[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 8 Reported in Senate (RS)]





                                                       Calendar No. 371

105th CONGRESS

  2d Session

                                  S. 8

                          [Report No. 105-192]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 19, 1998

                       Reported with an amendment
                                                       Calendar No. 371
105th CONGRESS
  2d Session
                                  S. 8

                          [Report No. 105-192]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

  Mr. Smith of New Hampshire (for himself, Mr. Chafee, Mr. Lott, Mr. 
    Abraham, Mr. Allard, Mr. Coverdell, Mr. Craig, Mr. DeWine, Mr. 
 Domenici, Mr. Gorton, Mr. Grams, Mr. Hagel, Mr. Hatch, Mr. Helms, Mr. 
    Hutchinson, Mr. Kyl, Mr. Lugar, Mr. Murkowski, Mr. Roberts, Mr. 
     Sessions, Mr. Thurmond,  Mr. Warner, Mr. Mack, Mr. Coats, Mr. 
 Faircloth, Mr. Bond, Mr. Kempthorne, Mr. Inhofe, Mr. Thomas, and Mr. 
                                Bennett)

                              May 19, 1998

               Reported by Mr. Chafee, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


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

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Superfund 
Cleanup Acceleration Act of 1997.''</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
              <DELETED>TITLE I--BROWNFIELDS REVITALIZATION

<DELETED>Sec. 101. Brownfields.
<DELETED>Sec. 102. Assistance for qualifying State voluntary response 
                            programs.
<DELETED>Sec. 103. Enforcement in cases of a release subject to a State 
                            plan.
<DELETED>Sec. 104. Contiguous properties.
<DELETED>Sec. 105. Prospective purchasers and windfall liens.
<DELETED>Sec. 106. Safe harbor innocent landholders.
                     <DELETED>TITLE II--STATE ROLE

<DELETED>Sec. 201. Delegation to the States of authorities with respect 
                            to national priorities list facilities.
              <DELETED>TITLE III--COMMUNITY PARTICIPATION

<DELETED>Sec. 301. Community response organizations; technical 
                            assistance grants; improvement of public 
                            participation in the superfund 
                            decisionmaking process.
            <DELETED>TITLE IV--SELECTION OF REMEDIAL ACTIONS

<DELETED>Sec. 401. Definitions.
<DELETED>Sec. 402. Selection and implementation of remedial actions.
<DELETED>Sec. 403. Remedy selection methodology.
<DELETED>Sec. 404. Remedy selection procedures.
<DELETED>Sec. 405. Completion of physical construction and delisting.
<DELETED>Sec. 406. Transition rules for facilities currently involved 
                            in remedy selection.
<DELETED>Sec. 407. National Priorities List.
                      <DELETED>TITLE V--LIABILITY

<DELETED>Sec. 501. Liability exceptions and limitations.
<DELETED>Sec. 502. Contribution from the Fund.
<DELETED>Sec. 503. Allocation of liability for certain facilities.
<DELETED>Sec. 504. Liability of response action contractors.
<DELETED>Sec. 505. Release of evidence.
<DELETED>Sec. 506. Contribution protection.
<DELETED>Sec. 507. Treatment of religious, charitable, scientific, and 
                            educational organizations as owners or 
                            operators.
<DELETED>Sec. 508. Common carriers.
<DELETED>Sec. 509. Limitation on liability of railroad owners.
<DELETED>Sec. 510. Liability of recyclers.
                 <DELETED>TITLE VI--FEDERAL FACILITIES

<DELETED>Sec. 601. Transfer of authorities.
<DELETED>Sec. 602. Limitation on criminal liability of Federal 
                            officers, employees, and agents.
<DELETED>Sec. 603. Innovative technologies for remedial action at 
                            Federal facilities.
              <DELETED>TITLE VII--NATURAL RESOURCE DAMAGES

<DELETED>Sec. 701. Restoration of natural resources.
<DELETED>Sec. 702. Assessment of injury to and restoration of natural 
                            resources.
<DELETED>Sec. 703. Consistency between response actions and resource 
                            restoration standards.
<DELETED>Sec. 704. Contribution.
                   <DELETED>TITLE VIII--MISCELLANEOUS

<DELETED>Sec. 801. Result-oriented cleanups.
<DELETED>Sec. 802. National Priorities List.
<DELETED>Sec. 803. Obligations from the fund for response actions.
                       <DELETED>TITLE IX--FUNDING

                <DELETED>Subtitle A--General Provisions

<DELETED>Sec. 901. Authorization of appropriations from the Fund.
<DELETED>Sec. 902. Orphan share funding.
<DELETED>Sec. 903. Department of Health and Human Services.
<DELETED>Sec. 904. Limitations on research, development, and 
                            demonstration programs.
<DELETED>Sec. 905. Authorization of appropriations from general 
                            revenues.
<DELETED>Sec. 906. Additional limitations.
<DELETED>Sec. 907. Reimbursement of potentially responsible parties.

         <DELETED>TITLE I--BROWNFIELDS REVITALIZATION</DELETED>

<DELETED>SEC. 101. BROWNFIELDS.</DELETED>

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

<DELETED>``SEC. 127. BROWNFIELDS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Administrative cost.--The term 
        `administrative cost' does not include the cost of--</DELETED>
                <DELETED>    ``(A) investigation and identification of 
                the extent of contamination;</DELETED>
                <DELETED>    ``(B) design and performance of a response 
                action; or</DELETED>
                <DELETED>    ``(C) monitoring of natural 
                resources.</DELETED>
        <DELETED>    ``(2) Brownfield facility.--The term `brownfield 
        facility' means--</DELETED>
                <DELETED>    ``(A) a parcel of land that contains an 
                abandoned, idled, or underused commercial or industrial 
                facility, the expansion or redevelopment of which is 
                complicated by the presence or potential presence of a 
                hazardous substance; but</DELETED>
                <DELETED>    ``(B) does not include--</DELETED>
                        <DELETED>    ``(i) a facility that is the 
                        subject of a removal or planned removal under 
                        title I;</DELETED>
                        <DELETED>    ``(ii) a facility that is listed 
                        or has been proposed for listing on the 
                        National Priorities List or that has been 
                        delisted under section 134(d)(5);</DELETED>
                        <DELETED>    ``(iii) 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)) at the time at which 
                        an application for a grant concerning the 
                        facility is submitted under this 
                        section;</DELETED>
                        <DELETED>    ``(iv) a land disposal unit with 
                        respect to which--</DELETED>
                                <DELETED>    ``(I) a closure 
                                notification under subtitle C of the 
                                Solid Waste Disposal Act (42 U.S.C. 
                                6921 et seq.) has been submitted; 
                                and</DELETED>
                                <DELETED>    ``(II) closure 
                                requirements have been specified in a 
                                closure plan or permit;</DELETED>
                        <DELETED>    ``(v) a facility with respect to 
                        which an administrative order on consent or 
                        judicial consent decree requiring cleanup has 
                        been entered into by the United States under 
                        this Act, the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.), the Federal Water 
                        Pollution Control Act (33 U.S.C. 1251 et seq.), 
                        the Toxic Substances Control Act (15 U.S.C. 
                        2601 et seq.), or the Safe Drinking Water Act 
                        (42 U.S.C. 300f et seq.);</DELETED>
                        <DELETED>    ``(vi) a facility that is owned or 
                        operated by a department, agency, or 
                        instrumentality of the United States; 
                        or</DELETED>
                        <DELETED>    ``(vii) a portion of a facility, 
                        for which portion, assistance for response 
                        activity has been obtained under subtitle I of 
                        the Solid Waste Disposal Act (42 U.S.C. 6991 et 
                        seq.) from the Leaking Underground Storage Tank 
                        Trust Fund established under section 9508 of 
                        the Internal Revenue Code of 1986.</DELETED>
        <DELETED>    ``(3) Eligible entity.--The term `eligible entity' 
        means--</DELETED>
                <DELETED>    ``(A) a general purpose unit of local 
                government;</DELETED>
                <DELETED>    ``(B) a land clearance authority or other 
                quasi-governmental entity that operates under the 
                supervision and control of or as an agent of a general 
                purpose unit of local government;</DELETED>
                <DELETED>    ``(C) a regional council or group of 
                general purpose units of local government;</DELETED>
                <DELETED>    ``(D) a redevelopment agency that is 
                chartered or otherwise sanctioned by a State; 
                and</DELETED>
                <DELETED>    ``(E) an Indian tribe.</DELETED>
<DELETED>    ``(b) Brownfield Characterization Grant Program.--
</DELETED>
        <DELETED>    ``(1) Establishment of program.--The Administrator 
        shall establish a program to provide grants for the site 
        characterization and assessment of brownfield 
        facilities.</DELETED>
        <DELETED>    ``(2) Assistance for site characterization and 
        assessment.--</DELETED>
                <DELETED>    ``(A) In general.--On approval of an 
                application made by an eligible entity, the 
                Administrator may make grants out of the Fund to the 
                eligible entity to be used for the site 
                characterization and assessment of 1 or more brownfield 
                facilities or to capitalize a revolving loan 
                fund.</DELETED>
                <DELETED>    ``(B) Appropriate inquiry.--A site 
                characterization and assessment carried out with the 
                use of a grant under subparagraph (A) shall be 
                performed in accordance with section 
                101(35)(B).</DELETED>
        <DELETED>    ``(3) Maximum grant amount.--A grant under 
        subparagraph (A) shall not exceed, with respect to any 
        individual brownfield facility covered by the grant, $100,000 
        for any fiscal year or $200,000 in total.</DELETED>
<DELETED>    ``(c) Brownfield Remediation Grant Program.--</DELETED>
        <DELETED>    ``(1) Establishment of program.--The Administrator 
        shall establish a program to provide grants to be used for 
        capitalization of revolving loan funds for response actions 
        (excluding site characterization and assessment) at brownfield 
        facilities.</DELETED>
        <DELETED>    ``(2) Assistance for site characterization and 
        assessment.--</DELETED>
                <DELETED>    ``(A) In general.--On approval of an 
                application made by a State or an eligible entity, the 
                Administrator may make grants out of the Fund to the 
                State or eligible entity to capitalize a revolving loan 
                fund to be used for response actions (excluding site 
                characterization and assessment) at 1 or more 
                brownfield facilities.</DELETED>
                <DELETED>    ``(B) Appropriate inquiry.--A site 
                characterization and assessment carried out with the 
                use of a grant under subparagraph (A) shall be 
                performed in accordance with section 
                101(35)(B).</DELETED>
        <DELETED>    ``(3) Maximum grant amount.--A grant under 
        subparagraph (A) shall not exceed, with respect to any 
        individual brownfield facility covered by the grant, $150,000 
        for any fiscal year or $300,000 in total.</DELETED>
<DELETED>    ``(d) General Provisions.--</DELETED>
        <DELETED>    ``(1) Sunset.--No amount shall be available from 
        the Fund for purposes of this section after the fifth fiscal 
        year after the date of enactment of this section.</DELETED>
        <DELETED>    ``(2) Prohibition.--No part of a grant under this 
        section may be used for payment of penalties, fines, or 
        administrative costs.</DELETED>
        <DELETED>    ``(3) Audits.--The Inspector General of the 
        Environmental Protection Agency shall audit an appropriate 
        number of grants made under subsections (b)(2) and (c)(2) to 
        ensure that funds are used for the purposes described in this 
        section.</DELETED>
        <DELETED>    ``(4) Agreements.--Each grant made under this 
        section shall be subject to an agreement that--</DELETED>
                <DELETED>    ``(A) requires the eligible entity to 
                comply with all applicable State laws (including 
                regulations);</DELETED>
                <DELETED>    ``(B) requires that the eligible entity 
                shall use the grant exclusively for purposes specified 
                in subsection (b)(2) or (c)(2);</DELETED>
                <DELETED>    ``(C) in the case of an application by a 
                State under subsection (c)(2), payment by the State of 
                a matching share of at least 50 percent of the costs of 
                the response action for which the grant is made, from 
                other sources of State funding; and</DELETED>
                <DELETED>    ``(D) contains such other terms and 
                conditions as the Administrator determines to be 
                necessary to carry out the purposes of this 
                section.</DELETED>
        <DELETED>    ``(5) Leveraging.--An eligible entity that 
        receives a grant under paragraph (1) may use the funds for part 
        of a project at a brownfield facility for which funding is 
        received from other sources, but the grant shall be used only 
        for the purposes described in subsection (b)(2) or 
        (c)(2).</DELETED>
<DELETED>    ``(e) Grant Applications.--</DELETED>
        <DELETED>    ``(1) In general.--Any eligible entity may submit 
        an application to the Administrator, through a regional office 
        of the Environmental Protection Agency and in such form as the 
        Administrator may require, for a grant under this section for 1 
        or more brownfield facilities.</DELETED>
        <DELETED>    ``(2) Application requirements.--An application 
        for a grant under this section shall include--</DELETED>
                <DELETED>    ``(A) an identification of each brownfield 
                facility for which the grant is sought and a 
                description of the redevelopment plan for the area or 
                areas in which the brownfield facilities are located, 
                including a description of the nature and extent of any 
                known or suspected environmental contamination within 
                the area;</DELETED>
                <DELETED>    ``(B) an analysis that demonstrates the 
                potential of the grant to stimulate economic 
                development on completion of the planned response 
                action, including a projection of the number of jobs 
                expected to be created at each facility 
after remediation and redevelopment and, to the extent feasible, a 
description of the type and skill level of the jobs and a projection of 
the increases in revenues accruing to Federal, State, and local 
governments from the jobs; and</DELETED>
                <DELETED>    ``(C) information relevant to the ranking 
                criteria stated in paragraph (4).</DELETED>
        <DELETED>    ``(3) Approval.--</DELETED>
                <DELETED>    ``(A) Initial grant.--On or about March 30 
                and September 30 of the first fiscal year following the 
                date of enactment of this section, the Administrator 
                shall make grants under this section to eligible 
                entities that submit applications before those dates 
                that the Administrator determines have the highest 
                rankings under ranking criteria established under 
                paragraph (4).</DELETED>
                <DELETED>    ``(B) Subsequent grants.--Beginning with 
                the second fiscal year following the date of enactment 
                of this section, the Administrator shall make an annual 
                evaluation of each application received during the 
                prior fiscal year and make grants under this section to 
                eligible entities that submit applications during the 
                prior year that the Administrator determines have the 
                highest rankings under the ranking criteria established 
                under paragraph (4).</DELETED>
        <DELETED>    ``(4) Ranking criteria.--The Administrator shall 
        establish a system for ranking grant applications that includes 
        the following criteria:</DELETED>
                <DELETED>    ``(A) The extent to which a grant will 
                stimulate the availability of other funds for 
                environmental remediation and subsequent redevelopment 
                of the area in which the brownfield facilities are 
                located.</DELETED>
                <DELETED>    ``(B) The potential of the development 
                plan for the area in which the brownfield facilities 
                are located to stimulate economic development of the 
                area on completion of the cleanup, such as the 
                following:</DELETED>
                        <DELETED>    ``(i) The relative increase in the 
                        estimated fair market value of the area as a 
                        result of any necessary response 
                        action.</DELETED>
                        <DELETED>    ``(ii) The potential of a grant to 
                        create new or expand existing business and 
                        employment opportunities (particularly full-
                        time employment opportunities) on completion of 
                        any necessary response action.</DELETED>
                        <DELETED>    ``(iii) The estimated additional 
                        tax revenues expected to be generated by 
                        economic redevelopment in the area in which a 
                        brownfield facility is located.</DELETED>
                        <DELETED>    ``(iv) The estimated extent to 
                        which a grant would facilitate the 
                        identification of or facilitate a reduction of 
                        health and environmental risks.</DELETED>
                        <DELETED>    ``(v) The financial involvement of 
                        the State and local government in any response 
                        action planned for a brownfield facility and 
                        the extent to which the response action and the 
                        proposed redevelopment is consistent with any 
                        applicable State or local community economic 
                        development plan.</DELETED>
                        <DELETED>    ``(vi) The extent to which the 
                        site characterization and assessment or 
                        response action and subsequent development of a 
                        brownfield facility involves the active 
                        participation and support of the local 
                        community.</DELETED>
                        <DELETED>    ``(vii) Such other factors as the 
                        Administrator considers appropriate to carry 
                        out the purposes of this section.''.</DELETED>
<DELETED>    (b) Funding.--Section 111 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9611) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(q) Brownfield Characterization Grant Program.--For each 
of fiscal years 1998 through 2002, not more than $15,000,000 of the 
amounts available in the Fund may be used to carry out section 
127(b).</DELETED>
<DELETED>    ``(r) Brownfield Remediation Grant Program.--For each of 
fiscal years 1998 through 2002, not more than $25,000,000 of the 
amounts available in the Fund may be used to carry out section 
127(c).''.</DELETED>

<DELETED>SEC. 102. ASSISTANCE FOR QUALIFYING STATE VOLUNTARY RESPONSE 
              PROGRAMS.</DELETED>

<DELETED>    (a) Definition.--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:</DELETED>
        <DELETED>  ``(39) Qualifying state voluntary response 
        program.--The term `qualifying State voluntary response 
        program' means a State program that includes the elements 
        described in section 128(b).''.</DELETED>
<DELETED>    (b) Qualifying State Voluntary Response Programs.--Title I 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as amended by section 
101(a)) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 128. QUALIFYING STATE VOLUNTARY RESPONSE 
              PROGRAMS.</DELETED>

<DELETED>    ``(a) Assistance to States.--The Administrator shall 
provide technical and other assistance to States to establish and 
expand qualifying State voluntary response programs that include the 
elements listed in subsection (b).</DELETED>
<DELETED>    ``(b) Elements.--The elements of a qualifying State 
voluntary response program are the following:</DELETED>
        <DELETED>    ``(1) Opportunities for technical assistance for 
        voluntary response actions.</DELETED>
        <DELETED>    ``(2) Adequate opportunities for public 
        participation, including prior notice and opportunity for 
        comment in appropriate circumstances, in selecting response 
        actions.</DELETED>
        <DELETED>    ``(3) Streamlined procedures to ensure expeditious 
        voluntary response actions.</DELETED>
        <DELETED>    ``(4) Oversight and enforcement authorities or 
        other mechanisms that are adequate to ensure that--</DELETED>
                <DELETED>    ``(A) voluntary response actions will 
                protect human health and the environment and be 
                conducted in accordance with applicable Federal and 
                State law; and</DELETED>
                <DELETED>    ``(B) if the person conducting the 
                voluntary response action fails to complete the 
                necessary response activities, including operation and 
                maintenance or long-term monitoring activities, the 
                necessary response activities are completed.</DELETED>
        <DELETED>    ``(5) Mechanisms for approval of a voluntary 
        response action plan.</DELETED>
        <DELETED>    ``(6) A requirement for certification or similar 
        documentation from the State to the person conducting the 
        voluntary response action indicating that the response is 
        complete.</DELETED>
<DELETED>    ``(c) Compliance With Act.--A person that conducts a 
voluntary response action under this section at a facility that is 
listed or proposed for listing on the National Priorities List shall 
implement applicable provisions of this Act or of similar provisions of 
State law in a manner comporting with State policy, so long as the 
remedial action that is selected protects human health and the 
environment to the same extent as would a remedial action selected by 
the Administrator under section 121(a).''.</DELETED>
<DELETED>    (c) Funding.--Section 111 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9611) (as amended by section 101(b)) is amended by adding at the 
end the following:</DELETED>
<DELETED>    ``(s) Qualifying State Voluntary Response Program.--For 
each of fiscal years 1998 through 2002, not more than $25,000,000 of 
the amounts available in the Fund may be used for assistance to States 
to establish and administer qualifying State voluntary response 
programs, during the first 5 full fiscal years following the date of 
enactment of this subparagraph, distributed among each of the States 
that notifies the Administrator of the State's intent to establish a 
qualifying State voluntary response program and each of the States with 
a qualifying State voluntary response program. For each fiscal year 
there shall be available to each eligible entity a grant in the amount 
of at least $250,000.''.</DELETED>

<DELETED>SEC. 103. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE 
              PLAN.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 129. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A 
              STATE PLAN.</DELETED>

<DELETED>    ``(a) In General.--In the case of a facility at which 
there is a release or threatened release of a hazardous substance 
subject to a State remedial action plan or with respect to which the 
State has provided certification or similar documentation that response 
action has been completed under a State remedial action plan, neither 
the President nor any other person may use any authority under this Act 
to take an administrative or judicial enforcement action or to bring a 
private civil action against any person regarding any matter that is 
within the scope of the plan.</DELETED>
<DELETED>    ``(b) Releases Not Subject to State Plans.--For any 
facility at which there is a release or threatened release of hazardous 
substances that is not subject to a State remedial action plan, the 
President shall provide notice to the State within 48 hours after 
issuing an order under section 106(a) addressing a release or 
threatened release. Such an order shall cease to have force or effect 
on the date that is 90 days after issuance unless the State concurs in 
the continuation of the order.</DELETED>
<DELETED>    ``(c) Cost or Damage Recovery Actions.--Subsection (a) 
does not apply to an action brought by a State or Indian tribe for the 
recovery of costs or damages under section 107.''.</DELETED>

<DELETED>SEC. 104. CONTIGUOUS PROPERTIES.</DELETED>

<DELETED>    (a) In General.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(a)) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(o) Contiguous Properties.--</DELETED>
        <DELETED>    ``(1) Not considered to be an owner or operator.--
        A person that 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 the release shall not be considered to be an 
        owner or operator of a vessel or facility under subsection (a) 
        (1) or (2) solely by reason of the contamination if--</DELETED>
                <DELETED>    ``(A) the person did not cause, 
                contribute, or consent to the release or threatened 
                release; and</DELETED>
                <DELETED>    ``(B) the person is not liable, and is not 
                affiliated with any other person that is liable, for 
                any 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.</DELETED>
        <DELETED>    ``(2) Cooperation, assistance, and access.--
        Notwithstanding paragraph (1), a person described in paragraph 
        (1) shall provide full cooperation, assistance, and facility 
        access to the persons that are responsible for 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.</DELETED>
        <DELETED>    ``(3) Assurances.--The Administrator may--
        </DELETED>
                <DELETED>    ``(A) issue an assurance that no 
                enforcement action under this Act will be initiated 
                against a person described in paragraph (1); 
                and</DELETED>
                <DELETED>    ``(B) grant a person described in 
                paragraph (1) protection against a cost recovery or 
                contribution action under section 113(f).''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607) is amended by striking ``of this section'' and 
inserting ``and the exemptions and limitations stated in this 
section''.</DELETED>

<DELETED>SEC. 105. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.</DELETED>

<DELETED>    (a) Definition.--Section 101 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601) (as amended by section 102(a)) is amended by adding at the 
end the following:</DELETED>
        <DELETED>    ``(40) Bona fide prospective purchaser.--The term 
        `bona fide prospective purchaser' means a person that acquires 
        ownership of a facility after the date of enactment of this 
        paragraph, or a tenant of such a person, that establishes each 
        of the following by a preponderance of the evidence:</DELETED>
                <DELETED>    ``(A) Disposal prior to acquisition.--All 
                active disposal of hazardous substances at the facility 
                occurred before the person acquired the 
                facility.</DELETED>
                <DELETED>    ``(B) Inquiries.--</DELETED>
                        <DELETED>    ``(i) In general.--The person made 
                        all appropriate inquiries into the previous 
                        ownership and uses of the facility and the 
                        facility's real property in accordance with 
                        generally accepted good commercial and 
                        customary standards and practices.</DELETED>
                        <DELETED>    ``(ii) Standards and practices.--
                        The standards and practices referred to in 
                        paragraph (35)(B)(ii) or those issued or 
                        adopted by the Administrator under that 
                        paragraph shall be considered to satisfy the 
                        requirements of this subparagraph.</DELETED>
                        <DELETED>    ``(iii) Residential use.--In the 
                        case of property for residential or other 
                        similar use purchased by a nongovernmental or 
                        noncommercial entity, a facility inspection and 
                        title search that reveal no basis for further 
                        investigation shall be considered to satisfy 
                        the requirements of this 
                        subparagraph.</DELETED>
                <DELETED>    ``(C) Notices.--The person provided all 
                legally required notices with respect to the discovery 
                or release of any hazardous substances at the 
                facility.</DELETED>
                <DELETED>    ``(D) Care.--The person exercised 
                appropriate care with respect to each hazardous 
                substance found at the facility by taking reasonable 
                steps to stop any continuing release, prevent any 
                threatened future release and prevent or limit human or 
                natural resource exposure to any previously released 
                hazardous substance.</DELETED>
                <DELETED>    ``(E) Cooperation, assistance, and 
                access.--The person provides full cooperation, 
                assistance, and facility access to the persons that are 
responsible for 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.</DELETED>
                <DELETED>    ``(F) Relationship.--The person is not 
                liable, and is not affiliated with any other person 
                that is liable, for any 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.''.</DELETED>
<DELETED>    (b) Amendment.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) (as amended by section 104) is amended by adding at the 
end the following:</DELETED>
<DELETED>    ``(p) Prospective Purchaser and Windfall Lien.--</DELETED>
        <DELETED>    ``(1) Limitation on liability.--Notwithstanding 
        subsection (a), a bona fide prospective purchaser whose 
        potential liability for a release or threatened release is 
        based solely on the purchaser's being considered to be an owner 
        or operator of a facility shall not be liable as long as the 
        bona fide prospective purchaser does not impede the performance 
        of a response action or natural resource restoration.</DELETED>
        <DELETED>    ``(2) Lien.--If there are unrecovered response 
        costs at a facility for which an owner of the facility is not 
        liable by reason of section 101(20)(G)(iii) and each of the 
        conditions described in paragraph (3) is met, the United States 
        shall have a lien on the facility, or may obtain from 
        appropriate responsible party a lien on any other property or 
        other assurances of payment satisfactory to the Administrator, 
        for such unrecovered costs.</DELETED>
        <DELETED>    ``(3) Conditions.--The conditions referred to in 
        paragraph (1) are the following:</DELETED>
                <DELETED>    ``(A) Response action.--A response action 
                for which there are unrecovered costs is carried out at 
                the facility.</DELETED>
                <DELETED>    ``(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 180 days before the response action was 
                initiated.</DELETED>
                <DELETED>    ``(C) Sale.--A sale or other disposition 
                of all or a portion of the facility has 
                occurred.</DELETED>
        <DELETED>    ``(4) Amount.--A lien under paragraph (2)--
        </DELETED>
                <DELETED>    ``(A) shall not exceed the increase in 
                fair market value of the property attributable to the 
                response action at the time of a subsequent sale or 
                other disposition of the property;</DELETED>
                <DELETED>    ``(B) shall arise at the time at which 
                costs are first incurred by the United States with 
                respect to a response action at the facility;</DELETED>
                <DELETED>    ``(C) shall be subject to the requirements 
                of subsection (l)(3); and</DELETED>
                <DELETED>    ``(D) shall continue until the earlier of 
                satisfaction of the lien or recovery of all response 
                costs incurred at the facility.''.</DELETED>

<DELETED>SEC. 106. SAFE HARBOR INNOCENT LANDHOLDERS.</DELETED>

<DELETED>    (a) Amendment.--Section 101(35) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601(35)) is amended by striking subparagraph (B) and inserting 
the following:</DELETED>
                <DELETED>    ``(B) Knowledge of inquiry requirement.--
                </DELETED>
                        <DELETED>    ``(i) All appropriate inquiries.--
                        To establish that the defendant had no reason 
                        to know of the matter described in subparagraph 
                        (A)(i), the defendant must show that, at or 
                        prior to the date on which the defendant 
                        acquired the facility, the defendant undertook 
                        all appropriate inquiries into the previous 
                        ownership and uses of the facility in 
                        accordance with generally accepted good 
                        commercial and customary standards and 
                        practices.</DELETED>
                        <DELETED>    ``(ii) Standards and practices.--
                        The Administrator shall by regulation establish 
                        as standards and practices for the purpose of 
                        clause (i)--</DELETED>
                                <DELETED>    ``(I) the American Society 
                                for Testing and Materials (ASTM) 
                                Standard E1527-94, entitled `Standard 
                                Practice for Environmental Site 
                                Assessments: Phase I Environmental Site 
                                Assessment Process'; or</DELETED>
                                <DELETED>    ``(II) alternative 
                                standards and practices under clause 
                                (iii).</DELETED>
                        <DELETED>    ``(iii) Alternative standards and 
                        practices.--</DELETED>
                                <DELETED>    ``(I) In general.--The 
                                Administrator may by regulation issue 
                                alternative standards and practices or 
                                designate standards developed by other 
                                organizations than the American Society 
                                for Testing and Materials 
after conducting a study of commercial and industrial practices 
concerning the transfer of real property in the United 
States.</DELETED>
                                <DELETED>    ``(II) Considerations.--In 
                                issuing or designating alternative 
                                standards and practices under subclause 
                                (I), the Administrator shall consider 
                                including each of the 
                                following:</DELETED>
                                        <DELETED>    ``(aa) The results 
                                        of an inquiry by an 
                                        environmental 
                                        professional.</DELETED>
                                        <DELETED>    ``(bb) Interviews 
                                        with past and present owners, 
                                        operators, and occupants of the 
                                        facility and the facility's 
                                        real property for the purpose 
                                        of gathering information 
                                        regarding the potential for 
                                        contamination at the facility 
                                        and the facility's real 
                                        property.</DELETED>
                                        <DELETED>    ``(cc) Reviews of 
                                        historical sources, such as 
                                        chain of title documents, 
                                        aerial photographs, building 
                                        department records, and land 
                                        use records to determine 
                                        previous uses and occupancies 
                                        of the real property since the 
                                        property was first 
                                        developed.</DELETED>
                                        <DELETED>    ``(dd) Searches 
                                        for recorded environmental 
                                        cleanup liens, filed under 
                                        Federal, State, or local law, 
                                        against the facility or the 
                                        facility's real 
                                        property.</DELETED>
                                        <DELETED>    ``(ee) Reviews of 
                                        Federal, State, and local 
                                        government records (such as 
                                        waste disposal records), 
                                        underground storage tank 
                                        records, and hazardous waste 
                                        handling, generation, 
                                        treatment, disposal, and spill 
                                        records, concerning 
                                        contamination at or near the 
                                        facility or the facility's real 
                                        property.</DELETED>
                                        <DELETED>    ``(ff) Visual 
                                        inspections of the facility and 
                                        facility's real property and of 
                                        adjoining properties.</DELETED>
                                        <DELETED>    ``(gg) Specialized 
                                        knowledge or experience on the 
                                        part of the 
                                        defendant.</DELETED>
                                        <DELETED>    ``(hh) The 
                                        relationship of the purchase 
                                        price to the value of the 
                                        property if the property was 
                                        uncontaminated.</DELETED>
                                        <DELETED>    ``(ii) Commonly 
                                        known or reasonably 
                                        ascertainable information about 
                                        the property.</DELETED>
                                        <DELETED>    ``(jj) The degree 
                                        of obviousness of the presence 
                                        or likely presence of 
                                        contamination at the property, 
                                        and the ability to detect such 
                                        contamination by appropriate 
                                        investigation.</DELETED>
                        <DELETED>    ``(iv) Site inspection and title 
                        search.--In the case of property for 
                        residential use or other similar use purchased 
                        by a nongovernmental or noncommercial entity, a 
                        facility inspection and title search that 
                        reveal no basis for further investigation shall 
                        be considered to satisfy the requirements of 
                        this subparagraph.''.</DELETED>
<DELETED>    (b) Standards and Practices.--</DELETED>
        <DELETED>    (1) Establishment by regulation.--The 
        Administrator of the Environmental Protection Agency shall 
        issue the regulation required by section 101(35)(B)(ii) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (as added by subsection (a)) not later 
        than 1 year after the date of enactment of this Act.</DELETED>
        <DELETED>    (2) Interim standards and practices.--Until the 
        Administrator issues the regulation described in paragraph (1), 
        in making a determination under section 101(35)(B)(i) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (as added by subsection (a)), there shall 
        be taken into account--</DELETED>
                <DELETED>    (A) any specialized knowledge or 
                experience on the part of the defendant;</DELETED>
                <DELETED>    (B) the relationship of the purchase price 
                to the value of the property if the property was 
                uncontaminated;</DELETED>
                <DELETED>    (C) commonly known or reasonably 
                ascertainable information about the property;</DELETED>
                <DELETED>    (D) the degree of obviousness of the 
                presence or likely presence of contamination at the 
                property; and</DELETED>
                <DELETED>    (E) the ability to detect the 
                contamination by appropriate investigation.</DELETED>

                <DELETED>TITLE II--STATE ROLE</DELETED>

<DELETED>SEC. 201. DELEGATION TO THE STATES OF AUTHORITIES WITH RESPECT 
              TO NATIONAL PRIORITIES LIST FACILITIES.</DELETED>

<DELETED>    (a) In General.--Title I of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) (as amended by section 103) is amended by adding 
at the end the following:</DELETED>

<DELETED>``SEC. 130. DELEGATION TO THE STATES OF AUTHORITIES WITH 
              RESPECT TO NATIONAL PRIORITIES LIST FACILITIES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Comprehensive delegation state.--The term 
        `comprehensive delegation State', with respect to a facility, 
        means a State to which the Administrator has delegated 
        authority to perform all of the categories of delegable 
        authority.</DELETED>
        <DELETED>    ``(2) Delegable authority.--The term `delegable 
        authority' means authority to perform (or ensure performance 
        of) all of the authorities included in any 1 or more of the 
        categories of authority:</DELETED>
                <DELETED>    ``(A) Category a.--All authorities 
                necessary to perform technical investigations, 
                evaluations, and risk analyses, including--</DELETED>
                        <DELETED>    ``(i) a preliminary assessment or 
                        facility evaluation under section 
                        104;</DELETED>
                        <DELETED>    ``(ii) facility characterization 
                        under section 104;</DELETED>
                        <DELETED>    ``(iii) a remedial investigation 
                        under section 104;</DELETED>
                        <DELETED>    ``(iv) a facility-specific risk 
                        evaluation under section 131;</DELETED>
                        <DELETED>    ``(v) enforcement authority 
                        related to the authorities described in clauses 
                        (i) through (iv); and</DELETED>
                        <DELETED>    ``(vi) any other authority 
                        identified by the Administrator under 
                        subsection (b).</DELETED>
                <DELETED>    ``(B) Category b.--All authorities 
                necessary to perform alternatives development and 
                remedy selection, including--</DELETED>
                        <DELETED>    ``(i) a feasibility study under 
                        section 104; and</DELETED>
                        <DELETED>    ``(ii)(I) remedial action 
                        selection under section 121 (including issuance 
                        of a record of decision); or</DELETED>
                        <DELETED>    ``(II) remedial action planning 
                        under section 133(b)(5);</DELETED>
                        <DELETED>    ``(iii) enforcement authority 
                        related to the authorities described in clauses 
                        (i) and (ii); and</DELETED>
                        <DELETED>    ``(iv) any other authority 
                        identified by the Administrator under 
                        subsection (b).</DELETED>
                <DELETED>    ``(C) Category c.--All authorities 
                necessary to perform remedial design, including--
                </DELETED>
                        <DELETED>    ``(i) remedial design under 
                        section 121;</DELETED>
                        <DELETED>    ``(ii) enforcement authority 
                        related to the authority described in clause 
                        (i); and</DELETED>
                        <DELETED>    ``(iii) any other authority 
                        identified by the Administrator under 
                        subsection (b).</DELETED>
                <DELETED>    ``(D) Category d.--All authorities 
                necessary to perform remedial action and operation and 
                maintenance, including--</DELETED>
                        <DELETED>    ``(i) a removal under section 
                        104;</DELETED>
                        <DELETED>    ``(ii) a remedial action under 
                        section 104 or section 10 (a) or (b);</DELETED>
                        <DELETED>    ``(iii) operation and maintenance 
                        under section 104(c);</DELETED>
                        <DELETED>    ``(iv) enforcement authority 
                        related to the authorities described in clauses 
                        (i) through (iii); and</DELETED>
                        <DELETED>    ``(v) any other authority 
                        identified by the Administrator under 
                        subsection (b).</DELETED>
                <DELETED>    ``(E) Category e.--All authorities 
                necessary to perform information collection and 
                allocation of liability, including--</DELETED>
                        <DELETED>    ``(i) information collection 
                        activity under section 104(e);</DELETED>
                        <DELETED>    ``(ii) allocation of liability 
                        under section 136;</DELETED>
                        <DELETED>    ``(iii) a search for potentially 
                        responsible parties under section 104 or 
                        107;</DELETED>
                        <DELETED>    ``(iv) settlement under section 
                        122;</DELETED>
                        <DELETED>    ``(v) enforcement authority 
                        related to the authorities described in clauses 
                        (i) through (iv); and</DELETED>
                        <DELETED>    ``(vi) any other authority 
                        identified by the Administrator under 
                        subsection (b).</DELETED>
        <DELETED>    ``(3) Delegated state.--The term `delegated State' 
        means a State to which delegable authority has been delegated 
        under subsection (c), except as may be provided in a delegation 
        agreement in the case of a limited delegation of authority 
        under subsection (c)(5).</DELETED>
        <DELETED>    ``(4) Delegated authority.--The term `delegated 
        authority' means a delegable authority that has been delegated 
        to a delegated State under this section.</DELETED>
        <DELETED>    ``(5) Delegated facility.--The term `delegated 
        facility' means a non-federal listed facility with respect to 
        which a delegable authority has been delegated to a State under 
        this section.</DELETED>
        <DELETED>    ``(6) Enforcement authority.--The term 
        ``enforcement authority'' means all authorities necessary to 
        recover response costs, require potentially responsible parties 
        to perform response actions, and otherwise compel 
        implementation of a response action, including--</DELETED>
                <DELETED>    ``(A) issuance of an order under section 
                106(a);</DELETED>
                <DELETED>    ``(B) a response action cost recovery 
                under section 107;</DELETED>
                <DELETED>    ``(C) imposition of a civil penalty or 
                award under section 109 (a)(1)(D) or (b)(4);</DELETED>
                <DELETED>    ``(D) settlement under section 122; 
                and</DELETED>
                <DELETED>    ``(E) any other authority identified by 
                the Administrator under subsection (b).</DELETED>
        <DELETED>    ``(7) Noncomprehensive delegation state.--The term 
        `noncomprehensive delegation State', with respect to a 
        facility, means a State to which the Administrator has 
        delegated authority to perform fewer than all of the categories 
        of delegable authority.</DELETED>
        <DELETED>    ``(8) Nondelegable authority.--The term 
        `nondelegable authority' means authority to--</DELETED>
                <DELETED>    ``(A) make grants to community response 
                organizations under section 117; and</DELETED>
                <DELETED>    ``(B) conduct research and development 
                activities under any provision of this Act.</DELETED>
        <DELETED>    ``(9) Non-federal listed facility.--The term `non-
        federal listed facility' means a facility that--</DELETED>
                <DELETED>    ``(A) is not owned or operated by a 
                department, agency, or instrumentality of the United 
                States in any branch of the Government; and</DELETED>
                <DELETED>    ``(B) is listed on the National Priorities 
                List.</DELETED>
<DELETED>    ``(b) Identification of Delegable Authorities.--</DELETED>
        <DELETED>    ``(1) In general.--The President shall by 
        regulation identify all of the authorities of the Administrator 
        that shall be included in a delegation of any category of 
        delegable authority described in subsection (a)(2).</DELETED>
        <DELETED>    ``(2) Limitation.--The Administrator shall not 
        identify a nondelegable authority for inclusion in a delegation 
        of any category of delegable authority.</DELETED>
<DELETED>    ``(c) Delegation of Authority.--</DELETED>
        <DELETED>    ``(1) In general.--Pursuant to an approved State 
        application, the Administrator shall delegate authority to 
        perform 1 or more delegable authorities with respect to 1 or 
        more non-Federal listed facilities in the State.</DELETED>
        <DELETED>    ``(2) Application.--An application under paragraph 
        (1) shall--</DELETED>
                <DELETED>    ``(A) identify each non-Federal listed 
                facility for which delegation is requested;</DELETED>
                <DELETED>    ``(B) identify each delegable authority 
                that is requested to be delegated for each non-Federal 
                listed facility for which delegation is requested; 
                and</DELETED>
                <DELETED>    ``(C) certify that the State, supported by 
                such documentation as the State, in consultation with 
                the Administrator, considers to be appropriate--
                </DELETED>
                        <DELETED>    ``(i) has statutory and regulatory 
                        authority (including appropriate enforcement 
                        authority) to perform the requested delegable 
                        authorities in a manner that is protective of 
                        human health and the environment;</DELETED>
                        <DELETED>    ``(ii) has resources in place to 
                        adequately administer and enforce the 
                        authorities;</DELETED>
                        <DELETED>    ``(iii) has procedures to ensure 
                        public notice and, as appropriate, opportunity 
                        for comment on remedial action plans, 
                        consistent with sections 117 and 133; 
                        and</DELETED>
                        <DELETED>    ``(iv) agrees to exercise its 
                        enforcement authorities to require that persons 
                        that are potentially liable under section 
                        107(a), to the extent practicable, perform and 
                        pay for the response actions set forth in each 
                        category described in subsection 
                        (a)(2).</DELETED>
        <DELETED>    ``(3) Approval of application.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 60 days 
                after receiving an application under paragraph (2) by a 
                State that is authorized to administer and enforce the 
                corrective action requirements of a hazardous waste 
                program under section 3006 of the Solid Waste Disposal 
                Act (42 U.S.C. 6926), and not later than 120 days after 
                receiving an application from a State that is not 
                authorized to administer and enforce the corrective 
                action requirements of a hazardous waste program under 
                section 3006 of the Solid Waste Disposal Act (42 U.S.C. 
                6926), unless the State agrees to a greater length of 
                time for the Administrator to make a determination, the 
                Administrator shall--</DELETED>
                        <DELETED>    ``(i) issue a notice of approval 
                        of the application (including approval or 
                        disapproval regarding any or all of the 
                        facilities with respect to which a delegation 
                        of authority is requested or with respect to 
                        any or all of the authorities that are 
                        requested to be delegated); or</DELETED>
                        <DELETED>    ``(ii) if the Administrator 
                        determines that the State does not have 
                        adequate legal authority, financial and 
                        personnel resources, organization, or expertise 
                        to administer and enforce any of the requested 
                        delegable authority, issue a notice of 
                        disapproval, including an explanation of the 
                        basis for the determination.</DELETED>
                <DELETED>    ``(B) Failure to act.--If the 
                Administrator does not issue a notice of approval or 
                notice of disapproval of all or any portion of 
an application within the applicable time period under subparagraph 
(A), the application shall be deemed to have been granted.</DELETED>
                <DELETED>    ``(C) Resubmission of application.--
                </DELETED>
                        <DELETED>    ``(i) In general.--If the 
                        Administrator disapproves an application under 
                        paragraph (1), the State may resubmit the 
                        application at any time after receiving the 
                        notice of disapproval.</DELETED>
                        <DELETED>    ``(ii) Failure to act.--If the 
                        Administrator does not issue a notice of 
                        approval or notice of disapproval of a 
                        resubmitted application within the applicable 
                        time period under subparagraph (A), the 
                        resubmitted application shall be deemed to have 
                        been granted.</DELETED>
                <DELETED>    ``(D) No additional terms or conditions.--
                The Administrator shall not impose any term or 
                condition on the approval of an application that meets 
                the requirements stated in paragraph (2) (except that 
                any technical deficiencies in the application be 
                corrected).</DELETED>
                <DELETED>    ``(E) Judicial review.--The State (but no 
                other person) shall be entitled to judicial review 
                under section 113(b) of a disapproval of a resubmitted 
                application.</DELETED>
        <DELETED>    ``(4) Delegation agreement.--On approval of a 
        delegation of authority under this section, the Administrator 
        and the delegated State shall enter into a delegation agreement 
        that identifies each category of delegable authority that is 
        delegated with respect to each delegated facility.</DELETED>
        <DELETED>    ``(5) Limited delegation.--</DELETED>
                <DELETED>    ``(A) In general.--In the case of a State 
                that does not meet the requirements of paragraph (2)(C) 
                the Administrator may delegate to the State limited 
                authority to perform, ensure the performance of, or 
                supervise or otherwise participate in the performance 
                of 1 or more delegable authorities, as appropriate in 
                view of the extent to which the State has the required 
                legal authority, financial and personnel resources, 
                organization, and expertise.</DELETED>
                <DELETED>    ``(B) Special provisions.--In the case of 
                a limited delegation of authority to a State under 
                subparagraph (A), the Administrator shall specify the 
                extent to which the State shall be considered to be a 
                delegated State for the purposes of this Act.</DELETED>
<DELETED>    ``(d) Performance of Delegated Authorities.--</DELETED>
        <DELETED>    ``(1) In general.--A delegated State shall have 
        sole authority (except as provided in paragraph (6)(B), 
        subsection (e)(4), and subsection (g)) to perform a delegated 
        authority with respect to a delegated facility.</DELETED>
        <DELETED>    ``(2) Agreements for performance of delegated 
        authorities.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), a delegated State may enter into an 
                agreement with a political subdivision of the State, an 
                interstate body comprised of that State and another 
                delegated State or States, or a combination of such 
                subdivisions or interstate bodies, providing for the 
                performance of any category of delegated authority with 
                respect to a delegated facility in the State if the 
                parties to the agreement agree in the agreement to 
                undertake response actions that are consistent with 
                this Act.</DELETED>
                <DELETED>    ``(B) No agreement with potentially 
                responsible party.--A delegated State shall not enter 
                into an agreement under subparagraph (A) with a 
                political subdivision or interstate body that is, or 
                includes as a component an entity that is, a 
                potentially responsible party with respect to a 
                delegated facility covered by the agreement.</DELETED>
                <DELETED>    ``(C) Continuing responsibility.--A 
                delegated State that enters into an agreement under 
                subparagraph (A)--</DELETED>
                        <DELETED>    ``(i) shall exercise supervision 
                        over and approve the activities of the parties 
                        to the agreement; and</DELETED>
                        <DELETED>    ``(ii) shall remain responsible 
                        for ensuring performance of the delegated 
                        authority.</DELETED>
        <DELETED>    ``(3) Compliance with act.--</DELETED>
                <DELETED>    ``(A) Noncomprehensive delegation 
                states.--A noncomprehensive delegation State shall 
                implement each applicable provision of this Act 
                (including regulations and guidance issued by the 
                Administrator) so as to perform each delegated 
                authority with respect to a delegated facility in the 
                same manner as would the Administrator with respect to 
                a facility that is not a delegated facility.</DELETED>
                <DELETED>    ``(B) Comprehensive delegation states.--
                </DELETED>
                        <DELETED>    ``(i) In general.--A comprehensive 
                        delegation State shall implement applicable 
                        provisions of this Act or of similar provisions 
                        of State law in a manner comporting with State 
                        policy, so long as the remedial action that is 
                        selected protects human health and the 
                        environment to the same extent as would a 
                        remedial action selected by the Administrator 
                        under section 121.</DELETED>
                        <DELETED>    ``(ii) Costlier remedial action.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--A 
                                delegated State may select a remedial 
                                action for a delegated facility that 
                                has a greater response cost (including 
                                operation and maintenance costs) than 
                                the response cost for a remedial action 
                                that would be selected by the 
                                Administrator under section 121, if the 
                                State pays for the difference in 
                                cost.</DELETED>
                                <DELETED>    ``(II) No cost recovery.--
                                If a delegated State selects a more 
                                costly remedial action under subclause 
                                (I), the State shall not be entitled to 
                                seek cost recovery under this Act or 
                                any other Federal or State law from any 
                                other person for the difference in 
                                cost.</DELETED>
        <DELETED>    ``(4) Judicial review.--An order that is issued 
        under section 106 by a delegated State with respect to a 
        delegated facility shall be reviewable only in United States 
        district court under section 113.</DELETED>
        <DELETED>    ``(5) Delisting of national priorities list 
        facilities.--</DELETED>
                <DELETED>    ``(A) Delisting.--After notice and an 
                opportunity for public comment, a delegated State may 
                remove from the National Priorities List all or part of 
                a delegated facility--</DELETED>
                        <DELETED>    ``(i) if the State makes a finding 
                        that no further action is needed to be taken at 
                        the facility (or part of the facility) under 
                        any applicable law to protect human health and 
                        the environment consistent with section 121(a) 
                        (1) and (2);</DELETED>
                        <DELETED>    ``(ii) with the concurrence of the 
                        potentially responsible parties, if the State 
                        has an enforceable agreement to perform all 
                        required remedial action and operation and 
                        maintenance for the facility or if the cleanup 
                        will proceed at the facility under section 3004 
                        (u) or (v) of the Solid Waste Disposal Act (42 
                        U.S.C. 6924 (u), (v)); or</DELETED>
                        <DELETED>    ``(iii) if the State is a 
                        comprehensive delegation State with respect to 
                        the facility.</DELETED>
                <DELETED>    ``(B) Effect of delisting.--A delisting 
                under subparagraph (A) (ii) or (iii) shall not affect--
                </DELETED>
                        <DELETED>    ``(i) the authority or 
                        responsibility of the State to complete 
                        remedial action and operation and 
                        maintenance;</DELETED>
                        <DELETED>    ``(ii) the eligibility of the 
                        State for funding under this Act;</DELETED>
                        <DELETED>    ``(iii) notwithstanding the 
                        limitation on section 104(c)(1), the authority 
                        of the Administrator to make expenditures from 
                        the Fund relating to the facility; or</DELETED>
                        <DELETED>    ``(iv) the enforceability of any 
                        consent order or decree relating to the 
                        facility.</DELETED>
                <DELETED>    ``(C) No relisting.--</DELETED>
                        <DELETED>    ``(i) In general.--Except as 
                        provided in clause (ii), the Administrator 
                        shall not relist on the National Priorities 
                        List a facility or part of a facility that has 
                        been removed from the National Priorities List 
                        under subparagraph (A).</DELETED>
                        <DELETED>    ``(ii) Cleanup not completed.--The 
                        Administrator may relist a facility or part of 
                        a facility that has been removed from the 
                        National Priorities List under subparagraph (A) 
                        if cleanup is not completed in accordance with 
                        the enforceable agreement under subparagraph 
                        (A)(ii).</DELETED>
        <DELETED>    ``(6) Cost recovery.--</DELETED>
                <DELETED>    ``(A) Recovery by a delegated state.--Of 
                the amount of any response costs recovered from a 
                responsible party by a delegated State for a delegated 
                facility under section 107--</DELETED>
                        <DELETED>    ``(i) 25 percent of the amount of 
                        any Federal response cost recovered with 
                        respect to a facility, plus an amount equal to 
                        the amount of response costs incurred by the 
                        State with respect to the facility, may be 
                        retained by the State; and</DELETED>
                        <DELETED>    ``(ii) the remainder shall be 
                        deposited in the Hazardous Substances Superfund 
                        established under subchapter A of chapter 98 of 
                        the Internal Revenue Code of 1986.</DELETED>
                <DELETED>    ``(B) Recovery by the administrator.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The 
                        Administrator may take action under section 107 
                        to recover response costs from a responsible 
                        party for a delegated facility if--</DELETED>
                                <DELETED>    ``(I) the delegated State 
                                notifies the Administrator in writing 
                                that the delegated State does not 
                                intend to pursue action for recovery of 
                                response costs under section 107 
                                against the responsible party; 
                                or</DELETED>
                                <DELETED>    ``(II) the delegated State 
                                fails to take action to recover 
                                response costs within a reasonable time 
                                in light of applicable statutes of 
                                limitation.</DELETED>
                        <DELETED>    ``(ii) Notice.--If the 
                        Administrator proposes to commence an action 
                        for recovery of response costs under section 
                        107, the Administrator shall give the State 
                        written notice and allow the State at least 90 
                        days after receipt of the notice to commence 
                        the action.</DELETED>
                        <DELETED>    ``(iii) No further action.--If the 
                        Administrator takes action against a 
                        potentially responsible party under section 107 
                        relating to a release from a delegated 
                        facility, the delegated State may not take any 
                        other action for recovery of response costs 
                        relating to that release under this Act or any 
                        other Federal or State law.</DELETED>
<DELETED>    ``(e) Federal Responsibilities and Authorities.--
</DELETED>
        <DELETED>    ``(1) Review use of funds.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                review the certification submitted by the Governor 
                under subsection (f)(8) not later than 120 days after 
                the date of its submission.</DELETED>
                <DELETED>    ``(B) Finding of use of funds inconsistent 
                with this act.--If the Administrator finds that funds 
                were used in a manner that is inconsistent with this 
                Act, the Administrator shall notify the Governor in 
                writing not later than 120 days after receiving the 
                Governor's certification.</DELETED>
                <DELETED>    ``(C) Explanation.--Not later than 30 days 
                after receiving a notice under subparagraph (B), the 
                Governor shall--</DELETED>
                        <DELETED>    ``(i) explain why the 
                        Administrator's finding is in error; 
                        or</DELETED>
                        <DELETED>    ``(ii) explain to the 
                        Administrator's satisfaction how any 
                        misapplication or misuse of funds will be 
                        corrected.</DELETED>
                <DELETED>    ``(D) Failure to explain.--If the Governor 
                fails to make an explanation under subparagraph (C) to 
                the Administrator's satisfaction, the Administrator may 
                request reimbursement of such amount of funds as the 
                Administrator finds was misapplied or 
                misused.</DELETED>
                <DELETED>    ``(E) Repayment of funds.--If the 
                Administrator fails to obtain reimbursement from the 
                State within a reasonable period of time, the 
                Administrator may, after 30 days' notice to the State, 
                bring a civil action in United States district court to 
                recover from the delegated State any funds that were 
                advanced for a purpose or were used for a purpose or in 
                a manner that is inconsistent with this Act.</DELETED>
        <DELETED>    ``(2) Withdrawal of delegation of authority.--
        </DELETED>
                <DELETED>    ``(A) Delegated states.--If at any time 
                the Administrator finds that contrary to a 
                certification made under subsection (c)(2), a delegated 
                State--</DELETED>
                        <DELETED>    ``(i) lacks the required financial 
                        and personnel resources, organization, or 
                        expertise to administer and enforce the 
                        requested delegated authorities;</DELETED>
                        <DELETED>    ``(ii) does not have adequate 
                        legal authority to request and accept 
                        delegation; or</DELETED>
                        <DELETED>    ``(iii) is failing to materially 
                        carry out the State's delegated 
                        authorities,</DELETED>
                <DELETED>the Administrator may withdraw a delegation of 
                authority with respect to a delegated facility after 
                providing notice and opportunity to correct 
                deficiencies under subparagraph (D).</DELETED>
                <DELETED>    ``(B) States with limited delegations of 
                authority.--If the Administrator finds that a State to 
                which a limited delegation of authority was made under 
                subsection (c)(5) has materially breached the 
                delegation agreement, the Administrator may withdraw 
                the delegation after providing notice and opportunity 
                to correct deficiencies under subparagraph 
                (D).</DELETED>
                <DELETED>    ``(C) Notice and opportunity to correct.--
                If the Administrator proposes to withdraw a delegation 
                of authority for any or all delegated facilities, the 
                Administrator shall give the State written notice and 
                allow the State at least 90 days after the date of 
                receipt of the notice to correct the deficiencies cited 
                in the notice.</DELETED>
                <DELETED>    ``(D) Failure to correct.--If the 
                Administrator finds that the deficiencies have not been 
                corrected within the time specified in a notice under 
                subparagraph (C), the Administrator may withdraw 
                delegation of authority after providing public notice 
                and opportunity for comment.</DELETED>
                <DELETED>    ``(E) Judicial review.--A decision of the 
                Administrator to withdraw a delegation of authority 
                shall be subject to judicial review under section 
                113(b).</DELETED>
        <DELETED>    ``(3) Rule of construction.--Nothing in this 
        section shall be construed to affect the authority of the 
        Administrator under this Act to--</DELETED>
                <DELETED>    ``(A) take a response action at a facility 
                listed on the National Priorities List in a State to 
                which a delegation of authority has not been made under 
                this section or at a facility not included in a 
                delegation of authority; or</DELETED>
                <DELETED>    ``(B) perform a delegable authority with 
                respect to a facility that is not included among the 
                authorities delegated to a State with respect to the 
                facility.</DELETED>
        <DELETED>    ``(4) Retained authority.--</DELETED>
                <DELETED>    ``(A) Notice.--Before performing an 
                emergency removal action under section 104 at a 
                delegated facility, the Administrator shall notify the 
                delegated States of the Administrator's intention to 
                perform the removal.</DELETED>
                <DELETED>    ``(B) State action.--If, after receiving a 
                notice under subparagraph (A), the delegated State 
                notifies the Administrator within 48 hours that the 
                State intends to take action to perform an emergency 
                removal at the delegated facility, the Administrator 
                shall not perform the emergency removal action unless 
                the Administrator determines that the delegated State 
                has failed to act within a reasonable period of time to 
                perform the emergency removal.</DELETED>
                <DELETED>    ``(C) Immediate and significant danger.--
                If the Administrator finds that an emergency at a 
                delegated facility poses an immediate and significant 
                danger to human health or the environment, the 
                Administrator shall not be required to provide notice 
                under subparagraph (A).</DELETED>
        <DELETED>    ``(5) Prohibited actions.--Except as provided in 
        subsections (d)(6)(B), (e)(4), and (g) or except with the 
        concurrence of the delegated State, the President, the 
        Administrator, and the Attorney General shall not take any 
        action under section 104, 106, 107, 109, 121, or 122 in 
        performance of a delegable authority that has been delegated to 
        a State with respect to a delegated facility.</DELETED>
<DELETED>    ``(f) Funding.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall provide 
        grants to or enter into contracts or cooperative agreements 
        with delegated States to carry out this section.</DELETED>
        <DELETED>    ``(2) No claim against fund.--Notwithstanding any 
        other law, funds to be granted under this subsection shall not 
        constitute a claim against the Fund or the United 
        States.</DELETED>
        <DELETED>    ``(3) Insufficient funds available.--If funds are 
        unavailable in any fiscal year to satisfy all commitments made 
        under this section by the Administrator, the Administrator 
        shall have sole authority and discretion to establish 
        priorities and to delay payments until funds are 
        available.</DELETED>
        <DELETED>    ``(4) Determination of costs on a facility-
        specific basis.--The Administrator shall--</DELETED>
                <DELETED>    ``(A) determine--</DELETED>
                        <DELETED>    ``(i) the delegable authorities 
                        the costs of performing which it is practicable 
                        to determine on a facility-specific basis; 
                        and</DELETED>
                        <DELETED>    ``(ii) the delegable authorities 
                        the costs of performing which it is not 
                        practicable to determine on a facility-specific 
                        basis; and</DELETED>
                <DELETED>    ``(B) publish a list describing the 
                delegable authorities in each category.</DELETED>
        <DELETED>    ``(5) Facility-specific grants.--The costs 
        described in paragraph (4)(A)(ii) shall be funded as such costs 
        arise with respect to each delegated facility.</DELETED>
        <DELETED>    ``(6) Nonfacility-specific grants.--</DELETED>
                <DELETED>    ``(A) In general.--The costs described in 
                paragraph (4)(A)(ii) shall be funded through 
                nonfacility-specific grants under this 
                paragraph.</DELETED>
                <DELETED>    ``(B) Formula.--The Administrator shall 
                establish a formula under which funds available for 
                nonfacility-specific grants shall be allocated among 
                the delegated States, taking into consideration--
                </DELETED>
                        <DELETED>    ``(i) the cost of administering 
                        the delegated authority;</DELETED>
                        <DELETED>    ``(ii) the number of sites for 
                        which the State has been delegated 
                        authority;</DELETED>
                        <DELETED>    ``(iii) the types of activities 
                        for which the State has been delegated 
                        authority;</DELETED>
                        <DELETED>    ``(iv) the number of facilities 
                        within the State that are listed on the 
                        National Priorities List or are delegated 
                        facilities under section 130(d)(5);</DELETED>
                        <DELETED>    ``(v) the number of other high 
                        priority facilities within the State;</DELETED>
                        <DELETED>    ``(vi) the need for the 
                        development of the State program;</DELETED>
                        <DELETED>    ``(vii) the need for additional 
                        personnel;</DELETED>
                        <DELETED>    ``(viii) the amount of resources 
                        available through State programs for the 
                        cleanup of contaminated sites; and</DELETED>
                        <DELETED>    ``(ix) the benefit to human health 
                        and the environment of providing the 
                        funding.</DELETED>
        <DELETED>    ``(7) Permitted use of grant funds.--A delegated 
        State may use grant funds, in accordance with this Act and the 
        National Contingency Plan, to take any action or perform any 
        duty necessary to implement the authority delegated to the 
        State under this section.</DELETED>
        <DELETED>    ``(8) Cost share.--</DELETED>
                <DELETED>    ``(A) Assurance.--A delegated State to 
                which a grant is made under this subsection shall 
                provide an assurance that the State will pay any amount 
                required under section 104(c)(3).</DELETED>
                <DELETED>    ``(B) Prohibited use of grant funds.--A 
                delegated State to which a grant is made under this 
                subsection may not use grant funds to pay any amount 
                required under section 104(c)(3).</DELETED>
        <DELETED>    ``(9) Certification of use of funds.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 1 year 
                after the date on which a delegated State receives 
                funds under this subsection, and annually thereafter, 
                the Governor of the State shall submit to the 
                Administrator--</DELETED>
                        <DELETED>    ``(i) a certification that the 
                        State has used the funds in accordance with the 
                        requirements of this Act and the National 
                        Contingency Plan; and</DELETED>
                        <DELETED>    ``(ii) information describing the 
                        manner in which the State used the 
                        funds.</DELETED>
                <DELETED>    ``(B) Regulations.--Not later than 1 year 
                after the date of enactment of this section, the 
                Administrator shall issue a regulation describing with 
                particularity the information that a State shall be 
                required to provide under subparagraph 
                (A)(ii).</DELETED>
<DELETED>    ``(g) Cooperative Agreements.--Nothing in this section 
shall affect the authority of the Administrator under section 104(d)(1) 
to enter into a cooperative agreement with a State, a political 
subdivision of a State, or an Indian tribe to carry out actions under 
section 104.''.</DELETED>
<DELETED>    (b) State Cost Share.--Section 104(c) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(c)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(c)(1) Unless'' and inserting 
        the following:</DELETED>
<DELETED>    ``(c) Miscellaneous Limitations and Requirements.--
</DELETED>
        <DELETED>    ``(1) Continuance of obligations from fund.--
        Unless'';</DELETED>
        <DELETED>    (2) by striking ``(2) The President'' and 
        inserting the following:</DELETED>
        <DELETED>    ``(2) Consultation.--The President''; 
        and</DELETED>
        <DELETED>    (3) by striking paragraph (3) and inserting the 
        following:</DELETED>
        <DELETED>    ``(3) State cost share.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                not provide any remedial action under this section 
                unless the State in which the release occurs first 
                enters into a contract or cooperative agreement with 
                the Administrator providing assurances deemed adequate 
                by the Administrator that the State will pay, in cash 
                or through in-kind contributions, a specified 
                percentage of the costs of the remedial action and 
                operation and maintenance costs.</DELETED>
                <DELETED>    ``(B) Activities with respect to which 
                state cost share is required.--No State cost share 
                shall be required except for remedial actions under 
                section 104.</DELETED>
                <DELETED>    ``(C) Specified percentage.--</DELETED>
                        <DELETED>    ``(i) In general.--The specified 
                        percentage of costs that a State shall be 
                        required to share shall be the lower of 10 
                        percent or the percentage determined under 
                        clause (ii).</DELETED>
                        <DELETED>    ``(ii) Maximum in accordance with 
                        law prior to 1996 amendments.--</DELETED>
                                <DELETED>    ``(I) On petition by a 
                                State, the Director of the Office of 
                                Management and Budget (referred to in 
                                this clause as the `Director'), after 
                                providing public notice and opportunity 
                                for comment, shall establish a cost 
                                share percentage, which shall be 
                                uniform for all facilities in the 
                                State, at the percentage rate at which 
                                the total amount of anticipated 
                                payments by the State under the cost 
                                share for all facilities in the State 
                                for which a cost share is required most 
                                closely approximates the total amount 
                                of estimated cost share payments by the 
                                State for facilities that would have 
                                been required under cost share 
                                requirements that were applicable prior 
                                to the date of enactment of this 
                                subparagraph, adjusted to reflect the 
                                extent to which the State's ability to 
                                recover costs under this Act were 
                                reduced by reason of enactment of 
                                amendments to this Act by the Superfund 
                                Cleanup Acceleration Act of 
                                1997.</DELETED>
                                <DELETED>    ``(II) The Director may 
                                adjust a State's cost share under this 
                                clause not more frequently than every 3 
                                years.</DELETED>
                <DELETED>    ``(D) Indian tribes.--In the case of 
                remedial action to be taken on land or water held by an 
                Indian Tribe, held by the United States in trust for 
                Indians, held by a member of an Indian Tribe (if the 
                land or water is subject to a trust restriction on 
                alienation), or otherwise within the borders of an 
                Indian reservation, the requirements of this paragraph 
                shall not apply.''.</DELETED>
<DELETED>    (c) Uses of Fund.--Section 111(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9611(a)) is amended by inserting after paragraph (6) the 
following:</DELETED>
        <DELETED>    ``(7) Grants to delegated states.--Making a grant 
        to a delegated State under section 130(f).''.</DELETED>
<DELETED>    (d) Relationship to Other Laws.--</DELETED>
        <DELETED>    (1) In general.--Section 114(b) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9614(b)) is amended by 
        striking ``removal'' each place it appears and inserting 
        ``response''.</DELETED>
        <DELETED>    (2) Conforming amendment.--Section 101(37)(B) of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601(37)(B)) is amended by 
        striking ``section 114(c)'' and inserting ``section 
        114(b)''.</DELETED>

         <DELETED>TITLE III--COMMUNITY PARTICIPATION</DELETED>

<DELETED>SEC. 301. COMMUNITY RESPONSE ORGANIZATIONS; TECHNICAL 
              ASSISTANCE GRANTS; IMPROVEMENT OF PUBLIC PARTICIPATION IN 
              THE SUPERFUND DECISIONMAKING PROCESS.</DELETED>

<DELETED>    (a) Amendment.--Section 117 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9617) is amended by striking subsection (e) and inserting the 
following:</DELETED>
<DELETED>    ``(e) Community Response Organizations.--</DELETED>
        <DELETED>    ``(1) Establishment.--The Administrator shall 
        create a community response organization for a facility that is 
        listed or proposed for listing on the National Priorities 
        List--</DELETED>
                <DELETED>    ``(A) if the Administrator determines that 
                a representative public forum will be helpful in 
                promoting direct, regular, and meaningful consultation 
                among persons interested in remedial action at the 
                facility; or</DELETED>
                <DELETED>    ``(B) at the request of--</DELETED>
                        <DELETED>    ``(i) 50 individuals residing in, 
                        or at least 20 percent of the population of, 
                        the area in which the facility is 
                        located;</DELETED>
                        <DELETED>    ``(ii) a representative group of 
                        the potentially responsible parties; 
                        or</DELETED>
                        <DELETED>    ``(iii) any local governmental 
                        entity with jurisdiction over the 
                        facility.</DELETED>
        <DELETED>    ``(2) Responsibilities.--A community response 
        organization shall--</DELETED>
                <DELETED>    ``(A) solicit the views of the local 
                community on various issues affecting the development 
                and implementation of remedial actions at the 
                facility;</DELETED>
                <DELETED>    ``(B) serve as a conduit of information to 
                and from the community to appropriate Federal, State, 
                and local agencies and potentially responsible 
                parties;</DELETED>
                <DELETED>    ``(C) serve as a representative of the 
                local community during the remedial action planning and 
                implementation process; and</DELETED>
                <DELETED>    ``(D) provide reasonable notice of and 
                opportunities to participate in the meetings and other 
activities of the community response organization.</DELETED>
        <DELETED>    ``(3) Access to documents.--The Administrator 
        shall provide a community response organization access to 
        documents in possession of the Federal Government regarding 
        response actions at the facility that do not relate to 
        liability and are not protected from disclosure as confidential 
        business information.</DELETED>
        <DELETED>    ``(4) Community response organization input.--
        </DELETED>
                <DELETED>    ``(A) Consultation.--The Administrator (or 
                if the remedial action plan is being prepared or 
                implemented by a party other than the Administrator, 
                the other party) shall--</DELETED>
                        <DELETED>    ``(i) consult with the community 
                        response organization in developing and 
                        implementing the remedial action plan; 
                        and</DELETED>
                        <DELETED>    ``(ii) keep the community response 
                        organization informed of progress in the 
                        development and implementation of the remedial 
                        action plan.</DELETED>
                <DELETED>    ``(B) Timely submission of comments.--The 
                community response organization shall provide its 
                comments, information, and recommendations in a timely 
                manner to the Administrator (and other 
                party).</DELETED>
                <DELETED>    ``(C) Consensus.--The community response 
                organization shall attempt to achieve consensus among 
                its members before providing comments and 
                recommendations to the Administrator (and other party), 
                but if consensus cannot be reached, the community 
                response organization shall report or allow 
                presentation of divergent views.</DELETED>
        <DELETED>    ``(5) Technical assistance grants.--</DELETED>
                <DELETED>    ``(A) Preferred recipient.--If a community 
                response organization exists for a facility, the 
                community response organization shall be the preferred 
                recipient of a technical assistance grant under 
                subsection (f).</DELETED>
                <DELETED>    ``(B) Prior award.--If a technical 
                assistance grant concerning a facility has been awarded 
                prior to establishment of a community response 
                organization--</DELETED>
                        <DELETED>    ``(i) the recipient of the grant 
                        shall coordinate its activities and share 
                        information and technical expertise with the 
                        community response organization; and</DELETED>
                        <DELETED>    ``(ii) 1 person representing the 
                        grant recipient shall serve on the community 
                        response organization.</DELETED>
        <DELETED>    ``(6) Membership.--</DELETED>
                <DELETED>    ``(A) Number.--The Administrator shall 
                select not less than 15 nor more than 20 persons to 
                serve on a community response organization.</DELETED>
                <DELETED>    ``(B) Notice.--Before selecting members of 
                the community response organization, the Administrator 
                shall provide a notice of intent to establish a 
                community response organization to persons who reside 
                in the local community.</DELETED>
                <DELETED>    ``(C) Represented groups.--The 
                Administrator shall, to the extent practicable, appoint 
                members to the community response organization from 
                each of the following groups of persons:</DELETED>
                        <DELETED>    ``(i) Persons who reside or own 
                        residential property near the 
                        facility;</DELETED>
                        <DELETED>    ``(ii) Persons who, although they 
                        may not reside or own property near the 
                        facility, may be adversely affected by a 
                        release from the facility.</DELETED>
                        <DELETED>    ``(iii) Persons who are members of 
                        the local public health or medical community 
                        and are practicing in the community.</DELETED>
                        <DELETED>    ``(iv) Representatives of Indian 
                        tribes or Indian communities that reside or own 
                        property near the facility or that may be 
                        adversely affected by a release from the 
                        facility.</DELETED>
                        <DELETED>    ``(v) Local representatives of 
                        citizen, environmental, or public interest 
                        groups with members residing in the 
                        community.</DELETED>
                        <DELETED>    ``(vi) Representatives of local 
                        governments, such as city or county 
                        governments, or both, and any other 
                        governmental unit that regulates land use or 
                        land use planning in the vicinity of the 
                        facility.</DELETED>
                        <DELETED>    ``(vii) Members of the local 
                        business community.</DELETED>
                <DELETED>    ``(D) Proportion.--Local residents shall 
                comprise not less than 60 percent of the membership of 
                a community response organization.</DELETED>
                <DELETED>    ``(E) Pay.--Members of a community 
                response organization shall serve without 
                pay.</DELETED>
        <DELETED>    ``(7) Participation by government 
        representatives.--Representatives of the Administrator, the 
        Administrator of the Agency for Toxic Substances and Disease 
        Registry, other Federal agencies, and the State, as 
        appropriate, shall participate in community response 
        organization meetings to provide information and technical 
        expertise, but shall not be members of the community response 
        organization.</DELETED>
        <DELETED>    ``(8) Administrative support.--The Administrator, 
        to the extent practicable, shall provide administrative 
        services and meeting facilities for community response 
        organizations.</DELETED>
        <DELETED>    ``(9) FACA.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to a community response 
        organization.</DELETED>
<DELETED>    ``(f) Technical Assistance Grants.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Affected citizen group.--The term 
                `affected citizen group' means a group of 2 or more 
                individuals who may be affected by the release or 
                threatened release of a hazardous substance, pollutant, 
                or contaminant at any facility on the State Registry or 
                the National Priorities List.</DELETED>
                <DELETED>    ``(B) Technical assistance grant.--The 
                term `technical assistance grant' means a grant made 
                under paragraph (2).</DELETED>
        <DELETED>    ``(2) Authority.--</DELETED>
                <DELETED>    ``(A) In general.--In accordance with a 
                regulation issued by the Administrator, the 
                Administrator may make grants available to affected 
                citizen groups.</DELETED>
                <DELETED>    ``(B) Availability of application 
                process.--To ensure that the application process for a 
                technical assistance grant is available to all affected 
                citizen groups, the Administrator shall periodically 
                review the process and, based on the review, implement 
                appropriate changes to improve availability.</DELETED>
        <DELETED>    ``(3) Special rules.--</DELETED>
                <DELETED>    ``(A) No matching contribution.--No 
                matching contribution shall be required for a technical 
                assistance grant.</DELETED>
                <DELETED>    ``(B) Availability in advance.--The 
                Administrator shall make all or a portion (but not less 
                than $5,000 or 10 percent of the grant amount, 
                whichever is greater) of the grant amount available to 
                a grant recipient in advance of the total expenditures 
                to be covered by the grant.</DELETED>
        <DELETED>    ``(4) Limit per facility.--</DELETED>
                <DELETED>    ``(A) 1 grant per facility.--Not more than 
                1 technical assistance grant may be made with respect 
                to a single facility, but the grant may be renewed to 
                facilitate public participation at all stages of 
                response action.</DELETED>
                <DELETED>    ``(B) Duration.--The Administrator shall 
                set a limit by regulation on the number of years for 
                which a technical assistance grant may be made 
                available based on the duration, type, and extent of 
                response action at a facility.</DELETED>
        <DELETED>    ``(5) Availability for facilities not yet 
        listed.--Subject to paragraph (6), 1 or more technical 
        assistance grants shall be made available to affected citizen 
        groups in communities containing facilities on the State 
        Registry as of the date on which the grant is 
        awarded.</DELETED>
        <DELETED>    ``(6) Funding limit.--</DELETED>
                <DELETED>    ``(A) Percentage of total 
                appropriations.--Not more than 2 percent of the funds 
                made available to carry out this Act for a fiscal year 
                may be used to make technical assistance 
                grants.</DELETED>
                <DELETED>    ``(B) Allocation between listed and 
                unlisted facilities.--Not more than the portion of 
                funds equal to </DELETED>\<DELETED>1/8</DELETED>\ 
                <DELETED>of the total amount of funds used to make 
                technical assistance grants for a fiscal year may be 
                used for technical assistance grants with respect to 
                facilities not listed on the National Priorities 
                List.</DELETED>
        <DELETED>    ``(7) Funding amount.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of a technical assistance 
                grant may not exceed $50,000 for a single grant 
                recipient.</DELETED>
                <DELETED>    ``(B) Increase.--The Administrator may 
                increase the amount of a technical assistance grant, or 
                renew a previous technical assistance grant, up to a 
                total grant amount not exceeding $100,000, to reflect 
                the complexity of the response action, the nature and 
                extent of contamination at the facility, the level of 
                facility activity, projected total needs as requested 
                by the grant recipient, the size and diversity of the 
                affected population, and the ability of the grant 
                recipient to identify and raise funds from other non-
                Federal sources.</DELETED>
        <DELETED>    ``(8) Use of technical assistance grants.--
        </DELETED>
                <DELETED>    ``(A) Permitted use.--A technical 
                assistance grant may be used to obtain technical 
                assistance in interpreting information with regard to--
                </DELETED>
                        <DELETED>    ``(i) the nature of the hazardous 
                        substances located at a facility;</DELETED>
                        <DELETED>    ``(ii) the work plan;</DELETED>
                        <DELETED>    ``(iii) the facility 
                        evaluation;</DELETED>
                        <DELETED>    ``(iv) a proposed remedial action 
                        plan, a remedial action plan, and a final 
                        remedial design for a facility;</DELETED>
                        <DELETED>    ``(v) response actions carried out 
                        at the facility; and</DELETED>
                        <DELETED>    ``(vi) operation and maintenance 
                        activities at the facility.</DELETED>
                <DELETED>    ``(B) Prohibited use.--A technical 
                assistance grant may not be used for the purpose of 
                collecting field sampling data.</DELETED>
        <DELETED>    ``(9) Grant guidelines.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 90 days 
                after the date of enactment of this paragraph, the 
                Administrator shall develop and publish guidelines 
                concerning the management of technical assistance 
                grants by grant recipients.</DELETED>
                <DELETED>    ``(B) Hiring of experts.--A recipient of a 
                technical assistance grant that hires technical experts 
                and other experts shall act in accordance with the 
                guidelines under subparagraph (A).</DELETED>
<DELETED>    ``(g) Improvement of Public Participation in the Superfund 
Decisionmaking Process.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(A) Meetings and notice.--In order to 
                provide an opportunity for meaningful public 
                participation in every significant phase of response 
                activities under this Act, the Administrator shall 
                provide the opportunity for, and publish notice of, 
                public meetings before or during performance of--
                </DELETED>
                        <DELETED>    ``(i) a facility evaluation, as 
                        appropriate;</DELETED>
                        <DELETED>    ``(ii) announcement of a proposed 
                        remedial action plan; and</DELETED>
                        <DELETED>    ``(iii) completion of a final 
                        remedial design.</DELETED>
                <DELETED>    ``(B) Information.--A public meeting under 
                subparagraph (A) shall be designed to obtain 
information from the community, and disseminate information to the 
community, with respect to a facility concerning the Administrator's 
facility activities and pending decisions.</DELETED>
        <DELETED>    ``(2) Participants and subject.--The Administrator 
        shall provide reasonable notice of an opportunity for public 
        participation in meetings in which--</DELETED>
                <DELETED>    ``(A) the participants include Federal 
                officials (or State officials, if the State is 
                conducting response actions under a delegated or 
                authorized program or through facility referral) with 
                authority to make significant decisions affecting a 
                response action, and other persons (unless all of such 
                other persons are coregulators that are not potentially 
                responsible parties or are government contractors); 
                and</DELETED>
                <DELETED>    ``(B) the subject of the meeting involves 
                discussions directly affecting--</DELETED>
                        <DELETED>    ``(i) a legally enforceable work 
                        plan document, or any significant amendment to 
                        the document, for a removal, facility 
                        evaluation, proposed remedial action plan, 
                        final remedial design, or remedial action for a 
                        facility on the National Priorities List; 
                        or</DELETED>
                        <DELETED>    ``(ii) the final record of 
                        information on which the Administrator will 
                        base a hazard ranking system score for a 
                        facility.</DELETED>
        <DELETED>    ``(3) Limitation.--Nothing in this subsection 
        shall be construed--</DELETED>
                <DELETED>    ``(A) to provide for public participation 
                in or otherwise affect any negotiation, meeting, or 
                other discussion that concerns only the potential 
                liability or settlement of potential liability of any 
                person, whether prior to or following the commencement 
                of litigation or administrative enforcement 
                action;</DELETED>
                <DELETED>    ``(B) to provide for public participation 
                in or otherwise affect any negotiation, meeting, or 
                other discussion that is attended only by 
                representatives of the United States (or of a 
                department, agency, or instrumentality of the United 
                States) with attorneys representing the United States 
                (or of a department, agency, or instrumentality of the 
                United States); or</DELETED>
                <DELETED>    ``(C) to waive, compromise, or affect any 
                privilege that may be applicable to a communication 
                related to an activity described in subparagraph (A) or 
                (B).</DELETED>
        <DELETED>    ``(4) Evaluation.--</DELETED>
                <DELETED>    ``(A) In general.--To the extent 
                practicable, before and during the facility evaluation, 
                the Administrator shall solicit and evaluate concerns, 
                interests, and information from the 
                community.</DELETED>
                <DELETED>    ``(B) Procedure.--An evaluation under 
                subparagraph (A) shall include, as appropriate--
                </DELETED>
                        <DELETED>    ``(i) face-to-face community 
                        surveys to identify the location of private 
                        drinking water wells, historic and current or 
                        potential use of water, and other environmental 
                        resources in the community;</DELETED>
                        <DELETED>    ``(ii) a public meeting;</DELETED>
                        <DELETED>    ``(iii) written responses to 
                        significant concerns; and</DELETED>
                        <DELETED>    ``(iv) other appropriate 
                        participatory activities.</DELETED>
        <DELETED>    ``(5) Views and preferences.--</DELETED>
                <DELETED>    ``(A) Solicitation.--During the facility 
                evaluation, the Administrator (or other person 
                performing the facility evaluation) shall solicit the 
views and preferences of the community on the remediation and 
disposition of hazardous substances or pollutants or contaminants at 
the facility.</DELETED>
                <DELETED>    ``(B) Consideration.--The views and 
                preferences of the community shall be described in the 
                facility evaluation and considered in the screening of 
                remedial alternatives for the facility.</DELETED>
        <DELETED>    ``(6) Alternatives.--Members of the community may 
        propose remedial action alternatives, and the Administrator 
        shall consider such alternatives in the same manner as the 
        Administrator considers alternatives proposed by potentially 
        responsible parties.</DELETED>
        <DELETED>    ``(7) Information.--</DELETED>
                <DELETED>    ``(A) The community.--The Administrator, 
                with the assistance of the community response 
                organization under subsection (g) if there is one, 
                shall provide information to the community and seek 
                comment from the community throughout all significant 
                phases of the response action at the 
                facility.</DELETED>
                <DELETED>    ``(B) Technical staff.--The Administrator 
                shall ensure that information gathered from the 
                community during community outreach efforts reaches 
                appropriate technical staff in a timely and effective 
                manner.</DELETED>
                <DELETED>    ``(C) Responses.--The Administrator shall 
                ensure that reasonable written or other appropriate 
                responses will be made to such information.</DELETED>
        <DELETED>    ``(8) Nonprivileged information.--Throughout all 
        phases of response action at a facility, the Administrator 
        shall make all nonprivileged information relating to a facility 
        available to the public for inspection and copying without the 
        need to file a formal request, subject to reasonable service 
        charges as appropriate.</DELETED>
        <DELETED>    ``(9) Presentation.--</DELETED>
                <DELETED>    ``(A) Documents.--</DELETED>
                        <DELETED>    ``(i) In general.--The 
                        Administrator, in carrying out responsibilities 
                        under this Act, shall ensure that the 
                        presentation of information on risk is complete 
                        and informative.</DELETED>
                        <DELETED>    ``(ii) Risk.--To the extent 
                        feasible, documents prepared by the 
                        Administrator and made available to the public 
                        that purport to describe the degree of risk to 
                        human health shall be consistent with the risk 
                        communication principles outlined in section 
                        131(c).</DELETED>
                <DELETED>    ``(B) Comparisons.--The Administrator, in 
                carrying out responsibilities under this Act, shall 
                provide comparisons of the level of risk from hazardous 
                substances found at the facility to comparable levels 
                of risk from those hazardous substances ordinarily 
                encountered by the general public through other sources 
                of exposure.</DELETED>
        <DELETED>    ``(10) Requirements.--</DELETED>
                <DELETED>    ``(A) Lengthy removal actions.--
                Notwithstanding any other provision of this subsection, 
                in the case of a removal action taken in accordance 
                with section 104 that is expected to require more than 
                180 days to complete, and in any case in which 
                implementation of a removal action is expected to 
                obviate or that in fact obviates the need to conduct a 
                long-term remedial action--</DELETED>
                        <DELETED>    ``(i) the Administrator shall, to 
                        the maximum extent practicable, allow for 
                        public participation consistent with paragraph 
                        (1); and</DELETED>
                        <DELETED>    ``(ii) the removal action shall 
                        achieve the goals of protecting human health 
                        and the environment in accordance with section 
                        121(a)(1).</DELETED>
                <DELETED>    ``(B) Other removal actions.--In the case 
                of all other removal actions, the Administrator may 
                provide the community with notice of the anticipated 
                removal action and a public comment period, as 
                appropriate.''.</DELETED>
<DELETED>    (b) Issuance of Guidelines.--The Administrator of the 
Environmental Protection Agency shall issue guidelines under section 
117(e)(9) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as added by subsection (a), not later than 
90 days after the date of enactment of this Act.</DELETED>

       <DELETED>TITLE IV--SELECTION OF REMEDIAL ACTIONS</DELETED>

<DELETED>SEC. 401. DEFINITIONS.</DELETED>

<DELETED>    Section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as amended by 
section 105(a)) is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(41) Actual or planned or reasonably anticipated 
        future use of the land and water resources.--The term `actual 
        or planned or reasonably anticipated future use of the land and 
        water resources' means--</DELETED>
                <DELETED>    ``(A) the actual use of the land, surface 
                water, and ground water at a facility on the date of 
                submittal of the proposed remedial action plan; 
                and</DELETED>
                <DELETED>    ``(B)(i) with respect to land--</DELETED>
                        <DELETED>    ``(I) the use of land that is 
                        authorized by the zoning or land use decisions 
                        formally adopted, at or prior to the time of 
                        the initiation of the facility evaluation, by 
                        the local land use planning authority for a 
                        facility and the land immediately adjacent to 
                        the facility; and</DELETED>
                        <DELETED>    ``(II) any other reasonably 
                        anticipated use that the local land use 
                        authority, in consultation with the community 
                        response organization (if any), determines to 
                        have a substantial probability of occurring 
                        based on recent (as of the time of the 
                        determination) development patterns in the area 
                        in which the facility is located and on 
                        population projections for the area; 
                        and</DELETED>
                <DELETED>    ``(ii) with respect to water resources, 
                the future use of the surface water and ground water 
                that is potentially affected by releases from a 
                facility that is reasonably anticipated, by the 
                governmental unit that regulates surface or ground 
                water use or surface or ground water use planning in 
                the vicinity of the facility, on the date of submission 
                of the proposed remedial action plan.</DELETED>
        <DELETED>    ``(42) Sustainability.--The term 
        `sustainability'', for the purpose of section 121(a)(1)(B)(ii), 
        means the ability of an ecosystem to continue to function 
        within the normal range of its variability absent the effects 
        of a release of a hazardous substance.''.</DELETED>

<DELETED>SEC. 402. SELECTION AND IMPLEMENTATION OF REMEDIAL 
              ACTIONS.</DELETED>

<DELETED>    Section 121 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9621) is amended--
</DELETED>
        <DELETED>    (1) by striking the section heading and 
        subsections (a) and (b) and inserting the following:</DELETED>

<DELETED>``SEC. 121. SELECTION AND IMPLEMENTATION OF REMEDIAL 
              ACTIONS.</DELETED>

<DELETED>    ``(a) General Rules.--</DELETED>
        <DELETED>    ``(1) Selection of cost-effective remedial action 
        that protects human health and the environment.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                select a cost-effective remedial action that achieves 
                the goals of protecting human health and the 
                environment as stated in subparagraph (B), and complies 
                with other applicable Federal and State laws in 
                accordance with subparagraph (C) on the basis of a 
                facility-specific risk evaluation in accordance with 
                section 131 and in accordance with the criteria stated 
                in subparagraph (D) and the requirements of paragraph 
                (2).</DELETED>
                <DELETED>    ``(B) Goals of protecting human health and 
                the environment.--</DELETED>
                        <DELETED>    ``(i) Protection of human 
                        health.--A remedial action shall be considered 
                        to protect human health if, considering the 
                        expected exposures associated with the actual 
                        or planned or reasonably anticipated future use 
                        of the land and water resources and on the 
                        basis of a facility-specific risk evaluation in 
                        accordance with section 131, the remedial 
                        action achieves a residual risk--</DELETED>
                                <DELETED>    ``(I) from exposure to 
                                nonthreshold carcinogenic hazardous 
                                substances, pollutants, or contaminants 
                                such that cumulative lifetime 
                                additional cancer from exposure to 
                                hazardous substances from releases at 
                                the facility range from 10<SUP>-4</SUP> 
                                to 10<SUP>-6</SUP> for the affected 
                                population; and</DELETED>
                                <DELETED>    ``(II) from exposure to 
                                threshold carcinogenic and  
                                noncarcinogenic hazardous substances, 
                                pollutants, or contaminants at the 
                                facility, that does not exceed a hazard 
                                index of 1.</DELETED>
                        <DELETED>    ``(ii) Protection of the 
                        environment.--A remedial action shall be 
                        considered to be protective of the environment 
                        if the remedial action--</DELETED>
                                <DELETED>    ``(I) protects ecosystems 
                                from significant threats to their 
                                sustainability arising from exposure to 
                                releases of hazardous substances at a 
                                site; and</DELETED>
                                <DELETED>    ``(II) does not cause a 
                                greater threat to the sustainability of 
                                ecosystems than a release of a 
                                hazardous substance.</DELETED>
                        <DELETED>    ``(iii) Protection of ground 
                        water.--A remedial action shall prevent or 
                        eliminate any actual human ingestion of 
                        drinking water containing any hazardous 
                        substance from the release at levels--
                        </DELETED>
                                <DELETED>    ``(I) in excess of the 
                                maximum contaminant level established 
                                under the Safe Drinking Water Act (42 
                                U.S.C. 300f et seq.); or</DELETED>
                                <DELETED>    ``(II) if no such maximum 
                                contaminant level has been established 
                                for the hazardous substance, at levels 
                                that meet the goals for protection of 
                                human health under clause 
                                (i).</DELETED>
                <DELETED>    ``(C) Compliance with federal and state 
                laws.--</DELETED>
                        <DELETED>    ``(i) Substantive requirements.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--Subject 
                                to clause (iii) and subparagraphs (A) 
                                and (D) and paragraph (2), a remedial 
                                action shall--</DELETED>
                                        <DELETED>    ``(aa) comply with 
                                        the substantive requirements of 
                                        all promulgated standards, 
                                        requirements, criteria, and 
                                        limitations under each Federal 
                                        law and each State law relating 
                                        to the environment or to the 
                                        siting of facilities (including 
                                        a State law that imposes a more 
                                        stringent standard, 
                                        requirement, criterion, or 
                                        limitation than Federal law) 
                                        that is applicable to the 
                                        conduct or operation of the 
                                        remedial action or to 
                                        determination of the level of 
                                        cleanup for remedial actions; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) comply with 
                                        or attain any other promulgated 
                                        standard, requirement, 
                                        criterion, or limitation under 
                                        any State law relating to the 
                                        environment or siting of 
                                        facilities, as determined by 
                                        the State, after the date of 
                                        enactment of the Superfund 
                                        Cleanup Acceleration Act of 
                                        1997, through a rulemaking 
                                        procedure that includes public 
                                        notice, comment, and written 
                                        response comment, and 
                                        opportunity for judicial 
                                        review, but only if the State 
                                        demonstrates that the standard, 
                                        requirement, criterion, or 
                                        limitation is of general 
                                        applicability and is 
                                        consistently applied to 
                                        remedial actions under State 
                                        law.</DELETED>
                                <DELETED>    ``(II) Identification of 
                                facilities.--Compliance with a State 
                                standard, requirement, criterion, or 
                                limitation described in subclause (I) 
                                shall be required at a facility only if 
                                the standard, requirement, criterion, 
                                or limitation has been identified by 
                                the State to the Administrator in a 
                                timely manner as being applicable to 
                                the facility.</DELETED>
                                <DELETED>    ``(III) Published lists.--
                                Each State shall publish a 
                                comprehensive list of the standards, 
                                requirements, criteria, and limitations 
                                that the State may apply to remedial 
                                actions under this Act, and shall 
                                revise the list periodically, as 
                                requested by the 
                                Administrator.</DELETED>
                                <DELETED>    ``(IV) Contaminated 
                                media.--Compliance with this clause 
                                shall not be required with respect to 
                                return, replacement, or disposal of 
                                contaminated media or residuals of 
                                contaminated media into the same media 
                                in or very near then-existing areas of 
                                contamination onsite at a 
                                facility.</DELETED>
                        <DELETED>    ``(ii) Procedural requirements.--
                        Procedural requirements of Federal and State 
                        standards, requirements, criteria, and 
                        limitations (including permitting requirements) 
                        shall not apply to response actions conducted 
                        onsite at a facility.</DELETED>
                        <DELETED>    ``(iii) Waiver provisions.--
                        </DELETED>
                                <DELETED>    ``(I) Determination by the 
                                president.--The Administrator shall 
                                evaluate and determine if it is not 
                                appropriate for a remedial action to 
                                attain a Federal or State standard, 
                                requirement, criterion, or limitation 
                                as required by clause (i).</DELETED>
                                <DELETED>    ``(II) Selection of 
                                remedial action that does not comply.--
                                The Administrator may select a remedial 
                                action at a facility that meets the 
                                requirements of subparagraph (B) but 
                                does not comply with or attain a 
                                Federal or State standard, requirement, 
                                criterion, or limitation described in 
                                clause (i) if the Administrator makes 
                                any of the following 
                                findings:</DELETED>
                                        <DELETED>    ``(aa) Improper 
                                        identification.--The standard, 
                                        requirement, criterion, or 
                                        limitation, which was 
                                        improperly identified as an 
                                        applicable requirement under 
                                        clause (i)(I)(aa), fails to 
                                        comply with the rulemaking 
                                        requirements of clause 
                                        (i)(I)(bb).</DELETED>
                                        <DELETED>    ``(bb) Part of 
                                        remedial action.--The selected 
                                        remedial action is only part of 
                                        a total remedial action that 
                                        will comply with or attain the 
                                        applicable requirements of 
                                        clause (i) when the total 
                                        remedial action is 
                                        completed.</DELETED>
                                        <DELETED>    ``(cc) Greater 
                                        risk.--Compliance with or 
                                        attainment of the standard, 
                                        requirement, criterion, or 
                                        limitation at the facility will 
                                        result in greater risk to human 
                                        health or the environment than 
                                        alternative options.</DELETED>
                                        <DELETED>    ``(dd) Technically 
                                        impracticability.--Compliance 
                                        with or attainment of the 
                                        standard, requirement, 
                                        criterion, or limitation is 
                                        technically 
                                        impracticable.</DELETED>
                                        <DELETED>    ``(ee) Equivalent 
                                        to standard of performance.--
                                        The selected remedial action 
                                        will attain a standard of 
                                        performance that is equivalent 
                                        to that required under a 
                                        standard, requirement, 
                                        criterion, or limitation 
                                        described in clause (i) through 
                                        use of another 
                                        approach.</DELETED>
                                        <DELETED>    ``(ff) 
                                        Inconsistent application.--With 
                                        respect to a State standard, 
                                        requirement, criterion, 
                                        limitation, or level, the State 
                                        has not consistently applied 
                                        (or demonstrated the intention 
                                        to apply consistently) the 
                                        standard, requirement, 
                                        criterion, or limitation or 
                                        level in similar circumstances 
                                        to other remedial actions in 
                                        the State.</DELETED>
                                        <DELETED>    ``(gg) Balance.--
                                        In the case of a remedial 
                                        action to be undertaken under 
                                        section 104 or 136 using 
                                        amounts from the Fund, a 
                                        selection of a remedial action 
                                        that complies with or attains a 
                                        standard, requirement, 
                                        criterion, or limitation 
                                        described in clause (i) will 
                                        not provide a balance between 
                                        the need for protection of 
                                        public health and welfare and 
                                        the environment at the 
                                        facility, and the need to make 
                                        amounts from the Fund available 
                                        to respond to other facilities 
                                        that may present a threat to 
                                        public health or welfare or the 
                                        environment, taking into 
                                        consideration the relative 
                                        immediacy of the threats 
                                        presented by the various 
                                        facilities.</DELETED>
                                <DELETED>    ``(III) Publication.--The 
                                Administrator shall publish any 
                                findings made under subclause (II), 
                                including an explanation and 
                                appropriate documentation.</DELETED>
                <DELETED>    ``(D) Remedy selection criteria.--In 
                selecting a remedial action from among alternatives 
                that achieve the goals stated in subparagraph (B) 
                pursuant to a facility-specific risk evaluation in 
                accordance with section 131, the Administrator shall 
                balance the following factors, ensuring that no single 
                factor predominates over the others:</DELETED>
                        <DELETED>    ``(i) The effectiveness of the 
                        remedy in protecting human health and the 
                        environment.</DELETED>
                        <DELETED>    ``(ii) The reliability of the 
                        remedial action in achieving the protectiveness 
                        standards over the long term.</DELETED>
                        <DELETED>    ``(iii) Any short-term risk to the 
                        affected community, those engaged in the 
                        remedial action effort, and to the environment 
                        posed by the implementation of the remedial 
                        action.</DELETED>
                        <DELETED>    ``(iv) The acceptability of the 
                        remedial action to the affected 
                        community.</DELETED>
                        <DELETED>    ``(v) The implementability and 
                        technical feasibility of the remedial action 
                        from an engineering perspective.</DELETED>
                        <DELETED>    ``(vi) The reasonableness of the 
                        cost.</DELETED>
        <DELETED>    ``(2) Technical impracticability.--</DELETED>
                <DELETED>    ``(A) Minimization of risk.--If the 
                Administrator, after reviewing the remedy selection 
                criteria stated in paragraph (1)(D), finds that 
                achieving the goals stated in paragraph (1)(B) is 
                technically impracticable, the Administrator shall 
                evaluate remedial measures that mitigate the risks to 
                human health and the environment and select a 
                technically practicable remedial action that will most 
                closely achieve the goals stated in paragraph (1) 
                through cost-effective means.</DELETED>
                <DELETED>    ``(B) Basis for finding.--A finding of 
                technical impracticability may be made on the basis of 
                a determination, supported by appropriate 
                documentation, that, at the time at which the finding 
                is made--</DELETED>
                        <DELETED>    ``(i) there is no known reliable 
                        means of achieving at a reasonable cost the 
                        goals stated in paragraph (1)(B); and</DELETED>
                        <DELETED>    ``(ii) it has not been shown that 
                        such a means is likely to be developed within a 
                        reasonable period of time.</DELETED>
        <DELETED>    ``(3) Presumptive remedial actions.--A remedial 
        action that implements a presumptive remedial action issued 
        under section 132 shall be considered to achieve the goals 
        stated in paragraph (1)(B) and balance adequately the factors 
        stated in paragraph (1)(D).</DELETED>
        <DELETED>    ``(4) Ground water.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator or 
                the preparer of the remedial action plan shall select a 
                cost effective remedial action for ground water that 
                achieves the goals of protecting human health and the 
                environment as stated in paragraph (1)(B) and with the 
                requirements of this paragraph, and complies with other 
                applicable Federal and State laws in accordance with 
                subparagraph (C) on the basis of a facility-specific 
                risk evaluation in accordance with section 131 and in 
                accordance with the criteria stated in subparagraph (D) 
                and the requirements of paragraph (2). If appropriate, 
                a remedial action for ground water shall be phased, 
                allowing collection of sufficient data to evaluate the 
                effect of any other remedial action taken at the site 
                and to determine the appropriate scope of the remedial 
                action.</DELETED>
                <DELETED>    ``(B) Considerations for ground water 
                remedial action.--A decision regarding a remedial 
                action for ground water shall take into consideration--
                </DELETED>
                        <DELETED>    ``(i) the actual or planned or 
                        reasonably anticipated future use of ground 
                        water and the timing of that use; and</DELETED>
                        <DELETED>    ``(ii) any attenuation or 
                        biodegradation that would occur if no remedial 
                        action were taken.</DELETED>
                <DELETED>    ``(C) Uncontaminated ground water.--A 
                remedial action shall protect uncontaminated ground 
water that is suitable for use as drinking water by humans or livestock 
if the water is uncontaminated and suitable for such use at the time of 
submission of the proposed remedial action plan. A remedial action to 
protect uncontaminated ground water may utilize natural attenuation 
(which may include dilution or dispersion, but in conjunction with 
biodegradation or other levels of attenuation necessary to facilitate 
the remediation of contaminated ground water) so long as the remedial 
action does not interfere with the actual or planned or reasonably 
anticipated future use of the uncontaminated ground water.</DELETED>
                <DELETED>    ``(D) Contaminated ground water.--
                </DELETED>
                        <DELETED>    ``(i) In general.--In the case of 
                        contaminated ground water for which the actual 
                        or planned or reasonably anticipated future use 
                        of the resource is as drinking water for humans 
                        or livestock, if the Administrator determines 
                        that restoration of some portion of the 
                        contaminated ground water to a condition 
                        suitable for the use is technically 
                        practicable, the Administrator shall seek to 
                        restore the ground water to a condition 
                        suitable for the use.</DELETED>
                        <DELETED>    ``(ii) Determination of 
                        restoration practicability.--In making a 
                        determination regarding the technical 
                        practicability of ground water restoration--
                        </DELETED>
                                <DELETED>    ``(I) there shall be no 
                                presumption of the technical 
                                practicability; and</DELETED>
                                <DELETED>    ``(II) the determination 
                                of technical practicability shall, to 
                                the extent practicable, be made on the 
                                basis of projections, modeling, or 
                                other analysis on a site-specific basis 
                                without a requirement for the 
                                construction or installation and 
                                operation of a remedial 
                                action.</DELETED>
                        <DELETED>    ``(iii) Determination of need for 
                        and methods of restoration.--In making a 
                        determination and selecting a remedial action 
                        regarding restoration of contaminated ground 
                        water the Administrator shall take into 
                        account--</DELETED>
                                <DELETED>    ``(I) the ability to 
                                substantially accelerate the 
                                availability of ground water for use as 
                                drinking water beyond the rate 
                                achievable by natural attenuation; 
                                and</DELETED>
                                <DELETED>    ``(II) the nature and 
                                timing of the actual or planned or 
                                reasonably anticipated use of such 
                                ground water.</DELETED>
                        <DELETED>    ``(iv) Restoration technically 
                        impracticable.--</DELETED>
                                <DELETED>    ``(I) In general.--A 
                                remedial action for contaminated ground 
                                water having an actual or planned or 
                                reasonably anticipated future use as a 
                                drinking water source for humans or 
                                livestock for which attainment of the 
                                levels described in paragraph 
                                (1)(B)(iii) is technically 
                                impracticable shall be selected in 
                                accordance with paragraph 
                                (1)(D)(2).</DELETED>
                                <DELETED>    ``(II) No ingestion.--
                                Selected remedies may rely on point-of-
                                use treatment or other measures to 
                                ensure that there will be no ingestion 
                                of drinking water at levels exceeding 
                                the requirement of paragraph 
                                (1)(B)(iii) (I) or (II).</DELETED>
                                <DELETED>    ``(III) Inclusion as part 
                                of operation and maintenance.--The 
                                operation and maintenance of any 
                                treatment device installed at the point 
                                of use shall be included as part of the 
                                operation and maintenance of the 
                                remedy.</DELETED>
                <DELETED>    ``(E) Ground water not suitable for use as 
                drinking water.--Notwithstanding any other evaluation 
                or determination of the potential suitability of ground 
                water for drinking water use, ground water that is not 
                suitable for use as drinking water by humans or 
                livestock because of naturally occurring conditions, or 
                is so contaminated by the effects of broad-scale human 
                activity unrelated to a specific facility or release 
                that restoration of drinking water quality is 
                technically impracticable or is physically incapable of 
                yielding a quantity of 150 gallons per day of water to 
                a well or spring, shall be considered to be not 
                suitable for use as drinking water.</DELETED>
                <DELETED>    ``(F) Other ground water.--Remedial action 
                for contaminated ground water (other than ground water 
                having an actual or planned or reasonably anticipated 
                future use as a drinking water source for humans or 
                livestock) shall attain levels appropriate for the 
                then-current or reasonably anticipated future use of 
                the ground water, or levels appropriate considering the 
                then-current use of any ground water or surface water 
                to which the contaminated ground water 
                discharges.</DELETED>
        <DELETED>    ``(5) Other considerations applicable to remedial 
        actions.--A remedial action that uses institutional and 
        engineering controls shall be considered to be on an equal 
        basis with all other remedial action alternatives.'';</DELETED>
        <DELETED>    (2) by redesignating subsection (c) as subsection 
        (b);</DELETED>
        <DELETED>    (3) by striking subsection (d); and</DELETED>
        <DELETED>    (4) by redesignating subsections (e) and (f) as 
        subsections (c) and (d), respectively.</DELETED>

<DELETED>SEC. 403. REMEDY SELECTION METHODOLOGY.</DELETED>

<DELETED>    Title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as 
amended by section 201(a)) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 131. FACILITY-SPECIFIC RISK EVALUATIONS.</DELETED>

<DELETED>    ``(a) Uses.--</DELETED>
        <DELETED>    ``(1) In general.--A facility-specific risk 
        evaluation shall be used to--</DELETED>
                <DELETED>    ``(A) identify the significant components 
                of potential risk posed by a facility;</DELETED>
                <DELETED>    ``(B) screen out potential contaminants, 
                areas, or exposure pathways from further study at a 
                facility;</DELETED>
                <DELETED>    ``(C) compare the relative protectiveness 
                of alternative potential remedies proposed for a 
                facility; and</DELETED>
                <DELETED>    ``(D) demonstrate that the remedial action 
                selected for a facility is capable of protecting human 
                health and the environment considering the actual or 
                planned or reasonably anticipated future use of the 
                land and water resources.</DELETED>
        <DELETED>    ``(2) Compliance with principles.--A facility-
        specific risk evaluation shall comply with the principles 
        stated in this section to ensure that--</DELETED>
                <DELETED>    ``(A) actual or planned or reasonably 
                anticipated future use of the land and water resources 
                is given appropriate consideration; and</DELETED>
                <DELETED>    ``(B) all of the components of the 
                evaluation are, to the maximum extent practicable, 
                scientifically objective and inclusive of all relevant 
                data.</DELETED>
<DELETED>    ``(b) Risk Evaluation Principles.--A facility-specific 
risk evaluation shall--</DELETED>
        <DELETED>    ``(1) be based on actual information or scientific 
        estimates of exposure considering the actual or planned or 
        reasonably anticipated future use of the land and water 
        resources to the extent that substituting such estimates for 
        those made using standard assumptions alters the basis for 
        decisions to be made;</DELETED>
        <DELETED>    ``(2) be comprised of components each of which is, 
        to the maximum extent practicable, scientifically objective, 
        and inclusive of all relevant data;</DELETED>
        <DELETED>    ``(3) use chemical and facility-specific data and 
        analysis (such as bioavailability, exposure, and fate and 
        transport evaluations) in preference to default assumptions 
        when--</DELETED>
                <DELETED>    ``(A) such data and analysis are likely to 
                vary by facility; and</DELETED>
                <DELETED>    ``(B) facility-specific risks are to be 
                communicated to the public or the use of such data and 
                analysis alters the basis for decisions to be made; 
                and</DELETED>
        <DELETED>    ``(4) use a range and distribution of realistic 
        and scientifically supportable assumptions when chemical and 
        facility-specific data are not available, if the use of such 
        assumptions would communicate more accurately the consequences 
        of the various decision options.</DELETED>
<DELETED>    ``(c) Risk Communication Principles.--The document 
reporting the results of a facility-specific risk evaluation shall--
</DELETED>
        <DELETED>    ``(1) contain an explanation that clearly 
        communicates the risks at the facility;</DELETED>
        <DELETED>    ``(2) identify and explain all assumptions used in 
        the evaluation, any alternative assumptions that, if made, 
        could materially affect the outcome of the evaluation, the 
        policy or value judgments used in choosing the assumptions, and 
        whether empirical data conflict with or validate the 
        assumptions;</DELETED>
        <DELETED>    ``(3) present--</DELETED>
                <DELETED>    ``(A) a range and distribution of exposure 
                and risk estimates, including, if numerical estimates 
                are provided, central estimates of exposure and risk 
                using--</DELETED>
                        <DELETED>    ``(i) the most scientifically 
                        supportable assumptions or a weighted 
                        combination of multiple assumptions based on 
                        different scenarios; or</DELETED>
                        <DELETED>    ``(ii) any other methodology 
                        designed to characterize the most 
                        scientifically supportable estimate of risk 
                        given the information that is available at the 
                        time of the facility-specific risk evaluation; 
                        and</DELETED>
                <DELETED>    ``(B) a statement of the nature and 
                magnitude of the scientific and other uncertainties 
                associated with those estimates;</DELETED>
        <DELETED>    ``(4) state the size of the population potentially 
        at risk from releases from the facility and the likelihood that 
        potential exposures will occur based on the actual or planned 
        or reasonably anticipated future use of the land and water 
        resources; and</DELETED>
        <DELETED>    ``(5) compare the risks from the facility to other 
        risks commonly experienced by members of the local community in 
        their daily lives and similar risks regulated by the Federal 
        Government.</DELETED>
<DELETED>    ``(d) Regulations.--Not later than 18 months after the 
date of enactment of this section, the Administrator shall issue a 
final regulation implementing this section that promotes a realistic 
characterization of risk that neither minimizes nor exaggerates the 
risks and potential risks posed by a facility or a proposed remedial 
action.</DELETED>

<DELETED>``SEC. 132. PRESUMPTIVE REMEDIAL ACTIONS.</DELETED>

<DELETED>    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, the Administrator shall issue a final 
regulation establishing presumptive remedial actions for commonly 
encountered types of facilities with reasonably well understood 
contamination problems and exposure potential.</DELETED>
<DELETED>    ``(b) Practicability and Cost-Effectiveness.--Such 
presumptive remedies must have been demonstrated to be technically 
practicable and cost-effective methods of achieving the goals of 
protecting human health and the environment stated in section 
121(a)(1)(B).</DELETED>
<DELETED>    ``(c) Variations.--The Administrator may issue various 
presumptive remedial actions based on various uses of land and water 
resources, various environmental media, and various types of hazardous 
substances, pollutants, or contaminants.</DELETED>
<DELETED>    ``(d) Engineering Controls.--Presumptive remedial actions 
are not limited to treatment remedies, but may be based on, or include, 
institutional and standard engineering controls.''.</DELETED>

<DELETED>SEC. 404. REMEDY SELECTION PROCEDURES.</DELETED>

<DELETED>    Title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as 
amended by section 403) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 133. REMEDIAL ACTION PLANNING AND 
              IMPLEMENTATION.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Basic rules.--</DELETED>
                <DELETED>    ``(A) Procedures.--A remedial action with 
                respect to a facility that is listed or proposed for 
                listing on the National Priorities List shall be 
                developed and selected in accordance with the 
                procedures set forth in this section.</DELETED>
                <DELETED>    ``(B) No other procedures or 
                requirements.--The procedures stated in this section 
                are in lieu of any procedures or requirements under any 
                other law to conduct remedial investigations, 
                feasibility studies, record of decisions, remedial 
                designs, or remedial actions.</DELETED>
                <DELETED>    ``(C) Limited review.--In a case in which 
                the potentially responsible parties prepare a remedial 
                action plan, only the work plan, facility evaluation, 
                proposed remedial action plan, and final remedial 
                design shall be subject to review, comment, and 
                approval by the Administrator.</DELETED>
                <DELETED>    ``(D) Designation of potentially 
                responsible parties to prepare work plan, facility 
                evaluation, proposed remedial action, and remedial 
                design and to implement the remedial action plan.--In 
                the case of a facility for which the Administrator is 
                not required to prepare a work plan, facility 
                evaluation, proposed remedial action, and remedial 
                design and implement the remedial action plan--
                </DELETED>
                        <DELETED>    ``(i) if a potentially responsible 
                        party or group of potentially responsible 
                        parties--</DELETED>
                                <DELETED>    ``(I) expresses an 
                                intention to prepare a work plan, 
                                facility evaluation, proposed remedial 
                                action plan, and remedial design and to 
                                implement the remedial action plan (not 
                                including any such expression of 
                                intention that the Administrator finds 
                                is not made in good faith); 
                                and</DELETED>
                                <DELETED>    ``(II) demonstrates that 
                                the potentially responsible party or 
                                group of potentially responsible 
                                parties has the financial resources and 
                                the expertise to perform those 
                                functions,</DELETED>
                        <DELETED>the Administrator shall designate the 
                        potentially responsible party or group of 
                        potentially responsible parties to perform 
                        those functions; and</DELETED>
                        <DELETED>    ``(ii) if more than 1 potentially 
                        responsible party or group of potentially 
                        responsible parties--</DELETED>
                                <DELETED>    ``(I) expresses an 
                                intention to prepare a work plan, 
                                facility evaluation, proposed remedial 
                                action plan, and remedial design and to 
                                implement the remedial action plan (not 
                                including any such expression of 
                                intention that the Administrator finds 
                                is not made in good faith); 
                                and</DELETED>
                                <DELETED>    ``(II) demonstrates that 
                                the potentially responsible parties or 
                                group of potentially responsible 
                                parties has the financial resources and 
                                the expertise to perform those 
                                functions,</DELETED>
                        <DELETED>the Administrator, based on an 
                        assessment of the various parties' comparative 
                        financial resources, technical expertise, and 
                        histories of cooperation with respect to 
                        facilities that are listed on the National 
                        Priorities List, shall designate 1 potentially 
                        responsible party or group of potentially 
                        responsible parties to perform those 
                        functions.</DELETED>
                <DELETED>    ``(E) Approval required at each step of 
                procedure.--No action shall be taken with respect to a 
                facility evaluation, proposed remedial action plan, 
                remedial action plan, or remedial design, respectively, 
                until a work plan, facility evaluation, proposed 
                remedial action plan, and remedial action plan, 
                respectively, have been approved by the 
                Administrator.</DELETED>
                <DELETED>    ``(F) National contingency plan.--The 
                Administrator shall conform the National Contingency 
                Plan regulations to reflect the procedures stated in 
                this section.</DELETED>
        <DELETED>    ``(2) Use of presumptive remedial actions.--
        </DELETED>
                <DELETED>    ``(A) Proposal to use.--In a case in which 
                a presumptive remedial action applies, the 
                Administrator (if the Administrator is conducting the 
                remedial action) or the preparer of the remedial action 
                plan may, after conducting a facility evaluation, 
                propose a presumptive remedial action for the facility, 
                if the Administrator or preparer shows with appropriate 
                documentation that the facility fits the generic 
                classification for which a presumptive remedial action 
                has been issued and performs an engineering evaluation 
                to demonstrate that the presumptive remedial action can 
                be applied at the facility.</DELETED>
                <DELETED>    ``(B) Limitation.--The Administrator may 
                not require a potentially responsible party to 
                implement a presumptive remedial action.</DELETED>
<DELETED>    ``(b) Remedial Action Planning Process.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator or a 
        potentially responsible party shall prepare and implement a 
        remedial action plan for a facility.</DELETED>
        <DELETED>    ``(2) Contents.--A remedial action plan shall 
        consist of--</DELETED>
                <DELETED>    ``(A) the results of a facility 
                evaluation, including any screening analysis performed 
                at the facility;</DELETED>
                <DELETED>    ``(B) a discussion of the potentially 
                viable remedies that are considered to be reasonable 
                under section 121(a), the respective capital costs, 
                operation and maintenance costs, and estimated present 
                worth costs of the remedies, and how the remedies 
                balance the factors stated in section 
                121(a)(1)(D);</DELETED>
                <DELETED>    ``(C) a description of the remedial action 
                to be taken;</DELETED>
                <DELETED>    ``(D) a description of the facility-
                specific risk-based evaluation under section 131 and a 
                demonstration that the selected remedial action will 
                satisfy sections 121(a) and 132; and</DELETED>
                <DELETED>    ``(E) a realistic schedule for conducting 
                the remedial action, taking into consideration 
                facility-specific factors.</DELETED>
        <DELETED>    ``(3) Work plan.--</DELETED>
                <DELETED>    ``(A) In general.--Prior to preparation of 
                a remedial action plan, the preparer shall develop a 
                work plan, including a community information and 
                participation plan, which generally describes how the 
                remedial action plan will be developed.</DELETED>
                <DELETED>    ``(B) Submission.--A work plan shall be 
                submitted to the Administrator, the State, the 
                community response organization, the local library, and 
                any other public facility designated by the 
                Administrator.</DELETED>
                <DELETED>    ``(C) Publication.--The Administrator or 
                other person that prepares a work plan shall publish in 
                a newspaper of general circulation in the area where 
                the facility is located, and post in conspicuous places 
                in the local community, a notice announcing that the 
                work plan is available for review at the local library 
                and that comments concerning the work plan can be 
                submitted to the preparer of the work plan, the 
                Administrator, the State, or the local community 
                response organization.</DELETED>
                <DELETED>    ``(D) Forwarding of comments.--If comments 
                are submitted to the Administrator, the State, or the 
                community response organization, the Administrator, 
                State, or community response organization shall forward 
                the comments to the preparer of the work 
                plan.</DELETED>
                <DELETED>    ``(E) Notice of disapproval.--If the 
                Administrator does not approve a work plan, the 
                Administrator shall--</DELETED>
                        <DELETED>    ``(i) identify to the preparer of 
                        the work plan, with specificity, any 
                        deficiencies in the submission; and</DELETED>
                        <DELETED>    ``(ii) require that the preparer 
                        submit a revised work plan within a reasonable 
                        period of time, which shall not exceed 90 days 
                        except in unusual circumstances, as determined 
                        by the Administrator.</DELETED>
        <DELETED>    ``(4) Facility evaluation.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator (or 
                the preparer of the facility evaluation) shall conduct 
a facility evaluation at each facility to characterize the risk posed 
by the facility by gathering enough information necessary to--
</DELETED>
                        <DELETED>    ``(i) assess potential remedial 
                        alternatives, including ascertaining, to the 
                        degree appropriate, the volume and nature of 
                        the contaminants, their location, potential 
                        exposure pathways and receptors;</DELETED>
                        <DELETED>    ``(ii) discern the actual or 
                        planned or reasonably anticipated future use of 
                        the land and water resources; and</DELETED>
                        <DELETED>    ``(iii) screen out any 
                        uncontaminated areas, contaminants, and 
                        potential pathways from further 
                        consideration.</DELETED>
                <DELETED>    ``(B) Submission.--A draft facility 
                evaluation shall be submitted to the Administrator for 
                approval.</DELETED>
                <DELETED>    ``(C) Publication.--Not later than 30 days 
                after submission, or in a case in which the 
                Administrator is preparing the remedial action plan, 
                after the completion of the draft facility evaluation, 
                the Administrator shall publish in a newspaper of 
                general circulation in the area where the facility is 
                located, and post in conspicuous places in the local 
                community, a notice announcing that the draft facility 
                evaluation is available for review and that comments 
                concerning the evaluation can be submitted to the 
                Administrator, the State, and the community response 
                organization.</DELETED>
                <DELETED>    ``(D) Availability of comments.--If 
                comments are submitted to the Administrator, the State, 
                or the community response organization, the 
                Administrator, State, or community response 
                organization shall make the comments available to the 
                preparer of the facility evaluation.</DELETED>
                <DELETED>    ``(E) Notice of approval.--If the 
                Administrator approves a facility evaluation, the 
                Administrator shall--</DELETED>
                        <DELETED>    ``(i) notify the community 
                        response organization; and</DELETED>
                        <DELETED>    ``(ii) publish in a newspaper of 
                        general circulation in the area where the 
                        facility is located, and post in conspicuous 
                        places in the local community, a notice of 
                        approval.</DELETED>
                <DELETED>    ``(F) Notice of disapproval.--If the 
                Administrator does not approve a facility evaluation, 
                the Administrator shall--</DELETED>
                        <DELETED>    ``(i) identify to the preparer of 
                        the facility evaluation, with specificity, any 
                        deficiencies in the submission; and</DELETED>
                        <DELETED>    ``(ii) require that the preparer 
                        submit a revised facility evaluation within a 
                        reasonable period of time, which shall not 
                        exceed 90 days except in unusual circumstances, 
                        as determined by the Administrator.</DELETED>
        <DELETED>    ``(5) Proposed remedial action plan.--</DELETED>
                <DELETED>    ``(A) Submission.--In a case in which a 
                potentially responsible party prepares a remedial 
                action plan, the preparer shall submit the remedial 
                action plan to the Administrator for approval and 
                provide a copy to the local library.</DELETED>
                <DELETED>    ``(B) Publication.--After receipt of the 
                proposed remedial action plan, or in a case in which 
                the Administrator is preparing the remedial action 
                plan, after the completion of the remedial action plan, 
                the Administrator shall cause to be published in a 
                newspaper of general circulation in the area where the 
                facility is located and posted in other conspicuous 
                places in the local community a notice announcing that 
                the proposed remedial action plan is available for 
                review at the local library and that comments 
                concerning the remedial action plan can be submitted to 
                the Administrator, the State, and the community 
                response organization.</DELETED>
                <DELETED>    ``(C) Availability of comments.--If 
                comments are submitted to a State or the community 
                response organization, the State or community response 
                organization shall make the comments available to the 
                preparer of the proposed remedial action 
                plan.</DELETED>
                <DELETED>    ``(D) Hearing.--The Administrator shall 
                hold a public hearing at which the proposed remedial 
                action plan shall be presented and public comment 
                received.</DELETED>
                <DELETED>    ``(E) Remedy review boards.--</DELETED>
                        <DELETED>    ``(i) Establishment.--Not later 
                        than 60 days after the date of enactment of 
                        this section, the Administrator shall establish 
                        and appoint the members of 1 or more remedy 
                        review boards (referred to in this subparagraph 
                        as a ``remedy review board''), each consisting 
                        of independent technical experts within Federal 
                        and State agencies with responsibility for 
                        remediating contaminated facilities.</DELETED>
                        <DELETED>    ``(ii) Submission of remedial 
                        action plans for review.--Subject to clause 
                        (iii), a proposed remedial action plan prepared 
                        by a potentially responsible party or the 
                        Administrator may be submitted to a remedy 
                        review board at the request of the person 
                        responsible for preparing or implementing the 
                        remedial action plan.</DELETED>
                        <DELETED>    ``(iii) No review.--The 
                        Administrator may preclude submission of a 
                        proposed remedial action plan to a remedy 
                        review board if the Administrator determines 
                        that review by a remedy review board would 
                        result in an unreasonably long delay that would 
                        threaten human health or the 
                        environment.</DELETED>
                        <DELETED>    ``(iv) Recommendations.--Not later 
                        than 180 days after receipt of a request for 
                        review (unless the Administrator, for good 
                        cause, grants additional time), a remedy review 
                        board shall provide recommendations to the 
                        Administrator regarding whether the proposed 
                        remedial action plan is--</DELETED>
                                <DELETED>    ``(I) consistent with the 
                                requirements and standards of section 
                                121(a);</DELETED>
                                <DELETED>    ``(II) technically 
                                feasible or infeasible from an 
                                engineering perspective; and</DELETED>
                                <DELETED>    ``(III) reasonable or 
                                unreasonable in cost.</DELETED>
                        <DELETED>    ``(v) Review by the 
                        administrator.--</DELETED>
                                <DELETED>    ``(I) Consideration of 
                                comments.--In reviewing a proposed 
                                remedial action plan, a remedy review 
                                board shall consider any comments 
                                submitted under subparagraphs (B) and 
                                (D) and shall provide an opportunity 
                                for a meeting, if requested, with the 
                                person responsible for preparing or 
                                implementing the remedial action 
                                plan.</DELETED>
                                <DELETED>    ``(II) Standard of 
                                review.--In determining whether to 
                                approve or disapprove a proposed 
                                remedial action plan, the Administrator 
                                shall give substantial weight to the 
                                recommendations of the remedy review 
                                board.</DELETED>
                <DELETED>    ``(F) Approval.--</DELETED>
                        <DELETED>    ``(i) In general.--The 
                        Administrator shall approve a proposed remedial 
                        action plan if the plan--</DELETED>
                                <DELETED>    ``(I) contains the 
                                information described in section 
                                131(b); and</DELETED>
                                <DELETED>    ``(II) satisfies section 
                                121(a).</DELETED>
                        <DELETED>    ``(ii) Default.--If the 
                        Administrator fails to issue a notice of 
                        disapproval of a proposed remedial action plan 
                        in accordance with subparagraph (G) within 180 
                        days after the proposed plan is submitted, the 
                        plan shall be considered to be approved and its 
                        implementation fully authorized.</DELETED>
                <DELETED>    ``(G) Notice of approval.--If the 
                Administrator approves a proposed remedial action plan, 
                the Administrator shall--</DELETED>
                        <DELETED>    ``(i) notify the community 
                        response organization; and</DELETED>
                        <DELETED>    ``(ii) publish in a newspaper of 
                        general circulation in the area where the 
                        facility is located, and post in conspicuous 
                        places in the local community, a notice of 
                        approval.</DELETED>
                <DELETED>    ``(H) Notice of disapproval.--If the 
                Administrator does not approve a proposed remedial 
                action plan, the Administrator shall--</DELETED>
                        <DELETED>    ``(i) inform the preparer of the 
                        proposed remedial action plan, with 
                        specificity, of any deficiencies in the 
                        submission; and</DELETED>
                        <DELETED>    ``(ii) request that the preparer 
                        submit a revised proposed remedial action plan 
                        within a reasonable time, which shall not 
                        exceed 90 days except in unusual circumstances, 
                        as determined by the Administrator.</DELETED>
                <DELETED>    ``(I) Judicial review.--A recommendation 
                under subparagraph (E)(iv) and the Administrator's 
                review of such a recommendation shall be subject to the 
                limitations on judicial review under section 
                113(h).</DELETED>
        <DELETED>    ``(6) Implementation of remedial action plan.--A 
        remedial action plan that has been approved or is considered to 
        be approved under paragraph (5) shall be implemented in 
        accordance with the schedule set forth in the remedial action 
        plan.</DELETED>
        <DELETED>    ``(7) Remedial design.--</DELETED>
                <DELETED>    ``(A) Submission.--A remedial design shall 
                be submitted to the Administrator, or in a case in 
                which the Administrator is preparing the remedial 
                action plan, shall be completed by the 
                Administrator.</DELETED>
                <DELETED>    ``(B) Publication.--After receipt by the 
                Administrator of (or completion by the Administrator 
                of) the remedial design, the Administrator shall--
                </DELETED>
                        <DELETED>    ``(i) notify the community 
                        response organization; and</DELETED>
                        <DELETED>    ``(ii) cause a notice of 
                        submission or completion of the remedial design 
                        to be published in a newspaper of general 
                        circulation and posted in conspicuous places in 
                        the area where the facility is 
                        located.</DELETED>
                <DELETED>    ``(C) Comment.--The Administrator shall 
                provide an opportunity to the public to submit written 
                comments on the remedial design.</DELETED>
                <DELETED>    ``(D) Approval.--Not later than 90 days 
                after the submission to the Administrator of (or 
                completion by the Administrator of) the remedial 
                design, the Administrator shall approve or disapprove 
                the remedial design.</DELETED>
                <DELETED>    ``(E) Notice of approval.--If the 
                Administrator approves a remedial design, the 
                Administrator shall-- </DELETED>
                        <DELETED>    ``(i) notify the community 
                        response organization; and</DELETED>
                        <DELETED>    ``(ii) publish in a newspaper of 
                        general circulation in the area where the 
                        facility is located, and post in conspicuous 
                        places in the local community, a notice of 
                        approval.</DELETED>
                <DELETED>    ``(F) Notice of disapproval.--If the 
                Administrator disapproves the remedial design, the 
                Administrator shall--</DELETED>
                        <DELETED>    ``(i) identify with specificity 
                        any deficiencies in the submission; 
                        and</DELETED>
                        <DELETED>    ``(ii) allow the preparer 
                        submitting a remedial design a reasonable time 
                        (which shall not exceed 90 days except in 
                        unusual circumstances, as determined by the 
                        Administrator) in which to submit a revised 
                        remedial design.</DELETED>
<DELETED>    ``(c) Enforcement of Remedial Action Plan.--</DELETED>
        <DELETED>    ``(1) Notice of significant deviation.--If the 
        Administrator determines that the implementation of the 
        remedial action plan has deviated significantly from the plan, 
        the Administrator shall provide the implementing party a notice 
        that requires the implementing party, within a reasonable 
        period of time specified by the Administrator, to--</DELETED>
                <DELETED>    ``(A) comply with the terms of the 
                remedial action plan; or</DELETED>
                <DELETED>    ``(B) submit a notice for modifying the 
                plan.</DELETED>
        <DELETED>    ``(2) Failure to comply.--</DELETED>
                <DELETED>    ``(A) Class one administrative penalty.--
                In issuing a notice under paragraph (1), the 
                Administrator may impose a class one administrative 
                penalty consistent with section 109(a).</DELETED>
                <DELETED>    ``(B) Additional enforcement measures.--If 
                the implementing party fails to either comply with the 
                plan or submit a proposed modification, the 
                Administrator may pursue all additional appropriate 
                enforcement measures pursuant to this Act.</DELETED>
<DELETED>    ``(d) Modifications to Remedial Action.--</DELETED>
        <DELETED>    ``(1) Definition.--In this subsection, the term 
        `major modification' means a modification that--</DELETED>
                <DELETED>    ``(A) fundamentally alters the 
                interpretation of site conditions at the 
                facility;</DELETED>
                <DELETED>    ``(B) fundamentally alters the 
                interpretation of sources of risk at the 
                facility;</DELETED>
                <DELETED>    ``(C) fundamentally alters the scope of 
                protection to be achieved by the selected remedial 
                action;</DELETED>
                <DELETED>    ``(D) fundamentally alters the performance 
                of the selected remedial action; or</DELETED>
                <DELETED>    ``(E) delays the completion of the remedy 
                by more than 180 days.</DELETED>
        <DELETED>    ``(2) Major modifications.--</DELETED>
                <DELETED>    ``(A) In general.--If the Administrator or 
                other implementing party proposes a major modification 
                to the plan, the Administrator or other implementing 
                party shall demonstrate that--</DELETED>
                        <DELETED>    ``(i) the major modification 
                        constitutes the most cost-effective remedial 
                        alternative that is technologically feasible 
                        and is not unreasonably costly; and</DELETED>
                        <DELETED>    ``(ii) that the revised remedy 
                        will continue to satisfy section 
                        121(a).</DELETED>
                <DELETED>    ``(B) Notice and comment.--The 
                Administrator shall provide the implementing party, the 
                community response organization, and the local 
                community notice of the proposed major modification and 
                at least 30 days' opportunity to comment on any such 
                proposed modification.</DELETED>
                <DELETED>    ``(C) Prompt action.--At the end of the 
                comment period, the Administrator shall promptly 
                approve or disapprove the proposed modification and 
                order implementation of the modification in accordance 
                with any reasonable and relevant requirements that the 
                Administrator may specify.</DELETED>
        <DELETED>    ``(3) Minor modifications.--Nothing in this 
        section modifies the discretionary authority of the 
        Administrator to make a minor modification of a record of 
        decision or remedial action plan to conform to the best science 
        and engineering, the requirements of this Act, or changing 
        conditions at a facility.''.</DELETED>

<DELETED>SEC. 405. COMPLETION OF PHYSICAL CONSTRUCTION AND 
              DELISTING.</DELETED>

<DELETED>    Title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as 
amended by section 404) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 134. COMPLETION OF PHYSICAL CONSTRUCTION AND 
              DELISTING.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Proposed notice of completion and proposed 
        delisting.--Not later than 180 days after the completion by the 
        Administrator of physical construction necessary to implement a 
        response action at a facility, or not later than 180 days after 
        receipt of a notice of such completion from the implementing 
        party, the Administrator shall publish a notice of completion 
        and proposed delisting of the facility from the National 
        Priorities List in the Federal Register and in a newspaper of 
        general circulation in the area where the facility is 
        located.</DELETED>
        <DELETED>    ``(2) Physical construction.--For the purposes of 
        paragraph (1), physical construction necessary to implement a 
        response action at a facility shall be considered to be 
        complete when--</DELETED>
                <DELETED>    ``(A) construction of all systems, 
                structures, devices, and other components necessary to 
                implement a response action for the entire facility has 
                been completed in accordance with the remedial design 
                plan; or</DELETED>
                <DELETED>    ``(B) no construction, or no further 
                construction, is expected to be undertaken.</DELETED>
        <DELETED>    ``(3) Comments.--The public shall be provided 30 
        days in which to submit comments on the notice of completion 
        and proposed delisting.</DELETED>
        <DELETED>    ``(4) Final notice.--Not later than 60 days after 
        the end of the comment period, the Administrator shall--
        </DELETED>
                <DELETED>    ``(A) issue a final notice of completion 
                and delisting or a notice of withdrawal of the proposed 
                notice until the implementation of the remedial action 
                is determined to be complete; and</DELETED>
                <DELETED>    ``(B) publish the notice in the Federal 
                Register and in a newspaper of general circulation in 
                the area where the facility is located.</DELETED>
        <DELETED>    ``(5) Failure to act.--If the Administrator fails 
        to publish a notice of withdrawal within the 60-day period 
        described in paragraph (4)--</DELETED>
                <DELETED>    ``(A) the remedial action plan shall be 
                deemed to have been completed; and</DELETED>
                <DELETED>    ``(B) the facility shall be delisted by 
                operation of law.</DELETED>
        <DELETED>    ``(6) Effect of delisting.--The delisting of a 
        facility shall have no effect on--</DELETED>
                <DELETED>    ``(A) liability allocation requirements or 
                cost-recovery provisions otherwise provided in this 
                Act;</DELETED>
                <DELETED>    ``(B) any liability of a potentially 
                responsible party or the obligation of any person to 
                provide continued operation and maintenance;</DELETED>
                <DELETED>    ``(C) the authority of the Administrator 
                to make expenditures from the Fund relating to the 
                facility; or</DELETED>
                <DELETED>    ``(D) the enforceability of any consent 
                order or decree relating to the facility.</DELETED>
        <DELETED>    ``(7) Failure to make timely disapproval.--The 
        issuance of a final notice of completion and delisting or of a 
        notice of withdrawal within the time required by subsection 
        (a)(3) constitutes a nondiscretionary duty within the meaning 
        of section 310(a)(2).</DELETED>
<DELETED>    ``(b) Certification.--A final notice of completion and 
delisting shall include a certification by the Administrator that the 
facility has met all of the requirements of the remedial action plan 
(except requirements for continued operation and 
maintenance).</DELETED>
<DELETED>    ``(c) Future Use of a Facility.--</DELETED>
        <DELETED>    ``(1) Facility available for unrestricted use.--
        If, after completion of physical construction, a facility is 
        available for unrestricted use and there is no need for 
        continued operation and maintenance, the potentially 
        responsible parties shall have no further liability under any 
        Federal, State, or local law (including any regulation) for 
        remediation at the facility, unless the Administrator 
        determines, based on new and reliable factual information about 
        the facility, that the facility does not satisfy section 
        121(a).</DELETED>
        <DELETED>    ``(2) Facility not available for any use.--If, 
        after completion of physical construction, a facility is not 
        available for any use or there are continued operation and 
        maintenance requirements that preclude use of the facility, the 
        Administrator shall--</DELETED>
                <DELETED>    ``(A) review the status of the facility 
                every 5 years; and</DELETED>
                <DELETED>    ``(B) require additional remedial action 
                at the facility if the Administrator determines, after 
                notice and opportunity for hearing, that the facility 
                does not satisfy section 121(a).</DELETED>
        <DELETED>    ``(3) Facilities available for restricted use.--
        The Administrator may determine that a facility or portion of a 
        facility is available for restricted use while a response 
        action is under way or after physical construction has been 
        completed. The Administrator shall make a determination that 
        uncontaminated portions of the facility are available for 
        unrestricted use when such use would not interfere with ongoing 
        operations and maintenance activities or endanger human health 
        or the environment.</DELETED>
<DELETED>    ``(d) Operation and Maintenance.--The need to perform 
continued operation and maintenance at a facility shall not delay 
delisting of the facility or issuance of the certification if 
performance of operation and maintenance is subject to a legally 
enforceable agreement, order, or decree.</DELETED>
<DELETED>    ``(e) Change of Use of Facility.--</DELETED>
        <DELETED>    ``(1) Petition.--Any person may petition the 
        Administrator to change the use of a facility described in 
        subsection (c) (2) or (3) from that which was the basis of the 
        remedial action plan.</DELETED>
        <DELETED>    ``(2) Grant.--The Administrator may grant a 
        petition under paragraph (1) if the petitioner agrees to 
        implement any additional remedial actions that the 
        Administrator determines are necessary to continue to satisfy 
        section 121(a), considering the different use of the 
        facility.</DELETED>
        <DELETED>    ``(3) Responsibility for risk.--When a petition 
        has been granted under paragraph (2), the person requesting the 
        change in use of the facility shall be responsible for all risk 
        associated with altering the facility and all costs of 
        implementing any necessary additional remedial 
        actions.''.</DELETED>

<DELETED>SEC. 406. TRANSITION RULES FOR FACILITIES CURRENTLY INVOLVED 
              IN REMEDY SELECTION.</DELETED>

<DELETED>    Title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as 
amended by section 405) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 135. TRANSITION RULES FOR FACILITIES INVOLVED IN REMEDY 
              SELECTION ON DATE OF ENACTMENT.</DELETED>

<DELETED>    ``(a) No Record of Decision.--</DELETED>
        <DELETED>    ``(1) Option.--In the case of a facility or 
        operable unit that, as of the date of enactment of this 
        section, is the subject of a remedial investigation and 
        feasibility study (whether completed or incomplete), the 
        potentially responsible parties or the Administrator may elect 
        to follow the remedial action plan process stated in section 
        133 rather than the remedial investigation and feasibility 
        study and record of decision process under regulations in 
        effect on the date of enactment of this section that would 
        otherwise apply if the requesting party notifies the 
        Administrator and other potentially responsible parties of the 
        election not later than 90 days after the date of enactment of 
        this section.</DELETED>
        <DELETED>    ``(2) Submission of facility evaluation.--In a 
        case in which the potentially responsible parties have or the 
        Administrator has made an election under subsection (a), the 
        potentially responsible parties shall submit the proposed 
        facility evaluation within 180 days after the date on which 
        notice of the election is given.</DELETED>
<DELETED>    ``(b) Remedy Review Boards.--</DELETED>
        <DELETED>    ``(1) Authority.--A remedy review board 
        established under section 133(b)(5)(E) (referred to in this 
        subsection as a `remedy review board') shall have authority to 
        consider a petition under paragraph (3) or (4) of this 
        subsection.</DELETED>
        <DELETED>    ``(2) General procedure.--</DELETED>
                <DELETED>    ``(A) Completion of review.--The review of 
                a petition submitted to a remedy review board under 
                this subsection shall be completed not later than 180 
                days after the receipt of the petition unless the 
                Administrator, for good cause, grants additional 
                time.</DELETED>
                <DELETED>    ``(B) Costs of review.--All reasonable 
                costs incurred by a remedy review board, the 
                Administrator, or a State in conducting a review or 
                evaluating a petition for possible objection shall be 
                borne by the petitioner.</DELETED>
                <DELETED>    ``(C) Decisions.--At the completion of the 
                180-day review period, a remedy review board shall 
                issue a written decision including responses to all 
                comments submitted during the review process with 
                regard to a petition.</DELETED>
                <DELETED>    ``(D) Opportunity for comment and 
                meetings.--In reviewing a petition under this 
                subsection, a remedy review board shall provide an 
                opportunity for all interested parties, including 
                representatives of the State and local community in 
                which the facility is located, to comment on the 
                petition and, if requested, to meet with the remedy 
                review board under this subsection.</DELETED>
                <DELETED>    ``(E) Review by the administrator.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The 
                        Administrator shall have final review of any 
                        decision of a remedy review board under this 
                        subsection.</DELETED>
                        <DELETED>    ``(ii) Standard of review.--In 
                        conducting a review of a decision of a remedy 
                        review board under this subsection, the 
                        Administrator shall accord substantial weight 
                        to the remedy review board's 
                        decision.</DELETED>
                        <DELETED>    ``(iii) Rejection of decision.--
                        Any determination to reject a remedy review 
                        board's decision under this subsection must be 
                        approved by the Administrator or the Assistant 
Administrator for Solid Waste and Emergency Response.</DELETED>
                <DELETED>    ``(F) Judicial review.--A decision of a 
                remedy review board under subparagraph (C) and the 
                Administrator's review of such a decision shall be 
                subject to the limitations on judicial review under 
                section 113(h).</DELETED>
                <DELETED>    ``(G) Calculations of cost savings.--
                </DELETED>
                        <DELETED>    ``(i) In general.--A determination 
                        with respect to relative cost savings and 
                        whether construction has begun shall be based 
                        on operable units or distinct elements or 
                        phases of remediation and not on the entire 
                        record of decision.</DELETED>
                        <DELETED>    ``(ii) Items not to be 
                        considered.--In determining the amount of cost 
                        savings--</DELETED>
                                <DELETED>    ``(I) there shall not be 
                                taken into account any administrative, 
                                demobilization, remobilization, or 
                                additional investigation costs of the 
                                review or modification of the remedy 
                                associated with the alternative remedy; 
                                and</DELETED>
                                <DELETED>    ``(II) only the estimated 
                                cost savings of expenditures avoided by 
                                undertaking the alternative remedy 
                                shall be considered as cost 
                                savings.</DELETED>
        <DELETED>    ``(3) Construction not begun.--</DELETED>
                <DELETED>    ``(A) Petition.--In the case of a facility 
                or operable unit with respect to which a record of 
                decision has been signed but construction has not yet 
                begun prior to the date of enactment of this section 
                and which meet the criteria of subparagraph (B), the 
                implementor of the record of decision may file a 
                petition with a remedy review board not later than 90 
                days after the date of enactment of this section to 
                determine whether an alternate remedy under section 133 
                should apply to the facility or operable 
                unit.</DELETED>
                <DELETED>    ``(B) Criteria for approval.--Subject to 
                subparagraph (C), a remedy review board shall approve a 
                petition described in subparagraph (A) if--</DELETED>
                        <DELETED>    ``(i) the alternative remedial 
                        action proposed in the petition satisfies 
                        section 121(a);</DELETED>
                        <DELETED>    ``(ii)(I) in the case of a record 
                        of decision with an estimated implementation 
                        cost of between $5,000,000 and $10,000,000, the 
                        alternative remedial action achieves cost 
                        savings of at least 25 percent of the total 
                        costs of the record of decision; or</DELETED>
                        <DELETED>    ``(II) in the case of a record of 
                        decision valued at a total cost greater than 
                        $10,000,000, the alternative remedial action 
                        achieves cost savings of $2,500,000 or 
                        more;</DELETED>
                        <DELETED>    ``(iii) in the case of a record of 
                        decision involving ground water extraction and 
                        treatment remedies for substances other than 
                        dense, nonaqueous phase liquids, the 
                        alternative remedial action achieves cost 
                        savings of $2,000,000 or more; or</DELETED>
                        <DELETED>    ``(iv) in the case of a record of 
                        decision intended primarily for the remediation 
                        of dense, nonaqueous phase liquids, the 
                        alternative remedial action achieves cost 
                        savings of $1,000,000 or more.</DELETED>
                <DELETED>    ``(C) Contents of petition.--For the 
                purposes of facility-specific risk assessment under 
                section 131, a petition described in subparagraph (A) 
                shall rely on risk assessment data that were available 
                prior to issuance of the record of decision but shall 
                consider the actual or planned or reasonably 
anticipated future use of the land and water resources.</DELETED>
                <DELETED>    ``(D) Incorrect data.--Notwithstanding 
                subparagraph (B) and (C), a remedy review board may 
                approve a petition if the petitioner demonstrates that 
                technical data generated subsequent to the issuance of 
                the record of decision indicates that the decision was 
                based on faulty or incorrect information.</DELETED>
        <DELETED>    ``(4) Additional construction.--</DELETED>
                <DELETED>    ``(A) Petition.--In the case of a facility 
                or operable unit with respect to which a record of 
                decision has been signed and construction has begun 
                prior to the date of enactment of this section and 
                which meets the criteria of subparagraph (B), but for 
                which additional construction or long-term operation 
                and maintenance activities are anticipated, the 
                implementor of the record of decision may file a 
                petition with a remedy review board within 90 days 
                after the date of enactment of this section to 
                determine whether an alternative remedial action should 
                apply to the facility or operable unit.</DELETED>
                <DELETED>    ``(B) Criteria for approval.--Subject to 
                subparagraph (C), a remedy review board shall approve a 
                petition described in subparagraph (A) if--</DELETED>
                        <DELETED>    ``(i) the alternative remedial 
                        action proposed in the petition satisfies 
                        section 121(a); and</DELETED>
                        <DELETED>    ``(ii)(I) in the case of a record 
                        of decision valued at a total cost between 
                        $5,000,000 and $10,000,000, the alternative 
                        remedial action achieves cost savings of at 
                        least 50 percent of the total costs of the 
                        record of decision;</DELETED>
                        <DELETED>    ``(II) in the case of a record of 
                        decision valued at a total cost greater than 
                        $10,000,000, the alternative remedial action 
                        achieves cost savings of $5,000,000 or more; 
                        or</DELETED>
                        <DELETED>    ``(III) in the case of a record of 
                        decision involving monitoring, operations, and 
                        maintenance obligations where construction is 
                        completed, the alternative remedial action 
                        achieves cost savings of $1,000,000 or 
                        more.</DELETED>
                <DELETED>    ``(C) Incorrect data.--Notwithstanding 
                subparagraph (B), a remedy review board may approve a 
                petition if the petitioner demonstrates that technical 
                data generated subsequent to the issuance of the record 
                of decision indicates that the decision was based on 
                faulty or incorrect information, and the alternative 
                remedial action achieves cost savings of at least 
                $2,000,000.</DELETED>
                <DELETED>    ``(D) Mandatory review.--A remedy review 
                board shall not be required to entertain more than 1 
                petition under subparagraph (B)(ii)(III) or (C) with 
                respect to a remedial action plan.</DELETED>
        <DELETED>    ``(5) Delay.--In determining whether an 
        alternative remedial action will substantially delay the 
        implementation of a remedial action of a facility, no 
        consideration shall be given to the time necessary to review a 
        petition under paragraph (3) or (4) by a remedy review board or 
        the Administrator.</DELETED>
        <DELETED>    ``(6) Objection by the governor.--</DELETED>
                <DELETED>    ``(A) Notification.--Not later than 7 days 
                after receipt of a petition under this subsection, a 
                remedy review board shall notify the Governor of the 
                State in which the facility is located and provide the 
                Governor a copy of the petition.</DELETED>
                <DELETED>    ``(B) Objection.--The Governor may object 
                to the petition or the modification of the remedy, if 
                not later than 90 days after receiving a notification 
                under subparagraph (A) the Governor demonstrates to the 
                remedy review board that the selection of the proposed 
                alternative remedy would cause an unreasonably long 
                delay that would be likely to result in significant 
                adverse human health impacts, environmental risks, 
                disruption of planned future use, or economic 
                hardship.</DELETED>
                <DELETED>    ``(C) Denial.--On receipt of an objection 
                and demonstration under subparagraph (C), the remedy 
                review board shall--</DELETED>
                        <DELETED>    ``(i) deny the petition; 
                        or</DELETED>
                        <DELETED>    ``(ii) consider any other action 
                        that the Governor may recommend.</DELETED>
        <DELETED>    ``(7) Savings clause.--Notwithstanding any other 
        provision of this subsection, in the case of a remedial action 
        plan for which a final record of decision under section 121 has 
        been published, if remedial action was not completed pursuant 
        to the remedial action plan before the date of enactment of 
        this section, the Administrator or a State exercising authority 
        under section 130(d) may modify the remedial action plan in 
        order to conform the plan to the requirements of this Act, as 
        in effect on the date of enactment of this 
        section.''.</DELETED>

<DELETED>SEC. 407. NATIONAL PRIORITIES LIST.</DELETED>

<DELETED>    (a) Amendments.--Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9605) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(8) by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(C) provision that in listing a facility on the 
        National Priorities List, the Administrator shall not include 
        any parcel of real property at which no release has actually 
        occurred, but to which a released hazardous substance, 
        pollutant, or contaminant has migrated in ground water that has 
        moved through subsurface strata from another parcel of real 
        estate at which the release actually occurred, unless--
        </DELETED>
                <DELETED>    ``(i) the ground water is in use as a 
                public drinking water supply or was in such use at the 
                time of the release; and</DELETED>
                <DELETED>    ``(ii) the owner or operator of the 
                facility is liable, or is affiliated with any other 
                person that is liable, for any 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.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(h) Listing of Particular Parcels.--</DELETED>
        <DELETED>    ``(1) Definition.--In subsection (a)(8)(C) and 
        paragraph (2) of this subsection, the term `parcel of real 
        property' means a parcel, lot, or tract of land that has a 
        separate legal description from that of any other parcel, lot, 
        or tract of land the legal description and ownership of which 
        has been recorded in accordance with the law of the State in 
        which it is located.</DELETED>
        <DELETED>    ``(2) Statutory construction.--Nothing in 
        subsection (a)(8)(C) shall be construed to limit the 
        Administrator's authority under section 104 to obtain access to 
        and undertake response actions at any parcel of real property 
        to which a released hazardous substance, pollutant, or 
        contaminant has migrated in the ground water.''.</DELETED>
<DELETED>    (b) Revision of National Priorities List.--The President 
shall revise the National Priorities List to conform with the 
amendments made by subsection (a) not later that 180 days of the date 
of enactment of this Act.</DELETED>

                 <DELETED>TITLE V--LIABILITY</DELETED>

<DELETED>SEC. 501. LIABILITY EXCEPTIONS AND LIMITATIONS.</DELETED>

<DELETED>    (a) Definitions.--Section 101 of the Comprehensive 
Environmental Response, Liability, and Compensation Act of 1980 (42 
U.S.C. 9601) (as amended by section 401) is amended by adding at the 
end of the following:</DELETED>
        <DELETED>    ``(43) Codisposal landfills.--The `term codisposal 
        landfill' means a landfill that--</DELETED>
                <DELETED>    ``(A) was listed on the National 
                Priorities List as of January 1, 1997;</DELETED>
                <DELETED>    ``(B) received for disposal municipal 
                solid waste or sewage sludge; and</DELETED>
                <DELETED>    ``(C) may also have received, before the 
                effective date of requirements under subtitle C of the 
                Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), any 
                hazardous waste, if a substantial portion of the total 
                volume of waste disposed of at the landfill consisted 
                of municipal solid waste or sewage sludge that was 
                transported to the landfill from outside the 
                facility.</DELETED>
        <DELETED>    ``(44) Municipal solid waste.--The term `municipal 
        solid waste'--</DELETED>
                <DELETED>    ``(A) means waste material generated by--
                </DELETED>
                        <DELETED>    ``(i) a household (such as a 
                        single- or multi-family residence) or a public 
                        lodging (such as a hotel or motel); 
                        or</DELETED>
                        <DELETED>    ``(ii) a commercial, 
                        institutional, or industrial source, to the 
                        extent that--</DELETED>
                                <DELETED>    ``(I) the waste material 
                                is essentially the same as waste 
                                normally generated by a household or 
                                public lodging; or</DELETED>
                                <DELETED>    ``(II) the waste material 
                                is collected and disposed of with other 
                                municipal solid waste or sewage sludge 
                                as part of normal municipal solid waste 
                                collection services, and, regardless of 
                                when generated, would be conditionally 
                                exempt small quantity generator waste 
                                under the regulation issued under 
                                section 3001(d) of the Solid Waste 
                                Disposal Act (42 U.S.C. 6921(d)); 
                                and</DELETED>
                <DELETED>    ``(B) includes food and yard waste, paper, 
                clothing, appliances, consumer product packaging, 
                disposable diapers, office supplies, cosmetics, glass 
                and metal food containers, elementary or secondary 
                school science laboratory waste, and household 
                hazardous waste; but</DELETED>
                <DELETED>    ``(C) does not include combustion ash 
                generated by resource recovery facilities or municipal 
                incinerators or waste from manufacturing or processing 
                (including pollution control) operations that is not 
                essentially the same as waste normally generated by a 
                household or public lodging.</DELETED>
        <DELETED>    ``(45) Municipality.--The term `municipality' 
        means--</DELETED>
                <DELETED>    ``(A) means a political subdivision of a 
                State (including a city, county, village, town, 
                township, borough, parish, school district, sanitation 
                district, water district, or other public entity 
                performing local governmental functions); and</DELETED>
                <DELETED>    ``(B) includes a natural person acting in 
                the capacity of an official, employee, or agent of any 
                entity described in subparagraph (A) in the performance 
                of a governmental function.</DELETED>
        <DELETED>    ``(46) Sewage sludge.--The term `sewage sludge' 
        means solid, semisolid, or liquid residue removed during the 
        treatment of municipal waste water, domestic sewage, or other 
waste water at or by publicly owned treatment works.''.</DELETED>
<DELETED>    (b) Exceptions and Limitations.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607) (as amended by section 306(b)) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(q) Liability Exemption for Municipal Solid Waste and 
Sewage Sludge.--No person (other than the United States or a 
department, agency, or instrumentality of the United States) shall be 
liable to the United States or to any other person (including liability 
for contribution) under this section for any response costs at a 
facility listed on the National Priorities List to the extent that--
</DELETED>
        <DELETED>    ``(1) the person is liable solely under 
        subparagraph (C) or (D) of subsection (a)(1); and</DELETED>
        <DELETED>    ``(2) the arrangement for disposal, treatment, or 
        transport for disposal or treatment, or the acceptance for 
        transport for disposal or treatment, involved only municipal 
        solid waste or sewage sludge.</DELETED>
<DELETED>    ``(r) De Minimis Contributor Exemption.--</DELETED>
        <DELETED>    ``(1) In general.--In the case of a vessel or 
        facility that is not owned by the United States and is listed 
        on the National Priorities List, no person described in 
        subparagraph (C) or (D) of subsection (a)(1) (other than the 
        United States or any department, agency, or instrumentality of 
        the United States) shall be liable to the United States or to 
        any other person (including liability for contribution) for any 
        response costs under this section incurred after the date of 
        enactment of this subsection, if no activity specifically 
        attributable to the person resulted in--</DELETED>
                <DELETED>    ``(A) the disposal or treatment of more 
                than 1 percent of the volume of material containing a 
                hazardous substance at the vessel or facility before 
                January 1, 1997; or</DELETED>
                <DELETED>    ``(B) the disposal or treatment of not 
                more than 200 pounds or 110 gallons of material 
                containing hazardous substances at the vessel or 
                facility before January 1, 1997, or such greater amount 
                as the Administrator may determine by 
                regulation.</DELETED>
        <DELETED>    ``(2) Exception.--Paragraph (1) shall not apply in 
        a case in which the Administrator determines that material 
        described in paragraph (1)(A) or (B) has contributed or may 
        contribute significantly to the amount of response costs at the 
        facility.</DELETED>
<DELETED>    ``(s) Small Business Exemption.--No person (other than the 
United States or a department, agency, or instrumentality of the United 
States) shall be liable to the United States or to any person 
(including liability for contribution) under this section for any 
response costs at a facility listed on the National Priorities List 
incurred after the date of enactment of this subsection if the person 
is a business that, during the taxable year preceding the date of 
transmittal of notification that the business is a potentially 
responsible party, had on average fewer than 30 employees or for that 
taxable year reported $3,000,000 or less in annual gross 
revenues.</DELETED>
<DELETED>    ``(t) Codisposal Landfill Exemption and Limitations.--
</DELETED>
        <DELETED>    ``(1) Exemption.--No person shall be liable to the 
        United States or to any person (including liability for 
        contribution) under this section for any response costs at a 
        facility listed on the National Priorities List incurred after 
        the date of enactment of this subsection to the extent that--
        </DELETED>
                <DELETED>    ``(A) the person is liable under 
                subparagraph (C) or (D) of subsection (a)(1); 
                and</DELETED>
                <DELETED>    ``(B) the arrangement for disposal, 
                treatment, or transport for disposal or treatment or 
                the acceptance for disposal or treatment occurred with 
                respect to a codisposal landfill.</DELETED>
        <DELETED>    ``(2) Limitations.--</DELETED>
                <DELETED>    ``(A) Definitions.--In this 
                paragraph:</DELETED>
                        <DELETED>    ``(i) Large municipality.--The 
                        term `large municipality' means a municipality 
                        with a population of 100,000 or more according 
                        to the 1990 census.</DELETED>
                        <DELETED>    ``(ii) Small municipality.--The 
                        term `small municipality' means a municipality 
                        with a population of less than 100,000 
                        according to the 1990 census.</DELETED>
                <DELETED>    ``(B) Aggregate liability of small 
                municipalities.--With respect to a codisposal landfill 
                listed on the National Priorities List that is owned or 
                operated only by small municipalities and that is not 
                subject to the criteria for solid waste landfills 
                published under subtitle D of the Solid Waste Disposal 
                Act (42 U.S.C. 6941 et seq.) at part 258 of title 40, 
                Code of Federal Regulations (or a successor 
                regulation), the aggregate liability of all small 
                municipalities for response costs incurred on or after 
                the date of enactment of this subsection shall be the 
                lesser of--</DELETED>
                        <DELETED>    ``(i) 10 percent of the total 
                        amount of response costs at the facility; 
                        or</DELETED>
                        <DELETED>    ``(ii) the costs of compliance 
                        with the requirements of subtitle D of the 
                        Solid Waste Disposal Act (42 U.S.C. 6941 et 
                        seq.) for the facility (as if the facility had 
                        continued to accept municipal solid waste 
                        through January 1, 1997);.</DELETED>
                <DELETED>    ``(C) Aggregate liability of large 
                municipalities.--With respect to a codisposal landfill 
                listed on the National Priorities List that is owned or 
                operated only by large municipalities and that is not 
                subject to the criteria for solid waste landfills 
                published under subtitle D of the Solid Waste Disposal 
                Act (42 U.S.C. 6941 et seq.) at part 258 of title 40, 
                Code of Federal Regulations (or a successor 
                regulation), the aggregate liability of all large 
                municipalities for response costs incurred on or after 
                the date of enactment of this subsection shall be the 
                lesser of--</DELETED>
                        <DELETED>    ``(i) 20 percent of the proportion 
                        of the total amount of response costs at the 
                        facility; or</DELETED>
                        <DELETED>    ``(ii) the costs of compliance 
                        with the requirements of subtitle D of the 
                        Solid Waste Disposal Act (42 U.S.C. 6941 et 
                        seq.) for the facility (as if the facility had 
                        continued to accept municipal solid waste 
                        through January 1, 1997).</DELETED>
                <DELETED>    ``(D) Aggregate persons other than 
                municipalities.--With respect to a codisposal landfill 
                listed on the National Priorities List that is owned or 
                operated in whole or in part by persons other than 
                municipalities and that is not subject to the criteria 
                for solid waste landfills published under subtitle D of 
                the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) 
                at part 258 of title 40, Code of Federal Regulations 
                (or a successor regulation), the aggregate liability of 
                all persons other than municipalities shall be the 
                lesser of--</DELETED>
                        <DELETED>    ``(i) 30 percent of the proportion 
                        of the total amount of response costs at the 
                        facility; or</DELETED>
                        <DELETED>    ``(ii) the costs of compliance 
                        with the requirements of subtitle D of the 
                        Solid Waste Disposal Act (42 U.S.C. 6941 et 
                        seq.) for the facility (as if the facility had 
                        continued to accept municipal solid waste 
                        through January 1, 1997).</DELETED>
                <DELETED>    ``(E) Aggregate liability for 
                municipalities and non-municipalities.--With respect to 
                a codisposal landfill listed on the National Priorities 
                List that is owned and operated by a combination of 
                small and large municipalities or persons other than 
                municipalities and that is subject to the criteria for 
                solid waste landfills published under subtitle D of the 
                Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) at 
                part 258 of title 40, Code of Federal Regulations (or a 
                successor regulation)--</DELETED>
                        <DELETED>    ``(i) the allocator shall 
                        determine the proportion of the use of the 
                        landfill that was made by small and large 
                        municipalities and persons other than 
                        municipalities during the time the facility was 
                        in operation; and</DELETED>
                        <DELETED>    ``(ii) shall allocate among the 
                        parties an appropriate percentage of total 
                        liability not exceeding the aggregate liability 
                        percentages stated in (B)(ii), (C)(ii), 
                        (D)(ii), respectively.</DELETED>
                <DELETED>    ``(F) Liability at subtitle d 
                facilities.--With respect to a codisposal landfill 
                listed on the National Priorities List that is owned 
                and operated by a small municipality, large 
                municipality, or person other than municipalities, or a 
                combination of thereof, and that is subject to the 
                criteria for solid waste landfills published under 
                subtitle D of the Solid Waste Disposal Act (42 U.S.C. 
                6941 et seq.) at part 258 of title 40, Code of Federal 
                Regulations (or a successor regulation), the aggregate 
                liability of such municipalities and persons shall be 
                no greater than the costs of compliance with the 
                requirements of subtitle D of the Solid Waste Disposal 
                Act (42 U.S.C. 6941 et seq.) for the 
                facility.</DELETED>
        <DELETED>    ``(3) Applicability.--This subsection shall not 
        apply to--</DELETED>
                <DELETED>    ``(A) a person that acted in violation of 
                subtitle C of the Solid Waste Disposal Act (42 U.S.C. 
                Sec. 6921 et seq.);</DELETED>
                <DELETED>    ``(B) a person that owned or operated a 
                codisposal landfill in violation of the applicable 
                requirements for municipal solid waste landfill units 
                under subtitle D of the Solid Waste Disposal Act (42 
                U.S.C. Sec. 6941 et seq.) after October 9, 
                1991;</DELETED>
                <DELETED>    ``(C) a facility that was not operated 
                pursuant to and in substantial compliance with any 
                other applicable permit, license, or other approval or 
                authorization relating to municipal solid waste or 
                sewage sludge disposal issued by an appropriate State, 
                Indian tribe, or local government authority;</DELETED>
                <DELETED>    ``(D) a person described in section 
                136(t); or</DELETED>
                <DELETED>    ``(E) a person that impedes the 
                performance of a response action.''.</DELETED>
<DELETED>    (c) Effective Date and Transition Rules.--The amendments 
made by this section--</DELETED>
        <DELETED>    (1) shall take effect with respect to an action 
        under section 106, 107, or 113 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9606, 9607, and 9613) that becomes final on or after 
        the date of enactment of this Act; but</DELETED>
        <DELETED>    (2) shall not apply to an action brought by any 
        person under section 107 or 113 of that Act (42 U.S.C. 9607 and 
        9613) for costs or damages incurred by the person before the 
        date of enactment of this Act.</DELETED>

<DELETED>SEC. 502. CONTRIBUTION FROM THE FUND.</DELETED>

<DELETED>    Section 112 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9612) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(g) Contribution From the Fund.--</DELETED>
        <DELETED>    ``(1) Completion of obligations.--A person that is 
        subject to an administrative order issued under section 106 or 
        has entered into a settlement decree with the United States or 
        a State as of the date of enactment of this subsection shall 
        complete the person's obligations under the order or settlement 
        decree.</DELETED>
        <DELETED>    ``(2) Contribution.--A person described in 
        paragraph (1) shall receive contribution from the Fund for any 
        portion of the costs (excluding attorneys' fees) incurred for 
        the performance of the response action after the date of 
        enactment of this subsection if the person is not liable for 
        such costs by reason of a liability exemption or limitation 
        under this section.</DELETED>
        <DELETED>    ``(3) Application for contribution.--</DELETED>
                <DELETED>    ``(A) In general.--Contribution under this 
                section shall be made upon receipt by the Administrator 
                of an application requesting contribution.</DELETED>
                <DELETED>    ``(B) Periodic applications.--Beginning 
                with the 7th month after the date of enactment of this 
                subsection, 1 application for each facility shall be 
                submitted every 6 months for all persons with 
                contribution rights (as determined under subparagraph 
                (2)).</DELETED>
        <DELETED>    ``(4) Regulations.--Contribution shall be made in 
        accordance with such regulations as the Administrator shall 
        issue within 180 days after the date of enactment of this 
        section.</DELETED>
        <DELETED>    ``(5) Documentation.--The regulations under 
        paragraph (4) shall, at a minimum, require that an application 
        for contribution contain such documentation of costs and 
        expenditures as the Administrator considers necessary to ensure 
        compliance with this subsection.</DELETED>
        <DELETED>    ``(6) Expedition.--The Administrator shall develop 
        and implement such procedures as may be necessary to provide 
        contribution to such persons in an expeditious manner, but in 
        no case shall a contribution be made later than 1 year after 
        submission of an application under this subsection.</DELETED>
        <DELETED>    ``(7) Consistency with national contingency 
        plan.--No contribution shall be made under this subsection 
        unless the Administrator determines that such costs are 
        consistent with the National Contingency Plan.''.</DELETED>

<DELETED>SEC. 503. ALLOCATION OF LIABILITY FOR CERTAIN 
              FACILITIES.</DELETED>

<DELETED>    Title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as 
amended by section 406, is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 136. ALLOCATION OF LIABILITY FOR CERTAIN 
              FACILITIES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Allocated share.--The term `allocated share' 
        means the percentage of liability assigned to a potentially 
        responsible party by the allocator in an allocation report 
        under subsection (f)(4).</DELETED>
        <DELETED>    ``(2) Allocation party.--The term `allocation 
        party'--</DELETED>
                <DELETED>    ``(A) means a party, named on a list of 
                parties that will be subject to the allocation process 
under this section, issued by an allocator; and</DELETED>
                <DELETED>    ``(B) with respect to a facility described 
                in subparagraph (4)(C), includes only parties that are, 
                by virtue of section 107(t)(3), not entitled to the 
                exemption under section 107(t)(1) or the limitation 
                under section 107(t)(2).</DELETED>
        <DELETED>    ``(3) Allocator.--The term `allocator' means an 
        allocator retained to conduct an allocation for a 
        facility.</DELETED>
        <DELETED>    ``(4) Mandatory allocation facility.--The term 
        `mandatory allocation facility' means--</DELETED>
                <DELETED>    ``(A) a non-federally owned vessel or 
                facility listed on the National Priorities List with 
                respect to which response costs are incurred after the 
                date of enactment of this section and at which there 
                are 2 or more potentially responsive persons (including 
                1 or more persons that are qualified for an exemption 
                under section 107 (q), (r), or (s)), if at least 1 
                potentially responsible person is viable and not 
                entitled to an exemption under section 107 (q), (r), or 
                (s);</DELETED>
                <DELETED>    ``(B) a federally owned vessel or facility 
                listed on the National Priorities List with respect to 
                which response costs are incurred after the date of 
                enactment of this section, and with respect to which 1 
                or more potentially responsible parties (other that a 
                department, agency, or instrumentality of the United 
                States) are liable or potentially liable if at least 1 
                potentially liable party is liable and not entitled to 
                an exemption under section 107 (q), (r), or (s); 
                and</DELETED>
                <DELETED>    ``(C) a codisposal landfill listed on the 
                National Priorities List with respect to which--
                </DELETED>
                        <DELETED>    ``(i) costs are incurred after the 
                        date of enactment of this section; 
                        and</DELETED>
                        <DELETED>    (ii) by virtue of section 
                        107(t)(3), 1 or more persons are not entitled 
                        to the exemption under section 107(t)(1) or the 
                        limitation under section 107(t)(2).</DELETED>
        <DELETED>    ``(5) Orphan share.--The term `orphan share' means 
        the total of the allocated shares determined by the allocator 
        under subsection (h).</DELETED>
<DELETED>    ``(b) Allocations of Liability.--</DELETED>
        <DELETED>    ``(1) Mandatory allocations.--For each mandatory 
        allocation facility involving 2 or more potentially responsible 
        parties (including 1 or more potentially responsible parties 
        that are qualified for an exemption under section 107 (q), (r), 
        or (s)), the Administrator shall conduct the allocation process 
        under this section.</DELETED>
        <DELETED>    ``(2) Requested allocations.--For a facility 
        (other than a mandatory allocation facility) involving 2 or 
        more potentially responsible parties, the Administrator shall 
        conduct the allocation process under this section if the 
        allocation is requested in writing by a potentially responsible 
        party that has--</DELETED>
                <DELETED>    ``(A) incurred response costs with respect 
                to a response action; or</DELETED>
                <DELETED>    ``(B) resolved any liability to the United 
                States with respect to a response action in order to 
                assist in allocating shares among potentially 
                responsible parties.</DELETED>
        <DELETED>    ``(3) Permissive allocations.--For any facility 
        (other than a mandatory allocation facility or a facility with 
        respect to which a request is made under paragraph (2)) 
        involving 2 or more potentially responsible parties, the 
        Administrator may conduct the allocation process under this 
        section if the Administrator considers it to be appropriate to 
        do so.</DELETED>
        <DELETED>    ``(4) Orphan share.--An allocation performed at a 
        vessel or facility identified under subsection (b) (2) or (3) 
        shall not require payment of an orphan share under subsection 
(h) or contribution under subsection (p).</DELETED>
        <DELETED>    ``(5) Excluded facilities.--</DELETED>
                <DELETED>    ``(A) In general.--A codisposal landfill 
                listed on the Natural Priorities List at which costs 
                are incurred after January 1, 1997, and at which all 
                potentially responsible persons are entitled to the 
                liability exemption under section 107(t)(1). This 
                section does not apply to a response action at a 
                mandatory allocation facility for which there was in 
                effect as of the date of enactment of this section, a 
                settlement, decree, or order that determines the 
                liability and allocated shares of all potentially 
                responsible parties with respect to the response 
                action.</DELETED>
                <DELETED>    ``(B) Availability of orphan share.--For 
                any mandatory allocation facility that is otherwise 
                excluded by subparagraph (A) and for which there was 
                not in effect as of the date of enactment of this 
                section a final judicial order that determined the 
                liability of all parties to the action for response 
                costs incurred after the date of enactment of this 
                section, an allocation shall be conducted for the sole 
                purpose of determining the availability of orphan share 
                funding pursuant to subsection (h)(2) for any response 
                costs incurred after the date of enactment of this 
                section.</DELETED>
        <DELETED>    ``(6) Scope of allocations.--An allocation under 
        this section shall apply to--</DELETED>
                <DELETED>    ``(A) response costs incurred after the 
                date of enactment of this section, with respect to a 
                mandatory allocation facility described in subsection 
                (a)(4) (A), (B), or (C); and</DELETED>
                <DELETED>    ``(B) response costs incurred at a 
                facility that is the subject of a requested or 
                permissive allocation under subsection (b) (2) or 
                (3).</DELETED>
        <DELETED>    ``(8) Other matters.--This section shall not limit 
        or affect--</DELETED>
                <DELETED>    ``(A) the obligation of the Administrator 
                to conduct the allocation process for a response action 
                at a facility that has been the subject of a partial or 
                expedited settlement with respect to a response action 
                that is not within the scope of the 
                allocation;</DELETED>
                <DELETED>    ``(B) the ability of any person to resolve 
                any liability at a facility to any other person at any 
                time before initiation or completion of the allocation 
                process, subject to subsection (h)(3);</DELETED>
                <DELETED>    ``(C) the validity, enforceability, 
                finality, or merits of any judicial or administrative 
                order, judgment, or decree, issued prior to the date of 
                enactment of this section with respect to liability 
                under this Act; or</DELETED>
                <DELETED>    ``(D) the validity, enforceability, 
                finality, or merits of any preexisting contract or 
                agreement relating to any allocation of responsibility 
                or any indemnity for, or sharing of, any response costs 
                under this Act.</DELETED>
<DELETED>    ``(c) Moratorium on Litigation and Enforcement.--
</DELETED>
        <DELETED>    ``(1) In general.--No person may assert a claim 
        for recovery of a response cost or contribution toward a 
        response cost (including a claim for insurance proceeds) under 
        this Act or any other Federal or State law in connection with a 
        response action--</DELETED>
                <DELETED>    ``(A) for which an allocation is required 
                to be performed under subsection (b)(1); or</DELETED>
                <DELETED>    ``(B) for which the Administrator has 
                initiated the allocation process under this 
                section,</DELETED>
        <DELETED>until the date that is 120 days after the date of 
        issuance of a report by the allocator under subsection (f)(4) 
        or, if a second or subsequent report is issued under subsection 
        (m), the date of issuance of the second or subsequent 
        report.</DELETED>
        <DELETED>    ``(2) Pending actions or claims.--If a claim 
        described in paragraph (1) is pending on the date of enactment 
        of this section or on initiation of an allocation under this 
        section, the portion of the claim pertaining to response costs 
        that are the subject of the allocation shall be stayed until 
        the date that is 120 days after the date of issuance of a 
        report by the allocator under subsection (f)(4) or, if a second 
        or subsequent report is issued under subsection (m), the date 
        of issuance of the second or subsequent report, unless the 
        court determines that a stay would result in manifest 
        injustice.</DELETED>
        <DELETED>    ``(3) Tolling of period of limitation.--</DELETED>
                <DELETED>    ``(A) Beginning of tolling.--Any 
                applicable period of limitation with respect to a claim 
                subject to paragraph (1) shall be tolled beginning on 
                the earlier of--</DELETED>
                        <DELETED>    ``(i) the date of listing of the 
                        facility on the National Priorities List if the 
                        listing occurs after the date of enactment of 
                        this section; or</DELETED>
                        <DELETED>    ``(ii) the date of initiation of 
                        the allocation process under this 
                        section.</DELETED>
                <DELETED>    ``(B) End of tolling.--A period of 
                limitation shall be tolled under subparagraph (A) until 
                the date that is 180 days after the date of issuance of 
                a report by the allocator under subsection (f)(4), or 
                of a second or subsequent report under subsection 
                (m).</DELETED>
        <DELETED>    ``(4) Retained authority.--Except as specifically 
        provided in this section, this section does not affect the 
        authority of the Administrator to--</DELETED>
                <DELETED>    ``(A) exercise the powers conferred by 
                section 103, 104, 105, 106, or 122;</DELETED>
                <DELETED>    ``(B) commence an action against a party 
                if there is a contemporaneous filing of a judicial 
                consent decree resolving the liability of the 
                party;</DELETED>
                <DELETED>    ``(C) file a proof of claim or take other 
                action in a proceeding under title 11, United States 
                Code; or</DELETED>
                <DELETED>    ``(D) require implementation of a response 
                action at an allocation facility during the conduct of 
                the allocation process.</DELETED>
<DELETED>    ``(d) Allocation Process.--</DELETED>
        <DELETED>    ``(1) Establishment.--Not later than 180 days 
        after the date of enactment of this section, the Administrator 
        shall establish by regulation a process for conduct of 
        mandatory, requested, and permissive allocations.</DELETED>
        <DELETED>    ``(2) Requirements.--In developing the allocation 
        process under paragraph (1), the Administrator shall--
        </DELETED>
                <DELETED>    ``(A) ensure that parties that are 
                eligible for an exemption from liability under section 
                107 (q), (r), (s), (t), (v), and (w)--</DELETED>
                        <DELETED>    ``(i) are identified by the 
                        Administrator (before selection of an allocator 
                        or by an allocator);</DELETED>
                        <DELETED>    ``(ii) at the earliest practicable 
                        opportunity, are notified of their status; 
                        and</DELETED>
                        <DELETED>    ``(iii) are provided with 
                        appropriate written assurances that they are 
                        not liable for response costs under this 
                        Act;</DELETED>
                <DELETED>    ``(B) establish an expedited process for 
                the selection, appointment, and retention by contract 
                of a impartial allocator, acceptable to both 
                potentially responsible parties and a representative of 
                the Fund, to conduct the allocation process in a fair, 
                efficient, and impartial manner;</DELETED>
                <DELETED>    ``(C) permit any person to propose to name 
                additional potentially responsible parties as 
                allocation parties, the costs of any such nominated 
                party's costs (including reasonable attorney's fees) to 
                be borne by the party that proposes the addition of the 
                party to the allocation process if the allocator 
                determines that there is no adequate basis in law or 
                fact to conclude that a party is liable based on the 
                information presented by the nominating party or 
                otherwise available to the allocator; and</DELETED>
                <DELETED>    ``(D) require that the allocator adopt any 
                settlement that allocates 100 percent of the 
                recoverable costs of a response action at a facility to 
                the signatories to the settlement, if the settlement 
                contains a waiver of--</DELETED>
                        <DELETED>    ``(i) a right of recovery from any 
                        other party of any response cost that is the 
                        subject of the allocation; and</DELETED>
                        <DELETED>    ``(ii) a right to contribution 
                        under this Act,</DELETED>
                <DELETED>with respect to any response action that is 
                within the scope of allocation process.</DELETED>
        <DELETED>    ``(3) Time limit.--The Administrator shall 
        initiate the allocation process for a facility not later than 
        the earlier of--</DELETED>
                <DELETED>    ``(A) the date of completion of the 
                facility evaluation or remedial investigation for the 
                facility; or</DELETED>
                <DELETED>    ``(B) the date that is 60 days after the 
                date of selection of a removal action.</DELETED>
        <DELETED>    ``(4) No judicial review.--There shall be no 
        judicial review of any action regarding selection of an 
        allocator under the regulation issued under this 
        subsection.</DELETED>
        <DELETED>    ``(5) Recovery of contract costs.--The costs of 
        the Administrator in retaining an allocator shall be considered 
        to be a response cost for all purposes of this Act.</DELETED>
<DELETED>    ``(e) Federal, State, and Local Agencies.--</DELETED>
        <DELETED>    ``(1) In general.--Other than as set forth in this 
        Act, any Federal, State, or local governmental department, 
        agency, or instrumentality that is named as a potentially 
        responsible party or an allocation party shall be subject to, 
        and be entitled to the benefits of, the allocation process and 
        allocation determination under this section to the same extent 
        as any other party.</DELETED>
        <DELETED>    ``(2) Orphan share.--The Administrator or the 
        Attorney General shall participate in the allocation proceeding 
        as the representative of the Fund from which any orphan share 
        shall be paid.</DELETED>
<DELETED>    ``(f) Allocation Authority.--</DELETED>
        <DELETED>    ``(1) Information-gathering authorities.--
        </DELETED>
                <DELETED>    ``(A) In general.--An allocator may 
                request information from any person in order to assist 
                in the efficient completion of the allocation 
                process.</DELETED>
                <DELETED>    ``(B) Requests.--Any person may request 
                that an allocator request information under this 
                paragraph.</DELETED>
                <DELETED>    ``(C) Authority.--An allocator may 
                exercise the information-gathering authority of the 
                Administrator under section 104(e), including issuing 
                an administrative subpoena to compel the production of 
                a document or the appearance of a witness.</DELETED>
                <DELETED>    ``(D) Disclosure.--Notwithstanding any 
                other law, any information submitted to the allocator 
                in response to a subpoena issued under subparagraph (C) 
                shall be exempt from disclosure to any person under 
                section 552 of title 5, United States Code.</DELETED>
                <DELETED>    ``(E) Orders.--In a case of contumacy or 
                failure of a person to obey a subpoena issued under 
                subparagraph (C), an allocator may request the Attorney 
                General to--</DELETED>
                        <DELETED>    ``(i) bring a civil action to 
                        enforce the subpoena; or</DELETED>
                        <DELETED>    ``(ii) if the person moves to 
                        quash the subpoena, to defend the 
                        motion.</DELETED>
                <DELETED>    ``(F) Failure of attorney general to 
                respond.--If the Attorney General fails to provide any 
                response to the allocator within 30 days of a request 
                for enforcement of a subpoena or information request, 
                the allocator may retain counsel to commence a civil 
                action to enforce the subpoena or information 
                request.</DELETED>
        <DELETED>    ``(2) Additional authority.--An allocator may--
        </DELETED>
                <DELETED>    ``(A) schedule a meeting or hearing and 
                require the attendance of allocation parties at the 
                meeting or hearing;</DELETED>
                <DELETED>    ``(B) sanction an allocation party for 
                failing to cooperate with the orderly conduct of the 
                allocation process;</DELETED>
                <DELETED>    ``(C) require that allocation parties 
                wishing to present similar legal or factual positions 
                consolidate the presentation of the 
                positions;</DELETED>
                <DELETED>    ``(D) obtain or employ support services, 
                including secretarial, clerical, computer support, 
                legal, and investigative services; and</DELETED>
                <DELETED>    ``(E) take any other action necessary to 
                conduct a fair, efficient, and impartial allocation 
                process.</DELETED>
        <DELETED>    ``(3) Conduct of allocation process.--</DELETED>
                <DELETED>    ``(A) In general.--The allocator shall 
                conduct the allocation process and render a decision 
                based solely on the provisions of this section, 
                including the allocation factors described in 
                subsection (g).</DELETED>
                <DELETED>    ``(B) Opportunity to be heard.--Each 
                allocation party shall be afforded an opportunity to be 
                heard (orally or in writing, at the option of an 
                allocation party) and an opportunity to comment on a 
                draft allocation report.</DELETED>
                <DELETED>    ``(C) Responses.--The allocator shall not 
                be required to respond to comments.</DELETED>
                <DELETED>    ``(D) Streamlining.--The allocator shall 
                make every effort to streamline the allocation process 
                and minimize the cost of conducting the 
                allocation.</DELETED>
        <DELETED>    ``(4) Allocation report.--The allocator shall 
        provide a written allocation report to the Administrator and 
        the allocation parties that specifies the allocation share of 
        each allocation party and any orphan shares, as determined by 
        the allocator.</DELETED>
<DELETED>    ``(g) Equitable Factors for Allocation.--The allocator 
shall prepare a nonbinding allocation of percentage shares of 
responsibility to each allocation party and to the orphan share, in 
accordance with this section and without regard to any theory of joint 
and several liability, based on--</DELETED>
        <DELETED>    ``(1) the amount of hazardous substances 
        contributed by each allocation party;</DELETED>
        <DELETED>    ``(2) the degree of toxicity of hazardous 
        substances contributed by each allocation party;</DELETED>
        <DELETED>    ``(3) the mobility of hazardous substances 
        contributed by each allocation party;</DELETED>
        <DELETED>    ``(4) the degree of involvement of each allocation 
        party in the generation, transportation, treatment, storage, or 
        disposal of hazardous substances;</DELETED>
        <DELETED>    ``(5) the degree of care exercised by each 
        allocation party with respect to hazardous substances, taking 
        into account the characteristics of the hazardous 
        substances;</DELETED>
        <DELETED>    ``(6) the cooperation of each allocation party in 
        contributing to any response action and in providing complete 
        and timely information to the allocator; and</DELETED>
        <DELETED>    ``(7) such other equitable factors as the 
        allocator determines are appropriate.</DELETED>
<DELETED>    ``(h) Orphan Shares.--</DELETED>
        <DELETED>    ``(1) In general.--The allocator shall determine 
        whether any percentage of responsibility for the response 
        action shall be allocable to the orphan share.</DELETED>
        <DELETED>    ``(2) Makeup of orphan share.--The orphan share 
        shall consist of--</DELETED>
                <DELETED>    ``(A) any share that the allocator 
                determines is attributable to an allocation party that 
                is insolvent or defunct and that is not affiliated with 
                any financially viable allocation party;</DELETED>
                <DELETED>    ``(B) the difference between the aggregate 
                share that the allocator determines is attributable to 
                a person and the aggregate share actually assumed by 
                the person in a settlement with the United States 
                otherwise if--</DELETED>
                        <DELETED>    ``(i) the person is eligible for 
                        an expedited settlement with the United States 
                        under section 122 based on limited ability to 
                        pay response costs;</DELETED>
                        <DELETED>    ``(ii) the liability of the person 
                        is eliminated, limited, or reduced by any 
                        provision of this Act; or</DELETED>
                        <DELETED>    ``(iii) the person settled with 
                        the United States before the completion of the 
                        allocation; and</DELETED>
                <DELETED>    ``(C) all response costs at a codisposal 
                landfill listed on the National Priorities incurred 
                after the date of enactment of this section 
                attributable to any person or group of persons entitled 
                to an exemption or limitation under section 107 (q), 
                (r), (s), or (t).</DELETED>
        <DELETED>    ``(4) Unattributable shares.--A share attributable 
        to a hazardous substance that the allocator determines was 
        disposed at the facility that cannot be attributed to any 
        identifiable party shall be distributed among the allocation 
        parties and the orphan share in accordance with the allocated 
        share assigned to each.</DELETED>
<DELETED>    ``(i) Information Requests.--</DELETED>
        <DELETED>    ``(1) Duty to answer.--Each person that receives 
        an information request or subpoena from the allocator shall 
        provide a full and timely response to the request.</DELETED>
        <DELETED>    ``(2) Certification.--An answer to an information 
        request by an allocator shall include a certification by a 
        representative that meets the criteria established in section 
        270.11(a) of title 40, Code of Federal Regulations (or any 
        successor regulation), that--</DELETED>
                <DELETED>    ``(A) the answer is correct to the best of 
                the representative's knowledge;</DELETED>
                <DELETED>    ``(B) the answer is based on a diligent 
                good faith search of records in the possession or 
                control of the person to whom the request was 
                directed;</DELETED>
                <DELETED>    ``(C) the answer is based on a reasonable 
                inquiry of the current (as of the date of the answer) 
                officers, directors, employees, and agents of the 
                person to whom the request was directed;</DELETED>
                <DELETED>    ``(D) the answer accurately reflects 
                information obtained in the course of conducting the 
                search and the inquiry;</DELETED>
                <DELETED>    ``(E) the person executing the 
                certification understands that there is a duty to 
                supplement any answer if, during the allocation 
                process, any significant additional, new, or different 
                information becomes known or available to the person; 
                and</DELETED>
                <DELETED>    ``(F) the person executing the 
                certification understands that there are significant 
                penalties for submitting false information, including 
                the possibility of a fine or imprisonment for a knowing 
                violation.</DELETED>
<DELETED>    ``(j) Penalties.--</DELETED>
        <DELETED>    ``(1) Civil.--</DELETED>
                <DELETED>    ``(A) In general.--A person that fails to 
                submit a complete and timely answer to an information 
                request, a request for the production of a document, or 
                a summons from an allocator, submits a response that 
                lacks the certification required under subsection 
                (i)(2), or knowingly makes a false or misleading 
                material statement or representation in any statement, 
                submission, or testimony during the allocation process 
                (including a statement or representation in connection 
                with the nomination of another potentially responsible 
                party) shall be subject to a civil penalty of not more 
                than $10,000 per day of violation.</DELETED>
                <DELETED>    ``(B) Assessment of penalty.--A penalty 
                may be assessed by the Administrator in accordance with 
                section 109 or by any allocation party in a citizen 
                suit brought under section 310.</DELETED>
        <DELETED>    ``(2) Criminal.--A person that knowingly and 
        willfully makes a false material statement or representation in 
        the response to an information request or subpoena issued by 
        the allocator under subsection (i) shall be considered to have 
        made a false statement on a matter within the jurisdiction of 
        the United States within the meaning of section 1001 of title 
        18, United States Code.</DELETED>
<DELETED>    ``(k) Document Repository; Confidentiality.--</DELETED>
        <DELETED>    ``(1) Document repository.--</DELETED>
                <DELETED>    ``(A) In general.--The allocator shall 
                establish and maintain a document repository containing 
                copies of all documents and information provided by the 
                Administrator or any allocation party under this 
                section or generated by the allocator during the 
                allocation process.</DELETED>
                <DELETED>    ``(B) Availability.--Subject to paragraph 
                (2), the documents and information in the document 
                repository shall be available only to an allocation 
                party for review and copying at the expense of the 
                allocation party.</DELETED>
        <DELETED>    ``(2) Confidentiality.--</DELETED>
                <DELETED>    ``(A) In general.--Each document or 
                material submitted to the allocator or placed in the 
                document repository and the record of any information 
                generated or obtained during the allocation process 
                shall be confidential.</DELETED>
                <DELETED>    ``(B) Maintenance.--The allocator, each 
                allocation party, the Administrator, and the Attorney 
                General--</DELETED>
                        <DELETED>    ``(i) shall maintain the 
                        documents, materials, and records of any 
                        depositions or testimony adduced during the 
                        allocation as confidential; and</DELETED>
                        <DELETED>    ``(ii) shall not use any such 
                        document or material or the record in any other 
                        matter or proceeding or for any purpose other 
                        than the allocation process.</DELETED>
                <DELETED>    ``(C) Disclosure.--Notwithstanding any 
                other law, the documents and materials and the record 
                shall not be subject to disclosure to any person under 
                section 552 of title 5, United States Code.</DELETED>
                <DELETED>    ``(D) Discovery and admissibility.--
                </DELETED>
                        <DELETED>    ``(i) In general.--Subject to 
                        clause (ii), the documents and materials and 
                        the record shall not be subject to discovery or 
                        admissible in any other Federal, State, or 
                        local judicial or administrative proceeding, 
                        except--</DELETED>
                                <DELETED>    ``(I) a new allocation 
                                under subsection (m) or (r) for the 
                                same response action; or</DELETED>
                                <DELETED>    ``(II) an initial 
                                allocation under this section for a 
                                different response action at the same 
                                facility.</DELETED>
                        <DELETED>    ``(ii) Otherwise discoverable or 
                        admissible.--</DELETED>
                                <DELETED>    ``(I) Document or 
                                material.--If the original of any 
                                document or material submitted to the 
                                allocator or placed in the document 
                                repository was otherwise discoverable 
                                or admissible from a party, the 
                                original document, if subsequently 
                                sought from the party, shall remain 
                                discoverable or admissible.</DELETED>
                                <DELETED>    ``(II) Facts.--If a fact 
                                generated or obtained during the 
                                allocation was otherwise discoverable 
                                or admissible from a witness, testimony 
                                concerning the fact, if subsequently 
                                sought from the witness, shall remain 
                                discoverable or admissible.</DELETED>
        <DELETED>    ``(3) No waiver of privilege.--The submission of 
        testimony, a document, or information under the allocation 
        process shall not constitute a waiver of any privilege 
        applicable to the testimony, document, or information under any 
        Federal or State law or rule of discovery or 
        evidence.</DELETED>
        <DELETED>    ``(4) Procedure if disclosure sought.--</DELETED>
                <DELETED>    ``(A) Notice.--A person that receives a 
                request for a statement, document, or material 
                submitted for the record of an allocation proceeding, 
                shall--</DELETED>
                        <DELETED>    ``(i) promptly notify the person 
                        that originally submitted the item or testified 
                        in the allocation proceeding; and</DELETED>
                        <DELETED>    ``(ii) provide the person that 
                        originally submitted the item or testified in 
                        the allocation proceeding an opportunity to 
                        assert and defend the confidentiality of the 
                        item or testimony.</DELETED>
                <DELETED>    ``(B) Release.--No person may release or 
                provide a copy of a statement, document, or material 
                submitted, or the record of an allocation proceeding, 
                to any person not a party to the allocation except--
                </DELETED>
                        <DELETED>    ``(i) with the written consent of 
                        the person that originally submitted the item 
                        or testified in the allocation proceeding; 
                        or</DELETED>
                        <DELETED>    ``(ii) as may be required by court 
                        order.</DELETED>
        <DELETED>    ``(5) Civil penalty.--</DELETED>
                <DELETED>    ``(A) In general.--A person that fails to 
                maintain the confidentiality of any statement, 
                document, or material or the record generated or 
                obtained during an allocation proceeding, or that 
                releases any information in violation of this section, 
                shall be subject to a civil penalty of not more than 
                $25,000 per violation.</DELETED>
                <DELETED>    ``(B) Assessment of penalty.--A penalty 
                may be assessed by the Administrator in accordance with 
                section 109 or by any allocation party in a citizen 
                suit brought under section 310.</DELETED>
                <DELETED>    ``(C) Defenses.--In any administrative or 
                judicial proceeding, it shall be a complete defense 
                that any statement, document, or material or the record 
                at issue under subparagraph (A)--</DELETED>
                        <DELETED>    ``(i) was in, or subsequently 
                        became part of, the public domain, and did not 
                        become part of the public domain as a result of 
                        a violation of this subsection by the person 
                        charged with the violation;</DELETED>
                        <DELETED>    ``(ii) was already known by lawful 
                        means to the person receiving the information 
                        in connection with the allocation process; 
                        or</DELETED>
                        <DELETED>    ``(iii) became known to the person 
                        receiving the information after disclosure in 
                        connection with the allocation process and did 
                        not become known as a result of any violation 
                        of this subsection by the person charged with 
                        the violation.</DELETED>
<DELETED>    ``(l) Rejection of Allocation Report.--</DELETED>
        <DELETED>    ``(1) Rejection.--The Administrator and the 
        Attorney General may jointly reject a report issued by an 
        allocator only if the Administrator and the Attorney General 
        jointly publish, not later than 180 days after the 
        Administrator receives the report, a written determination 
        that--</DELETED>
                <DELETED>    ``(A) no rational interpretation of the 
                facts before the allocator, in light of the factors 
                required to be considered, would form a reasonable 
                basis for the shares assigned to the parties; 
                or</DELETED>
                <DELETED>    ``(B) the allocation process was directly 
                and substantially affected by bias, procedural error, 
                fraud, or unlawful conduct.</DELETED>
        <DELETED>    ``(2) Finality.--A report issued by an allocator 
        may not be rejected after the date that is 180 days after the 
        date on which the United States accepts a settlement offer 
        (excluding an expedited settlement under section 122) based on 
        the allocation.</DELETED>
        <DELETED>    ``(3) Judicial review.--Any determination by the 
        Administrator or the Attorney General under this subsection 
        shall not be subject to judicial review unless 2 successive 
        allocation reports relating to the same response action are 
        rejected, in which case any allocation party may obtain 
        judicial review of the second rejection in a United States 
        district court under subchapter II of chapter 5 of part I of 
        title 5, United States Code.</DELETED>
        <DELETED>    ``(4) Delegation.--The authority to make a 
        determination under this subsection may not be delegated to any 
        officer or employee below the level of an Assistant 
        Administrator or Acting Assistant Administrator or an Assistant 
        Attorney General or Acting Assistant Attorney General with 
        authority for implementing this Act.</DELETED>
<DELETED>    ``(m) Second and Subsequent Allocations.--</DELETED>
        <DELETED>    ``(1) In general.--If a report is rejected under 
        subsection (l), the allocation parties shall select an 
        allocator to perform, on an expedited basis, a new allocation 
        based on the same record available to the previous 
        allocator.</DELETED>
        <DELETED>    ``(2) Moratorium and tolling.--The moratorium and 
        tolling provisions of subsection (c) shall be extended until 
        the date that is 180 days after the date of the issuance of any 
        second or subsequent allocation report under paragraph 
        (1).</DELETED>
        <DELETED>    ``(3) Same allocator.--The allocation parties may 
        select the same allocator who performed 1 or more previous 
        allocations at the facility, except that the Administrator may 
        determine that an allocator whose previous report at the same 
        facility has been rejected under subsection (l) is unqualified 
        to serve.</DELETED>
<DELETED>    ``(n) Settlements Based on Allocations.--</DELETED>
        <DELETED>    ``(1) Definition.--In this subsection, the term 
        `all settlements' includes any orphan share allocated under 
        subsection (h).</DELETED>
        <DELETED>    ``(2) In general.--Unless an allocation report is 
        rejected under subsection (l), any allocation party at a 
        mandatory allocation facility (including an allocation party 
        whose allocated share is funded partially or fully by orphan 
        share funding under subsection (h)) shall be entitled to 
        resolve the liability of the party to the United States for 
        response actions subject to allocation if, not later than 90 
        days after the date of issuance of a report by the allocator, 
        the party--</DELETED>
                <DELETED>    ``(A) offers to settle with the United 
                States based on the allocated share specified by the 
                allocator; and</DELETED>
                <DELETED>    ``(B) agrees to the other terms and 
                conditions stated in this subsection.</DELETED>
        <DELETED>    ``(3) Provisions of settlements.--</DELETED>
                <DELETED>    ``(A) In general.--A settlement based on 
                an allocation under this section--</DELETED>
                        <DELETED>    ``(i) may consist of a cash-out 
                        settlement or an agreement for the performance 
                        of a response action; and</DELETED>
                        <DELETED>    ``(ii) shall include--</DELETED>
                                <DELETED>    ``(I) a waiver of 
                                contribution rights against all persons 
                                that are potentially responsible 
                                parties for any response action 
                                addressed in the settlement;</DELETED>
                                <DELETED>    ``(II) a covenant not to 
                                sue that is consistent with section 
                                122(f) and, except in the case of a 
                                cash-out settlement, provisions 
                                regarding performance or adequate 
                                assurance of performance of the 
                                response action;</DELETED>
                                <DELETED>    ``(III) a premium, 
                                calculated on a facility-specific basis 
                                and subject to the limitations on 
                                premiums stated in paragraph (5), that 
                                reflects the actual risk to the United 
                                States of not collecting unrecovered 
                                response costs for the response action, 
                                despite the diligent prosecution of 
                                litigation against any viable 
                                allocation party that has not resolved 
                                the liability of the party to the 
                                United States, except that no premium 
                                shall apply if all allocation parties 
                                participate in the settlement or if the 
                                settlement covers 100 percent of the 
                                response costs subject to the 
                                allocation;</DELETED>
                                <DELETED>    ``(IV) complete protection 
                                from all claims for contribution 
                                regarding the response action addressed 
                                in the settlement; and</DELETED>
                                <DELETED>    ``(V) provisions through 
                                which a settling party shall receive 
                                prompt contribution from the Fund under 
                                subsection (o) of any response costs 
                                incurred by the party for any response 
                                action that is the subject of the 
                                allocation in excess of the allocated 
                                share of the party, including the 
                                allocated portion of any orphan 
                                share.</DELETED>
                <DELETED>    ``(B) Right to contribution.--A right to 
                contribution under subparagraph (A)(ii)(V) shall not be 
                contingent on recovery by the United States of any 
                response costs from any person other than the settling 
                party.</DELETED>
        <DELETED>    ``(4) Report.--The Administrator shall report 
        annually to Congress on the administration of the allocation 
        process under this section, providing in the report--</DELETED>
                <DELETED>    ``(A) information comparing allocation 
                results with actual settlements at multiparty 
                facilities;</DELETED>
                <DELETED>    ``(B) a cumulative analysis of response 
                action costs recovered through post-allocation 
                litigation or settlements of post-allocation 
                litigation;</DELETED>
                <DELETED>    ``(C) a description of any impediments to 
                achieving complete recovery; and</DELETED>
                <DELETED>    ``(D) a complete accounting of the costs 
                incurred in administering and participating in the 
                allocation process.</DELETED>
        <DELETED>    ``(5) Premium.--In each settlement under this 
        subsection, the premium authorized--</DELETED>
                <DELETED>    ``(A) shall be determined on a case-by-
                case basis to reflect the actual litigation risk faced 
                by the United States with respect to any response 
                action addressed in the settlement; but</DELETED>
                <DELETED>    ``(B) shall not exceed--</DELETED>
                        <DELETED>    ``(i) 5 percent of the total costs 
                        assumed by a settling party if all settlements 
                        (including any orphan share) account for more 
                        than 80 percent and less than 100 percent of 
                        responsibility for the response 
                        action;</DELETED>
                        <DELETED>    ``(ii) 10 percent of the total 
                        costs assumed by a settling party if all 
                        settlements (including any orphan share) 
                        account for more than 60 percent and not more 
                        than 80 percent of responsibility for the 
                        response action;</DELETED>
                        <DELETED>    ``(iii) 15 percent of the total 
                        costs assumed by a settling party if all 
                        settlements (including any orphan share) 
                        account for more than 40 percent and not more 
                        than 60 percent of responsibility for the 
                        response action; or</DELETED>
                        <DELETED>    ``(iv) 20 percent of the total 
                        costs assumed by a settling party if all 
                        settlements (including any orphan share) 
                        account for 40 percent or less of 
                        responsibility for the response; and</DELETED>
                <DELETED>    ``(C) shall be reduced proportionally by 
                the percentage of the allocated share for that party 
                paid through orphan funding under subsection 
                (h).</DELETED>
<DELETED>    ``(o) Funding of Orphan Shares.--</DELETED>
        <DELETED>    ``(1) Contribution.--For each settlement agreement 
        entered into under subsection (n), the Administrator shall 
        promptly reimburse the allocation parties for any costs 
        incurred that are attributable to the orphan share, as 
        determined by the allocator.</DELETED>
        <DELETED>    ``(2) Entitlement.--Paragraph (1) constitutes an 
        entitlement to any allocation party eligible to receive a 
        reimbursement.</DELETED>
        <DELETED>    ``(3) Amounts owed.--</DELETED>
                <DELETED>    ``(A) Delay if funds are unavailable.--If 
                funds are unavailable in any fiscal year to reimburse 
                all allocation parties pursuant to paragraph (1), the 
                Administrator may delay payment until funds are 
                available.</DELETED>
                <DELETED>    ``(B) Priority.--The priority for 
                reimbursement shall be based on the length of time that 
                has passed since the settlement between the United 
                States and the allocation parties pursuant to 
                subsection (n).</DELETED>
                <DELETED>    ``(C) Payment from funds made available in 
                subsequent fiscal years.--Any amount due and owing in 
                excess of available appropriations in any fiscal year 
                shall be paid from amounts made available in subsequent 
                fiscal years, along with interest on the unpaid 
                balances at the rate equal to that of the current 
                average market yield on outstanding marketable 
                obligations of the United States with a maturity of 1 
                year.</DELETED>
        <DELETED>    ``(4) Documentation and auditing.--The 
        Administrator--</DELETED>
                <DELETED>    ``(A) shall require that any claim for 
                contribution be supported by documentation of actual 
                costs incurred; and</DELETED>
                <DELETED>    ``(B) may require an independent auditing 
                of any claim for contribution.</DELETED>
<DELETED>    ``(p) Post-Allocation Contribution.--</DELETED>
        <DELETED>    ``(1) In general.--An allocation party (including 
        a party that is subject to an order under section 106 or a 
        settlement decree) that incurs costs after the date of 
        enactment of this section for implementation of a response 
        action that is the subject of an allocation under this section 
        to an extent that exceeds the percentage share of the 
        allocation party, as determined by the allocator, shall be 
        entitled to prompt payment of contribution for the excess 
        amount, including any orphan share, from the Fund, unless the 
        allocation report is rejected under subsection (l).</DELETED>
        <DELETED>    ``(2) Not contingent.--The right to contribution 
        under paragraph (1) shall not be contingent on recovery by the 
        United States of a response cost from any other 
        person.</DELETED>
        <DELETED>    ``(3) Terms and conditions.--</DELETED>
                <DELETED>    ``(A) Risk premium.--A contribution 
                payment shall be reduced by the amount of the 
                litigation risk premium under subsection (n)(5) that 
                would apply to a settlement by the allocation party 
                concerning the response action, based on the total 
                allocated shares of the parties that have not reached a 
                settlement with the United States.</DELETED>
                <DELETED>    ``(B) Timing.--</DELETED>
                        <DELETED>    ``(i) In general.--A contribution 
                        payment shall be paid out during the course of 
                        the response action that was the subject of the 
                        allocation, using reasonable progress payments 
                        at significant milestones.</DELETED>
                        <DELETED>    ``(ii) Construction.--Contribution 
                        for the construction portion of the work shall 
                        be paid out not later than 120 days after the 
                        date of completion of the 
                        construction.</DELETED>
                <DELETED>    ``(C) Equitable offset.--A contribution 
                payment is subject to equitable offset or recoupment by 
                the Administrator at any time if the allocation party 
                fails to perform the work in a proper and timely 
                manner.</DELETED>
                <DELETED>    ``(D) Independent auditing.--The 
                Administrator may require independent auditing of any 
                claim for contribution.</DELETED>
                <DELETED>    ``(E) Waiver.--An allocation party seeking 
                contribution waives the right to seek recovery of 
                response costs in connection with the response action, 
                or contribution toward the response costs, from any 
                other person.</DELETED>
                <DELETED>    ``(F) Bar.--An administrative order shall 
                be in lieu of any action by the United States or any 
                other person against the allocation party for recovery 
                of response costs in connection with the response 
                action, or for contribution toward the costs of the 
                response action.</DELETED>
<DELETED>    ``(q) Post-Settlement Litigation.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to subsections (m) and 
        (n), and on the expiration of the moratorium period under 
        subsection (c)(4), the Administrator may commence an action 
        under section 107 against an allocation party that has not 
        resolved the liability of the party to the United States 
        following allocation and may seek to recover response costs not 
        recovered through settlements with other persons.</DELETED>
        <DELETED>    ``(2) Orphan share.--The recoverable costs shall 
        include any orphan share determined under subsection (h), but 
        shall not include any share allocated to a Federal, State, or 
        local governmental agency, department, or 
        instrumentality.</DELETED>
        <DELETED>    ``(3) Impleader.--A defendant in an action under 
        paragraph (1) may implead an allocation party only if the 
        allocation party did not resolve liability to the United 
        States.</DELETED>
        <DELETED>    ``(4) Certification.--In commencing or maintaining 
        an action under section 107 against an allocation party after 
        the expiration of the moratorium period under subsection 
        (c)(4), the Attorney General shall certify in the complaint 
        that the defendant failed to settle the matter based on the 
        share that the allocation report assigned to the 
        party.</DELETED>
        <DELETED>    ``(5) Response costs.--</DELETED>
                <DELETED>    ``(A) Allocation procedure.--The cost of 
                implementing the allocation procedure under this 
                section, including reasonable fees and expenses of the 
                allocator, shall be considered as a necessary response 
                cost.</DELETED>
                <DELETED>    ``(B) Funding of orphan shares.--The cost 
                attributable to funding an orphan share under this 
                section--</DELETED>
                        <DELETED>    ``(i) shall be considered as a 
                        necessary cost of response cost; and</DELETED>
                        <DELETED>    ``(ii) shall be recoverable in 
                        accordance with section 107 only from an 
                        allocation party that does not reach a 
                        settlement and does not receive an 
                        administrative order under subsection (n) or 
                        (p).</DELETED>
<DELETED>    ``(r) New Information.--</DELETED>
        <DELETED>    ``(1) In general.--An allocation under this 
        section shall be final, except that any settling party, 
        including the United States, may seek a new allocation with 
        respect to the response action that was the subject of the 
        settlement by presenting the Administrator with clear and 
        convincing evidence that--</DELETED>
                <DELETED>    ``(A) the allocator did not have 
                information concerning--</DELETED>
                        <DELETED>    ``(i) 35 percent or more of the 
                        materials containing hazardous substances at 
                        the facility; or</DELETED>
                        <DELETED>    ``(ii) 1 or more persons not 
                        previously named as an allocation party that 
                        contributed 15 percent or more of materials 
                        containing hazardous substances at the 
                        facility; and</DELETED>
                <DELETED>    ``(B) the information was discovered 
                subsequent to the issuance of the report by the 
                allocator.</DELETED>
        <DELETED>    ``(2) New allocation.--Any new allocation of 
        responsibility--</DELETED>
                <DELETED>    ``(A) shall proceed in accordance with 
                this section;</DELETED>
                <DELETED>    ``(B) shall be effective only after the 
                date of the new allocation report; and</DELETED>
                <DELETED>    ``(C) shall not alter or affect the 
                original allocation with respect to any response costs 
                previously incurred.</DELETED>
<DELETED>    ``(s) Discretion of Allocator.--A contract by which the 
Administrator retain an allocator shall give the allocator broad 
discretion to conduct the allocation process in a fair, efficient, and 
impartial manner, and the Administrator shall not issue any rule or 
order that limits the discretion of the allocator in the conduct of the 
allocation.</DELETED>
<DELETED>    ``(t) Illegal Activities.--Section 107 (o), (p), (q), (r), 
(s), (t), (u), (v), and (w) and section 112(g) shall not apply to any 
person whose liability for response costs under section 107(a)(1) is 
otherwise based on any act, omission, or status that is determined by a 
court or administrative body of competent jurisdiction, within the 
applicable statute of limitation, to have been a violation of any 
Federal or State law pertaining to the treatment, storage, disposal, or 
handling of hazardous substances if the violation pertains to a 
hazardous substance, the release or threat of release of which caused 
the incurrence of response costs at the vessel or 
facility.''.</DELETED>

<DELETED>SEC. 504. LIABILITY OF RESPONSE ACTION CONTRACTORS.</DELETED>

<DELETED>    (a) Liability of Contractors.--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:</DELETED>
                <DELETED>    ``(H) Liability of contractors.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The term `owner 
                        or operator' does not include a response action 
                        contractor (as defined in section 
                        119(e)).</DELETED>
                        <DELETED>    ``(ii) Liability limitations.--A 
                        person described in clause (i) shall not, in 
                        the absence of negligence by the person, be 
                        considered to--</DELETED>
                                <DELETED>    ``(I) cause or contribute 
                                to any release or threatened release of 
                                a hazardous substance, pollutant, or 
                                contaminant;</DELETED>
                                <DELETED>    ``(II) arrange for 
                                disposal or treatment of a hazardous 
                                substance, pollutant, or 
                                contaminant;</DELETED>
                                <DELETED>    ``(III) arrange with a 
                                transporter for transport or disposal 
                                or treatment of a hazardous substance, 
                                pollutant, or contaminant; or</DELETED>
                                <DELETED>    ``(IV) transport a 
                                hazardous substance, pollutant, or 
                                contaminant.</DELETED>
                        <DELETED>    ``(iii) Exception.--This 
                        subparagraph does not apply to a person 
                        potentially responsible under section 106 or 
                        107 other than a person associated solely with 
                        the provision of a response action or a service 
                        or equipment ancillary to a response 
                        action.''.</DELETED>
<DELETED>    (b) National Uniform Negligence Standard.--Section 119(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9619(a)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1) by striking ``title or under 
        any other Federal law'' and inserting ``title or under any 
        other Federal or State law''; and</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) by striking ``(2) Negligence, etc.--
                Paragraph (1)'' and inserting the following:</DELETED>
        <DELETED>    ``(2) Negligence and intentional misconduct; 
        application of state law.--</DELETED>
                <DELETED>    ``(A) Negligence and intentional 
                misconduct.--</DELETED>
                        <DELETED>    ``(i) In general.--Paragraph 
                        (1)''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(ii) Standard.--Conduct under 
                        clause (i) shall be evaluated based on the 
                        generally accepted standards and practices in 
                        effect at the time and place at which the 
                        conduct occurred.</DELETED>
                        <DELETED>    ``(iii) Plan.--An activity 
                        performed in accordance with a plan that was 
                        approved by the Administrator shall not be 
                        considered to constitute negligence under 
                        clause (i).</DELETED>
                <DELETED>    ``(B) Application of state law.--Paragraph 
                (1) shall not apply in determining the liability of a 
                response action contractor under the law of a State if 
                the State has adopted by statute a law determining the 
                liability of a response action contractor.''.</DELETED>
<DELETED>    (c) Extension of Indemnification Authority.--Section 
119(c)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9619(c)(1)) is amended by adding 
at the end the following: ``The agreement may apply to a claim for 
negligence arising under Federal or State law.''.</DELETED>
<DELETED>    (d) Indemnification Determinations.--Section 119(c) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9619(c)) is amended by striking paragraph (4) and 
inserting the following:</DELETED>
        <DELETED>    ``(4) Decision to indemnify.--</DELETED>
                <DELETED>    ``(A) In general.--For each response 
                action contract for a vessel or facility, the 
                Administrator shall make a decision whether to enter 
                into an indemnification agreement with a response 
                action contractor.</DELETED>
                <DELETED>    ``(B) Standard.--The Administrator shall 
                enter into an indemnification agreement to the extent 
                that the potential liability (including the risk of 
                harm to public health, safety, environment, and 
                property) involved in a response action exceed or are 
                not covered by insurance available to the contractor at 
                the time at which the response action contract is 
                entered into that is likely to provide adequate long-
                term protection to the public for the potential 
                liability on fair and reasonable terms (including 
                consideration of premium, policy terms, and 
                deductibles).</DELETED>
                <DELETED>    ``(C) Diligent efforts.--The Administrator 
                shall enter into an indemnification agreement only if 
                the Administrator determines that the response action 
                contractor has made diligent efforts to obtain 
                insurance coverage from non-Federal sources to cover 
                potential liabilities.</DELETED>
                <DELETED>    ``(D) Continued diligent efforts.--An 
                indemnification agreement shall require the response 
                action contractor to continue, not more frequently than 
                annually, to make diligent efforts to obtain insurance 
                coverage from non-Federal sources to cover potential 
                liabilities.</DELETED>
                <DELETED>    ``(E) Limitations on indemnification.--An 
                indemnification agreement provided under this 
                subsection shall include deductibles and shall place 
                limits on the amount of indemnification made available 
                in amounts determined by the contracting agency to be 
                appropriate in light of the unique risk factors 
                associated with the cleanup activity.''.</DELETED>
<DELETED>    (e) Indemnification for Threatened Releases.--Section 
119(c)(5)(A) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9619(c)(5)(A)) is amended by 
inserting ``or threatened release'' after ``release'' each place it 
appears.</DELETED>
<DELETED>    (f) Extension of Coverage to All Response Actions.--
Section 119(e)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9619(e)(1)) is 
amended--</DELETED>
        <DELETED>    (1) in subparagraph (D) by striking ``carrying out 
        an agreement under section 106 or 122''; and</DELETED>
        <DELETED>    (2) in the matter following subparagraph (D)--
        </DELETED>
                <DELETED>    (A) by striking ``any remedial action 
                under this Act at a facility listed on the National 
                Priorities List, or any removal under this Act,'' and 
                inserting ``any response action,''; and</DELETED>
                <DELETED>    (B) by inserting before the period at the 
                end the following: ``or to undertake appropriate action 
                necessary to protect and restore any natural resource 
                damaged by the release or threatened 
                release''.</DELETED>
<DELETED>    (g) Definition of Response Action Contractor.--Section 
119(e)(2)(A)(i) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9619(e)(2)(A)(i)) is 
amended by striking ``and is carrying out such contract'' and inserting 
``covered by this section and any person (including any subcontractor) 
hired by a response action contractor''.</DELETED>
<DELETED>    (h) Surety Bonds.--Section 119 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9619) is amended--</DELETED>
        <DELETED>    (1) in subsection (e)(2)(C) by striking ``, and 
        before January 1, 1996,''; and</DELETED>
        <DELETED>    (2) in subsection (g)(5) by striking ``, or after 
        December 31, 1995''.</DELETED>
<DELETED>    (i) National Uniform Statute of Repose.--Section 119 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9619) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(h) Limitation on Actions Against Response Action 
Contractors.--</DELETED>
        <DELETED>    ``(1) In general.--No action may be brought as a 
        result of the performance of services under a response contract 
        against a response action contractor after the date that is 7 
        years after the date of completion of work at any facility 
        under the contract to recover--</DELETED>
                <DELETED>    ``(A) injury to property, real or 
                personal;</DELETED>
                <DELETED>    ``(B) personal injury or wrongful 
                death;</DELETED>
                <DELETED>    ``(C) other expenses or costs arising out 
                of the performance of services under the contract; 
                or</DELETED>
                <DELETED>    ``(D) contribution or indemnity for 
                damages sustained as a result of an injury described in 
                subparagraphs (A) through (C).</DELETED>
        <DELETED>    ``(2) Exception.--Paragraph (1) does not bar 
        recovery for a claim caused by the conduct of the response 
        action contractor that is grossly negligent or that constitutes 
        intentional misconduct.</DELETED>
        <DELETED>    ``(3) Indemnification.--This subsection does not 
        affect any right of indemnification that a response action 
        contractor may have under this section or may acquire by 
        contract with any person.</DELETED>
<DELETED>    ``(i) State Standards of Repose.--Subsections (a)(1) and 
(h) shall not apply in determining the liability of a response action 
contractor if the State has enacted a statute of repose determining the 
liability of a response action contractor.''.</DELETED>

<DELETED>SEC. 505. RELEASE OF EVIDENCE.</DELETED>

<DELETED>    (a) Timely Access to Information Furnished Under Section 
104(e).--Section 104(e)(7)(A) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(e)(7)(A)) is amended by inserting after ``shall be available to 
the public'' the following: ``not later than 14 days after the records, 
reports, or information is obtained''.</DELETED>
<DELETED>    (b) Requirement To Provide Potentially Responsible Parties 
Evidence of Liability.--</DELETED>
        <DELETED>    (1) Abatement actions.--Section 106(a) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9606(a)) is amended--
        </DELETED>
                <DELETED>    (A) by striking ``(a) In addition'' and 
                inserting the following: ``(a) Order.--''</DELETED>
        <DELETED>    ``(1) In general.--In addition''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(2) Contents of order.--An order under paragraph 
        (1) shall provide information concerning the evidence that 
        indicates that each element of liability described in section 
        107(a)(1) (A), (B), (C), and (D), as applicable, is 
        present.''.</DELETED>
        <DELETED>    (2) Settlements.--Section 122(e)(1) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9622(e)(1)) is amended by 
        inserting after subparagraph (C) the following:</DELETED>
                <DELETED>    ``(D) For each potentially responsible 
                party, the evidence that indicates that each element of 
                liability contained in section 107(a)(1) (A), (B), (C), 
                and (D), as applicable, is present.''.</DELETED>

<DELETED>SEC. 506. CONTRIBUTION PROTECTION.</DELETED>

<DELETED>    Section 113(f)(2) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9613(f)(2)) is amended in the first sentence by inserting ``or cost 
recovery'' after ``contribution''.</DELETED>

<DELETED>SEC. 507. TREATMENT OF RELIGIOUS, CHARITABLE, SCIENTIFIC, AND 
              EDUCATIONAL ORGANIZATIONS AS OWNERS OR 
              OPERATORS.</DELETED>

<DELETED>    (a) Definition.--Section 101(20) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601(20)) (as amended by section 502(a)) is amended by adding at 
the end the following:</DELETED>
                <DELETED>    ``(I) Religious, charitable, scientific, 
                and educational organizations.--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 educational purposes and 
                that holds legal or equitable title to a vessel or 
                facility.''.</DELETED>
<DELETED>    (b) Limitation on Liability.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607) (as amended by section 501(b)) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(u) Religious, Charitable, Scientific, and Educational 
Organizations.--</DELETED>
        <DELETED>    ``(1) Limitation on liability.--Subject to 
        paragraph (2), if an organization described in section 
        101(20)(I) holds legal or equitable title to a vessel or 
        facility 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 liability of the organization 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.</DELETED>
        <DELETED>    ``(2) Conditions.--In order for an organization 
        described in section 101(20)(I) to be eligible for the limited 
        liability described in paragraph (1), the organization shall--
        </DELETED>
                <DELETED>    ``(A) provide full cooperation, 
                assistance, and vessel or facility access to persons 
                authorized to conduct response actions at the vessel or 
                facility, including the cooperation and access 
                necessary for the installation, preservation of 
                integrity, operation, and maintenance of any complete 
                or partial response action at the vessel or 
                facility;</DELETED>
                <DELETED>    ``(B) provide full cooperation and 
                assistance to the United States in identifying and 
                locating persons who recently owned, operated, or 
                otherwise controlled activities at the vessel or 
                facility;</DELETED>
                <DELETED>    ``(C) establish by a preponderance of the 
                evidence that all active disposal of hazardous 
                substances at the vessel or facility occurred before 
                the organization acquired the vessel or facility; 
                and</DELETED>
                <DELETED>    ``(D) establish by a preponderance of the 
                evidence that the organization did not cause or 
                contribute to a release or threatened release of 
                hazardous substances at the vessel or 
                facility.</DELETED>
        <DELETED>    ``(3) Limitation.--Nothing in this subsection 
        affects the liability of a person other than a person described 
        in section 101(20)(I) that meets the conditions specified in 
        paragraph (2).''.</DELETED>

<DELETED>SEC. 508. COMMON CARRIERS.</DELETED>

<DELETED>    Section 107(b)(3) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9607(b)(3)) is amended by striking ``a published tariff and 
acceptance'' and inserting ``a contract''.</DELETED>

<DELETED>SEC. 509. LIMITATION ON LIABILITY OF RAILROAD 
              OWNERS.</DELETED>

<DELETED>    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as amended by 
section 507(b)) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(v) Limitation on Liability of Railroad Owners.--
Notwithstanding subsection (a)(1), 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 railroad owner or operator, if--</DELETED>
        <DELETED>    ``(1) the spur track provides access to a main 
        line or branch line track that is owned or operated by the 
        railroad;</DELETED>
        <DELETED>    ``(2) the spur track is 10 miles long or less; 
        and</DELETED>
        <DELETED>    ``(3) the railroad owner or operator does not 
        cause or contribute to a release or threatened release at the 
        spur track.''.</DELETED>

<DELETED>SEC. 510. LIABILITY OF RECYCLERS.</DELETED>

<DELETED>    (a) Definitions.--Section 101 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601) (as amended by section 501(a)) is amended by adding at the 
end the following:</DELETED>
        <DELETED>    ``(47) Recyclable material.--The term `recyclable 
        material'--</DELETED>
                <DELETED>    ``(A) means--</DELETED>
                        <DELETED>    ``(i) scrap glass, paper, plastic, 
                        rubber, or textile;</DELETED>
                        <DELETED>    ``(ii) scrap metal; and</DELETED>
                        <DELETED>    ``(iii) a spent battery; 
                        and</DELETED>
                <DELETED>    ``(B) includes small amounts of any type 
                of material that is incident to or adherent to material 
                described in subparagraph (A) as a result of the normal 
                and customary use of the material prior to the 
                exhaustion of the useful life of the 
                material.</DELETED>
        <DELETED>    ``(48) Scrap metal.--The term `scrap metal'--
        </DELETED>
                <DELETED>    ``(A) means--</DELETED>
                        <DELETED>    ``(i) scrap metal (as that term is 
                        defined by the Administrator for purposes of 
                        the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                        seq.) in section 261.1(c)(6) of title 40, Code 
                        of Federal Regulations, or any successor 
                        regulation); and</DELETED>
                        <DELETED>    ``(ii) a metal byproduct (such as 
                        slag, skimming, or dross) that is not 1 of the 
                        primary products of, and is not solely or 
                        separately produced by, a production process; 
                        but</DELETED>
                <DELETED>    ``(B) does not include--</DELETED>
                        <DELETED>    ``(i) any steel shipping container 
                        that--</DELETED>
                                <DELETED>    ``(I) has (or, when 
                                intact, had) a capacity of not less 
                                than 30 and not more than 3,000 liters; 
                                and</DELETED>
                                <DELETED>    ``(II) has any hazardous 
                                substance contained in or adherent to 
                                it (not including any small pieces of 
                                metal that may remain after a hazardous 
                                substance has been removed from the 
                                container or any alloy or other 
                                material that may be chemically or 
                                metallurgically bonded in the steel 
                                itself); or</DELETED>
                        <DELETED>    ``(ii) any material described in 
                        subparagraph (A) that the Administrator may by 
                        regulation exclude from the meaning of the term 
                        based on a finding that inclusion of the 
                        material within the meaning of the term would 
                        result in a threat to human health or the 
                        environment.''.</DELETED>
<DELETED>    (b) Liability of Recyclers.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607) (as amended by section 509) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(w) Liability of Recyclers.--</DELETED>
        <DELETED>    ``(1) Applicability of subsection.--Subject to 
        paragraph (10), this subsection shall be applied to determine 
        the liability of any person with respect to a transaction 
        engaged in before, on, or after the date of enactment of this 
        subsection.</DELETED>
        <DELETED>    ``(2) Relief from liability.--Except as provided 
        in paragraph (6), a person that arranges for the recycling of 
        recyclable material shall not be liable under subsection (a)(1) 
        (C) or (D).</DELETED>
        <DELETED>    ``(3) Scrap glass, paper, plastic, rubber, or 
        textile.--For the purposes of paragraph (2), a person shall be 
        considered to arrange for the recycling of scrap glass, paper, 
        plastic, rubber, or textile if the person sells or otherwise 
        arranges for the recycling of the recyclable material in a 
        transaction in which, at the time of the transaction--
        </DELETED>
                <DELETED>    ``(A) the recyclable material meets a 
                commercial specification;</DELETED>
                <DELETED>    ``(B) a market exists for the recyclable 
                material;</DELETED>
                <DELETED>    ``(C) a substantial portion of the 
                recyclable material is made available for use as a 
                feedstock for the manufacture of a new saleable 
                product; and</DELETED>
                <DELETED>    ``(D)(i) the recyclable material is a 
                replacement or substitute for a virgin raw material; 
                or</DELETED>
                <DELETED>    ``(ii) the product to be made from the 
                recyclable material is a replacement or substitute for 
                a product made, in whole or in part, from a virgin raw 
                material.</DELETED>
        <DELETED>    ``(4) Scrap metal.--For the purposes of paragraph 
        (2), a person shall be considered to arrange for the recycling 
        of scrap metal if the person sells or otherwise arranges for 
        the recycling of the scrap metal in a transaction in which, at 
        the time of the transaction--</DELETED>
                <DELETED>    ``(A) the conditions stated in 
                subparagraphs (A) through (D) of paragraph (3) are met; 
                and</DELETED>
                <DELETED>    ``(B) in the case of a transaction that 
                occurs after the effective date of a standard, 
                established by the Administrator by regulation under 
                the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
                regarding the storage, transport, management, or other 
                activity associated with the recycling of scrap metal, 
                the person is in compliance with the 
                standard.</DELETED>
        <DELETED>    ``(5) Spent batteries.--</DELETED>
                <DELETED>    ``(A) In general.--For the purposes of 
                paragraph (1), a person shall be considered to arrange 
                for the recycling of a spent lead-acid battery, nickel-
                cadmium battery, or other battery if the person sells 
                or otherwise arranges for the recycling of the battery 
                in a transaction in which, at the time of the 
                transaction--</DELETED>
                        <DELETED>    ``(i) the conditions stated in 
                        subparagraphs (A) through (D) of paragraph (3) 
                        are met;</DELETED>
                        <DELETED>    ``(ii) the person does not reclaim 
                        the valuable components of the battery; 
                        and</DELETED>
                        <DELETED>    ``(iii) in the case of a 
                        transaction that occurs after the effective 
                        date of a standard, established by the 
                        Administrator by regulation under authority of 
                        the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                        seq.) or the Mercury-Containing and 
                        Rechargeable Battery Management Act), regarding 
                        the storage, transport, management, or other 
                        activity associated with the recycling of 
                        batteries, the person is in compliance with the 
                        standard.</DELETED>
                <DELETED>    ``(B) Tolling arrangements.--A person 
                that, by contract, arranges for reclamation and 
                smelting of a battery by a third party not a party to a 
                transaction under subparagraph (A) and receives from 
                the third party material reclaimed from the battery 
                shall not, by reason of the receipt of the reclaimed 
                material, be considered to reclaim the valuable 
                components of the battery for purposes of subparagraph 
                (A)(ii).</DELETED>
        <DELETED>    ``(6) Grounds for establishing liability.--
        </DELETED>
                <DELETED>    ``(A) In general.--A person that arranges 
                for the recycling of recyclable material that would be 
                liable under subsection (a)(1) (C) or (D) but for 
                paragraph (2) shall be liable notwithstanding that 
                paragraph if--</DELETED>
                        <DELETED>    ``(i) the person has an 
                        objectively reasonable basis to believe at the 
                        time of the recycling transaction that--
                        </DELETED>
                                <DELETED>    ``(I) the recyclable 
                                material will not be 
                                recycled;</DELETED>
                                <DELETED>    ``(II) the recyclable 
                                material will be burned as fuel, for 
                                energy recovery or 
                                incineration;</DELETED>
                                <DELETED>    ``(III) the consuming 
                                facility is not in compliance with a 
                                substantive provision (including a 
                                requirement to obtain a permit for 
                                handling, processing, reclamation, or 
                                other management activity associated 
                                with recyclable material) of any 
                                Federal, State, or local environmental 
                                law (including a regulation), or a 
                                compliance order or decree issued under 
                                such a law, applicable to the handling, 
                                processing, reclamation, or other 
                                management activity associated with the 
                                recyclable material; or</DELETED>
                                <DELETED>    ``(IV) a hazardous 
                                substance has been added to the 
                                recyclable material for purposes other 
                                than processing for 
                                recycling;</DELETED>
                        <DELETED>    ``(ii) the person fails to 
                        exercise reasonable care with respect to the 
                        management or handling of the recyclable 
                        material (for which purpose a failure to adhere 
                        to customary industry practices current at the 
                        time of the recycling transaction designed to 
                        minimize, through source control, contamination 
                        of the recyclable material by hazardous 
                        substances shall be considered to be a failure 
                        to exercise reasonable care); or</DELETED>
                        <DELETED>    ``(iii) any item of the recyclable 
                        material contains--</DELETED>
                                <DELETED>    ``(I) polychlorinated 
                                biphenyls at a concentration in excess 
                                of 50 parts per million (or any 
                                different concentration specified in 
                                any applicable standard that may be 
                                issued under other Federal law after 
                                the date of enactment of this 
                                subsection); or</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                transaction involving scrap paper, any 
                                concentration of a hazardous substance 
                                that the Administrator determines by 
                                regulation, issued after the date of 
                                enactment of this subsection and before 
                                the date of the transaction, to be 
                                likely to cause significant risk to 
                                human health or the environment as a 
                                result of its inclusion in the paper 
                                recycling process.</DELETED>
                <DELETED>    ``(B) Objectively reasonable basis for 
                belief.--Whether a person has an objectively reasonable 
                basis for belief described in subparagraph (A)(i) shall 
                be determined using criteria that include--</DELETED>
                        <DELETED>    ``(i) the size of the person's 
                        business;</DELETED>
                        <DELETED>    ``(ii) customary industry 
                        practices (including practices designed to 
                        minimize, through source control, contamination 
                        of recyclable material by hazardous 
                        substances);</DELETED>
                        <DELETED>    ``(iii) the price paid or received 
                        in the recycling transaction; and</DELETED>
                        <DELETED>    ``(iv) the ability of the person 
                        to detect the nature of the consuming 
                        facility's operations concerning handling, 
                        processing, or reclamation of the recyclable 
                        material or other management activities 
                        associated with the recyclable 
                        material.</DELETED>
        <DELETED>    ``(7) Regulations.--The Administrator may issue a 
        regulation that clarifies the meaning of any term used in this 
subsection or by any other means makes clear the application of this 
subsection to any person.</DELETED>
        <DELETED>    ``(8) Liability for attorney's fees for certain 
        actions.--A person that, after the date of enactment of this 
        subsection, commences a civil action in contribution against a 
        person that is not liable by operation of this subsection shall 
        be liable to that person for all reasonable costs of defending 
        the action, including all reasonable attorney's fees and expert 
        witness fees.</DELETED>
        <DELETED>    ``(9) Relationship to liability under other 
        laws.--Nothing in this subsection shall affect--</DELETED>
                <DELETED>    ``(A) liability under any other Federal, 
                State, or local law (including a regulation); 
                or</DELETED>
                <DELETED>    ``(B) the authority of the Administrator 
                to issue regulations under the Solid Waste Disposal Act 
                (42 U.S.C. 6901 et seq.) or any other law.</DELETED>
        <DELETED>    ``(10) Transition rules.--</DELETED>
                <DELETED>    ``(A) Decree or order entered prior to 
                january 1, 1997.--This subsection shall not affect any 
                judicial decree or order that was entered or any 
                administrative order that became effective prior to 
                January 1, 1997, unless, as of the date of enactment of 
                this subsection, the judicial decree or order remained 
                subject to appeal or the administrative order remained 
                subject to judicial review.</DELETED>
                <DELETED>    ``(B) Decree or order entered on or after 
                january 1, 1997.--Any consent decree with the United 
                States, administrative order, or judgment in favor of 
                the United States that was entered, or in the case of 
                an administrative order, became effective, on or after 
                January 1, 1997, and before the date of enactment of 
                this subsection shall be reopened at the request of any 
                party to the recycling transaction for a determination 
                of the party's liability to the United States based on 
                this subsection.</DELETED>
                <DELETED>    ``(C) Effect on nonrecyclers.--</DELETED>
                        <DELETED>    ``(i) Costs borne by the united 
                        states.--All costs attributable to a recycling 
                        transaction that, absent this subsection, would 
                        be borne by a person that is relieved of 
                        liability (in whole or in part) by this 
                        subsection shall be borne by the United States, 
                        to the extent that the person is relieved of 
                        liability.</DELETED>
                        <DELETED>    ``(ii) No recovery from the united 
                        states.--Notwithstanding clause (i), no person 
                        shall be entitled to recover any sums paid to 
                        the United States prior to the date of 
                        enactment of this subsection in satisfaction of 
                        any liability attributable to a recycling 
                        transaction.</DELETED>
                <DELETED>    ``(D) Contribution among parties to 
                recycling transactions.--Notwithstanding the other 
                provisions of this subsection, a person that is 
                relieved of liability by this subsection, but incurred 
                response costs for a response action taken prior to the 
                date of enactment of this subsection, may bring a civil 
                action for contribution for the costs against--
                </DELETED>
                        <DELETED>    ``(i) any person that is liable 
                        under section 107(a)(1) (A) or (B); 
                        or</DELETED>
                        <DELETED>    ``(ii) any person that, before the 
                        date of enactment of this subsection--
                        </DELETED>
                                <DELETED>    ``(I) received and failed 
                                to comply with an administrative order 
                                issued under section 104 or 106; 
                                or</DELETED>
                                <DELETED>    ``(II) received and did 
                                not accept a written offer from the 
                                United States to enter into a consent 
                                decree or administrative 
                                order.''.</DELETED>

            <DELETED>TITLE VI--FEDERAL FACILITIES</DELETED>

<DELETED>SEC. 601. TRANSFER OF AUTHORITIES.</DELETED>

<DELETED>    Section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended by 
striking subsection (g) and inserting the following:</DELETED>
<DELETED>    ``(g) Transfer of Authorities.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this section:</DELETED>
                <DELETED>    ``(A) Interagency agreement.--The term 
                `interagency agreement' means an interagency agreement 
                under this section.</DELETED>
                <DELETED>    ``(B) Transfer agreement.--The term 
                `transfer agreement' means a transfer agreement under 
                paragraph (3).</DELETED>
                <DELETED>    ``(C) Transferee state.--The term 
                `transferee State' means a State to which authorities 
                have been transferred under a transfer 
                agreement.</DELETED>
        <DELETED>    ``(2) State application for transfer of 
        authorities.--A State may apply to the Administrator to 
        exercise the authorities vested in the Administrator under this 
        Act at any facility located in the State that is--</DELETED>
                <DELETED>    ``(A) owned or operated by any department, 
                agency, or instrumentality of the United States 
                (including the executive, legislative, and judicial 
                branches of government); and</DELETED>
                <DELETED>    ``(B) listed on the National Priorities 
                List.</DELETED>
        <DELETED>    ``(3) Transfer of authorities.--</DELETED>
                <DELETED>    ``(A) Determinations.--The Administrator 
                shall enter into a transfer agreement to transfer to a 
                State the authorities described in paragraph (2) if the 
                Administrator determines that--</DELETED>
                        <DELETED>    ``(i) 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;</DELETED>
                        <DELETED>    ``(ii) the State has demonstrated 
                        experience in exercising similar 
                        authorities;</DELETED>
                        <DELETED>    ``(iii) the State has agreed to be 
                        bound by all Federal requirements and standards 
                        under section 133 governing the design and 
                        implementation of the facility evaluation, 
                        remedial action plan, and remedial design; 
                        and</DELETED>
                        <DELETED>    ``(iv) the State has agreed to 
                        abide by the terms of any interagency agreement 
                        or agreements covering the Federal facility or 
                        facilities with respect to which authorities 
                        are being transferred in effect at the time of 
                        the transfer of authorities.</DELETED>
                <DELETED>    ``(B) Contents of transfer agreement.--A 
                transfer agreement--</DELETED>
                        <DELETED>    ``(i) shall incorporate the 
                        determinations of the Administrator under 
                        subparagraph (A); and</DELETED>
                        <DELETED>    ``(ii) in the case of a transfer 
                        agreement covering a facility with respect to 
                        which there is no interagency agreement that 
                        specifies a dispute resolution process, shall 
                        require that within 120 days after the 
                        effective date of the transfer agreement, the 
                        State shall agree with the head of the Federal 
                        department, agency, or instrumentality that 
                        owns or operates the facility on a process for 
                        resolution of any disputes between the State 
                        and the Federal department, agency, or 
                        instrumentality regarding the selection of a 
                        remedial action for the facility; and</DELETED>
                        <DELETED>    ``(iii) shall not impose on the 
                        transferee State any term or condition other 
                        than that the State meet the requirements of 
                        subparagraph (A).</DELETED>
        <DELETED>    ``(4) Effect of transfer.--</DELETED>
                <DELETED>    ``(A) State authorities.--A transferee 
                State--</DELETED>
                        <DELETED>    ``(i) shall not be deemed to be an 
                        agent of the Administrator but shall exercise 
                        the authorities transferred under a transfer 
                        agreement in the name of the State; 
                        and</DELETED>
                        <DELETED>    ``(ii) shall have exclusive 
                        authority to exercise authorities that have 
                        been transferred.</DELETED>
                <DELETED>    ``(B) Effect on interagency agreements.--
                Nothing in this subsection shall require, authorize, or 
                permit the modification or revision of an interagency 
                agreement covering a facility with respect to which 
                authorities have been transferred to a State under a 
                transfer agreement (except for the substitution of the 
                transferee State for the Administrator in the terms of 
                the interagency agreement, including terms stating 
                obligations intended to preserve the confidentiality of 
                information) without the written consent of the 
                Governor of the State and the head of the department, 
                agency, or instrumentality.</DELETED>
        <DELETED>    ``(5) Selected remedial action.--The remedial 
        action selected for a facility under section 133 by a 
        transferee State shall constitute the only remedial action 
        required to be conducted at the facility, and the transferee 
        State shall be precluded from enforcing any other remedial 
        action requirement under Federal or State law, except for--
        </DELETED>
                <DELETED>    ``(A) any corrective action under the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) that 
                was initiated prior to the date of enactment of this 
                subsection; and</DELETED>
                <DELETED>    ``(B) any remedial action in excess of 
                remedial action under section 133 that the State 
                selects in accordance with paragraph (10).</DELETED>
        <DELETED>    ``(6) Deadline.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                make a determination on an application by a State under 
                paragraph (2) not later than 120 days after the date on 
                which the Administrator receives the 
                application.</DELETED>
                <DELETED>    ``(B) Failure to act.--If the 
                Administrator does not issue a notice of approval or 
                notice of disapproval of an application within the time 
                period stated in subparagraph (A), the application 
                shall be deemed to have been granted.</DELETED>
        <DELETED>    ``(7) Resubmission of application.--</DELETED>
                <DELETED>    ``(A) In general.--If the Administrator 
                disapproves an application under paragraph (1), the 
                State may resubmit the application at any time after 
                receiving the notice of disapproval.</DELETED>
                <DELETED>    ``(B) Failure to act.--If the 
                Administrator does not issue a notice of approval or 
                notice of disapproval of a resubmitted application 
                within the time period stated in paragraph (6)(A), the 
                resubmitted application shall be deemed to have been 
                granted.</DELETED>
        <DELETED>    ``(8) Judicial review.--The State (but no other 
        person) shall be entitled to judicial review under section 
        113(b) of a disapproval of a resubmitted application.</DELETED>
        <DELETED>    ``(9) Withdrawal of authorities.--The 
        Administrator may withdraw the authorities transferred under a 
        transfer agreement in whole or in part if the Administrator 
        determines that the State--</DELETED>
                <DELETED>    ``(A) is exercising the authorities, in 
                whole or in part, in a manner that is inconsistent with 
                the requirements of this Act;</DELETED>
                <DELETED>    ``(B) has violated the transfer agreement, 
                in whole or in part; or</DELETED>
                <DELETED>    ``(C) no longer meets one of the 
                requirements of paragraph (3).</DELETED>
        <DELETED>    ``(10) State cost responsibility.--The State may 
        require a remedial action that exceeds the remedial action 
        selection requirements of section 121 if the State pays the 
        incremental cost of implementing that remedial action over the 
        most cost-effective remedial action that would result from the 
        application of section 133.</DELETED>
        <DELETED>    ``(11) Dispute resolution and enforcement.--
        </DELETED>
                <DELETED>    ``(A) Dispute resolution.--</DELETED>
                        <DELETED>    ``(i) Facilities covered by both a 
                        transfer agreement and an interagency 
                        agreements.--In the case of a facility with 
                        respect to which there is both a transfer 
                        agreement and an interagency agreement, if the 
                        State does not concur in the remedial action 
                        proposed for selection by the Federal 
                        department, agency, or instrumentality, the 
                        Federal department, agency, or instrumentality 
                        and the State shall engage in the dispute 
                        resolution process provided for in the 
                        interagency agreement, except that the final 
                        level for resolution of the dispute shall be 
                        the head of the Federal department, agency, or 
                        instrumentality and the Governor of the 
                        State.</DELETED>
                        <DELETED>    ``(ii) Facilities covered by a 
                        transfer agreement but not an interagency 
                        agreement.--In the case of a facility with 
                        respect to which there is a transfer agreement 
                        but no interagency agreement, if the State does 
                        not concur in the remedial action proposed for 
                        selection by the Federal department, agency, or 
                        instrumentality, the Federal department, 
                        agency, or instrumentality and the State shall 
                        engage in dispute resolution as provided in 
                        paragraph (3)(B)(ii) under which the final 
                        level for resolution of the dispute shall be 
                        the head of the Federal department, agency, or 
                        instrumentality and the Governor of the 
                        State.</DELETED>
                        <DELETED>    ``(iii) Failure to resolve.--If no 
                        agreement is reached between the head of the 
                        Federal department, agency, or instrumentality 
                        and the Governor in a dispute resolution  
                        process  under  clause  (i)  or (ii), the 
                        Governor of the State shall make the final 
                        determination regarding selection of a remedial 
                        action. To compel implementation of the State's 
                        selected remedy, the State must bring a civil 
                        action in United States district 
                        court.</DELETED>
                <DELETED>    ``(B) Enforcement.--</DELETED>
                        <DELETED>    ``(i) Authority; jurisdiction.--An 
                        interagency agreement with respect to which 
                        there is a transfer agreement or an order 
                        issued by a transferee State shall be 
                        enforceable by a transferee State or by the 
                        Federal department, agency, or instrumentality 
                        that is a party to the interagency agreement 
                        only in the United States district court for 
                        the district in which the facility is 
                        located.</DELETED>
                        <DELETED>    ``(ii) Remedies.--The district 
                        court shall--</DELETED>
                                <DELETED>    ``(I) enforce compliance 
                                with any provision, standard, 
                                regulation, condition, requirement, 
                                order, or final determination that has 
                                become effective under the interagency 
                                agreement;</DELETED>
                                <DELETED>    ``(II) impose any 
                                appropriate civil penalty provided for 
                                any violation of an interagency 
                                agreement, not to exceed $25,000 per 
                                day;</DELETED>
                                <DELETED>    ``(III) compel 
                                implementation of the selected remedial 
                                action; and</DELETED>
                                <DELETED>    ``(IV) review a challenge 
                                by the Federal department, agency, or 
                                instrumentality to the remedial action 
                                selected by the State under this 
                                section, in accordance with section 
                                113(j).</DELETED>
        <DELETED>    ``(12) Community participation.--If, prior to the 
        date of enactment of this section, a Federal department, 
        agency, or instrumentality had established for a facility 
        covered by a transfer agreement a facility-specific advisory 
        board or other community-based advisory group (designated as a 
        `site-specific advisory board', a `restoration advisory board', 
        or otherwise), and the Administrator determines that the board 
        or group is willing and able to perform the responsibilities of 
        a community response organization under section 117(e)(2), the 
        board or group--</DELETED>
                <DELETED>    ``(A) shall be considered to be a 
                community response organization for the purposes of 
                section 117 (e) (2), (3), (4), and (9), and (g) and 
                sections 131 and 133; but</DELETED>
                <DELETED>    ``(B) shall not be required to comply 
                with, and shall not be considered to be a community 
                response organization for the purposes of, section 117 
                (e) (1), (5), (6), (7), or (8) or (f).''.</DELETED>

<DELETED>SEC. 602. LIMITATION ON CRIMINAL LIABILITY OF FEDERAL 
              OFFICERS, EMPLOYEES, AND AGENTS.</DELETED>

<DELETED>    Section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(k) Criminal Liability.--Notwithstanding any other 
provision of this Act or any other law, an officer, employee, or agent 
of the United States shall not be held criminally liable for a failure 
to comply, in any fiscal year, with a requirement to take a response 
action at a facility that is owned or operated by a department, agency, 
or instrumentality of the United States, under this Act, the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.), or any other Federal or 
State law unless--</DELETED>
        <DELETED>    ``(1) the officer, employee, or agent has not 
        fully performed any direct responsibility or delegated 
        responsibility that the officer, employee, or agent had under 
        Executive Order 12088 (42 U.S.C. 4321 note) or any other 
        delegation of authority to ensure that a request for funds 
        sufficient to take the response action was included in the 
        President's budget request under section 1105 of title 31, 
        United States Code, for that fiscal year; or</DELETED>
        <DELETED>    ``(2) appropriated funds were available to pay for 
        the response action.''.</DELETED>

<DELETED>SEC. 603. INNOVATIVE TECHNOLOGIES FOR REMEDIAL ACTION AT 
              FEDERAL FACILITIES.</DELETED>

<DELETED>    (a) In General.--Section 311 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9660) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(h) Federal Facilities.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Use of facilities.--</DELETED>
                <DELETED>    ``(A) In general.--A facility designated 
                under paragraph (1) shall be made available to Federal 
                departments and agencies, State departments and 
                agencies, and public and private instrumentalities, to 
                carry out activities described in paragraph 
                (1).</DELETED>
                <DELETED>    ``(B) Coordination.--The Administrator--
                </DELETED>
                        <DELETED>    ``(i) shall coordinate the use of 
                        the facilities with the departments, agencies, 
                        and instrumentalities of the United States; 
                        and</DELETED>
                        <DELETED>    ``(ii) may approve or deny the use 
                        of a particular innovative technology for 
                        remedial action at any such facility.</DELETED>
        <DELETED>    ``(3) Considerations.--</DELETED>
                <DELETED>    ``(A) Evaluation of schedules and 
                penalties.--In considering whether to permit the 
                application of a particular innovative technology for 
                remedial action at a facility designated under 
                paragraph (1), the Administrator shall evaluate the 
                schedules and penalties applicable to the facility 
                under any agreement or order entered into under section 
                120.</DELETED>
                <DELETED>    ``(B) Amendment of agreement or order.--
                If, after an evaluation under subparagraph (A), the 
                Administrator determines that there is a need to amend 
                any agreement or order entered into pursuant to section 
                120, the Administrator shall comply with all provisions 
                of the agreement or order, respectively, relating to 
                the amendment of the agreement or order.''.</DELETED>
<DELETED>    (b) Report to Congress.--Section 311(e) of Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9660(e)) is amended--</DELETED>
        <DELETED>    (1) by striking ``At the time'' and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) In general.--At the time''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(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).''.</DELETED>

         <DELETED>TITLE VII--NATURAL RESOURCE DAMAGES</DELETED>

<DELETED>SEC. 701. RESTORATION OF NATURAL RESOURCES.</DELETED>

<DELETED>    Section 107(f) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)) 
is amended--</DELETED>
        <DELETED>    (1) by inserting ``Natural Resource Damages.--'' 
        after ``(f)'';</DELETED>
        <DELETED>    (2) by striking ``(1) Natural Resources 
        Liability.--In the case'' and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) Liability.--</DELETED>
                <DELETED>    ``(A) In general.--In the case''; 
                and</DELETED>
        <DELETED>    (3) in paragraph (1)(A), as designated by 
        paragraph (2)--</DELETED>
                <DELETED>    (A) by inserting after the fourth sentence 
                the following: ``Sums recovered by an Indian tribe as 
                trustee under this subsection shall be available for 
                use only for restoration, replacement, or acquisition 
                of the equivalent of such natural resources by the 
                Indian tribe. A restoration, replacement, or 
                acquisition conducted by the United States, a State, or 
                an Indian tribe shall proceed only if it is 
                technologically feasible from an engineering 
                perspective at a reasonable cost and consistent with 
                all known or anticipated response actions at or near 
                the facility.''; and</DELETED>
                <DELETED>    (B) by striking ``The measure of damages 
                in any action'' and all that follows through the end of 
                the paragraph and inserting the following:</DELETED>
                <DELETED>    ``(B) Limitations on liability.--
                </DELETED>
                        <DELETED>    ``(i) Measure of damages.--The 
                        measure of damages in any action for damages 
                        for injury to, destruction of, or loss of 
                        natural resources shall be limited to--
                        </DELETED>
                                <DELETED>    ``(I) the reasonable costs 
                                of restoration, replacement, or 
                                acquisition of the equivalent of 
                                natural resources that suffer injury, 
                                destruction, or loss caused by a 
                                release; and</DELETED>
                                <DELETED>    ``(II) the reasonable 
                                costs of assessing damages.</DELETED>
                        <DELETED>    ``(ii) Nonuse values.--There shall 
                        be no recovery under this Act for any 
                        impairment of nonuse values.</DELETED>
                        <DELETED>    ``(iii) No double recovery.--A 
                        person that obtains a recovery of damages, 
                        response costs, assessment costs, or any other 
                        costs under this Act for the costs of restoring 
                        an injury to or destruction or loss of a 
                        natural resource (including injury assessment 
                        costs) shall not be entitled to recovery under 
                        this Act or any other Federal or State law for 
                        the same injury to or destruction or loss of 
                        the natural resource.</DELETED>
                        <DELETED>    ``(iv) Restrictions on recovery.--
                        </DELETED>
                                <DELETED>    ``(I) Limitation on lost 
                                use damages.--There shall be no 
                                recovery from any person under this 
                                section for the costs of a loss of use 
                                of a natural resource for a natural 
                                resource injury, destruction, or loss 
                                that occurred before December 11, 
                                1980.</DELETED>
                                <DELETED>    ``(II) Restoration, 
                                replacement, or acquisition.--There 
                                shall be no recovery from any person 
                                under this section for the costs of 
                                restoration, replacement, or 
                                acquisition of the equivalent of a 
                                natural resource if the natural 
                                resource injury, destruction, or loss 
                                for which the restoration, replacement, 
                                or acquisition is sought and the 
                                release of the hazardous substance from 
                                which the injury resulted occurred 
                                wholly before December 11, 
                                1980.''.</DELETED>

<DELETED>SEC. 702. ASSESSMENT OF INJURY TO AND RESTORATION OF NATURAL 
              RESOURCES.</DELETED>

<DELETED>    (a) Natural Resource Injury and Restoration Assessments.--
Section 107(f)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)) is 
amended by striking subparagraph (C) and inserting the 
following:</DELETED>
                <DELETED>    ``(C) Natural resource injury and 
                restoration assessment.--</DELETED>
                        <DELETED>    ``(i) Regulation.--A natural 
                        resource injury and restoration assessment 
                        conducted for the purposes of this Act made by 
                        a Federal, State, or tribal trustee shall be 
                        performed, to the extent practicable, in 
                        accordance with--</DELETED>
                                <DELETED>    ``(I) the regulation 
                                issued under section 301(c); 
                                and</DELETED>
                                <DELETED>    ``(II) generally accepted 
                                scientific and technical standards and 
                                methodologies to ensure the validity 
                                and reliability of assessment 
                                results.</DELETED>
                        <DELETED>    ``(ii) Facility-specific 
                        conditions.--Injury assessment, 
restoration planning, and quantification of restoration costs shall, to 
the extent practicable, be based on facility-specific 
information.</DELETED>
                        <DELETED>    ``(iii) Recoverable costs.--A 
                        trustee's claim for assessment costs--
                        </DELETED>
                                <DELETED>    ``(I) may include only--
                                </DELETED>
                                        <DELETED>    ``(aa) costs that 
                                        arise from work performed for 
                                        the purpose of assessing injury 
                                        to a natural resource to 
                                        support a claim for restoration 
                                        of the natural resource; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) costs that 
                                        arise from developing and 
                                        evaluating a reasonable range 
                                        of alternative restoration 
                                        measures; but</DELETED>
                                <DELETED>    ``(II) may not include the 
                                costs of conducting any type of study 
                                relying on the use of contingent 
                                valuation methodology.</DELETED>
                        <DELETED>    ``(iv) Payment period.--In a case 
                        in which injury to or destruction or loss of a 
                        natural resource was caused by a release that 
                        occurred over a period of years, payment of 
                        damages shall be permitted to be made over a 
                        period of years that is appropriate in view of 
                        the period of time over which the damages 
                        occurred, the amount of the damages, the 
                        financial ability of the responsible party to 
                        pay the damages, and the time period over which 
                        and the pace at which expenditures are expected 
                        to be made for restoration, replacement, and 
                        acquisition activities.</DELETED>
                        <DELETED>    ``(v) Trustee restoration plans.--
                        </DELETED>
                                <DELETED>    ``(I) Administrative 
                                record.--Participating natural resource 
                                trustees may designate a lead 
                                administrative trustee or trustees. The 
                                lead administrative trustee may 
                                establish an administrative record on 
                                which the trustees will base the 
                                selection of a plan for restoration of 
                                a natural resource. The restoration 
                                plan shall include a determination of 
                                the nature and extent of the natural 
                                resource injury. The administrative 
                                record shall be made available to the 
                                public at or near the facility at which 
                                the release occurred.</DELETED>
                                <DELETED>    ``(II) Public 
                                participation.--The Administrator shall 
                                issue a regulation for the 
                                participation of interested persons, 
                                including potentially responsible 
                                parties, in the development of the 
                                administrative record on which the 
                                trustees will base selection of a 
                                restoration plan and on which judicial 
                                review of restoration plans will be 
                                based. The procedures for participation 
                                shall include, at a minimum, each of 
                                the requirements stated in section 
                                113(k)(2)(B).''.</DELETED>
<DELETED>    (b) Regulations.--Section 301 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9651) is amended by striking subsection (c) and inserting the 
following:</DELETED>
<DELETED>    ``(c) Regulations for Injury and Restoration 
Assessments.--</DELETED>
        <DELETED>    ``(1) In general.--The President, acting through 
        Federal officials designated by the National Contingency Plan 
        under section 107(f)(2), shall issue a regulation for the 
        assessment of injury to natural resources and the costs of 
        restoration of natural resources (including the costs of 
        assessment) for the purposes of this Act and for determination 
        of the time periods in which payment of damages will be 
        required.</DELETED>
        <DELETED>    ``(2) Contents.--The regulation under paragraph 
        (1) shall--</DELETED>
                <DELETED>    ``(A) specify protocols for conducting 
                assessments in individual cases to determine the 
                injury, destruction, or loss of natural 
                resources;</DELETED>
                <DELETED>    ``(B) identify the best available 
                procedures to determine the reasonable costs of 
                restoration and assessment;</DELETED>
                <DELETED>    ``(C) take into consideration the ability 
                of a natural resource to recover naturally and the 
                availability of replacement or alternative 
                resources;</DELETED>
                <DELETED>    ``(D) provide for the designation of a 
                single lead Federal decisionmaking trustee for each 
                facility at which an injury to natural resources has 
                occurred within 180 days after the date of first notice 
                to the responsible parties that an assessment of injury 
                and restoration alternatives will be made; 
                and</DELETED>
                <DELETED>    ``(E) set forth procedures under which--
                </DELETED>
                        <DELETED>    ``(i) all pending and potential 
                        trustees identify the injured natural resources 
                        within their respective trust responsibilities, 
                        and the authority under which such 
                        responsibilities are established, as soon as 
                        practicable after the date on which a release 
                        occurs;</DELETED>
                        <DELETED>    ``(ii) assessment of injury and 
                        restoration alternatives will be coordinated to 
                        the greatest extent practicable between the 
                        lead Federal decisionmaking trustee and any 
                        present or potential State or tribal trustees, 
                        as applicable; and</DELETED>
                        <DELETED>    ``(iii) time periods for payment 
                        of damages in accordance with section 
                        107(f)(2)(C)(iv) shall be determined.</DELETED>
        <DELETED>    ``(3) Deadline for issuance of regulation; 
        periodic review.--The regulation under paragraph (1) shall be 
        issued not later than 1 year after the date of enactment of the 
        Superfund Cleanup Acceleration Act of 1997 and shall be 
        reviewed and revised as appropriate every 5 years.''.</DELETED>

<DELETED>SEC. 703. CONSISTENCY BETWEEN RESPONSE ACTIONS AND RESOURCE 
              RESTORATION STANDARDS.</DELETED>

<DELETED>    (a) Restoration Standards and Alternatives.--Section 
107(f) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9607(f)) is amended by adding at the 
end the following:</DELETED>
        <DELETED>    ``(3) Compatibility with remedial action.--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 
        not be inconsistent with one another and shall be implemented, 
        to the extent practicable, in a coordinated and integrated 
        manner.''.</DELETED>
<DELETED>    (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)) (as amended 
by section 402(1)) is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(6) Coordination.--In evaluating and selecting 
        remedial actions, the Administrator shall take into account the 
        potential for injury to a natural resource resulting from such 
        actions.''.</DELETED>

<DELETED>SEC. 704. CONTRIBUTION.</DELETED>

<DELETED>    Subparagraph (A) of section 113(f)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9613(f)(1)) is amended in the third sentence by inserting ``and 
natural resource damages'' after ``costs''.</DELETED>

              <DELETED>TITLE VIII--MISCELLANEOUS</DELETED>

<DELETED>SEC. 801. RESULT-ORIENTED CLEANUPS.</DELETED>

<DELETED>    (a) Amendment.--Section 105(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9605(a)) is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of paragraph 
        (9);</DELETED>
        <DELETED>    (2) by striking the period at the end of paragraph 
        (10) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (10) the 
        following:</DELETED>
        <DELETED>    ``(11) procedures for conducting response actions, 
        including facility evaluations, remedial investigations, 
        feasibility studies, remedial action plans, remedial designs, 
        and remedial actions, which procedures shall--</DELETED>
                <DELETED>    ``(A) use a results-oriented approach to 
                minimize the time required to conduct response measures 
                and reduce the potential for exposure to the hazardous 
                substances, pollutants, and contaminants in an 
efficient, timely, and cost-effective manner;</DELETED>
                <DELETED>    ``(B) require, at a minimum, expedited 
                facility evaluations and risk assessments, timely 
                negotiation of response action goals, a single 
                engineering study, streamlined oversight of response 
                actions, and consultation with interested parties 
                throughout the response action process;</DELETED>
                <DELETED>    ``(C) be subject to the requirements of 
                sections 117, 120, 121, and 133 in the same manner and 
                to the same degree as those sections apply to response 
                actions; and</DELETED>
                <DELETED>    ``(D) be required to be used for each 
                remedial action conducted under this Act unless the 
                Administrator determines that their use would not be 
                cost-effective or result in the selection of a response 
                action that achieves the goals of protecting human 
                health and the environment stated in section 
                121(a)(1)(B).''.</DELETED>
<DELETED>    (b) Amendment of National Hazardous Substance Response 
Plan.--Not later than 180 days after the date of enactment of this Act, 
the Administrator, after notice and opportunity for public comment, 
shall amend the National Hazardous Substance Response Plan under 
section 105(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)) to include 
the procedures required by the amendment made by subsection 
(a).</DELETED>

<DELETED>SEC. 802. NATIONAL PRIORITIES LIST.</DELETED>

<DELETED>    Section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9605) (as amended by 
section 407(a)(2)) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(i) National Priorities List.--</DELETED>
        <DELETED>    ``(1) Limitation.--</DELETED>
                <DELETED>    ``(A) In general.--After the date of the 
                enactment of this subsection, the President may add 
                vessels and facilities to the National Priorities List 
                only in accordance with the following 
                schedule:</DELETED>
                        <DELETED>    ``(i) Not more than 30 vessels and 
                        facilities in 1997.</DELETED>
                        <DELETED>    ``(ii) Not more than 25 vessels 
                        and facilities in 1998.</DELETED>
                        <DELETED>    ``(iii) Not more than 20 vessels 
                        and facilities in 1999.</DELETED>
                        <DELETED>    ``(iv) Not more than 15 vessels 
                        and facilities in 2000.</DELETED>
                        <DELETED>    ``(v) Not more than 10 vessels and 
                        facilities in any year after 2000.</DELETED>
                <DELETED>    ``(B) Relisting.--The relisting of a 
                vessel or facility under section 130(d)(5)(C)(ii) shall 
                not be considered to be an addition to the National 
                Priorities List for purposes of this 
                subsection.</DELETED>
        <DELETED>    ``(2) Prioritization.--The Administrator shall 
        prioritize the vessels and facilities added under paragraph (1) 
        on a national basis in accordance with the threat to human 
        health and the environment presented by each of the vessels and 
        facilities, respectively.</DELETED>
        <DELETED>    ``(3) State concurrence.--A vessel or facility may 
        be added to the National Priorities List under paragraph (1) 
        only with the concurrence of the Governor of the State in which 
        the vessel or facility is located.''.</DELETED>

<DELETED>SEC. 803. OBLIGATIONS FROM THE FUND FOR RESPONSE 
              ACTIONS.</DELETED>

<DELETED>    Section 104(c)(1) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(c)(1)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (C) 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 any removal action at a 
        facility.'';</DELETED>
        <DELETED>    (2) by striking ``$2,000,000'' and inserting 
        ``$4,000,000''; and</DELETED>
        <DELETED>    (3) by striking ``12 months'' and inserting ``2 
        years''.</DELETED>

                  <DELETED>TITLE IX--FUNDING</DELETED>

           <DELETED>Subtitle A--General Provisions</DELETED>

<DELETED>SEC. 901. AUTHORIZATION OF APPROPRIATIONS FROM THE 
              FUND.</DELETED>

<DELETED>    Section 111(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) 
is amended in the first sentence by striking ``not more than 
$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 ``a total of $8,500,000,000 
for fiscal years 1998, 1999, 2000, 2001, and 2002''.</DELETED>

<DELETED>SEC. 902. ORPHAN SHARE FUNDING.</DELETED>

<DELETED>    Section 111(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)), 
as amended by section 301(c), is amended by inserting after paragraph 
(8) the following:</DELETED>
        <DELETED>    ``(9) Orphan share funding.--Payment of orphan 
        shares under section 136.''.</DELETED>

<DELETED>SEC. 903. DEPARTMENT OF HEALTH AND HUMAN SERVICES.</DELETED>

<DELETED>    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended by 
striking subsection (m) and inserting the following:</DELETED>
<DELETED>    ``(m) Health Authorities.--There are authorized to be 
appropriated from the Fund to the Secretary of Health and Human 
Services to be used for the purposes of carrying out the activities 
described in subsection (c)(4) and the activities described in section 
104(i), $50,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 
and 2002. Funds appropriated under this subsection for a fiscal year, 
but not obligated by the end of the fiscal year, shall be returned to 
the Fund.''.</DELETED>

<DELETED>SEC. 904. LIMITATIONS ON RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION PROGRAMS.</DELETED>

<DELETED>    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended by 
striking subsection (n) and inserting the following:</DELETED>
<DELETED>    ``(n) Limitations on Research, Development, and 
Demonstration Programs.--</DELETED>
        <DELETED>    ``(1) Alternative or innovative technologies 
        research, development, and demonstration programs.--</DELETED>
                <DELETED>    ``(A) Limitation.--For each of fiscal 
                years 1998, 1999, 2000, 2001, and 2002, not more than 
                $30,000,000 of the amounts available in the Fund may be 
                used for the purposes of carrying out the applied 
                research, development, and demonstration program for 
                alternative or innovative technologies and training 
                program authorized under section 311(b) other than 
                basic research.</DELETED>
                <DELETED>    ``(B) Continuing availability.--Such 
                amounts shall remain available until 
                expended.</DELETED>
        <DELETED>    ``(2) Hazardous substance research, demonstration, 
        and training.--</DELETED>
                <DELETED>    ``(A) Limitation.--From the amounts 
                available in the Fund, not more than the following 
                amounts may be used for the purposes of section 
                311(a):</DELETED>
                        <DELETED>    ``(i) For fiscal year 1998, 
                        $37,000,000.</DELETED>
                        <DELETED>    ``(ii) For fiscal year 1999, 
                        $39,000,000.</DELETED>
                        <DELETED>    ``(iii) For fiscal year 2000, 
                        $41,000,000.</DELETED>
                        <DELETED>    ``(iv) For each of fiscal years 
                        2001 and 2002, $43,000,000.</DELETED>
                <DELETED>    ``(B) Further limitation.--No more than 15 
                percent of such amounts shall be used for training 
                under section 311(a) for any fiscal year.</DELETED>
        <DELETED>    ``(3) University hazardous substance research 
        centers.--For each of fiscal years 1998, 1999, 2000, 2001, and 
        2002, not more than $5,000,000 of the amounts available in the 
        Fund may be used for the purposes of section 
        311(d).''.</DELETED>

<DELETED>SEC. 905. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL 
              REVENUES.</DELETED>

<DELETED>    Section 111(p) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(p)) 
is amended by striking paragraph (1) and inserting the 
following:</DELETED>
        <DELETED>    ``(1) Authorization of appropriations.--</DELETED>
                <DELETED>    ``(A) In general.--There are authorized to 
                be appropriated, out of any money in the Treasury not 
                otherwise appropriated, to the Hazardous Substance 
                Superfund--</DELETED>
                        <DELETED>    ``(i) for fiscal year 1998, 
                        $250,000,000;</DELETED>
                        <DELETED>    ``(ii) for fiscal year 1999, 
                        $250,000,000;</DELETED>
                        <DELETED>    ``(iii) for fiscal year 2000, 
                        $250,000,000;</DELETED>
                        <DELETED>    ``(iv) for fiscal year 2001, 
                        $250,000,000; and</DELETED>
                        <DELETED>    ``(v) for fiscal year 2002, 
                        $250,000,000.</DELETED>
                <DELETED>    ``(B) Additional amounts.--There is 
                authorized to be appropriated to the Hazardous 
                Substance Superfund for each such fiscal year an 
                amount, in addition to the amount authorized by 
                subparagraph (A), equal to so much of the aggregate 
                amount authorized to be appropriated under this 
                subsection and section 9507(b) of the Internal Revenue 
                Code of 1986 as has not been appropriated before the 
                beginning of the fiscal year.''.</DELETED>

<DELETED>SEC. 906. ADDITIONAL LIMITATIONS.</DELETED>

<DELETED>    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) (as amended by 
section 102(c)) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(t) Community Response Organization.--For the period 
commencing January 1, 1997, and ending September 30, 2002, not more 
than $15,000,000 of the amounts available in the Fund may be used to 
make grants under section 117(f) (relating to Community Response 
Organizations).</DELETED>
<DELETED>    ``(u) Recoveries.--Effective beginning January 1, 1997, 
any response cost recoveries collected by the United States under this 
Act shall be credited as offsetting collections to the Superfund 
appropriations account.''.</DELETED>

<DELETED>SEC. 907. REIMBURSEMENT OF POTENTIALLY RESPONSIBLE 
              PARTIES.</DELETED>

<DELETED>    Section 111(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) 
(as amended by section 902) is amended by inserting after paragraph (9) 
the following:</DELETED>
        <DELETED>    ``(10) Reimbursement of potentially responsible 
        parties.--If--</DELETED>
                <DELETED>    ``(A) a potentially responsible party and 
                the Administrator enter into a settlement under this 
                Act under which the Administrator is reimbursed for the 
                response costs of the Administrator; and</DELETED>
                <DELETED>    ``(B) the Administrator determines, 
                through a Federal audit of response costs, that the 
                costs for which the Administrator is reimbursed--
                </DELETED>
                        <DELETED>    ``(i) are unallowable due to 
                        contractor fraud;</DELETED>
                        <DELETED>    ``(ii) are unallowable under the 
                        Federal Acquisition Regulation; or</DELETED>
                        <DELETED>    ``(iii) should be adjusted due to 
                        routine contract and Environmental Protection 
                        Agency response cost audit 
                        procedures,</DELETED>
        <DELETED>a potentially responsible party may be reimbursed for 
        those costs.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Superfund Cleanup 
Acceleration Act of 1998''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

                  TITLE I--BROWNFIELDS REVITALIZATION

Sec. 101. Brownfields.
Sec. 102. Assistance for qualifying State voluntary response programs.
Sec. 103. Enforcement in cases of a release subject to a State plan.
Sec. 104. Contiguous properties.
Sec. 105. Prospective purchasers and windfall liens.
Sec. 106. Safe harbor innocent landholders.

                          TITLE II--STATE ROLE

Sec. 201. Transfer to the States of responsibility at non-Federal 
                            National Priorities List facilities.

                TITLE III--LOCAL COMMUNITY PARTICIPATION

Sec. 301. Definitions.
Sec. 302. Public participation generally.
Sec. 303. Improvement of public participation in the superfund 
                            decisionmaking process; local community 
                            advisory groups; technical assistance 
                            grants.
Sec. 304. Technical outreach services for communities.
Sec. 305. Agency for Toxic Substances and Disease Registry.
Sec. 306. Understandable presentation of materials.
Sec. 307. No impediment to response actions.

                TITLE IV--SELECTION OF REMEDIAL ACTIONS

Sec. 401. Definitions.
Sec. 402. Selection and implementation of remedial actions.
Sec. 403. Remedy selection methodology.
Sec. 404. Remedy selection procedures.
Sec. 405. Completion of physical construction and delisting.
Sec. 406. Transition rules for facilities currently involved in remedy 
                            selection.
Sec. 407. National Priorities List.

                           TITLE V--LIABILITY

Sec. 501. Liability exceptions and limitations.
Sec. 502. Contribution from the fund.
Sec. 503. Expedited settlement for certain parties.
Sec. 504. Allocation of liability for certain facilities.
Sec. 505. Certain facilities owned by local governments.
Sec. 506. Liability of response action contractors.
Sec. 507. Release of evidence.
Sec. 508. Contribution protection.
Sec. 509. Treatment of religious, charitable, scientific, and 
                            educational organizations as owners or 
                            operators.
Sec. 510. Common carriers.
Sec. 511. Limitation on liability of railroad owners.
Sec. 512. Liability of recyclers.
Sec. 513. Requirement that cooperation, assistance, and access be 
                            provided.

                      TITLE VI--FEDERAL FACILITIES

Sec. 601. Transfer of authorities.
Sec. 602. Innovative technologies for remedial action at Federal 
                            facilities.
Sec. 603. Full compliance by Federal entities and facilities.

                  TITLE VII--NATURAL RESOURCE DAMAGES

Sec. 701. Restoration of natural resources.
Sec. 702. Consistency between response actions and resource restoration 
                            standards.
Sec. 703. Contribution.
Sec. 704. Mediation.
Sec. 705. Coeur d'Alene basin.
Sec. 706. Effective date.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Result-oriented cleanups.
Sec. 802. Obligations from the fund for response actions.
Sec. 803. Recycled oil.
Sec. 804. Law enforcement agencies not included as owner or operator.
Sec. 805. Lead in soil.
Sec. 806. Pesticides applied in compliance with law.
Sec. 807. Technical corrections.

                           TITLE IX--FUNDING

Sec. 901. Authorization of appropriations from the fund.
Sec. 902. Orphan share funding.
Sec. 903. Department of health and human services.
Sec. 904. Limitations on research, development, and demonstration 
                            programs.
Sec. 905. Authorization of appropriations from general revenues.
Sec. 906. Additional limitations.
Sec. 907. Reimbursement of potentially responsible parties.

                  TITLE I--BROWNFIELDS REVITALIZATION

SEC. 101. BROWNFIELDS.

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

``SEC. 127. BROWNFIELDS.

    ``(a) Definitions.--In this section:
            ``(1) Brownfield facility.--
                    ``(A) In general.--The term `brownfield facility' 
                means real property, the expansion or redevelopment of 
                which is complicated by the presence or potential 
                presence of a hazardous substance.
                    ``(B) Exclusions.--The term `brownfield facility' 
                does not include--
                            ``(i) any portion of real property that, as 
                        of the date of submission of an application for 
                        assistance under this section, is the subject 
                        of an ongoing removal under title I;
                            ``(ii) any portion of real property that 
                        has been listed on the National Priorities List 
                        or is proposed for listing as of the date of 
                        the submission of an application for assistance 
                        under this section;
                            ``(iii) any portion of real property with 
                        respect to which cleanup work is proceeding in 
                        substantial compliance with the requirements of 
                        an administrative order on consent, or judicial 
                        consent decree that has been entered into, or a 
                        permit issued by, the United States or a duly 
                        authorized State under this Act, the Solid 
                        Waste Disposal Act (42 U.S.C. 6901 et seq.), 
                        section 311 of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1321), the Toxic 
                        Substances Control Act (15 U.S.C. 2601 et 
                        seq.), or the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            ``(iv) a land disposal unit with respect to 
                        which--
                                    ``(I) a closure notification under 
                                subtitle C of the Solid Waste Disposal 
                                Act (42 U.S.C. 6921 et seq.) has been 
                                submitted; and
                                    ``(II) closure requirements have 
                                been specified in a closure plan or 
                                permit;
                            ``(v) a facility that is owned or operated 
                        by a department, agency, or instrumentality of 
                        the United States; or
                            ``(vi) a portion of a facility, for which 
                        portion, assistance for response activity has 
                        been obtained under subtitle I of the Solid 
                        Waste Disposal Act (42 U.S.C. 6991 et seq.) 
                        from the Leaking Underground Storage Tank Trust 
                        Fund established under section 9508 of the 
                        Internal Revenue Code of 1986.
                    ``(C) Facilities other than brownfield 
                facilities.--That a facility may not be a brownfield 
                facility within the meaning of subparagraph (A) has no 
                effect on the eligibility of the facility for 
                assistance under any provision of Federal law other 
                than this section.
            ``(2) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' 
                means--
                            ``(i) a general purpose unit of local 
                        government;
                            ``(ii) a land clearance authority or other 
                        quasi-governmental entity that operates under 
                        the supervision and control of or as an agent 
                        of a general purpose unit of local government;
                            ``(iii) a government entity created by a 
                        State legislature;
                            ``(iv) a regional council or group of 
                        general purpose units of local government;
                            ``(v) a redevelopment agency that is 
                        chartered or otherwise sanctioned by a State;
                            ``(vi) a State; and
                            ``(vii) an Indian Tribe.
                    ``(B) Exclusion.--The term `eligible entity' does 
                not include any entity that is not in substantial 
                compliance with the requirements of an administrative 
                order on consent, judicial consent decree that has been 
                entered into, or a permit issued by, the United States 
                or a duly authorized State under this Act, the Solid 
                Waste Disposal Act (42 U.S.C. 6901 et seq.), the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.), the Toxic Substances Control Act (15 U.S.C. 2601 
                et seq.), or the Safe Drinking Water Act (42 U.S.C. 
                300f et seq.) with respect to any portion of real 
                property that is the subject of the administrative 
                order on consent, judicial consent decree, or permit.
            ``(3) Facility subject to state cleanup.--The term 
        `facility subject to State cleanup' means a facility that--
                    ``(A) is not listed or proposed for listing on the 
                National Priorities List; and
                            ``(i) has been archived from the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Information System;
                            ``(ii) was included on the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Information System before the date of 
                        enactment of this section and is not listed or 
                        proposed for listing on the National Priorities 
                        List within 2 years after the date of enactment 
                        of this section; or
                            ``(iii) is included on the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Information System after the date of 
                        enactment of this section, if at least 2 years 
                        have elapsed since the earlier of--
                                    ``(I) inclusion of the facility on 
                                the Comprehensive Environmental 
                                Response, Compensation, and Liability 
                                Information System; or
                                    ``(II) issuance at the facility of 
                                an order under section 106(a).
    ``(b) Brownfield Grant Program.--
            ``(1) Establishment of program.--The Administrator shall 
        establish a program to provide grants for the site 
        characterization and assessment of brownfield facilities and 
        performance of response actions at brownfield facilities.
            ``(2) Assistance for site characterization and assessment 
        and response actions.--
                    ``(A) In general.--On approval of an application 
                made by an eligible entity, the Administrator may make 
                grants out of the Fund to the eligible entity to be 
                used for the site characterization and assessment of 
                and response actions at 1 or more brownfield facilities 
                or to capitalize a revolving loan fund.
                    ``(B) Site characterization and assessment.--A site 
                characterization and assessment carried out with the 
                use of a grant under subparagraph (A)--
                            ``(i) shall be performed in accordance with 
                        section 101(35)(B); and
                            ``(ii) may include a process to identify 
                        and inventory potential brownfield facilities.
            ``(3) Maximum grant amount.--
                    ``(A) In general.--A grant under subparagraph (A) 
                shall not exceed, with respect to any individual 
                brownfield facility covered by the grant, $350,000 in 
                total.
                    ``(B) Waiver.--The Administrator may waive the 
                $350,000 limitation under subparagraph (A) based on the 
                anticipated level of contamination, size, or status of 
                ownership of the facility.
            ``(4) General provisions.--
                    ``(A) Prohibition.--
                            ``(i) In general.--No part of a grant under 
                        this section may be used for payment of 
                        penalties, fines, or administrative costs.
                            ``(ii) Exclusions.--For the purposes of 
                        clause (i), the term `administrative cost' does 
                        not include the cost of--
                                    ``(I) investigation and 
                                identification of the extent of 
                                contamination;
                                    ``(II) design and performance of a 
                                response action; or
                                    ``(III) monitoring of natural 
                                resources.
                    ``(B) Audits.--The Inspector General of the 
                Environmental Protection Agency shall conduct such 
                reviews or audits of loans under subsection (c) or 
                grants under this subsection as the Inspector General 
                considers necessary to carry out the objectives of this 
                section. Audits shall be conducted in accordance with 
                the auditing procedures of the General Accounting 
                Office, including chapter 75 of title 31, United States 
                Code.
                    ``(C) Leveraging.--An eligible entity that receives 
                a grant under this section may use the funds for part 
                of a project at a brownfield facility for which funding 
                is received from other sources, but the grant shall be 
                used only for the purposes described in subsection 
                (b)(2) or (c)(2).
    ``(c) State Loan Funds.--
            ``(1) Grants to states to establish state loan funds.--
                    ``(A) In general.--The Administrator shall offer to 
                enter into agreements with eligible States to make 
                capitalization grants, including letters of credit, to 
                the States to further objectives of this Act, promote 
                the efficient use of fund resources, and for other 
                purposes as are specified in this Act. The 
                Administrator may enter into an agreement with a city, 
                county, or regional association of governments, 
                provided that the area covered by the agreement has a 
                population greater than 1 million persons, in a State 
                that has elected not to enter into an agreement with 
                the Administrator. Eligible entities in a State, city, 
                county or region covered by an agreement shall be 
                eligible to receive assistance from the State loan fund 
                in lieu of assistance from the Administrator under 
                subsection (b).
                    ``(B) Establishment of fund.--To be eligible to 
                receive a capitalization grant under this subsection, a 
                State, city, county or regional association of 
                governments shall establish a brownfields revolving 
                loan fund (referred to in this subsection as a `State 
                loan fund') and comply with the other requirements of 
                this subsection. Each grant to a State, city, county or 
                regional association of governments under this 
                subsection shall be deposited in the State loan fund.
                    ``(C) Extended period.--The grant to a State loan 
                fund shall be available to the State loan fund for 
                obligation during the fiscal year for which the funds 
                are authorized and during the following fiscal year.
                    ``(D) Allotment formula.--Except as otherwise 
                provided in this subsection, funds made available to 
                carry out this subsection shall be allotted to State 
                loan funds that are established by agreements pursuant 
                to this section in accordance with a formula developed 
                by the Administrator through a regulatory negotiation 
                and reflecting the number of potential brownfields 
                facilities in areas covered by agreements and the level 
                of effort made by each State, city, county or regional 
                association of governments to return brownfields to 
                beneficial uses. The formula shall reserve sufficient 
                funds to provide assistance to eligible entities in 
                areas not covered by agreements. The Administrator 
                shall update the formula not less often than 
                biennially.
                    ``(E) Reallotment.--The grants not obligated by the 
                last day of the period for which the grants are 
                available shall be reallotted according to the formula 
                established under subparagraph (D).
            ``(2) Use of funds.--Amounts deposited in a State loan 
        fund, including loan repayments and interest earned on such 
        amounts, shall be used only for providing loans or loan 
        guarantees, or as a source of reserve and security for 
        leveraged loans, the proceeds of which are deposited in a State 
        loan fund established under paragraph (1), or other financial 
        assistance authorized under this subsection to eligible 
        entities. Funds from capitalization grants shall not be used 
        for the acquisition of real property or interests therein. 
        Nothing in this subsection shall be interpreted to preclude the 
        use of other funds deposited in a State loan fund to acquire 
        real property or to preclude an eligible entity from acquiring 
        real property.
            ``(3) Intended use plans.--
                    ``(A) In general.--After providing for public 
                review and comment, each State, city, county or 
                regional association of governments that has entered 
                into a capitalization agreement pursuant to this 
                subsection shall annually prepare a plan that 
                identifies the intended uses of the amounts available 
                to the State loan fund.
                    ``(B) Contents.--An intended use plan shall 
                include--
                            ``(i) a list of the projects to be assisted 
                        in the first fiscal year that begins after the 
                        date of the plan, including a description of 
                        the projects and the expected terms of 
                        financial assistance;
                            ``(ii) the criteria and methods established 
                        for the distribution of funds; and
                            ``(iii) a description of the financial 
                        status of the State loan fund and the short-
                        term and long-term goals of the State loan 
                        fund.
            ``(4) Fund management.--Each State loan fund under this 
        subsection shall be established, maintained, and credited with 
        repayments and interest. The fund corpus shall be available in 
        perpetuity for providing financial assistance under this 
        subsection. To the extent amounts in the fund are not required 
        for current obligation or expenditure, such amounts shall be 
        invested in interest bearing obligations.
            ``(5) Additional assistance.--
                    ``(A) Subsidy.--Notwithstanding any other provision 
                of this subsection, a State loan fund may--
                            ``(i) provide additional subsidization 
                        (including forgiveness of principal) to an 
                        eligible entity; and
                            ``(ii) provide assistance to the State for 
                        the purpose of conducting response actions at 
                        facilities the ownership of which or control 
                        over which was acquired by a law enforcement 
                        agency through seizure or otherwise in 
                        connection with law enforcement activity.
                    ``(B) Total amount of subsidies.--For each fiscal 
                year, the total amount of subsidies made from the 
                corpus or capitalization grant of a State loan fund 
                pursuant to subparagraph (A) may not exceed 30 percent 
                of the amount of the capitalization grant received by 
                the State loan fund for that year.
            ``(6) Non-federal contribution.--
                    ``(A) In general.--Each agreement under paragraph 
                (1) shall require that the State, city, county or 
                regional association of governments deposit in the 
                State loan fund from non-Federal moneys an amount equal 
                to at least 20 percent of the total amount of the 
                capitalization grant to be made to the State loan fund 
                on or before the date on which the grant payment is 
                made to the State loan fund.
                    ``(B) Source.--Resources used to satisfy the 
                requirement of subparagraph (A) may be drawn from any 
                non-Federal source.
                    ``(C) In-kind contributions.--A contribution of 
                labor, materials, or services may be used to satisfy 
                the requirement of subparagraph (A).
            ``(7) Types of assistance.--Except as otherwise limited by 
        State law, the amounts deposited into a State loan fund under 
        this subsection may be used only--
                    ``(A) to make loans, on the condition that--
                            ``(i) the interest rate for each loan is 
                        less than or equal to the market interest rate, 
                        including an interest free loan;
                            ``(ii) principal and interest payments on 
                        each loan will commence not later than 1 year 
                        after completion of the project for which the 
                        loan was made, and each loan will be fully 
                        amortized not later than 10 years after the 
                        completion of the project; and
                            ``(iii) the State loan fund will be 
                        credited with all payments of principal and 
                        interest on each loan;
                    ``(B) to guarantee, or purchase insurance for, a 
                local obligation (all of the proceeds of which finance 
                a project eligible for assistance under this 
                subsection) if the guarantee or purchase would improve 
                credit market access or reduce the interest rate 
                applicable to the obligation;
                    ``(C) as a source of revenue or security for the 
                payment of principal and interest on revenue or general 
                obligation bonds issued by the State, city, county or 
                regional association of governments if the proceeds of 
                the sale of the bonds will be deposited into the State 
                loan fund; and
                    ``(D) to earn interest on the amounts deposited 
                into the State loan fund.
            ``(8) Cost of administering fund.--The cost of 
        administering the State loan fund shall be borne from funds 
        provided by the State, city, county or regional association of 
        governments entering into the agreement and shall be in 
        addition to the matching amounts required by paragraph (6).
            ``(9) Guidance and regulations.--The Administrator shall 
        publish guidance and promulgate regulations as may be necessary 
        to carry out this subsection, including--
                    ``(A) provisions to ensure that each State loan 
                fund commits and expends funds allotted to the State 
                loan fund under this subsection as efficiently as 
                possible in accordance with this Act and applicable 
                State laws;
                    ``(B) guidance to prevent waste, fraud, and abuse; 
                and
                    ``(C) provisions to ensure that the State loan 
                funds, and eligible entities receiving assistance under 
                this subsection, use accounting, audit, and fiscal 
                procedures that conform to generally accepted 
                accounting standards.
            ``(10) State report.--Each State, city, county, or regional 
        association of governments administering a loan fund and 
        assistance program under this subsection shall publish and 
        submit to the Administrator a report every 2 years on its 
        activities under this subsection, including the findings of the 
        most recent audit of the fund. The Administrator shall 
        periodically audit all State loan funds established by, and all 
        other amounts allotted to, the State loan funds pursuant to 
        this subsection in accordance with procedures established by 
        the Comptroller General.
            ``(11) Evaluation.--The Administrator shall conduct an 
        evaluation of the effectiveness of the State loan funds through 
        fiscal year 2003. The evaluation shall be submitted to the 
        Congress at the same time as the President submits to the 
        Congress, pursuant to section 1108 of title 31, United States 
        Code, an appropriations request for fiscal year 2005 relating 
        to the budget of the Environmental Protection Agency.''.
    ``(d) Grant Applications.--
            ``(1) Submission.--
                    ``(A) In general.--Any eligible entity may submit 
                an application to the Administrator, through a regional 
                office of the Environmental Protection Agency and in 
                such form as the Administrator may require, for a grant 
                under this section for 1 or more brownfield facilities.
                    ``(B) Coordination.--The Administrator in 
                developing such application requirements is instructed 
                to coordinate with other Federal agencies and 
                departments, such that eligible entities under this 
                section are made aware of other available Federal 
                resources.
                    ``(C) Guidance.--The Administrator shall publish 
                guidance to assist eligible entities in obtaining 
                grants under this section.
            ``(2) Approval.--
                    ``(A) Initial grant.--On or about March 30 and 
                September 30 of the first fiscal year following the 
                date of enactment of this section, the Administrator 
                shall make grants under this section to eligible 
                entities that submit applications before those dates 
                and that the Administrator determines have the highest 
                rankings under ranking criteria established under 
                paragraph (3).
                    ``(B) Subsequent grants.--Beginning with the second 
                fiscal year following the date of enactment of this 
                section, the Administrator shall make an annual 
                evaluation of each application received during the 
                prior fiscal year and make grants under this section to 
                eligible entities that submit applications during the 
                prior year and that the Administrator determines have 
                the highest rankings under the ranking criteria 
                established under paragraph (3).
            ``(3) Ranking criteria.--The Administrator shall establish 
        a system for ranking grant applications that includes the 
        following criteria:
                    ``(A) The extent to which a grant will stimulate 
                the availability of other funds for environmental 
                remediation and subsequent redevelopment of the area in 
                which the brownfield facilities are located.
                    ``(B) The potential of the development plan for the 
                area in which the brownfield facilities are located to 
                stimulate economic development of the area on 
                completion of the cleanup, such as the following:
                            ``(i) The relative increase in the 
                        estimated fair market value of the area as a 
                        result of any necessary response action.
                            ``(ii) The demonstration by applicants of 
                        the intent and ability to create new or expand 
                        existing business, employment, recreation, or 
                        conservation opportunities on completion of any 
                        necessary response action.
                            ``(iii) If commercial redevelopment is 
                        planned, the estimated additional full-time 
                        employment opportunities and tax revenues 
                        expected to be generated by economic 
                        redevelopment in the area in which a brownfield 
                        facility is located.
                            ``(iv) The estimated extent to which a 
                        grant would facilitate the identification of or 
                        facilitate a reduction of health and 
                        environmental risks.
                            ``(v) The financial involvement of the 
                        State and local government in any response 
                        action planned for a brownfield facility and 
                        the extent to which the response action and the 
                        proposed redevelopment is consistent with any 
                        applicable State or local community economic 
                        development plan.
                            ``(vi) The extent to which the site 
                        characterization and assessment or response 
                        action and subsequent development of a 
                        brownfield facility involves the active 
                        participation and support of the local 
                        community.
                            ``(vii) Such other factors as the 
                        Administrator considers appropriate to carry 
                        out the purposes of this section.
                    ``(C) The extent to which a grant will enable the 
                creation of or addition to parks, greenways, or other 
                recreational property.
                    ``(D) The extent to which a grant will meet the 
                needs of a community that has an inability to draw on 
                other sources of funding for environmental remediation 
                and subsequent redevelopment of the area in which a 
                brownfield facility is located because of the small 
                population or low income of the community.''.
    (b) Funding.--Section 111 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is 
amended by adding at the end the following:
    ``(q) Brownfield Grant Program.--For each of fiscal years 1999 
through 2003, not more than $75,000,000 of the amounts available in the 
Fund may be used to carry out section 127.''.

SEC. 102. ASSISTANCE FOR QUALIFYING STATE VOLUNTARY RESPONSE PROGRAMS.

    (a) Definition.--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) Qualifying state voluntary response program.--The term 
        `qualifying State voluntary response program' means a State 
        program that includes the elements described in section 
        128(b).''.
    (b) Qualifying State Voluntary Response Programs.--Title I of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) (as amended by section 101(a)) is 
amended by adding at the end the following:

``SEC. 128. QUALIFYING STATE VOLUNTARY RESPONSE PROGRAMS.

    ``(a) Assistance to States.--The Administrator shall provide 
technical and other assistance to States to establish and expand 
qualifying State voluntary response programs that include the elements 
listed in subsection (b).
    ``(b) Elements.--The elements of a qualifying State voluntary 
response program are the following:
            ``(1) Opportunities for technical assistance for voluntary 
        response actions.
            ``(2) Adequate opportunities for public participation, 
        including prior notice and opportunity for comment in 
        appropriate circumstances, in selecting response actions.
            ``(3) Streamlined procedures to ensure expeditious 
        voluntary response actions.
            ``(4) Oversight and enforcement authorities or other 
        mechanisms that are adequate to ensure that--
                    ``(A) voluntary response actions will protect human 
                health and the environment and be conducted in 
                accordance with applicable Federal and State law; and
                    ``(B) if the person conducting the voluntary 
                response action fails to complete the necessary 
                response activities, including operation and 
                maintenance or long-term monitoring activities, the 
                necessary response activities are completed.
            ``(5) Mechanisms for approval of a voluntary response 
        action plan, or a requirement for certification or similar 
        documentation from the State or parties authorized and licensed 
        by State law to the person conducting the voluntary response 
        action indicating that the response is complete.''.
    (c) Funding.--Section 111 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) (as 
amended by section 101(b)) is amended by adding at the end the 
following:
    ``(r) Qualifying State Voluntary Response Program.--For each of 
fiscal years 1999 through 2003, not more than $25,000,000 of the 
amounts available in the Fund may be used for assistance to States to 
maintain, establish, and administer qualifying State voluntary response 
programs, during the first 5 full fiscal years following the date of 
enactment of this subparagraph, distributed among each of the States 
that notifies the Administrator of the State's intent to establish a 
qualifying State voluntary response program and each of the States with 
a qualifying State voluntary response program. For each fiscal year 
there shall be available to each qualifying State voluntary response 
program a grant in the amount of at least $250,000.''.

SEC. 103. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE PLAN.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as amended by 
section 102(b)) is amended by adding at the end the following:

``SEC. 129. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE PLAN.

    ``(a) Enforcement.--
            ``(1) In general.--Except as provided in paragraph (2), in 
        the case of a release or threatened release of a hazardous 
        substance at a facility subject to State cleanup (as defined in 
        section 127(a)), neither the President nor any other person may 
        use any authority under this Act to take an enforcement action 
        against any person regarding any matter that is within the 
        scope of a response action that is being conducted or has been 
        completed under State law.
            ``(2) Exceptions.--The President may bring enforcement 
        action under this Act with respect to a facility described in 
        paragraph (1) if--
                    ``(A) the State requests that the President provide 
                assistance in the performance of a response action and 
                that the enforcement bar in paragraph (1) be lifted;
                    ``(B) at a facility at which response activities 
                are ongoing the Administrator--
                            ``(i) makes a written determination that 
                        the State is unwilling or unable to take 
                        appropriate action, after the Administrator has 
                        provided the Governor or other chief executive 
                        of the State notice and an opportunity to cure; 
                        and
                            ``(ii) the Administrator determines that 
                        the release or threat of release constitutes a 
                        public health or environmental emergency under 
                        section 104(a)(4);
                    ``(C) the Administrator determines that 
                contamination has migrated across a State line, 
                resulting in the need for further response action to 
                protect human health or the environment; or
                    ``(D) in the case of a facility at which all 
                response actions have been completed, the 
                Administrator--
                            ``(i) makes a written determination that 
                        the State is unwilling or unable to take 
                        appropriate action, after the Administrator has 
                        provided the Governor or other chief executive 
                        of the State notice and an opportunity to cure; 
                        and
                            ``(ii) makes a written determination that 
                        the facility presents a substantial risk that 
                        requires further remediation to protect human 
                        health or the environment, as evidenced by--
                                    ``(I) newly discovered information 
                                regarding contamination at the 
                                facility;
                                    ``(II) the discovery that fraud was 
                                committed in demonstrating attainment 
                                of standards at the facility; or
                                    ``(III) a failure of the remedy 
                                under the State remedial action plan or 
                                a change in land use giving rise to a 
                                clear threat of exposure.
            ``(3) EPA notification.--
                    ``(A) In general.--In the case of a facility at 
                which there is a release or threatened release of a 
                hazardous substance, pollutant, or contaminant and for 
                which the Administrator intends to undertake an 
                administrative or enforcement action, the 
                Administrator, prior to taking the administrative or 
                enforcement action, shall notify the State of the 
                action the Administrator intends to take and wait for 
                an acknowledgment from the State pursuant to 
                subparagraph (B).
                    ``(B) State response.--Not later than 48 hours 
                after receiving a notice from the Administrator under 
                subparagraph (A), the State shall notify the 
                Administrator if the facility is currently or has been 
                subject to a State remedial action plan.
                    ``(C) Public health or environmental emergency.--If 
                the Administrator finds that a release or threatened 
                release constitutes a public health or environmental 
                emergency under section 104(a)(4), the Administrator 
                may take appropriate action immediately after giving 
                notification under subparagraph (A) without waiting for 
                State acknowledgment.
    ``(b) Facilities Not Subject to State Cleanup.--In the case of a 
release or threatened release of a hazardous substance at a facility 
not subject to State cleanup (as defined in section 127(a)), the 
President shall provide notice to the State not later than 48 hours 
after issuing an order under section 106(a) addressing the release or 
threatened release.
    ``(c) Cost or Damage Recovery Actions.--Subsection (a) shall not 
apply to an action brought by any person (including an Indian Tribe) 
for the recovery of costs or damages under this Act incurred before the 
date of enactment of this section.
    ``(d) Savings Provision.--
            ``(1) Existing agreements.--A memorandum of agreement, 
        memorandum of understanding, or similar agreement between the 
        President and a State or Indian Tribe defining Federal and 
        State or tribal response action responsibilities that was in 
        effect as of the date of enactment of this section with respect 
        to a facility to which subsection (a)(3) does not apply shall 
        remain effective until the agreement expires in accordance with 
        the terms of the agreement.
            ``(2) New agreements.--Nothing in this section precludes 
        the President from entering into an agreement with a State or 
        Indian Tribe regarding responsibility at a facility to which 
        subsection (a)(3) does not apply.''.

SEC. 104. CONTIGUOUS PROPERTIES.

    (a) In General.--Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) 
is amended by adding at the end the following:
    ``(o) Contiguous Properties.--
            ``(1) Not considered to be an owner or operator.--A person 
        that 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 the 
        release shall not be considered to be an owner or operator of a 
        vessel or facility under subparagraph (C) or (D) of subsection 
        (a)(1) solely by reason of the contamination if--
                    ``(A) the person did not cause, contribute, or 
                consent to the release or threatened release;
                    ``(B) the person is not affiliated through any 
                familial or corporate relationship with any person that 
                is or was a party potentially responsible for response 
                costs at the facility; and
                    ``(C) the person exercised appropriate care with 
                respect to each hazardous substance found at the 
                facility by taking reasonable steps to stop any 
                continuing release, prevent any threatened future 
                release and prevent or limit human or natural resource 
                exposure to any previously released hazardous 
                substance.
            ``(2) Cooperation, assistance, and access.--Notwithstanding 
        paragraph (1), the President may decline to offer a settlement 
        to a potentially responsible party under this paragraph if the 
        President determines that the potentially responsible party has 
        failed to substantially comply with the requirement stated in 
        subsection (y) with respect to the facility.
            ``(3) Assurances.--The Administrator may--
                    ``(A) issue an assurance that no enforcement action 
                under this Act will be initiated against a person 
                described in paragraph (1); and
                    ``(B) grant a person described in paragraph (1) 
                protection against a cost recovery or contribution 
                action under section 113(f).''.
    (b) Conforming Amendment.--Section 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is amended by striking ``of this section'' and inserting 
``and the exemptions and limitations stated in this section''.

SEC. 105. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.

    (a) Definition.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as 
amended by section 102(a)) is amended by adding at the end the 
following:
            ``(40) Bona fide prospective purchaser.--The term `bona 
        fide prospective purchaser' means a person that acquires 
        ownership of a facility after the date of enactment of this 
        paragraph, or a tenant of such a person, that establishes each 
        of the following by a preponderance of the evidence:
                    ``(A) Disposal prior to acquisition.--All 
                deposition of hazardous substances at the facility 
                occurred before the person acquired the facility.
                    ``(B) Inquiries.--
                            ``(i) In general.--The person made all 
                        appropriate inquiries into the previous 
                        ownership and uses of the facility and the 
                        facility's real property in accordance with 
                        generally accepted good commercial and 
                        customary standards and practices.
                            ``(ii) Standards and practices.--The 
                        standards and practices referred to in 
                        paragraph (35)(B)(ii) or those issued or 
                        adopted by the Administrator under that 
                        paragraph shall be considered to satisfy the 
                        requirements of this subparagraph.
                            ``(iii) Residential use.--In the case of 
                        property for residential or other similar use 
                        purchased by a nongovernmental or noncommercial 
                        entity, a facility inspection and title search 
                        that reveal no basis for further investigation 
                        shall be considered to 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 each hazardous substance found at the 
                facility by taking reasonable steps to stop any 
                continuing release, prevent any threatened future 
                release and prevent or limit human or natural resource 
                exposure to any previously released hazardous 
                substance.
                    ``(E) Cooperation, assistance, and access.--The 
                person has not failed to substantially comply with the 
                requirement stated in subsection (y) with respect to 
                the facility.
                    ``(F) No affiliation.--The person is not affiliated 
                through any familial or corporate relationship with any 
                person that is or was a party potentially responsible 
                for response costs at the facility.''.
    (b) Amendment.--Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as 
amended by section 105) is amended by adding at the end the following:
    ``(p) Prospective Purchaser and Windfall Lien.--
            ``(1) Limitation on liability.--Notwithstanding subsection 
        (a), a bona fide prospective purchaser whose potential 
        liability for a release or threatened release is based solely 
        on the purchaser's being considered to be an owner or operator 
        of a facility shall not be liable as long as the bona fide 
        prospective purchaser does not impede the performance of a 
        response action or natural resource restoration.
            ``(2) Lien.--If there are unrecovered response costs at a 
        facility for which an owner of the facility is not liable by 
        reason of subsection (n)(1) and each of the conditions 
        described in paragraph (3) is met, the United States shall have 
        a lien on the facility, or may obtain from appropriate 
        responsible party a lien on any other property or other 
        assurances of payment satisfactory to the Administrator, for 
        such unrecovered costs.
            ``(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 180 
                days before the response action was initiated.
                    ``(C) Sale.--A sale or other disposition of all or 
                a portion of the facility has occurred.
            ``(4) Amount.--A lien under paragraph (2)--
                    ``(A) shall not exceed the increase in fair market 
                value of the property attributable to the response 
                action at the time of a subsequent sale or other 
                disposition of the property;
                    ``(B) shall arise at the time at which costs are 
                first incurred by the United States with respect to a 
                response action at the facility;
                    ``(C) shall be subject to the requirements of 
                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.''.

SEC. 106. SAFE HARBOR INNOCENT LANDHOLDERS.

    (a) Amendment.--Section 101(35) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(35)) 
is amended--
            (1) in subparagraph (A)--
                    (A) in the matter that precedes clause (i), by 
                striking ``deeds or'' and inserting ``deeds, easements, 
                leases, or''; and
                    (B) in the matter that follows clause (iii)--
                            (i) by striking ``he'' and inserting ``the 
                        defendant''; and
                            (ii) by striking the period at the end and 
                        inserting ``, has provided full cooperation, 
                        assistance, and facility access to the persons 
                        that are responsible for 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 has taken no action that impeded 
                        the effectiveness or integrity of any 
                        institutional control employed under section 
                        121 at the facility.''; and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Reason to know.--
                            ``(i) All appropriate inquiries.--To 
                        establish that the defendant had no reason to 
                        know of the matter described in subparagraph 
                        (A)(i), the defendant must show that--
                                    ``(I) at or prior to the date on 
                                which the defendant acquired the 
                                facility, the defendant undertook all 
                                appropriate inquiries into the previous 
                                ownership and uses of the facility in 
                                accordance with generally accepted good 
                                commercial and customary standards and 
                                practices; and
                                    ``(II) the defendant exercised 
                                appropriate care with respect to each 
                                hazardous substance found at the 
                                facility by taking reasonable steps to 
                                stop any continuing release, prevent 
                                any threatened future release and 
                                prevent or limit human or natural 
                                resource exposure to any previously 
                                released hazardous substance.
                            ``(ii) Standards and practices.--The 
                        Administrator shall by regulation establish as 
                        standards and practices for the purpose of 
                        clause (i)--
                                    ``(I) the American Society for 
                                Testing and Materials (ASTM) Standard 
                                E1527-94, entitled `Standard Practice 
                                for Environmental Site Assessments: 
                                Phase I Environmental Site Assessment 
                                Process'; or
                                    ``(II) alternative standards and 
                                practices under clause (iii).
                            ``(iii) Alternative standards and 
                        practices.--
                                    ``(I) In general.--The 
                                Administrator may by regulation issue 
                                alternative standards and practices or 
                                designate standards developed by other 
                                organizations than the American Society 
                                for Testing and Materials after 
                                conducting a study of commercial and 
                                industrial practices concerning the 
                                transfer of real property in the United 
                                States.
                                    ``(II) Considerations.--In issuing 
                                or designating alternative standards 
                                and practices under subclause (I), the 
                                Administrator shall consider including 
                                each of the following:
                                            ``(aa) The results of an 
                                        inquiry by an environmental 
                                        professional.
                                            ``(bb) Interviews with past 
                                        and present owners, operators, 
                                        and occupants of the facility 
                                        and the facility's real 
                                        property for the purpose of 
                                        gathering information regarding 
                                        the potential for contamination 
                                        at the facility and the 
                                        facility's real property.
                                            ``(cc) Reviews of 
                                        historical sources, such as 
                                        chain of title documents, 
                                        aerial photographs, building 
                                        department records, and land 
                                        use records to determine 
                                        previous uses and occupancies 
                                        of the real property since the 
                                        property was first developed.
                                            ``(dd) Searches for 
                                        recorded environmental cleanup 
                                        liens, filed under Federal, 
                                        State, or local law, against 
                                        the facility or the facility's 
                                        real property.
                                            ``(ee) Reviews of Federal, 
                                        State, and local government 
                                        records (such as waste disposal 
                                        records), underground storage 
                                        tank records, and hazardous 
                                        waste handling, generation, 
                                        treatment, disposal, and spill 
                                        records, concerning 
                                        contamination at or near the 
                                        facility or the facility's real 
                                        property.
                                            ``(ff) Visual inspections 
                                        of the facility and facility's 
                                        real property and of adjoining 
                                        properties.
                                            ``(gg) Specialized 
                                        knowledge or experience on the 
                                        part of the defendant.
                                            ``(hh) The relationship of 
                                        the purchase price to the value 
                                        of the property if the property 
                                        was uncontaminated.
                                            ``(ii) Commonly known or 
                                        reasonably ascertainable 
                                        information about the property.
                                            ``(jj) The degree of 
                                        obviousness of the presence or 
                                        likely presence of 
                                        contamination at the property, 
                                        and the ability to detect such 
                                        contamination by appropriate 
                                        investigation.
                            ``(iv) Site inspection and title search.--
                        In the case of property for residential use or 
                        other similar use purchased by a 
                        nongovernmental or noncommercial entity, a 
                        facility inspection and title search that 
                        reveal no basis for further investigation shall 
                        be considered to satisfy the requirements of 
                        this subparagraph.''.
    (b) Standards and Practices.--
            (1) Establishment by regulation.--The Administrator of the 
        Environmental Protection Agency shall issue the regulation 
        required by section 101(35)(B)(ii) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (as added by subsection (a)) not later than 1 year after the 
        date of enactment of this Act.
            (2) Interim standards and practices.--Until the 
        Administrator issues the regulation described in paragraph (1), 
        in making a determination under section 101(35)(B)(i) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (as added by subsection (a)), there shall 
        be taken into account--
                    (A) any specialized knowledge or experience on the 
                part of the defendant;
                    (B) the relationship of the purchase price to the 
                value of the property if the property was 
                uncontaminated;
                    (C) commonly known or reasonably ascertainable 
                information about the property;
                    (D) the degree of obviousness of the presence or 
                likely presence of contamination at the property; and
                    (E) the ability to detect the contamination by 
                appropriate investigation.

                          TITLE II--STATE ROLE

SEC. 201. TRANSFER TO THE STATES OF RESPONSIBILITY AT NON-FEDERAL 
              NATIONAL PRIORITIES LIST FACILITIES.

    (a) In General.--Title I of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) (as amended by section 103) is amended by adding at the end the 
following:

``SEC. 130. TRANSFER TO THE STATES OF RESPONSIBILITY AT NON-FEDERAL 
              NATIONAL PRIORITIES LIST FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Authorized state.--The term `authorized State' means 
        a State that is authorized under subsection (c) to apply State 
        cleanup program requirements, in lieu of the requirements of 
        this Act, to the cleanup of a non-Federal listed facility.
            ``(2) Delegable authority.--The term `delegable authority' 
        means authority to perform all of the authorities included in 
        any 1 or more of the following categories of authority:
                    ``(A) All authorities necessary to perform 
                technical investigations, evaluations, and risk 
                analyses.
                    ``(B) All authorities necessary to perform 
                alternatives development and remedy selection.
                    ``(C) All authorities necessary to perform remedial 
                design and remedial action.
                    ``(D) All authorities necessary to perform and 
                operation maintenance.
                    ``(E) All authorities necessary to perform 
                information collection and allocation of liability.
            ``(3) Delegated state.--The term `delegated State' means a 
        State to which delegable authority has been delegated under 
        subsection (D).
            ``(4) Delegated authority.--The term `delegated authority' 
        means a delegable authority that has been delegated to a 
        delegated State under subsection (d).
            ``(5) Delegated facility.--The term `delegated facility' 
        means a non-Federal listed facility with respect to which a 
        delegable authority has been delegated to a State under 
        subsection (d).
            ``(6) Enforcement authority.--The term `enforcement 
        authority' means all authorities necessary to recover response 
        costs, require potentially responsible parties to perform 
        response actions, and otherwise compel implementation of a 
        response action, including--
                    ``(A) issuance of an order under section 106(a);
                    ``(B) a response action cost recovery under section 
                107;
                    ``(C) imposition of a civil penalty or award under 
                subsection (a)(1)(D) or (b)(4) of section 109;
                    ``(D) settlement under section 122;
                    ``(E) gathering of information under section 
                104(e); and
                    ``(F) any other authority identified by the 
                Administrator under subsection (b).
            ``(7) Nondelegable authority.--The term `nondelegable 
        authority' means authority to--
                    ``(A) make grants to community advisory groups 
                under section 117; and
                    ``(B) conduct research and development activities 
                under any provision of this Act.
            ``(8) Non-federal listed facility.--The term `non-Federal 
        listed facility' means a facility that--
                    ``(A) is not owned or operated by a department, 
                agency, or instrumentality of the United States in any 
                branch of the Government; and
                    ``(B) is listed on the National Priorities List.
    ``(b) Methods for Transfer of Responsibility to The States.--
            ``(1) In general.--The Administrator shall seek, to the 
        extent consistent with the requirement to protect human health 
        and the environment, to transfer to the States the 
        responsibility to perform response actions at non-Federal 
        listed facilities.
            ``(2) Methods to accomplish transfer.--Responsibility may 
        be transferred to a State by use of 1 or more of the following 
        methods:
                    ``(A) Authorization under subsection (c).
                    ``(B) Delegation under subsection (d).
            ``(3) Facilities within tribal jurisdiction.--
                    ``(A) In general.--With respect to a facility that 
                is located on Indian lands, the Administrator may grant 
                authorization or delegation--
                            ``(i) to the Indian Tribe; or
                            ``(ii) to the State, with the consent of 
                        the Indian Tribe.
                    ``(B) Definition of indian lands.--For the purposes 
                of this subsection, the term `Indian lands' means all 
                land within the limits of any Indian reservation under 
                the jurisdiction of the United States Government, 
                notwithstanding the issuance of any patent, and 
                including rights-of-way running through the 
                reservation.
    ``(c)  Authorization.--
            ``(1) In general.--The Administrator may grant to a State 
        authority to apply any or all of the requirements of the State 
        cleanup program in lieu of any or all of the requirements of 
        this Act to the cleanup of one or more non-Federal listed 
        facilities.
            ``(2) Application.--A State seeking authorization shall 
        submit to the Administrator an application identifying each 
        non-Federal listed facility for which authorization is 
        requested, including such information and documentation as the 
        Administrator may require to enable the Administrator to 
        determine whether and to what extent--
                    ``(A) the State has adequate legal authority, 
                financial and personnel resources, organization, and 
                expertise to implement, administer, and enforce a 
                hazardous substance response program;
                    ``(B) the State cleanup program will be implemented 
                in a manner that is protective of human health and the 
                environment;
                    ``(C) the State has procedures to ensure public 
                notice and, as appropriate, opportunity for comment on 
                remedial action plans, consistent with section 117; and
                    ``(D) the State agrees to exercise its enforcement 
                authorities to require that persons that are 
                potentially liable under section 107(a), to the extent 
                practicable, perform and pay for the response actions.
            ``(3) Action by the administrator.--
                    ``(A) In general.--Not later than 180 days after 
                receipt from a State of an application under paragraph 
                (2) (unless the State agrees to a greater length of 
                time), the Administrator shall--
                            ``(i) approve or disapprove the 
                        application; and
                            ``(ii) if the Administrator disapproves the 
                        application, include in the notice of 
                        disapproval an identification of each criterion 
                        under paragraph (2) that the Administrator 
                        determined was not met and an explanation of 
                        the basis for the determination.
                    ``(B) Failure to act.--
                            ``(i) In general.--If the Administrator 
                        does not make a determination under 
                        subparagraph (A) with respect to an application 
                        on or before the last day of the 180-day period 
                        specified in that subparagraph, any person may 
                        bring an action, without regard to the notice 
                        requirement of section 310(d)(1), to compel the 
                        Administrator to make a determination.
                            ``(ii) Relief.--In an action under clause 
                        (i)(I)--
                                    ``(I) the court shall order the 
                                Administrator to approve or disapprove 
                                the application within 30 days after 
                                the date of the order; or
                                    ``(II) if the Administrator or any 
                                other person interested in the 
                                application contends that action on the 
                                application should be delayed pending 
                                consideration of additional information 
                                not contained in the application itself 
                                or in comments submitted regarding the 
                                application--
                                            ``(aa) remand the 
                                        application to the 
                                        Administrator only if the court 
                                        finds good cause for the 
                                        failure of the Administrator or 
                                        other person to present or 
                                        request the information; and
                                            ``(bb) extend the period 
                                        for consideration of the 
                                        application to a date not later 
                                        than 90 days after the date of 
                                        the order.
                            ``(iii) No prejudice.--The failure of the 
                        Administrator to make a determination under 
                        subparagraph (A) shall not be considered to be 
                        a disapproval of the application.
                    ``(C) Public comment.--The Administrator shall 
                provide for public notice and an opportunity to comment 
                on a decision to approve an application under this 
                subsection.
                    ``(D) Resubmission of application.--If the 
                Administrator disapproves an application under 
                paragraph (2), the State may resubmit the application 
                at any time after receiving the notice of disapproval.
                    ``(E) No additional terms or conditions.--The 
                Administrator shall not impose any term or condition on 
                the approval of an application that meets the 
                requirements stated in paragraph (2) (except a 
                requirement that any technical deficiencies in the 
                application be corrected).
                    ``(F) Judicial review.--Approval or disapproval of 
                an application or resubmitted application shall be 
                considered final agency action subject to judicial 
                review under section 113(b).
            ``(4) Expedited authorization.--
                    ``(A) Pilot program.--
                            ``(i) In general.--Notwithstanding 
                        paragraph (1), the Administrator shall provide 
                        an expedited process for the evaluation of the 
                        applications of not fewer than 6 States 
                        qualified for authorization under this section.
                            ``(ii) Criteria for approval.--Not later 
                        than 180 days after the date of enactment of 
                        this section, the Administrator shall publish 
                        criteria, in accordance with paragraph (2), for 
                        approval of an application for expedited 
                        authorization.
                            ``(iii) Approval and disapproval.--An 
                        application submitted by a State identified 
                        under subparagraph (B) on or before the last 
                        day of the 12-month period beginning on the 
                        date of enactment of this section shall be 
                        deemed to be approved on the last day of the 
                        180-day period beginning on the date on which 
                        the application is submitted unless, on or 
                        before that day, the Administrator publishes in 
                        the Federal Register an explanation why the 
                        State does not meet the criteria for 
                        authorization established under this section.
                            ``(iv) Report to congress.--Not later than 
                        3 years after the date of enactment of this 
                        section, the Administrator shall submit to 
                        Congress a report on the status of any 
                        facilities for which a State has received 
                        authorization under this subparagraph.
                    ``(B) Permanent program.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of the enactment of this 
                        section, based on experience gained in the 
                        pilot program under subparagraph (A), the 
                        Administrator shall promulgate a regulation 
                        providing criteria for expedited authorization 
                        of States under this section.
                            ``(ii) Requirements.--The regulation under 
                        clause (i) shall provide for notice and 
                        opportunity for public comment and a strict 
                        schedule for consideration and approval or 
                        disapproval of an application.
    ``(d) Delegation of Authority.--
            ``(1) In general.--Pursuant to an approved State 
        application, the Administrator shall delegate authority to 
        perform 1 or more delegable authorities with respect to 1 or 
        more non-Federal listed facilities in the State.
            ``(2) Identification of delegable Authorities.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, the President shall 
                by regulation identify all of the authorities of the 
                Administrator that shall be included in a delegation of 
                any category of delegable authority described in 
                subsection (a)(2).
                    ``(B) Limitation.--The Administrator shall not 
                identify a nondelegable authority for inclusion in a 
                delegation of any category of delegable authority.
                    ``(C) Enforcement authorities.--A State seeking a 
                delegation under this subsection--
                            ``(i) in addition to meeting the 
                        requirements of paragraph (3), shall 
                        demonstrate that the State's enforcement 
                        authorities are substantially equivalent to the 
                        enforcement authorities under this Act; and
                            ``(ii) shall use the State's enforcement 
                        authorities in carrying out delegable 
                        authorities.
            ``(3) Application.--An application under paragraph (1) 
        shall--
                    ``(A) identify each non-Federal listed facility for 
                which delegation is requested;
                    ``(B) identify each delegable authority that is 
                requested to be delegated for each non-Federal listed 
                facility for which delegation is requested; and
                    ``(C) include such information and documentation as 
                the Administrator may require to enable the 
                Administrator to determine whether and to what extent--
                            ``(i) the State has adequate financial and 
                        personnel resources, organization, and 
                        expertise to implement, administer, and enforce 
                        a hazardous substance response program;
                            ``(ii) the State will implement the 
                        delegated authorities in a manner that is 
                        protective of human health and the environment; 
                        and
                            ``(iii) the State agrees to exercise its 
                        delegated authorities to require that persons 
                        that are potentially liable under section 
                        107(a), to the extent practicable, perform and 
                        pay for the response actions.
            ``(4) Action by the administrator.--
                    ``(A) In general.--Not later than 120 days after 
                receiving an application from a State (unless the State 
                agrees to a greater length of time for the 
                Administrator to make a determination), the 
                Administrator shall--
                            ``(i) issue a notice of approval of the 
                        application (including approval or disapproval 
                        regarding any or all of the facilities with 
                        respect to which a delegation of authority is 
                        requested or with respect to any or all of the 
                        authorities that are requested to be 
                        delegated); or
                            ``(ii) if the Administrator determines that 
                        the State does not meet 1 or more of the 
                        criteria under paragraph (3), issue a notice of 
                        disapproval, including an explanation of the 
                        basis for the determination.
                    ``(B) Failure to act.--
                            ``(i) In general.--If the Administrator 
                        does not make a determination under 
                        subparagraph (A) with respect to an application 
                        on or before the last day of the 120-day period 
                        specified in that subparagraph, any person may 
                        bring an action, without regard to the notice 
                        requirement of section 310(d)(1), to compel the 
                        Administrator to make a determination.
                            ``(ii) Relief.--In an action under clause 
                        (i)(I)--
                                    ``(I) the court shall order the 
                                Administrator to approve or disapprove 
                                the application within 30 days after 
                                the date of the order; or
                                    ``(II) if the Administrator or any 
                                other person interested in the 
                                application contends that action on the 
                                application should be delayed pending 
                                consideration of additional information 
                                not contained in the application itself 
                                or in comments submitted regarding the 
                                application--
                                            ``(aa) remand the 
                                        application to the 
                                        Administrator only if the court 
                                        finds good cause for the 
                                        failure of the Administrator or 
                                        other person to present or 
                                        request the information; and
                                            ``(bb) extend the period 
                                        for consideration of the 
                                        application to a date not later 
                                        than 90 days after the date of 
                                        the order.
                            ``(iii) No prejudice.--The failure of the 
                        Administrator to make a determination under 
                        subparagraph (A) shall not be considered to be 
                        a disapproval of the application.
                    ``(C) Public comment.--The Administrator shall 
                provide public notice and an opportunity for comment on 
                an application under this subsection.
                    ``(D) Resubmission of application.--If the 
                Administrator disapproves an application under 
                paragraph (1), the State may resubmit the application 
                at any time after receiving the notice of disapproval.
                    ``(E) No additional terms or conditions.--The 
                Administrator shall not impose any term or condition on 
                the approval of an application that meets the 
                requirements stated in paragraph (2) (except a 
                requirement that any technical deficiencies in the 
                application be corrected).
                    ``(F) Judicial review.--Approval or disapproval of 
                an application or resubmitted application shall be 
                considered final agency action subject to judicial 
                review under section 113(b).
            ``(5) Delegation agreement.--On approval of a delegation of 
        authority under this section, the Administrator and the 
        delegated State shall enter into a delegation agreement that 
        identifies each category of delegable authority that is 
        delegated with respect to each delegated facility.
    ``(e) Performance of Transferred Responsibilities.--
            ``(1) In general.--A State to which responsibility is 
        transferred under subsection (c) or (d) shall have sole 
        authority (except as provided in subsection (f)) to perform the 
        transferred responsibility.
            ``(2) Compliance with act.--A delegated State shall 
        implement each applicable provision of this Act (including 
        regulations and guidance issued by the Administrator) so as to 
        perform each delegated authority with respect to a delegated 
        facility in the same manner as would the Administrator with 
        respect to a facility that is not a delegated facility.
    ``(f) Retained Federal Authorities.--
            ``(1) Withdrawal of transfer of responsibility.--
                    ``(A) In general.--If at any time the Administrator 
                finds that contrary to the terms of an approved 
                application under subsection (c) or (d), a State to 
                which responsibility at a non-Federal listed facility 
                has been transferred under this section--
                            ``(i) lacks the required financial and 
                        personnel resources, organization, or expertise 
                        to administer and enforce the transferred 
                        responsibilities;
                            ``(ii) does not have adequate legal 
                        authority to perform the transferred 
                        responsibilities;
                            ``(iii) is failing to materially carry out 
                        the State's transferred responsibilities; or
                            ``(iv) is failing to operate its State 
                        cleanup program or exercise transferred 
                        responsibility in such a manner as to be 
                        protective of human health and the environment 
                        as required under section 121;
                the Administrator may withdraw the transfer of 
                responsibility after providing notice and opportunity 
                to correct deficiencies under subparagraph (B).
                    ``(B) Notice and opportunity to correct.--If the 
                Administrator proposes to withdraw a transfer of 
                responsibility for any or all non-Federal listed 
                facilities, the Administrator shall give the State 
                written notice and allow the State at least 90 days 
                after the date of receipt of the notice to correct the 
                deficiencies cited in the notice.
                    ``(C) Failure to correct.--If the Administrator 
                finds that the deficiencies have not been corrected 
                within the time specified in a notice under 
                subparagraph (B), the Administrator may withdraw the 
                transfer of responsibility after providing public 
                notice and opportunity for comment.
                    ``(D) Judicial review.--A decision of the 
                Administrator to withdraw a transfer of responsibility 
                shall be subject to judicial review under section 
                113(b).
            ``(2) No effect on certain authorities.--Nothing in this 
        section affects the authority of the Administrator under this 
        Act to--
                    ``(A) perform a response action at a facility 
                listed on the National Priorities List in a State to 
                which a transfer of responsibility has not been made 
                under this section or at a facility not included in a 
                transfer of responsibility; or
                    ``(B) perform any element of a response action with 
                respect to a non-Federal listed facility that is not 
                included among the responsibilities transferred to a 
                State with respect to the facility.
            ``(3) Federal removal authority.--
                    ``(A) Notice.--Before performing an emergency 
                removal action under section 104 at a non-Federal 
                listed facility at which responsibility has been 
                transferred to a State, the Administrator shall notify 
                the State of the Administrator's intention to perform 
                the removal.
                    ``(B) State action.--If, within 48 hours after 
                receiving a notification under subparagraph (A), the 
                State notifies the Administrator that the State intends 
                to take action to perform an emergency removal at the 
                non-Federal listed facility, the Administrator shall 
                not perform the emergency removal action unless the 
                Administrator determines that the State has failed to 
                act within a reasonable period of time to perform the 
                emergency removal.
                    ``(C) Public health or environmental emergency.--If 
                the Administrator finds that any release or threat of 
                release constitutes a public health or environmental 
                emergency under section 104(a)(4) the Administrator may 
                act immediately notwithstanding subparagraph (B).
            ``(4) Federal enforcement authority.--
                    ``(A) In general.--In the case of a non-Federal 
                listed facility at which--
                            ``(i) there has been a transfer of 
                        responsibility under this section; and
                            ``(ii) there is a release or threatened 
                        release of a hazardous substance, pollutant, or 
                        contaminant;
                neither the President nor any other person may use any 
                authority under this Act to take an administrative or 
                judicial enforcement action or to bring a private civil 
                action against any person regarding any matter that is 
                within the scope of the transfer of responsibility, 
                except as provided in subparagraph (B).
                    ``(B) Exceptions.--The President may bring an 
                administrative or judicial enforcement action with 
                respect to a non-Federal listed facility under this Act 
                if--
                            ``(i) the State requests that the President 
                        provide assistance in the performance of a 
                        response action and that the enforcement bar in 
                        subparagraph (A) be lifted; or
                            ``(ii) after providing the Governor of the 
                        State notice and a reasonable opportunity to 
                        cure, the Administrator--
                                    ``(I) makes a determination that 
                                the State is unwilling or unable to 
                                take appropriate action at a facility 
                                to respond to a release that 
                                constitutes a public health or 
                                environmental emergency; and
                                    ``(II) obtains a declaratory 
                                judgment in United States district 
                                court that the State has failed to make 
                                reasonable progress in performance of a 
                                remedial action at the facility.
                    ``(C) Action for contribution.--Subparagraph (A) 
                does not preclude an action for contribution for 
                response costs incurred by any person.
            ``(5) Cost recovery.--
                    ``(A) Recovery by a transferee state.--Of the 
                amount of any response costs recovered from a 
                responsible party by a State that is transferred 
                responsibility at a non-federal listed facility under 
                section 107--
                            ``(i) 25 percent of the amount of any 
                        Federal response cost recovered with respect to 
                        a facility, plus an amount equal to the amount 
                        of response costs incurred by the State with 
                        respect to the facility, may be retained by the 
                        State; and
                            ``(ii) the remainder shall be deposited in 
                        the Hazardous Substances Superfund established 
                        under subchapter A of chapter 98 of the 
                        Internal Revenue Code of 1986.
                    ``(B) Recovery by the administrator.--
                            ``(i) In general.--The Administrator may 
                        take action under section 107 to recover 
                        response costs from a potentially responsible 
                        party for a non-federal listed facility for 
                        which responsibility is transferred to a State 
                        if--
                                    ``(I) the State notifies the 
                                Administrator in writing that the State 
                                does not intend to pursue action for 
                                recovery of response costs under 
                                section 107 against the potentially 
                                responsible party; or
                                    ``(II) the State fails to take 
                                action to recover response costs within 
                                a reasonable time in light of 
                                applicable statutes of limitation.
                            ``(ii) Notice.--If the Administrator 
                        proposes to commence an action for recovery of 
                        response costs under section 107, the 
                        Administrator shall give the State written 
                        notice and allow the State at least 90 days 
                        after receipt of the notice to commence the 
                        action.
                            ``(iii) No further action.--If the 
                        Administrator takes action against a 
                        potentially responsible party under section 107 
                        relating to a release from a non-Federal listed 
                        facility after providing a State notice under 
                        clause (ii), the State may not take any other 
                        action for recovery of response costs relating 
                        to that release under this Act or any other 
                        Federal or State law.
            ``(6) Delisting of national priority list facilities.--
                    ``(A) Delisting request.--A State may request that 
                the Administrator remove from the National Priorities 
                List all or part of a facility to which responsibility 
                has been transferred to the State under this section.
                    ``(B) Action by the administrator.--The 
                Administrator shall--
                            ``(i) promptly consider a request under 
                        subparagraph (A); and
                            ``(ii) remove the facility or part of the 
                        facility from the National Priorities List 
                        unless the delisting would be inconsistent with 
                        a requirement of this Act.
                    ``(C) Denial of request.--If the Administrator 
                decides to deny a request for delisting under 
                subparagraph (A), the Administrator shall publish the 
                decision in the Federal Register with an explanation of 
                the reasons for the denial.
                    ``(D) Report.--At the end of each calendar year, 
                the Administrator shall submit to Congress a report 
                describing actions taken under this paragraph during 
                the year.
    ``(g) Funding.--
            ``(1) In general.--The Administrator shall provide grants 
        to or enter into contracts or cooperative agreements with 
        States to which responsibility has been transferred under this 
        section.
            ``(2) No claim against fund.--Notwithstanding any other 
        law, funds to be granted under this subsection shall not 
        constitute a claim against the Fund or the United States.
            ``(3) Insufficient funds available.--If funds are 
        unavailable in any fiscal year to satisfy all commitments made 
        under this section by the Administrator, the Administrator 
        shall have sole authority and discretion to establish 
        priorities and to delay payments until funds are available.
            ``(4) Amounts of funding.--
                    ``(A) In general.--Once every 3 years with respect 
                to subparagraphs (B) and (C), and once each year with 
                respect to subparagraph (D), the Administrator and the 
                State shall determine the amount of Federal funding 
                that will be required for the State to undertake the 
                responsibilities under this section.
                    ``(B) Administrative costs.--
                            ``(i) In general.--The Administrator shall 
                        provide funding for administration of the State 
                        response program in place of the Federal 
                        program under an authorization under subsection 
                        (c) or a delegation under subsection (d), based 
                        on the number of facilities and the activities 
                        at the facilities for which the State has 
                        received delegation or authorization.
                            ``(ii) Amount of funding.--
                                    ``(I) Calculation based on fixed 
                                costs.--The amount of funding under 
                                clause (i) shall be based on a 
                                calculation of the fixed costs of 
                                program administration.
                                    ``(II) Minimum amount.--In the case 
                                of no State shall the amount of funding 
                                be less than the funding levels 
                                necessary for Federal administration of 
                                the same activities.
                    ``(C) Preconstruction costs.--
                            ``(i) In general.--The Administrator and a 
                        State shall agree on the amount of Federal 
                        funding for all preconstruction activities for 
                        which the State has received an authorization 
                        under subsection (c) or delegation under 
                        subsection (d).
                            ``(ii) Amount of funding.--The amount of 
                        funding under clause (i) may be based on 
                        anticipated outputs and standard pricing 
                        factors.
                    ``(D) Remedy construction costs.--The Administrator 
                shall provide funding for remedy construction at a site 
                for which the State has an authorization under 
                subsection (c) or delegation under subsection (d) if--
                            ``(i) the remedial design for the facility 
                        is complete; and
                            ``(ii) the State certifies that--
                                    ``(I) there are no financially 
                                viable potentially responsible parties 
                                capable of performing the response 
                                action; or
                                    ``(II) enforcement measures have 
                                been attempted and the remedial action 
                                would be delayed without Federal 
                                funding.
            ``(5) Prioritization process.--
                    ``(A) In general.--In a process for allocating 
                funds among facilities, the Administrator shall include 
                all facilities that are the subject of a State response 
                program under an authorization under subsection (c) or 
                delegation under subsection (d).
                    ``(B) Consideration.--In allocating funding among 
                facilities, the Administrator--
                            ``(i) shall not take into consideration 
                        whether a listed facility is the subject of a 
                        State response program under an authorization 
                        under subsection (c) or a delegation under 
                        subsection (d); and
                            ``(ii) shall apply the same decisionmaking 
                        criteria and factors (including the need to 
                        maintain activity at facilities at which 
                        construction has been commenced) in the same 
                        manner to all facilities.
                    ``(C) Publication of list.--The Administrator shall 
                publish annually a list of facilities at which response 
                actions are proposed to be taken and the funding 
                amounts for each such response action.
            ``(6) Use of funds.--
                    ``(A) Pre-remedial funds.--A State may use funds 
                provided under this subsection to take any actions or 
                perform any duties necessary to implement any 
                authorization or delegation that the State has received 
                under subsection (c) or (d).
                    ``(B) Remedy construction funds.--A State shall use 
                funds provided under this subsection to construct the 
                remedy at the facility for which funding is provided.
            ``(7) Limitation on reimbursement for removal actions under 
        section 104.--Reimbursement to a State for exercising any 
        removal authority under subsection (c) or (d) shall be limited 
        to facilities for which removal authority is specifically 
        delegated or authorized under those subsections, except as 
        provided in section 123.
            ``(8) Permitted use of grant funds.--A State to which 
        responsibility has been transferred under this section may use 
        grant funds, in accordance with this Act and the National 
        Contingency Plan, to take any action or perform any duty 
        necessary to implement the authority delegated to the State 
        under this section.
            ``(9) Cost share.--A State receiving a grant under this 
        subsection--
                    ``(A) shall provide an assurance that the State 
                will pay any amount required under section 104(c)(3); 
                and
                    ``(B) may not use grant funds to pay any amount 
                required under section 104(c)(3).
            ``(10) Certification of use of funds.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which a State receives funds under this 
                subsection, and annually thereafter, the Governor of 
                the State shall submit to the Administrator--
                            ``(i) a certification that the State has 
                        used the funds in accordance with the 
                        requirements of this Act and the National 
                        Contingency Plan; and
                            ``(ii) information describing the manner in 
                        which the State used the funds.
                    ``(B) Review of use of funds.--
                            ``(i) In general.--The Administrator shall 
                        review a certification submitted by the 
                        Governor under subparagraph (A) not later than 
                        120 days after the date of its submission.
                            ``(ii) Finding of use of funds inconsistent 
                        with this act.--If the Administrator finds that 
                        funds were used in a manner that is 
                        inconsistent with this Act, the Administrator 
                        shall notify the Governor in writing not later 
                        than 120 days after receiving the Governor's 
                        certification.
                            ``(iii) Explanation.--Not later than 30 
                        days after receiving a notice under clause 
                        (ii), the Governor shall--
                                    ``(I) explain why the finding of 
                                the Administrator is in error; or
                                    ``(II) explain to the satisfaction 
                                of the Administrator how any 
                                misapplication or misuse of funds will 
                                be corrected.
                            ``(iv) Failure to explain.--If the Governor 
                        fails to make an explanation under clause (iii) 
                        to the satisfaction of the Administrator, the 
                        Administrator may request reimbursement of such 
                        amount of funds as the Administrator finds was 
                        misapplied or misused.
                            ``(v) Repayment of funds.--If the 
                        Administrator fails to obtain reimbursement 
                        from the State within a reasonable period of 
                        time, the Administrator may, after 30 days' 
                        notice to the State, bring a civil action in 
                        United States district court to recover from 
                        the transferee State any funds that were 
                        advanced for a purpose or were used for a 
                        purpose or in a manner that is inconsistent 
                        with this Act.
                    ``(C) Regulations.--Not later than 1 year after the 
                date of enactment of this section, the Administrator 
                shall promulgate a regulation describing with 
                particularity the information that a State shall be 
                required to provide under subparagraph (A)(ii).
    ``(h) Cooperative Agreements.--Nothing in this section affects the 
authority of the Administrator under section 104(d)(1) to enter into a 
cooperative agreement with a State, a political subdivision of a State, 
or an Indian Tribe to carry out actions under section 104.''.
    (b) State Cost Share.--Section 104(c) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(c)) is amended--
            (1) by striking ``(c)(1) Unless'' and inserting the 
        following:
    ``(c) Miscellaneous Limitations and Requirements.--
            ``(1) Continuance of obligations from fund.--Unless'';
            (2) by striking ``(2) The President'' and inserting the 
        following:
            ``(2) Consultation.--The President''; and
            (3) by striking paragraph (3) and inserting the following:
            ``(3) State cost share.--
                    ``(A) In general.--The Administrator shall not 
                provide any funding for remedial action under this 
                section unless the State in which the release occurs 
                first enters into a contract or cooperative agreement 
                with the Administrator providing assurances deemed 
                adequate by the Administrator that the State will pay, 
                in cash or through in-kind contributions, 10 percent of 
                the costs of the remedial action and operation and 
                maintenance costs.
                    ``(B) Activities with respect to which state cost 
                share is required.--No State cost share shall be 
                required except for remedial actions under section 104.
                    ``(C) Indian tribes.--In the case of remedial 
                action to be taken on land or water held by an Indian 
                Tribe, held by the United States in trust for an Indian 
                Tribe, held by a member of an Indian Tribe (if the land 
                or water is subject to a trust restriction on 
                alienation), or otherwise within the borders of an 
                Indian reservation, the requirements of this paragraph 
                shall not apply.''.
    (c) Uses of Fund.--Section 111(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9611(a)) is amended by inserting after paragraph (6) the 
following:
            ``(7) Grants to authorized states and delegated states.--
        Making a grant to an authorized State or delegated State under 
        section 130(g).''.
    (d) Indian Tribes.--Section 126 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9626) is 
amended--
            (1) by striking ``and section 105'' and inserting ``, 
        section 105''; and
            (2) by inserting before the period at the end the 
        following: ``, and section 130 (with respect to a facility that 
        is located on Indian lands)''.
    (e) Relationship to Other Laws.--
            (1) In general.--Section 114(b) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9614(b)) is amended by striking ``removal'' each 
        place it appears and inserting ``response''.
            (2) Conforming amendment.--Section 101(37)(B) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601(37)(B)) is amended by 
        striking ``section 114(c)'' and inserting ``section 114(b)''.

                TITLE III--LOCAL COMMUNITY PARTICIPATION

SEC. 301. DEFINITIONS.

    (a) Section 101.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as 
amended by section 105(a)) is amended by adding at the end the 
following:
            ``(41) ATSDR.--The term `ATSDR' means the Agency for Toxic 
        Substances and Disease Registry.''.
    (b) Public Participation.--
            (1) In general.--Section 117 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9617) is amended--
                    (A) by redesignating subsections (a) through (e) as 
                subsections (b) through (f), respectively; and
                    (B) by inserting after the section heading the 
                following:
    ``(a) Definitions.--In this section:
            ``(1) Affected community.--The term `affected community' 
        means a group of 2 or more individuals who may be affected by 
        the release or threatened release of a hazardous substance, 
        pollutant, or contaminant from a covered facility.
            ``(2) Covered facility.--The term `covered facility' means 
        a facility--
                    ``(A) that has been listed or proposed for listing 
                on the National Priorities List; or
                    ``(B) at which the Administrator is undertaking a 
                removal action that it is anticipated will exceed--
                            ``(i) in duration, 1 year; or
                            ``(ii) in cost, the funding limit under 
                        section 104(c)(1).''.
            (2) Conforming amendments.--
                    (A) Title I of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 is 
                amended--
                            (i) in section 111(a)(5) (42 U.S.C. 9611), 
                        by striking ``117(e)'' and inserting 
                        ``117(f)'';
                            (ii) in section 113(k)(2)(B) (42 U.S.C. 
                        9613)--
                                    (I) in clause (iii), by striking 
                                ``117(a)(2)'' and inserting 
                                ``117(b)(2)''; and
                                    (II) in the third sentence, by 
                                striking ``117(d)'' and inserting 
                                ``117(e)''.
                    (B) Section 2705(e) of title 10, United States 
                Code, is amended--
                            (i) by striking ``117(e)'' and inserting 
                        ``117(f)''; and
                            (ii) by striking ``(42 U.S.C. 9617(e))'' 
                        and inserting ``(42 U.S.C. 9617(f))''.

SEC. 302. PUBLIC PARTICIPATION GENERALLY.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is amended--
            (1) in the first sentence of paragraph (2) of subsection 
        (b) (as redesignated by section 301(b)), by inserting ``, 
        adequate notice,'' after ``oral comments'';
            (2) in subsection (e) (as redesignated by section 301(b)), 
        by striking ``major''; and
            (3) by striking subsection (f) (as redesignated by section 
        301(b)) and inserting the following:
    ``(f) Availability of Records.--
            ``(1) In general.--Except as provided in paragraph (2), 
        throughout all phases of a response action at a facility and 
        without the need to file a request under section 552 of title 
        5, United States Code, the President shall make available to 
        the affected community (including the recipient of a technical 
        assistance grant, if one has been awarded under subsection (i)) 
        or a local community advisory group (if one has been 
        established under subsection (h)), all records in the 
        possession or control of the United States relating to a 
        release or threatened release of a hazardous substance, 
        pollutant, or contaminant at the facility and that do not 
        relate to liability, for inspection and, subject to reasonable 
        fees, for copying.
            ``(2) Exempt records.--Paragraph (1) shall not apply to a 
        record that is exempt from disclosure under section 552 of 
        title 5, United States Code (including any information 
        protected from disclosure by privilege or as confidential 
        business information), or to any record that is exchanged 
        between parties to a dispute under this Act for the purposes of 
        settling the dispute.''.

SEC. 303. IMPROVEMENT OF PUBLIC PARTICIPATION IN THE SUPERFUND 
              DECISIONMAKING PROCESS; LOCAL COMMUNITY ADVISORY GROUPS; 
              TECHNICAL ASSISTANCE GRANTS.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 301) is amended by adding at the end the following:
    ``(g) Improvement of Public Participation in Decisionmaking 
Process.--
            ``(1) Views and preferences.--
                    ``(A) Solicitation.--To the extent practicable, in 
                addition to the solicitation of public comments on a 
                proposed remedial action plan under subsection (a)(2), 
                the Administrator, during the response action process 
                (including the responses under subsection (h)(4)(A)), 
                shall--
                            ``(i) disseminate information to the local 
                        community;
                            ``(ii) solicit information from the local 
                        community;
                            ``(iii) consider the views of the local 
                        community; and
                            ``(iv) include, in any administrative 
                        record established under section 113(k), the 
                        views of the local community and the response 
                        of the Administrator to any significant 
                        comments, criticisms, or new data submitted in 
                        a written or oral presentation.
                    ``(B) Procedure.--To solicit the views and concerns 
                of the local community, the Administrator may conduct, 
                as appropriate--
                            ``(i) face-to-face local community surveys 
                        for purposes including the identification of 
                        the location of private drinking water wells, 
                        historic and current or potential use of water, 
                        and other environmental resources in the local 
                        community;
                            ``(ii) public meetings; and
                            ``(iii) other appropriate participatory 
                        activities.
                    ``(C) Public meetings.--The Administrator shall 
                give particular consideration to providing the 
                opportunity for public meetings in advance of 
                significant decision points in the response action 
                process.
                    ``(D) Consultation.--In determining which of the 
                procedures set forth in subparagraph (B) may be 
                appropriate, the Administrator shall consult with a 
                local community advisory group, if one has been 
                established under subsection (h), and members of the 
                affected community.
                    ``(E) Notification.--The Administrator shall notify 
                the local community, affected Indian Tribes, and local 
                government concerning--
                            ``(i) the schedule for commencement of 
                        construction activities at the covered facility 
                        and the location and availability of 
                        construction plans;
                            ``(ii) the results of the any review under 
                        section 121(c) and any modifications to the 
                        covered facility made as a result of the 
                        review; and
                            ``(iii) the execution of and any revision 
                        to institutional controls being used as part of 
                        a remedial action.
            ``(2) Meetings between lead agency and potentially 
        responsible parties.--The Administrator, on a regular basis, 
        shall inform local government officials, Indian Tribes, a local 
        community advisory group (if any) and, to the extent 
        practicable, interested members of the affected community of 
        the progress and substance of technical meetings between the 
        lead agency and potentially responsible parties regarding a 
        covered facility.
            ``(3) Alternatives.--Members of the local community may 
        propose remedial action alternatives in the same manner as 
        alternatives proposed by any other interested parties.
    ``(h) Community Advisory Groups.--
            ``(1) Notice.--The Administrator shall, to the extent 
        practicable, provide notice of an opportunity to form a 
        community advisory group to members of the affected community, 
        particularly persons who are immediately proximate to or may be 
        or may have been affected by the release or threatened release 
        of a hazardous substance, pollutant, or contaminant from the 
        facility.
            ``(2) Establishment.--The Administrator shall assist in the 
        establishment of a community advisory group for a covered 
        facility to achieve direct, regular, and meaningful 
        communication among members of the local community throughout 
        the response action process--
                    ``(A) at the request of at least 20 individuals 
                residing in, or at least 10 percent of the population 
                of, the area in which that facility is located;
                    ``(B) if there is no request under subparagraph 
                (A), at the request of any local government with 
                jurisdiction over the facility; or
                    ``(C) if the Administrator determines that a 
                community advisory group would be helpful to achieve 
                the purposes of this Act.
            ``(3) Responsibilities of a community advisory group.--A 
        community advisory group shall--
                    ``(A) solicit the views of the local community on 
                various issues affecting the development and 
                implementation of response actions at the facility;
                    ``(B) serve as a conduit for information between 
                the local community and other entities represented on 
                the community advisory group;
                    ``(C) present the views of the local community 
                throughout the response process; and
                    ``(D) provide the local community reasonable notice 
                of and opportunities to participate in the meetings and 
                other activities of the community advisory group.
            ``(4) Responsibilities of the administrator.--
                    ``(A) Consultation.--The Administrator shall--
                            ``(i) consult with the community advisory 
                        group in developing and implementing the 
                        response action for a covered facility, 
                        including--
                                    ``(I) activities to be included in 
                                the facility work plan and remedial 
                                investigation;
                                    ``(II) assumptions regarding 
                                reasonably anticipated future land 
                                uses;
                                    ``(III) potential remedial 
                                alternatives;
                                    ``(IV) selection and implementation 
                                of removal and remedial actions 
                                (including operation and maintenance 
                                activities) and reviews performed under 
                                section 121(c); and
                                    ``(V) use of institutional 
                                controls;
                            ``(ii) encourage the Administrator of ATSDR 
                        and State, in cooperation with State, Indian 
                        Tribe, and local public health officials to 
                        consult with the community advisory group 
                        regarding health assessments;
                            ``(iii) keep the community advisory group 
                        informed of progress in the development and 
                        implementation of the response action; and
                            ``(iv) on request, provide to any person 
                        the hazard ranking score of any facility that 
                        has been scored under the hazardous ranking 
                        system, and the preliminary assessment and site 
                        inspection for the facility.
                    ``(B) Timely submission of comments.--The 
                Administrator shall consider comments, information, and 
                recommendations that the community advisory group 
                provides in a timely manner.
                    ``(C) Consensus.--The community advisory group 
                shall attempt to achieve consensus among its members 
                before providing comments and recommendations to the 
                Administrator. If consensus cannot be reached, the 
                community advisory group shall report or allow 
                presentation of divergent views.
            ``(5) Composition of community advisory groups.--
                    ``(A) Members.--The Administrator shall, to the 
                extent practicable, ensure that the membership of a 
                community advisory group reflects the composition of 
                the affected community and a diversity of interests. A 
                community advisory group for a covered facility shall 
                include a minimum of 1 representative of the recipients 
                of a technical assistance grant, if any has been 
                awarded with respect to the facility, and shall 
                include, to the extent practicable, a person from each 
                of the following groups:
                            ``(i) Persons who reside or own residential 
                        property near the facility.
                            ``(ii) Persons who, although they may not 
                        reside or own property near the facility, may 
                        be affected by the facility contamination.
                            ``(iii) Local public health practitioners 
                        or medical practitioners (particularly 
                        practitioners that are practicing in the 
                        affected community).
                            ``(iv) Local Indian communities that may be 
                        affected by the facility contamination.
                            ``(v) Local citizen, civic, environmental, 
                        or public interest groups.
                            ``(vi) Members of the local business 
                        community.
                            ``(vii) Employees at the facility during 
                        facility operation.
                    ``(B) Local residents.--Local community members 
                shall comprise a majority of the voting membership of a 
                community advisory group.
                    ``(C) Number of voting members.--The Administrator 
                shall, to the extent practicable, ensure that the 
                voting membership of the community advisory group does 
                not exceed 20 persons.
                    ``(D) Compensation.--Members of a community 
                advisory group shall serve without compensation.
                    ``(E) Nonvoting members.--The Administrator shall 
                ensure that representatives of the following entities 
                have an opportunity to participate as appropriate (as 
                nonvoting members) in community advisory group meetings 
                for purposes including providing information and 
                technical expertise):
                            ``(i) The Administrator.
                            ``(ii) The Administrator of the ATSDR.
                            ``(iii) Other Federal agencies.
                            ``(iv) Affected States.
                            ``(v) Affected Indian Tribes.
                            ``(vi) Representatives of affected local 
                        governments, such as city or county governments 
                        or local emergency planning committees, and any 
                        other governmental unit that regulates land use 
                        or land use planning in the vicinity of the 
                        facility.
                            ``(vii) Facility owners.
                            ``(viii) Potentially responsible parties.
            ``(6) Technical assistance grants.--The Administrator may 
        award a technical assistance grant under subsection (i) to a 
        community advisory group.
            ``(7) Administrative support.--The Administrator, to the 
        extent practicable, may provide administrative services and 
        support services to the community advisory group.
            ``(8) Other community advisory groups.--The President may 
        determine that a Department of Defense restoration advisory 
        board, a Department of Energy site specific advisory board, an 
        ATSDR citizen advisory panel, or an equivalent advisory group 
        can serve the same function as a community advisory group, and 
        in that instance no other community action group shall be 
        required.
            ``(9) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to a community 
        advisory group, to a citizen advisory group (designated by the 
        President to serve the functions of a community advisory group, 
        or to a Department of Defense restoration advisory board, 
        Department of Energy Site Specific advisory board, or an ATSDR 
        citizen advisory panel.
            ``(10) 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 affects the status of any community advisory group 
        formed before the date of enactment of this subsection. Nothing 
        in this section affects the status, decisions, or future 
        formation of any Department of Defense Restoration Advisory 
        Board, or Department of Energy Site Specific Advisory Board, 
        and no community advisory group need be established for a 
        facility if any such Board has been established for the 
        facility.
    ``(i) Technical Assistance Grants.--
            ``(1) Authority.--
                    ``(A) In general.--The Administrator may make 
                grants available to members of an affected community 
                for a covered facility in accordance with this 
                subsection.
                    ``(B) Accessibility of application process.--To 
                ensure that the application process for a technical 
                assistance grant is accessible to all affected citizen 
                groups, the Administrator shall periodically review the 
                application process and, based on the review, implement 
                appropriate changes to improve access.
            ``(2) Special rules.--
                    ``(A) No matching contribution.--No matching 
                contribution shall be required for a technical 
                assistance grant.
                    ``(B) Methods of payment.--The Administrator may 
                disburse the grant to a recipient in advance of the 
                recipient's making expenditures to be covered by the 
                grant. In the event that the Administrator advances 
                funds, funds shall be advanced in amounts that do not 
                exceed to the greater of $5,000 or 10 percent of the 
                grant amount.
            ``(3) Limit per facility.--
                    ``(A) In general.--The Administrator may award not 
                more than 1 technical assistance grant at 1 time with 
                respect to a single covered facility.
                    ``(B) Extension.--The Administrator may extend a 
                project period established in a grant to facilitate 
                public participation at all stages of a response 
                action.
            ``(4) Funding amount.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of a technical assistance 
                grant may not exceed $50,000 for a single grant 
                recipient.
                    ``(B) Increase.--The Administrator may waive the 
                limit on the amount of an initial technical assistance 
                grant if such an increase is necessary to reflect--
                            ``(i) the complexity and duration of the 
                        response action;
                            ``(ii) the nature and extent of 
                        contamination at the facility;
                            ``(iii) the level of facility activity;
                            ``(iv) projected total needs as requested 
                        by the grant recipient;
                            ``(v) the size of and distances between the 
                        affected communities; or
                            ``(vi) the ability of the grant recipient 
                        to identify and raise funds from other non-
                        Federal sources.
            ``(5) Considerations.--In determining how to structure 
        payment of the amount of a technical assistance grant, whether 
        to extend a grant project period under subparagraph (3)(B), or 
        whether to grant a waiver under paragraph (4)(B), the 
        Administrator may consider factors such as the geographical 
        size of the facility and the distances between affected 
        communities.
            ``(6) Use of technical assistance grants.--
                    ``(A) In general.--A technical assistance grant 
                recipient may use a grant--
                            ``(i) to hire experts to assist the 
                        recipient in interpreting information and 
                        preparing the presentation of the recipient's 
                        views with regard to a response action at the 
                        facility (including any phase identified in 
                        subsection (h)(4)(A));
                            ``(ii) to publish newsletters or otherwise 
                        disseminate information to other members of the 
                        local community; or
                            ``(iii) to provide funding for training for 
                        interested affected citizens to enable the 
                        citizens to more effectively participate in the 
                        response process.
                    ``(B) Limitation on use for training.--The 
                technical assistance grant recipient may use no more 
                than 10 percent of the amount of a technical assistance 
                grant, or $5,000, whichever is less, for training under 
                subparagraph (A)(iii).
            ``(7) Grant guidelines.--Not later than 180 days after the 
        date of enactment of this paragraph, the Administrator shall 
        ensure that any guidelines concerning the management of 
        technical assistance grants by grant recipients conform with 
        this section.''.

SEC. 304. 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--
             (1) by striking ``shall include, but not be limited to, 
        the conduct of research'' and inserting the following: ``shall 
        include--
                    ``(A) the conduct of research'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) adding at the end the following:
                    ``(B) the conduct of a program to provide to 
                affected communities educational and technical 
                assistance to and information regarding the effects or 
                potential effects of the contamination on human health 
                and the environment.''.

SEC. 305. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

    (a) Notice to Health Authorities.--Section 104(b) of Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(b)) is amended by adding at the end the following:
            ``(3) Notice to health authorities.--The President shall 
        notify State, local, and tribal public health authorities 
        whenever a release of a hazardous substance, pollutant, or 
        contaminant has occurred, is occurring, or is about to occur, 
        or there is a threat of such a release, and the release or 
        threatened release is under investigation pursuant to this 
        section.''.
    (b) Amendments Relating to ATSDR.--Section 104(i) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(i)) is amended--
            (1) in paragraph (1)--
                    (A) in the second sentence, by striking ``and 
                appropriate State and local health officials'' and 
                inserting ``the Indian Health Service, and appropriate 
                State, tribal, and local health officials'';
                    (B) in subparagraphs (A) and (C), by inserting 
                ``and Indian Tribes'' after ``States''; and
                    (C) in subparagraph (E), by striking ``admission to 
                hospitals and other facilities and services operated or 
                provided by the Public Health Service.'' and inserting 
                ``referral to licensed or accredited health care 
                providers.'';
            (2) in paragraph (3), in the matter following subparagraph 
        (C)--
                    (A) in the sentence beginning ``Profiles required 
                under'', by striking ``, but no less often'' and all 
                that follows through the period at the end and 
                inserting ``if the Administrator of ATSDR determines 
                that there is significant new information.''; and
                    (B) in the last sentence, by inserting ``and Indian 
                Tribes'' after ``States'';
            (3) paragraph (4)--
                    (A) in the first sentence, by striking ``State 
                officials'' and inserting ``State, tribal,''; and
                    (B) in the second sentence, by inserting ``or 
                Indian Tribes'' after ``States'';
            (4) in paragraph (5)(A)--
                    (A) in the first sentence, by inserting ``and the 
                Indian Health Service'' after ``Public Health 
                Service''; and
                    (B) in the second sentence, 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'';
            (5) in paragraph (6)--
                    (A) by striking ``(6)(A) The Administrator'' and 
                all that follows through the end of subparagraph (A) 
                and inserting the following:
            ``(6) Health assessments and related health activities.--
                    ``(A) Requirements.--The Administrator of ATSDR 
                shall perform a health assessment for each covered 
                facility unless the Administrator publishes a finding 
                that the facility presents no significant health 
                risk.'';
                    (B) in subparagraph (D), by adding at the end the 
                following: ``The President and the Administrator of 
                ATSDR shall, for each facility that is placed on the 
                National Priorities List on or after the date of 
                enactment of the Superfund Cleanup Acceleration Act of 
                1998, complete a health assessment prior to the 
                completion of the remedial investigation and 
                feasibility study, but in no circumstance shall the 
                President delay the progress of a remedial action 
                pending completion of a health assessment. When 
                appropriate, the Administrator of ATSDR shall, in 
                cooperation with State and local health officials, 
                provide to the President recommendations for sampling 
                environmental media. To the extent practicable, the 
                President shall incorporate the recommendations into 
                facility characterization activities.'';
                    (C) in the first sentence of subparagraph (E), by 
                striking ``or political subdivision carrying out a 
                health assessment'' and inserting ``, Indian Tribe, or 
                political subdivision of a State carrying out a health 
                assessment'';
                    (D) in subparagraph (F)--
                            (i) by striking ``(F) For the purposes'' 
                        and inserting the following:
                    ``(F) Definition of health assessments.--
                            ``(i) In general.--For the purposes'';
                            (ii) in the first sentence--
                                    (I) by striking ``existence of 
                                potential'' and inserting ``past, 
                                present, or future potential''; and
                                    (II) by striking ``and the 
                                comparison'' and inserting ``the 
                                comparison''; and
                            (iii) by striking the second sentence and 
                        inserting the following:
                            ``(ii) Provision of data.--The 
                        Administrator shall consider information 
                        provided by State, Indian Tribe, and local 
                        health officials and the affected community 
                        (including a community advisory group, if one 
                        has been established under subsection (g)) as 
                        is necessary to perform a health assessment.'';
                    (E) in the last sentence of subparagraph (G)--
                            (i) by striking ``In using'' and all that 
                        follows through ``to be taken'' and inserting 
                        ``In performing health assessments''; and
                            (ii) by inserting before the period at the 
                        end the following: ``and shall 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''; and
                    (F) in the first sentence of subparagraph (H), by 
                striking ``each affected State'' and inserting 
                ``appropriate State, Indian Tribe, and local health 
                officials and community advisory groups'';
            (6) in paragraph (10)--
                    (A) by striking ``Two years'' and all that follows 
                through ``thereafter'' and inserting ``Every 2 years'';
                    (B) by striking ``and'' at the end of subparagraph 
                (D);
                    (C) by striking the period at the end of 
                subparagraph (E) and inserting ``; and'';
                    (D) by adding at the end the following:
                    ``(F) the health impacts on Indian Tribes of 
                hazardous substances, pollutants, and contaminants from 
                covered facilities.'';
            (7) in paragraph (14)--
                    (A) by striking ``distribute to the States, and 
                upon request to medical colleges, physicians, and'' and 
                inserting the following: ``distribute--
            ``(A) to the States and local health officials, and upon 
        request to medical colleges, medical centers, local health 
        practitioners, and'';
                    (B) by striking ``methods of diagnosis and 
                treatment'' and inserting ``methods of prevention, 
                diagnosis, and treatment'';
                    (C) by striking the period at the end and inserting 
                ``; and''; and
                    (D) by adding at the end the following:
            ``(B) to the community potentially affected by a facility 
        appropriate educational materials, facility-specific 
        information, and other information on human health effects of 
        hazardous substances using available community information 
        networks, including, if appropriate, or a community advisory 
        group.'';
            (8) in the first sentence of paragraph (15), by striking 
        ``through cooperative'' and all that follows through ``which 
        the Administrator'' and inserting the following: ``through 
        grants to, or cooperative agreements or contracts with, States 
        (or political subdivisions of States) or other appropriate 
        public authorities or private nonprofit entities, public or 
        private institutions, colleges or universities, or professional 
        associations that the Administrator''; and
            (9) by adding at the end the following:
            ``(19) Public health education.--
                    ``(A) In general.--If the Administrator of ATSDR 
                considers it appropriate, the Administrator of ATSDR, 
                in cooperation with State, Indian Tribe, and other 
                interested Federal and local officials, shall conduct 
                health education activities to make a community near a 
                covered facility aware of the steps the community may 
                take to mitigate or prevent exposure to hazardous 
                substances and the health effects of hazardous 
                substances.
                    ``(B) Dissemination.--In disseminating public 
                health information under this paragraph relating to a 
                covered facility, the Administrator of ATSDR shall use 
                community health centers, area health education 
                centers, or other community information networks, 
                including a community advisory group, or a technical 
                assistance grant recipient.''.
    (c) 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 ``such remedial action'' the second place 
it appears the following: ``, including public health recommendations 
and decisions resulting from activities under section 104(i),''.
    (d) Study of Multiple Sources of Risk.--
            (1) In general.--The Administrator of the Agency for Toxic 
        Substances and Disease Registry (referred to in this subsection 
        as ``ATSDR''), in consultation with the Administrator of the 
        Environmental Protection Agency, shall conduct a study relating 
        to the identification, assessment, and management of, and 
        response to, multiple sources of exposure affecting or 
        potentially affecting a community.
            (2) Components.--In conducting the study, the Administrator 
        of ATSDR may--
                    (A) examine various approaches to protect 
                communities affected or potentially affected by 
                multiple sources of exposure to hazardous substances; 
                and
                    (B) include recommendations that the President may 
                consider in developing an implementation plan to 
                address the effects or potential effects of exposure at 
                covered facilities (as defined in section 117(a) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9617(a)).

SEC. 306. UNDERSTANDABLE PRESENTATION OF MATERIALS.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 305) is amended by adding at the end the following:
    ``(k) Presentation of Materials.--The President shall ensure that 
information prepared for or distributed 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.'' .

SEC. 307. NO IMPEDIMENT TO RESPONSE ACTIONS.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 307) is amended by adding at the end the following:
    ``(l) No Impediment to Response Actions.--Nothing in this section 
shall impede or delay the ability of the Environmental Protection 
Agency to conduct a response action necessary to protect human health 
and the environment.''.

                TITLE IV--SELECTION OF REMEDIAL ACTIONS

SEC. 401. DEFINITIONS.

    Section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as amended by 
section 301(a)) is amended by adding at the end the following:
            ``(42) Technically impracticable.--The term `technically 
        impracticable' means impracticable due to engineering 
        infeasibility or unreliability or inordinate costs.
            ``(43) Beneficial use.--The term `beneficial use' means the 
        use of land on completion of a response action in a manner that 
        confers economic, social, environmental, conservation, or 
        aesthetic benefit.''.

SEC. 402. SELECTION AND IMPLEMENTATION OF REMEDIAL ACTIONS.

    Section 121 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9621) is amended--
            (1) by striking the section heading and subsections (a) and 
        (b) and inserting the following:

``SEC. 121. SELECTION AND IMPLEMENTATION OF REMEDIAL ACTIONS.

    ``(a) General Rules.--
            ``(1) Selection of cost-effective remedial action that 
        protects human health and the environment.--
                    ``(A) In general.--The President shall select a 
                cost-effective remedial action that achieves the 
                mandate to protect human health and the environment as 
                stated in subparagraph (B) and attains or complies with 
                applicable Federal and State laws in accordance with 
                subparagraph (C).
                    ``(B) Attainment of mandate to protect human health 
                and the environment.--
                            ``(i) Protection of human health.--
                        Notwithstanding any other provision of this 
                        Act, a remedial action shall protect human 
                        health (including the health of children and 
                        other highly exposed or highly susceptible 
                        subpopulations). A remedial action shall be 
                        considered to protect human health if, 
                        considering the expected exposures associated 
                        with the current or reasonably anticipated 
                        future use of the land and water resources and 
                        on the basis of a facility-specific risk 
                        evaluation in accordance with section 131, the 
                        remedial action--
                                    ``(I) achieves a residual risk from 
                                exposure to nonthreshold carcinogenic 
                                hazardous substances, pollutants, or 
                                contaminants such that cumulative 
                                lifetime additional cancer risk from 
                                exposure to hazardous substances, 
                                pollutants, or contaminants from 
                                releases at the facility range from 
                                10<SUP>-4</SUP> to 10<SUP>-6</SUP> for 
                                the affected population;
                                    ``(II) achieves a residual risk 
                                from exposure to threshold carcinogenic 
                                and noncarcinogenic hazardous 
                                substances, pollutants, or contaminants 
                                at the facility, that does not exceed a 
                                hazard index of 1; and
                                    ``(III) prevents or eliminates any 
                                actual human ingestion of drinking 
                                water containing any hazardous 
                                substance from the release at levels--
                                            ``(aa) in excess of the 
                                        maximum contaminant level 
                                        established under the Safe 
                                        Drinking Water Act (42 U.S.C. 
                                        300f et seq.); or
                                            ``(bb) if no such maximum 
                                        contaminant level has been 
                                        established for the hazardous 
                                        substance, at levels that meet 
                                        the goals for protection of 
                                        human health under clause (i).
                            ``(ii) Protection of the environment.--
                                    ``(I) In general.--A remedial 
                                action for a facility shall be 
                                considered to be protective of the 
                                environment if, considering the current 
                                or reasonably anticipated use of any 
                                land and water resources, the remedial 
                                action protects plants and animals from 
                                significant impacts resulting from 
                                releases of hazardous substances at the 
                                facility.
                                    ``(II) Protectiveness 
                                determination.--The determination under 
                                subclause (I) of what is protective of 
                                plants and animals shall not be based 
                                on the impact to an individual plant or 
                                animal in the absence of an impact at 
                                the population, community, or ecosystem 
                                level, unless the plant or animal is 
                                listed as a threatened or endangered 
                                species under the Endangered Species 
                                Act of 1973 (16 U.S.C. 1531 et seq.).
                    ``(C) Compliance with federal and state laws.--
                            ``(i) Applicable requirements.--
                                    ``(I) In general.--Subject to 
                                clause (iii), a remedial action shall 
                                require, at the completion of the 
                                remedial action, a level or standard of 
                                control for each hazardous substance, 
                                pollutant, and contaminant that at 
                                least attains the substantive 
                                requirements of all promulgated 
                                standards, requirements, criteria, and 
                                limitations, under--
                                            ``(aa) each Federal 
                                        environmental law, that are 
                                        legally applicable to the 
                                        conduct or operation of the 
                                        remedial action or to the level 
                                        of cleanup for hazardous 
                                        substances, pollutants, or 
                                        contaminants addressed by the 
                                        remedial action;
                                            ``(bb) any State 
                                        environmental or facility 
                                        siting law, that are more 
                                        stringent than any Federal 
                                        standard, requirement, 
                                        criterion, or limitation and 
                                        are legally applicable to the 
                                        conduct or operation of the 
                                        remedial action or to the level 
                                        of cleanup for hazardous 
                                        substances, pollutants, or 
                                        contaminants addressed by the 
                                        remedial action, and that the 
                                        State demonstrates are of 
                                        general applicability, 
                                        publishes and identifies to the 
                                        President in a timely manner as 
                                        being applicable to the 
                                        remedial action, and has 
                                        consistently applied to other 
                                        remedial actions in the State; 
                                        and
                                            ``(cc) any more stringent 
                                        standard, requirement, 
                                        criterion, or limitation 
                                        relating to an environmental or 
                                        facility siting law promulgated 
                                        by the State after the date of 
                                        enactment of the Superfund 
                                        Cleanup Acceleration Act of 
                                        1998 that the State 
                                        demonstrates are of general 
                                        applicability, publishes and 
                                        identifies to the President in 
                                        a timely manner as being 
                                        applicable to the remedial 
                                        action, and has consistently 
                                        applied to other remedial 
                                        actions in the State.
                                    ``(II) Contaminated media.--
                                Compliance with substantive provisions 
                                of section 3004 of the Solid Waste 
                                Disposal Act (42 U.S.C. 6924) shall not 
                                be required with respect to return, 
                                replacement, or disposal of 
                                contaminated media (including residuals 
                                of contaminated media and other solid 
                                wastes generated onsite in the conduct 
                                of a remedial action) into the same 
                                media in or very near then-existing 
                                areas of contamination onsite at a 
                                facility.
                            ``(ii) Applicability of requirements to 
                        response actions conducted onsite.--No 
                        procedural or administrative requirement of any 
                        Federal, State, or local law (including any 
                        requirement for a permit) shall apply to a 
                        response action that is conducted onsite at a 
                        facility if the response action is selected and 
                        carried out in compliance with this section.
                            ``(iii) Waiver provisions.--
                                    ``(I) In general.--The President 
                                may select a remedial action at a 
                                facility that meets the requirements of 
                                subparagraph (B) that does not attain a 
                                level or standard of control that is at 
                                least equivalent to an applicable 
                                requirement described in clause (i)(I) 
                                if the President makes any of the 
                                following findings:
                                            ``(aa) Part of remedial 
                                        action.--The selected remedial 
                                        action is only part of a total 
                                        remedial action that will 
                                        attain the applicable 
                                        requirements of clause (i)(I) 
                                        when the total remedial action 
                                        is completed.
                                            ``(bb) Greater risk.--
                                        Attainment of the requirements 
                                        of clause (i)(I) will result in 
                                        greater risk to human health or 
                                        the environment than 
                                        alternative options.
                                            ``(cc) Technical 
                                        impracticability.--Attainment 
                                        of the requirements of clause 
                                        (i)(I) is technically 
                                        impracticable.
                                            ``(dd) Equivalent to 
                                        standard of performance.--The 
                                        selected remedial action will 
                                        attain a standard of 
                                        performance that is equivalent 
                                        to that required under clause 
                                        (i)(I) through use of another 
                                        method or approach.
                                            ``(ee) Inconsistent 
                                        application.--With respect to a 
                                        State requirement made 
                                        applicable under clause (i)(I), 
                                        the State has not consistently 
                                        applied (or demonstrated the 
                                        intention to apply 
                                        consistently) the requirement 
                                        in similar circumstances to 
                                        other remedial actions in the 
                                        State.
                                            ``(ff) Balance.--In the 
                                        case of a remedial action to be 
                                        funded predominantly under 
                                        section 104 or 137 using 
                                        amounts from the Fund, a 
                                        selection of a remedial action 
                                        that attains that level or 
                                        standard of control described 
                                        in clause (i)(I) will not 
                                        provide a balance between the 
                                        need for protection of public 
                                        health and welfare and the 
                                        environment at the facility, 
                                        and the need to make amounts 
                                        from the Fund available to 
                                        respond to other facilities 
                                        that may present a threat to 
                                        public health or welfare or the 
                                        environment, taking into 
                                        consideration the relative 
                                        immediacy of the threats 
                                        presented by the various 
                                        facilities.
                                    ``(II) Publication.--The President 
                                shall publish any findings made under 
                                subclause (I), including an explanation 
                                and appropriate documentation and an 
                                explanation of how the selected 
                                remedial action meets the requirements 
                                of section 121.
                    ``(D) No standard.--If no applicable Federal or 
                State standard has been established for a specific 
                hazardous substance, pollutant, or contaminant, a 
                remedial action shall attain a standard that the 
                President determines to be protective of human health 
                and the environment as stated in subsection (a)(1)(B).
            ``(2) Methodology for selection of a remedial action.--The 
        President shall select a remedial action from among a range of 
        alternative remedial actions that satisfy the requirements of 
        paragraph (1) by balancing the criteria stated in paragraph 
        (3). The President's selection of a remedial action under this 
        section shall take into account the remedy selection rules 
        stated in subsection (b).
            ``(3) Remedy selection criteria.--In selecting a remedial 
        action from among alternatives that satisfy the requirements of 
        subsection (a)(1) and take into account the rules stated in 
        subsection (b), the President shall balance the following 
        factors, ensuring that no single factor predominates over the 
        others:
                    ``(A) The effectiveness of the remedy in ensuring 
                the protection of human health (including the health of 
                children and other highly exposed or highly susceptible 
                subpopulations) and the environment.
                    ``(B) The reliability of the remedial action in 
                achieving the protectiveness standards over the long 
                term.
                    ``(C) Any short-term risk to the affected 
                community, those engaged in the remedial action effort, 
                and to the environment posed by the implementation of 
                the remedial action.
                    ``(D) The acceptability of the remedial action to 
                the affected community.
                    ``(E) The implementability of the remedial action.
                    ``(F) The reasonableness of the cost.
    ``(b) Remedy Selection Rules.--
            ``(1) Reasonably anticipated future use of land and water 
        resources.--
                    ``(A) In general.--In selecting a response action 
                for a facility, the President shall take into account 
                the reasonably anticipated future use of land and water 
                resources potentially affected by the release or threat 
                of release of a hazardous substance, pollutant, or 
                contaminant from the facility.
                    ``(B) Use of land resources.--
                            ``(i) Consideration of views.--In 
                        developing assumptions regarding reasonably 
                        anticipated future land uses to be used in 
                        developing and evaluating remedial 
                        alternatives, the President shall consider the 
                        views of--
                                    ``(I) local government officials; 
                                and
                                    ``(II) members of the affected 
                                community, particularly persons who are 
                                immediately proximate to or may be 
                                directly affected by the release or 
                                threatened release of a hazardous 
                                substance, pollutant, or contaminant 
                                from the facility.
                            ``(ii) Factors to be considered.--In 
                        developing assumptions regarding reasonably 
                        anticipated future land use to be used in 
                        developing and evaluating remedial 
                        alternatives, the President shall consider, in 
                        addition to views of persons described in 
                        clause (i), factors including the following:
                                    ``(I) The current land use zoning 
                                and future land use plans of the local 
                                government with land use regulatory 
                                authority.
                                    ``(II)(aa) The recent land use 
                                history of the facility and properties 
                                in the vicinity of the facility.
                                    ``(bb) The current land uses of the 
                                facility and properties in the vicinity 
                                of the facility.
                                    ``(cc) Recent development patterns 
                                in the area where the facility is 
                                located.
                                    ``(dd) Population projections for 
                                the area where the facility is located.
                                    ``(III) Federal and State land use 
                                designations, including--
                                            ``(aa) Federal facility and 
                                        national park designations;
                                            ``(bb) State ground water 
                                        or surface water recharge area 
                                        designations established under 
                                        a State's comprehensive 
                                        protection plan for ground 
                                        water or surface water; and
                                            ``(cc) recreational and 
                                        conservation area designations.
                                    ``(IV) The potential for beneficial 
                                use.
                                    ``(V) The proximity of the 
                                contamination to residences, natural 
                                resources, or areas of unique historic 
                                or cultural significance.
                                    ``(VI) The plans of the owner or 
                                operator of the facility.
                    ``(C) Use of water resources.--In developing 
                assumptions regarding what future ground water and 
                surface water uses may be reasonably anticipated, the 
                President shall--
                            ``(i) consider and accord substantial 
                        deference to the classifications and 
                        designations set forth in a State comprehensive 
                        ground water protection program that has been 
                        endorsed by the Administrator; and
                            ``(ii) consider other designations or plans 
                        adopted by the governmental unit that regulates 
                        surface or ground water use planning in the 
                        vicinity of the facility, including a State's 
                        designation of uses under the underground 
                        injection control program or a State 
                        classification guideline.
                    ``(D) Administrative records.--All information on 
                which the President bases the development of 
                assumptions under this paragraph shall be included in 
                the administrative record established under section 
                113(k).
            ``(2) Ground water.--
                    ``(A) In general.--
                            ``(i) Selection of remedial action.--The 
                        President shall select a remedial action for 
                        contaminated ground water in accordance with 
                        subsection (a), as modified by the requirements 
                        of this paragraph.
                            ``(ii) Phasing.--The use of phasing shall 
                        be considered in a remedial action for ground 
                        water in order to allow collection of 
                        sufficient data to evaluate the effect of any 
                        other remedial action taken at the site and to 
                        determine the appropriate scope of the remedial 
                        action.
                            ``(iii) Factors to be taken into account.--
                        A decision regarding a remedial action for 
                        contaminated ground water shall take into 
                        account--
                                    ``(I) the current or reasonably 
                                anticipated future use of the ground 
                                water and the timing of that use;
                                    ``(II) any attenuation or 
                                biodegradation that would occur if no 
                                remedial action were taken; and
                                    ``(III) the effect of any other 
                                completed or planned response action.
                    ``(B) Uncontaminated ground water.--Subject to 
                subparagraph (E), a remedial action shall seek to 
                protect uncontaminated ground water that is suitable 
                for use as drinking water for such beneficial use 
                unless it is technically impracticable to do so.
                    ``(C) Contaminated ground water.--
                            ``(i) In general.--In the case of 
                        contaminated ground water for which the current 
                        or reasonably anticipated future use of the 
                        resource is as drinking water, unless the 
                        President determines that restoration of some 
                        portion of the contaminated ground water to a 
                        condition suitable for the use is technically 
                        impracticable, the President shall restore the 
                        ground water to a condition suitable for 
                        beneficial use.
                            ``(ii) Evaluation of technical 
                        practicability.--In evaluating the technical 
                        practicability of restoration and the time 
                        frame in which restoration can be achieved, the 
                        President may distinguish among 2 or more zones 
                        of ground water contamination at a facility and 
                        may select a remedial action that includes 
                        different actions, points of compliance, and 
                        time frames tailored to the circumstances of 
                        each such zone.
                            ``(iii) Integration of actions.--Actions 
                        taken in any zone shall be integrated with 
                        actions taken, points of compliance, and time 
                        frames selected in other zones.
                            ``(iv) Remedial action standards.--A 
                        remedial action for contaminated ground water 
                        the current or reasonably anticipated future 
                        use of which is drinking water shall, unless 
                        technically impracticable, attain in the 
                        contaminated ground water plume, extending to 
                        the boundary of any hazardous substance, 
                        pollutant, or contaminant that will be managed 
                        in place as part of the remedial action, 1 of 
                        the following standards (provided that the 
                        standard is no more stringent than the 
                        naturally occurring background levels of the 
                        contaminants in the surrounding area):
                                    ``(I) Maximum contaminant levels 
                                established under the Safe Drinking 
                                Water Act (42 U.S.C. 300f et seq.), 
                                unless a standard under subclause (II) 
                                would be more stringent.
                                    ``(II) State drinking water 
                                standards or State water quality 
                                standards for water designated for 
                                drinking water use.
                                    ``(III) If no standard under 
                                subclause (I) or (II) is applicable, a 
                                level selected in accordance with 
                                subsection (a)(1)(D) and section 131 
                                that is protective of human health and 
                                the environment.
                            ``(v) Contaminants managed in place.--
                        Restoration to beneficial use and the standards 
                        under clause (iv) are not required to be 
                        attained in an area in which any hazardous 
                        substance, pollutant, or contaminant is managed 
                        in place.
                            ``(vi) Not a potential source of drinking 
                        water.--In the case of contaminated ground 
                        water or surface water that is not suitable for 
                        beneficial use as drinking water (as determined 
                        under subparagraph (F)), a remedial action 
                        shall, unless it is technically impracticable 
                        for it to do so, attain a standard that is 
                        protective for the current or reasonably 
                        anticipated future uses of the water and any 
                        surface water to which the contaminated water 
                        discharges.
                            ``(vii) Restoration technically 
                        impracticable.--
                                    ``(I) In general.--A remedial 
                                action for contaminated ground water 
                                having current or reasonably 
                                anticipated future use as a drinking 
                                water source for which attainment of 
                                the levels described in clause (iv) is 
                                technically impracticable shall be 
                                selected in accordance with this 
                                clause.
                                    ``(II) No ingestion.--A remedial 
                                action shall include, as appropriate, 
                                provision of an alternate water supply, 
                                point-of-entry, or point-of-use 
                                treatment or other measures to ensure 
                                that there will be no ingestion of or 
                                exposure of humans to drinking water at 
                                levels exceeding the requirements of 
                                subparagraph (C)(iv).
                                    ``(III) Prevention of impairment of 
                                designated surface water use.--A 
                                remedial action shall, unless it is 
                                technically impracticable for it to do 
                                so, prevent impairment of any 
                                designated surface water use 
                                established under section 303 of the 
                                Federal Water Pollution Control Act (42 
                                U.S.C. 1313) or comparable State law 
                                caused by a hazardous substance, 
                                pollutant, or contaminant in any 
                                surface water into which contaminated 
                                ground water is known or expected to 
                                enter.
                                    ``(IV) Provision for long-term 
                                monitoring.--A remedial action shall 
                                provide for long-term monitoring, as 
                                appropriate (including any information 
                                needed for the purposes of review under 
                                subsection (c)).
                                    ``(V) Responsibility of parties.--
                                If the President selects point-of-entry 
                                or point-of-use treatment, an 
                                alternative source of water supply, or 
                                another method of treating contaminated 
                                water (including treatment before 
                                distribution), the party or parties 
                                otherwise responsible for remediation 
                                shall be responsible for providing 
                                drinking water meeting the requirements 
                                of clause (iv), including all directly 
                                associated incremental costs for 
                                operation and maintenance and for 
                                delivery of drinking water for current 
                                and reasonably anticipated future uses 
                                until such time as the level of 
                                contamination is reliably and 
                                consistently at or below the levels 
                                specified under clause (iv).
                    ``(D) Monitored natural attenuation.--
                            ``(i) In general.--Monitored natural 
                        attenuation may be used as an element of a 
                        remedial action for contaminated ground water.
                            ``(ii) Factors to be taken into account.--
                        In using monitored natural attenuation as part 
                        of a ground water action, the President or 
                        preparer of the remedial action plan shall take 
                        into account the factors listed in subparagraph 
                        (A) (iii).
                    ``(E) Alternate concentration limits for 
                contaminated ground water.--For the purposes of this 
                section, a process for establishing alternate 
                concentration limits to those otherwise applicable for 
                hazardous substances, pollutants, or contaminants under 
                subparagraph (C)(iv) may not be used to establish 
                standards under this paragraph if the process assumes a 
                point of human exposure beyond the boundary of the 
                facility, as defined at the conclusion of the remedial 
                investigation and feasibility study, except that 
                where--
                            ``(i) there are known and projected points 
                        of entry of ground water into surface water; 
                        and
                            ``(ii) on the basis of measurements or 
                        projections, there is and will be no impairment 
                        of the designated use established under section 
                        303 of the Federal Water Pollution Control Act 
                        (42 U.S.C. 1313) from ground water in such 
                        surface water at the point of entry or at any 
                        point where there is reason to believe 
                        accumulation of constituents may occur 
                        downstream; and
                            ``(iii) the remedial action includes 
                        enforceable measures that will preclude human 
                        exposure to the contaminated ground water at 
                        any point between the facility boundary and all 
                        known and projected points of entry of such 
                        ground water into surface water;
                the assumed point of human exposure may be at such 
                known and projected points of entry.
                    ``(F) Ground water not suitable for beneficial use 
                as drinking water.--Notwithstanding any other 
                evaluation or determination regarding the suitability 
                of ground water for drinking water use, ground water 
                that is not suitable for use as drinking water because 
                of--
                            ``(i) naturally occurring conditions;
                            ``(ii) contamination resulting from broad-
                        scale human activity unrelated to a specific 
                        facility or release that restoration of 
                        drinking water quality is technically 
                        impracticable; or
                            ``(iii) physical incapability of yielding a 
                        quantity of 150 gallons per day of water to a 
                        well or spring (unless the well or spring is 
                        currently being used as a source of drinking 
                        water);
                shall not be considered as suitable for beneficial use 
                as drinking water.
            ``(3) Preference for treatment.--
                    ``(A) In general.--For any discrete area containing 
                a hazardous substance, pollutant, or contaminant that--
                            ``(i) cannot be reliably contained; and
                            ``(ii) presents a substantial risk to human 
                        health and the environment because of--
                                    ``(I) the high toxicity of the 
                                hazardous substance, pollutant, or 
                                contaminant;
                                    ``(II) the high mobility of the 
                                hazardous substance, pollutant, or 
                                contaminant; and
                                    ``(III) a reasonable probability of 
                                actual exposure based upon an 
                                evaluation of site-specific factors;
                the remedy selection process described in subsection 
                (a) shall include a preference for a remedial action 
                that includes treatment that reduces the risk posed by 
                the nature and probability of exposure to the hazardous 
                substance, pollutant, or contaminant over remedial 
                actions that do not include such treatment.
                    ``(B) Final containment.--With respect to a 
                discrete area described in subparagraph (A), the 
                President may select a final containment remedy at a 
                landfill or mining site or similar facility if--
                            ``(i)(I) the discrete area is small 
                        relative to the overall volume of waste or 
                        contamination being addressed;
                            ``(II) the discrete area is not readily 
                        identifiable and accessible; and
                            ``(III) without the presence of the 
                        discrete area, containment would have been 
                        selected as the appropriate remedy under this 
                        subsection for the larger body of waste or 
                        larger area of contamination in which the 
                        discrete area is located; or
                            ``(ii) the volume and size of the discrete 
                        area is extraordinary compared to other 
                        facilities listed on the National Priorities 
                        List, and, because of the volume, size, and 
                        other characteristics of the discrete area, it 
                        is highly unlikely that any treatment 
                        technology will be developed that could be 
                        implemented at a reasonable cost.
            ``(4) Institutional and engineering controls.--
                    ``(A) Definition of institutional control.--In this 
                paragraph, the term `institutional control' means a 
                restriction on the permissible use of land, ground 
                water, or surface water, included as part of the basis 
                of decision in a final record of decision or any other 
                enforceable decision document for a facility on the 
                National Priorities List, to comply with the 
                requirements of section 121(a) to protect human health 
                and the environment, including--
                            ``(i) a zoning restriction or future land 
                        use plan of the local government with land use 
                        regulatory authority;
                            ``(ii) a contaminated ground water 
                        management zone or permit program of the 
                        government unit that regulates ground water;
                            ``(iii) site acquisition under paragraph 
                        (1) or (2) of section 104(j) by the 
                        Administrator or the State to control access to 
                        the facility;
                            ``(iv) an easement or deed restriction 
                        precluding or limiting specific uses of the 
                        facility; and
                            ``(v) a notice, advisory, or alert to warn 
                        of a public health threat from contaminated 
                        ground water or from eating fish from 
                        contaminated surface water.
                    ``(B) Uses.--The Administrator may not select a 
                remedial action that allows a hazardous substance, 
                pollutant, or contaminant to remain at a facility above 
                a level that would be protective for unrestricted use 
                unless institutional and engineering controls are 
                incorporated into the remedial action to ensure 
                protection of human health and the environment during 
                and after completion of the remedial action.
                    ``(C) Requirements for institutional controls.--In 
                a case in which the Administrator selects a response 
                action that relies in whole or in part on restrictions 
                on land use or other resources or activities, the 
                Administrator shall ensure that institutional 
                controls--
                            ``(i) are adequate to protect human health 
                        and the environment;
                            ``(ii) ensure the long-term reliability of 
                        the response action; and
                            ``(iii) will be appropriately implemented, 
                        monitored, and enforced.
                    ``(D) Record of decision.--Each record of decision 
                with respect to a facility shall clearly identify any 
                institutional controls that restrict uses of land or 
                other resources or activities at the facility.
                    ``(E) Registry.--The Administrator shall maintain a 
                registry of institutional controls that--
                            ``(i) place restrictions on the use of 
                        land, water, or other resources; and
                            ``(ii) are included as part of the basis of 
                        decision in a final record of decision or any 
                        other enforceable decision document with 
                        respect to a facility on the National 
                        Priorities List.
            ``(5) Technical impracticability.--
                    ``(A) Minimization of risk.--If the President, 
                after reviewing the remedy selection methodology stated 
                in subsection (a)(2), finds that complying with or 
                attaining a standard required by subparagraph (C) or 
                (D) of subsection (a)(1), or, if applicable, by a rule 
                stated in subsection (b), is technically impracticable, 
                the President shall evaluate remedial measures and 
                select a technically practicable remedial action that--
                            ``(i) protects human health (as defined in 
                        subsection (a)(1)(B)(i)); and
                            ``(ii) will most closely achieve the goals 
                        stated in paragraph (1) through cost-effective 
                        means.
                    ``(B) Basis for finding.--A finding of technical 
                impracticability may be made on the basis of 
                projections, modeling, or other analysis on a site-
                specific basis.
                    ``(C) Prompt determination.--The President shall 
                make a determination of technical impracticability as 
                soon as the President determines that sufficient 
                information is available to make the determination.
                    ``(D) Process.--
                            ``(i) Determination of necessity of 
                        compliance with standard or requirement.--The 
                        President shall evaluate and determine if it is 
                        not appropriate for a remedial action to attain 
                        or comply with a required standard under 
                        subparagraphs (C) and (D) of subsection (a)(1), 
                        or, where applicable, with a requirement stated 
                        in a rule in subsection (b).
                            ``(ii) Waiver on the basis of technical 
                        impracticability.--A finding that it is 
                        technically impracticable to attain or comply 
                        with an applicable Federal or State law under 
                        subsection (a)(1)(C)(i)(I) shall constitute a 
                        waiver under subsection (a)(1)(C)(iii).
                            ``(iii) Initiation of review.--The 
                        President may initiate a review to determine 
                        whether a finding of technical impracticability 
                        is appropriate on the Administrator's own 
                        initiative or on the request of a person that 
                        is conducting a remedial action, if the request 
                        is supported by appropriate documentation.
                    ``(E) Notice of finding.--If the President makes a 
                finding of technical impracticability, the President 
                shall publish the finding, accompanied by--
                            ``(i) an explanation of the finding, with 
                        appropriate justification; and
                            ``(ii) an explanation of how the selected 
                        remedial action meets the requirements of 
                        subsection (a)(1)(B).'';
            (2) by striking subsection (d); and
            (3) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.

SEC. 403. REMEDY SELECTION METHODOLOGY.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as amended by 
section 201(a)) is amended by adding at the end the following:

``SEC. 131. FACILITY-SPECIFIC RISK EVALUATIONS.

    ``(a) In General.--The goal of a facility-specific risk evaluation 
performed under this Act is to provide informative and understandable 
estimates that neither minimize nor exaggerate the current or potential 
risk posed by a facility.
    ``(b) Risk Evaluation Principles.--
            ``(1) In general.--A facility-specific risk evaluation 
        shall--
                    ``(A)(i) use chemical-specific and facility-
                specific data in preference to default assumptions 
                whenever it is practicable to obtain such data; or
                    ``(ii) if it is not practicable to obtain such 
                data, use a range and distribution of realistic and 
                scientifically supportable default assumptions;
                    ``(B) ensure that the exposed population and all 
                current and potential pathways and patterns of exposure 
                are evaluated;
                    ``(C) consider the current or reasonably 
                anticipated future use of the land and water resources 
                in estimating exposure; and
                    ``(D) consider the use of institutional controls 
                that comply with the requirements stated in section 
                121(b)(4).
            ``(2) Criteria for use of science.--Any chemical-specific 
        and facility-specific data or default assumptions used in 
        connection with a facility-specific risk evaluation shall be 
        consistent with the criteria for the use of science in 
        decisionmaking stated in subsection (e).
            ``(3) Institutional controls.-- In conducting a risk 
        assessment to determine the need for remedial action, the 
        President may consider only institutional controls that are in 
        place at the facility at the time at which the risk assessment 
        is conducted.
    ``(c) Uses.--A facility-specific risk evaluation shall be used to--
            ``(1) determine the need for remedial action;
            ``(2) evaluate the current and potential hazards, 
        exposures, and risks at the facility;
            ``(3) screen out potential contaminants, areas, or exposure 
        pathways from further study at a facility;
            ``(4) evaluate the protectiveness of alternative remedial 
        actions proposed for a facility;
            ``(5) demonstrate that the remedial action selected for a 
        facility is capable of protecting human health and the 
        environment considering the current and reasonably anticipated 
        future use of the land and water resources; and
            ``(6) establish protective concentration levels if no 
        applicable requirement under section 121(a)(1)(C) exists or if 
        an otherwise applicable requirement is not sufficiently 
        protective of human health and the environment under section 
        121(a)(1)(B).
    ``(d) Risk Communication Principles.--In carrying out this section, 
the President shall ensure that the presentation of information on 
public health effects is comprehensive, informative, and 
understandable. The document reporting the results of a facility-
specific risk evaluation shall specify, to the extent practicable--
            ``(1) each population addressed by any estimate of public 
        health effects;
            ``(2) the expected risk or central estimate of risk for the 
        specific populations;
            ``(3) each appropriate upper-bound or lower-bound estimate 
        of risk;
            ``(4) each significant uncertainty identified in the 
        process of the assessment of public health effects and research 
        that would assist in resolving the uncertainty; and
            ``(5) peer-reviewed studies known to the President that 
        support, are directly relevant to, or fail to support any 
        estimate of public health effects and the methodology used to 
        reconcile inconsistencies in the scientific data.
    ``(e) Use of Science in Decisionmaking.--In carrying out this 
section, the President shall use--
            ``(1) the best available peer-reviewed science and 
        supporting studies conducted in accordance with sound and 
        objective scientific practices; and
            ``(2) data collected by accepted methods or best available 
        methods (if the reliability of the method and the nature of the 
        decision justifies use of the data).
    ``(f) Regulations.--Not later than 18 months after the date of 
enactment of this section, the President shall issue a final regulation 
implementing this section.

``SEC. 132. PRESUMPTIVE REMEDIAL ACTIONS.

    ``(a) In General.--In order to streamline the remedial action 
selection process, the Administrator shall establish presumptive 
remedial actions that--
            ``(1) identify preferred technologies and approaches (which 
        may include as an element institutional and engineering 
        controls, if appropriate) for common categories of facilities; 
        and
            ``(2) identify, as appropriate, site categorization 
        methodologies for those categories of facilities.
    ``(b) Presumptive Remedial Actions.--
            ``(1) In general.--The Administrator shall establish 
        presumptive remedial actions that are technically practicable, 
        cost-effective, and demonstrated methods to protect human 
        health and the environment under this Act.
            ``(2) Matters to be taken into account.--In establishing a 
        presumptive remedial action, the Administrator shall take into 
        account the goals stated in section 121(a)(1), the factors 
        stated in section 121(a)(3), and the rules stated in section 
        121(b).
            ``(3) Procedure; judicial review.--The identification of 
        categories of facilities and site categorization methodologies 
        and the establishment of presumptive remedial actions under 
        this section shall not be subject to--
                    ``(A) the rulemaking procedure of section 553 of 
                title 5, United States Code; or
                    ``(B) judicial review.
    ``(c) Use of Presumptive remedial actions.--In appropriate 
circumstances, the Administrator may select a presumptive remedial 
action--
            ``(1) from among technologies and approaches identified 
        under subsection (a)(1); or
            ``(2) based on only the site characterization methodologies 
        identified under subsection (a)(2), without consideration of 
        technologies, approaches, or methodologies that have not been 
        identified for that category of facility in the list prepared 
        under subsection (d).
    ``(d) Notice and Periodic Review.--
            ``(1) Initial list.--Not later than 1 year after the date 
        of enactment of this section, the Administrator shall make 
        available to the public a list of presumptive remedial actions 
        identified under subsection (a) that are available for specific 
        categories of facilities, and solicit information to assist the 
        Administrator in modifying or adding to the list, as 
        appropriate.
            ``(2) Updated lists.--At least once every 3 years, the 
        Administrator shall solicit information from the public for the 
        purpose of updating presumptive remedial actions, as 
        appropriate, to incorporate emerging technologies, approaches, 
        or methodologies or designate additional categories of 
        facilities.''.

SEC. 404. REMEDY SELECTION PROCEDURES.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as amended by 
section 403) is amended by adding at the end the following:

``SEC. 133. AMENDMENTS TO THE NATIONAL CONTINGENCY PLAN.

    ``(a) In General.--In order to reflect the amendments made by the 
Superfund Cleanup Acceleration Act of 1998 (including subsections (b) 
and (c) of section 134 and section 132), not later than 180 days after 
the date of enactment of this section, the President shall--
            ``(1) revise the National Contingency Plan; and
            ``(2) as appropriate, issue and periodically update Agency 
        guidance.

``SEC. 134. REMEDIAL ACTION PLANNING AND IMPLEMENTATION.

    ``(a) Accelerated Response Generally.--
            ``(1) In general.--To the extent practicable, and 
        consistent with requirements in section 121, the President 
        shall seek to expedite implementation of response actions and 
        reduce transaction costs by implementing measures to--
                    ``(A) accelerate and increase the efficiency of the 
                remedy selection and implementation processes;
                    ``(B) tailor the level of oversight of performance 
                of a response action by a potentially responsible party 
                or group of potentially responsible parties considering 
                the circumstances of the response action; and
                    ``(C) streamline the processes for submittal, 
                review, and approval of plans and other documents.
    ``(b) Acceleration of Investigative Activities and Response 
Actions.--
            ``(1) Phasing of investigative and response activities.--
        The President shall seek to expedite protection of human health 
        and the environment and completion of response actions in an 
        efficient and cost-effective manner through appropriate phasing 
        and integration of investigative and response activities.
            ``(2) Use of results of initial investigations.--The 
        results of initial investigations of a facility shall be used, 
        as appropriate--
                    ``(A) to focus subsequent data collection efforts 
                in order to characterize the nature and extent of 
                contamination at the facility in an efficient and cost-
                effective manner; or
                    ``(B) to develop and support multiple phases of a 
                response action, as appropriate.
            ``(3) Early response actions.--
                    ``(A) Implementation.--An early response action 
                under section 104 or 106 shall be implemented, to the 
                extent practicable, to--
                            ``(i) prevent exposure to hazardous 
                        substances, pollutants, and contaminants; and
                            ``(ii) prevent further migration of 
                        hazardous substances, pollutants, or 
                        contaminants.
                    ``(B) Use of results.--The results of an early 
                response action shall be used to--
                            ``(i) further characterize the nature and 
                        extent of contamination at the facility; and
                            ``(ii) provide information needed to 
                        evaluate and select any additional appropriate 
                        response actions that are needed to protect 
                        human health and the environment.
                    ``(C) Compliance with requirements.--An early 
                response action shall--
                            ``(i) meet the requirements of this Act 
                        (including the requirements for public 
                        participation) and
                            ``(ii) to the extent practicable, 
                        contribute to the efficient performance of any 
                        long-term remedial action with respect to the 
                        release or threatened release concerned.
    ``(c) Participation in the Response Action Process by Potentially 
Responsible Parties.--
            ``(1) Requirements.--When the President determines under 
        paragraph (5) that a response action will be performed properly 
        and promptly by a potentially responsible party or group of 
        potentially responsible parties in accordance with the 
        requirements of this Act, the President may allow the 
        potentially responsible party or group of potentially 
        responsible parties to perform the response action in 
        accordance with this section, section 106, or section 122.
            ``(2) Performance of response action.--The President may 
        authorize performance of a response action by a potentially 
        responsible party or group of potentially responsible parties 
        only if--
                    ``(A) the President determines that the potentially 
                responsible party or group of potentially responsible 
                parties is qualified to perform the response action; 
                and
                    ``(B) the potentially responsible party or group of 
                potentially responsible parties agrees to reimburse the 
                Fund for any cost incurred by the President in 
                overseeing and reviewing the performance of the 
                response action by the potentially responsible party or 
                group of potentially responsible parties, including the 
                costs of contracting or arranging for a qualified 
                person to assist the President in conducting the 
                oversight and review.
            ``(3) Oversight of response actions.--The President may 
        tailor the level of oversight that will accompany performance 
        of a response action by the potentially responsible party or 
        group of potentially responsible parties based on factors 
        including the factors set forth in paragraph (5).
            ``(4) Response action activities.--The President may 
        authorize a potentially responsible party or group of 
        potentially responsible parties to perform removal and remedial 
        actions, including--
                    ``(A) remedial investigations (including risk 
                assessments);
                    ``(B) feasibility studies;
                    ``(C) preparation of draft proposed remedial action 
                plans;
                    ``(D) remedial designs;
                    ``(E) operation and maintenance;
                    ``(F) maintenance of institutional controls;
                    ``(G) studies that the President determines are 
                necessary for the President to conduct review under 
                section 135(c)(2); and
                    ``(H) any response action that the President 
                determines is required as a result of the review under 
                of section 135(c)(2).
            ``(5) Oversight factors.--In determining for the purposes 
        of paragraph (1) whether a potentially responsible party or 
        group of potentially responsible parties will perform a 
        response action properly and promptly in accordance with 
        requirements of this Act, and in determining the appropriate 
        level of oversight required for performance by a potentially 
        responsible party or group of potentially responsible parties 
        of a response action, the President shall consider factors that 
        include--
                    ``(A) the technical and financial capability of the 
                potentially responsible party or group of potentially 
                responsible parties;
                    ``(B) the willingness of the potentially 
                responsible party or group of potentially responsible 
                parties to complete performance of the response action 
                within the period of time prescribed by the President;
                    ``(C) the assurance of the potentially responsible 
                party or group of potentially responsible parties that 
                it will comply with the requirements of this Act, the 
                National Contingency Plan, and guidelines issued by the 
                Administrator;
                    ``(D) the level of effort that the Environmental 
                Protection Agency has expended in reviewing performance 
                by the potentially responsible party or group of 
                potentially responsible parties in other instances 
                regulated by the Agency;
                    ``(E) the history of cooperation of the potentially 
                responsible party or group of potentially responsible 
                parties in other Agency actions;
                    ``(F) the level of concern of the local community;
                    ``(G) the degree of technical complexity or 
                uncertainty associated with the response action to be 
                performed; and
                    ``(H) the resources of the Environmental Protection 
                Agency.
    ``(d) Draft Proposed Remedial Action Plans.--
            ``(1) In general.--The Administrator shall issue guidelines 
        identifying the contents of a draft proposed remedial action 
        plan, which shall include, at a minimum--
                    ``(A) a brief description of the remedial 
                alternatives that were analyzed, including the 
                respective capital costs, operation and maintenance 
                costs, and estimated present worth costs of the 
                remedial alternatives;
                    ``(B) a recommended remedial action alternative; 
                and
                    ``(C) a summary of information relied on to make 
                the recommendation, including a brief description of 
                site risks.
            ``(2) Administrative record.--Nothing in this paragraph 
        shall affect or impede the establishment by the President of an 
        administrative record under section 113(k).
    ``(e) Remedy Review Board.--
            ``(1) Establishment.--
                    ``(A) In general.--In order to promote cost-
                effective remedy selection decisions, the Administrator 
                shall establish and appoint the members of at least 1 
                remedy review board consisting of a balance of 
                technical and policy experts within the Environmental 
                Protection Agency and other Federal and State agencies 
                with responsibility for remediating contaminated 
                facilities.
                    ``(B) State responsibility.--If responsibility for 
                the conduct of a response action at a facility has been 
                transferred to a State under section 130, technical and 
                policy experts from State agencies with responsibility 
                for remediating contaminated facilities shall 
                constitute not less than \1/3\ of the membership of the 
                remedy review board that reviews a draft proposed 
                remedial action plan for the facility.
            ``(2) Procedures and criteria.--
                    ``(A) Procedures.--Not later than 180 days after 
                the date of enactment of this section, the 
                Administrator shall promulgate a regulation that 
                establishes procedures for the operation of remedy 
                review board, including cost-based or other appropriate 
                criteria for determining which draft proposed remedial 
                action plans will be eligible for review by a remedy 
                review board.
                    ``(B) Criteria.--
                            ``(i) Differing criteria.--The 
                        Administrator may develop different criteria 
                        under subparagraph (A) for different categories 
                        of facilities.
                            ``(ii) Proportion of facilities eligible 
                        for review.--Application of the criteria under 
                        subparagraph (A) shall, to the extent 
                        practicable, result in the eligibility for 
                        review of not less than an annual average of 
                        \1/3\ of the number of draft proposed remedial 
                        action plans prepared and ready for issuance 
                        for public comment.
            ``(3) Review.--
                    ``(A) Timing.--Subject to paragraph (4), before 
                issuance for public comment, a draft proposed remedial 
                action plan that meets the criteria under paragraph (2) 
                (B) shall be submitted to the remedy review board.
                    ``(B) No review.--A remedy review board shall not 
                review a remedy that meets the criteria under paragraph 
                (2) (B) if the Administrator determines that review by 
                the remedy review board would result in an unacceptable 
                delay in taking measures to achieve protection of human 
                health or the environment.
            ``(4) Notice and comment.--
                    ``(A) Notice.--The Administrator shall give 
                interested parties (including representatives of the 
                State and local community in which the facility is 
                located) adequate notice of the submission of a draft 
                proposed remedial action plan to the remedy review 
                board and an opportunity to comment.
                    ``(B) Comment.--
                            ``(i) In general.--Potentially responsible 
                        parties that are participating in the 
                        performance of a remedial investigation and 
                        feasibility study shall be permitted to submit 
                        comments on a draft remedial action plan to a 
                        remedy review board and be provided a 
                        reasonable opportunity to meet with the remedy 
                        review board.
                            ``(ii) Length of submissions.--Any 
                        limitation on the length of a submission 
                        established by the Administrator shall be 
                        rationally related to the level of detail 
                        contained in the draft proposed plan.
            ``(5) Recommendations.--
                    ``(A) In general.--A remedy review board shall 
                provide recommendations to the Administrator.
                    ``(B) Considerations.--In preparing a 
                recommendation, a remedy review board shall consider--
                            ``(i) whether the proposed remedial action 
                        meets the requirements of section 121;
                            ``(ii) the nature of the facility;
                            ``(iii) the risks posed by the facility;
                            ``(iv) the opinions of the affected 
                        Environmental Protection Agency regional 
                        administrator and State government regarding 
                        the proposed remedial action;
                            ``(v) the quality and reasonableness of the 
                        cost estimates; and
                            ``(vi) any other relevant factors that the 
                        Administrator considers appropriate.
                    ``(C) EPA consideration of recommendations.--
                            ``(i) Substantial weight.--In determining 
                        whether to modify a draft proposed remedial 
                        action plan, the Administrator shall give 
                        substantial weight to the recommendations of a 
                        remedy review board.
                            ``(ii) Decision not to follow 
                        recommendation.--A decision by the 
                        Administrator not to follow a recommendation of 
                        the remedy review board shall not, by itself, 
                        render a decision arbitrary and capricious.
    ``(f) Approval of Draft Proposed Remedial Action Plan.--The 
President may approve a draft proposed remedial action plan prepared by 
a potentially responsible party or group of potentially responsible 
parties that the President has determined to be qualified under 
subsection (c). If the President approves the draft proposed remedial 
action plan, the President may treat the document as the President's 
proposed plan, and provide it to the public for comment under section 
117(a).''.

SEC. 405. COMPLETION OF PHYSICAL CONSTRUCTION AND DELISTING.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as amended by 
section 404) is amended by adding at the end the following:

``SEC. 135. COMPLETION OF PHYSICAL CONSTRUCTION AND DELISTING.

    ``(a) In General.--
            ``(1) Proposed notice of completion and proposed 
        delisting.--Not later than 180 days after the completion by the 
        President of physical construction necessary to implement a 
        response action at a facility, or not later than 180 days after 
        receipt of a notice of such completion from the implementing 
        party, the President shall publish a notice of completion and 
        proposed delisting of the facility from the National Priorities 
        List in the Federal Register and in a newspaper of general 
        circulation in the area where the facility is located.
            ``(2) Physical construction.--For the purposes of paragraph 
        (1), physical construction necessary to implement a response 
        action at a facility shall be considered to be complete when--
                    ``(A) construction of all systems, structures, 
                devices, and other components necessary to implement a 
                response action for the entire facility has been 
                completed in accordance with the remedial design plan; 
                or
                    ``(B) no construction, or no further construction, 
                is expected to be undertaken.
            ``(3) Construction complete before enactment.--Any facility 
        at which physical construction necessary to implement a 
        response action has been completed before the date of enactment 
        of this section shall qualify for a proposed delisting under 
        paragraph (1), if the procedures set out in paragraph (1) for 
        seeking a proposal to delist the facility are followed.
            ``(4) Comments.--The public shall be provided 30 days in 
        which to submit comments on the notice of completion and 
        proposed delisting.
            ``(5) Final notice.--
                    ``(A) In general.--Not later than 60 days after the 
                end of the comment period, or such extended period as 
                may be determined under subparagraph (B), the President 
                shall--
                            ``(i) issue a final notice of completion 
                        and delisting or a notice of withdrawal of the 
                        proposed notice until the implementation of the 
                        remedial action is determined to be complete; 
                        and
                            ``(ii) publish the notice in the Federal 
                        Register and in a newspaper of general 
                        circulation in the area where the facility is 
                        located.
                    ``(B) Extension of time.--The President may extend 
                the 60-day period for issuing and publishing a final 
                notice under subparagraph (A) if the President 
                determines, for good cause, that additional time is 
                needed, and publishes an explanation of the need for 
                more time in the Federal Register and in a newspaper of 
                general circulation in the area where the facility is 
                located.
            ``(6) Effect of delisting.--The delisting of a facility 
        shall have no effect on--
                    ``(A) liability allocation requirements or cost-
                recovery provisions otherwise provided in this Act;
                    ``(B) any liability of a potentially responsible 
                party or the obligation of any person to provide 
                continued operation and maintenance;
                    ``(C) the authority of the President to make 
                expenditures from the Fund relating to the facility; or
                    ``(D) the enforceability of any consent order or 
                decree relating to the facility.
    ``(b) Certification.--A final notice of completion and delisting 
shall include a certification by the President that the facility has 
met all of the requirements of the remedial action plan (except 
requirements for continued operation and maintenance).
    ``(c) Operation and Maintenance.--The need to perform continued 
operation and maintenance at a facility shall not be the sole basis for 
delaying delisting of the facility or issuance of the certification if 
performance of operation and maintenance is subject to a legally 
enforceable agreement, order, or decree.''.

SEC. 406. TRANSITION RULES FOR FACILITIES CURRENTLY INVOLVED IN REMEDY 
              SELECTION.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as amended by 
section 405) is amended by adding at the end the following:

``SEC. 136. REMEDY REVIEW PROCESS.

    ``(a) Definition of Remedy Review Board.--In this section, the term 
`remedy review board' means a remedy review board established under 
section 134(e).
    ``(b) Petitions for Remedy Update.--
            ``(1) Filing.--In the case of a facility or operable unit 
        with respect to which a record of decision was signed before 
        the date of enactment of this section and that meets the 
        criteria of paragraph (3), the implementor of the record of 
        decision, not later than 1 year after the date of enactment of 
        this section, may submit to a remedy review board a petition to 
        update the record of decision to incorporate in the remedial 
        action at the facility or operable unit an alternative 
        technology, methodology, or approach.
            ``(2) Provision of copies.--The implementor shall provide a 
        copy of the petition to the State, affected Indian Tribes, 
        local governments, any applicable community action group, and 
        the recipient of any technical assistance grant.
            ``(3) Criteria for acceptance for review.--
                    ``(A) In general.--A remedy review board may accept 
                for review a petition for remedy update if the 
                implementor demonstrates that--
                            ``(i) the alternative remedial action 
                        proposed in the petition meets the requirements 
                        of section 121;
                            ``(ii) the Governor of the State in which 
                        the facility is located does not object to 
                        consideration of the petition;
                            ``(iii) the record of decision--
                                    ``(I) was issued before September 
                                27, 1996; or
                                    ``(II) in the case of a record of 
                                decision involving primarily ground 
                                water extraction and treatment 
                                remedies, was issued before October 1, 
                                1993; and
                            ``(iv)(I) the record of decision has an 
                        estimated implementation cost in excess of 
                        $30,000,000; or
                            ``(II) the record of decision with an 
                        estimated implementation cost of between 
                        $5,000,000 and $30,000,000, and the alternative 
                        remedial action achieves a cost saving of at 
                        least 50 percent of the total costs of the 
                        record of decision.
                    ``(B) Waiver of cost threshold.--With the 
                concurrence of the Administrator, a remedy review board 
                may approve a petition that does not meet the cost 
                threshold of subparagraph (A)(iv).
            ``(4) Prioritization of petitions.--
                    ``(A) In general.--A remedy review board shall 
                prioritize its decision to accept petitions for remedy 
                update based on the criteria of paragraph (3) and the 
                potential cost savings of the proposed remedy update.
                    ``(B) Considerations.--When factoring cost savings 
                into the prioritization of petitions for remedy update, 
                a remedy review board shall consider--
                            ``(i) the gross cost saving estimated for 
                        the proposed remedy update; and
                            ``(ii) the proportion of total remedy costs 
                        that the saving would represent.
    ``(c) Review Factors.--In formulating a recommendation, a remedy 
review board shall consider factors that include--
            ``(1) the continued relevance of the exposure scenarios and 
        risk assumptions in the original remedy;
            ``(2) the effectiveness of the original cleanup strategy in 
        light of any new information or changed circumstances at the 
        facility;
            ``(3) the appropriateness and attainability of the original 
        cleanup goals;
            ``(4) the ability to enhance the original cleanup strategy 
        through the application of new technologies, methodologies, or 
        approaches;
            ``(5) the level and degree of community, State, tribal, and 
        potentially responsible parties involvement and consensus in 
        selecting the original cleanup strategy;
            ``(6) the reasonableness of the original cost estimates and 
        whether the costs remain justifiable and cost-effective;
            ``(7) the consistency of the original cleanup strategy with 
        similar remedies selected by the Agency; and
            ``(8) the effectiveness of the original cleanup strategy in 
        meeting the cleanup goals.
    ``(d) Recommendations.--Not later than 180 days after the 
acceptance of a petition for remedy update, a remedy review board 
shall--
            ``(1) submit to the Administrator a written recommendation 
        with respect to the petition; and
            ``(2) provide responses to all comments submitted during 
        the review process with respect to the petition.
    ``(e) Consideration of Recommendations.--In deciding whether to 
approve a proposed remedy update, the Administrator shall give 
substantial weight to the recommendation of a remedy review board.
    ``(f) Report to Congress.--
            ``(1) In general.--The Administrator shall submit an annual 
        report to Congress on the Administrator's activity in reviewing 
        and modifying records of decision signed before the date of 
        enactment of this section (whether or not the records of 
        decision meet the criteria under subsection (b)(3))--
                    ``(A) to apply the amendments made to section 121 
                by the Superfund Cleanup Acceleration Act of 1998;
                    ``(B) to incorporate new information regarding 
                science, technology, and site conditions; or
                    ``(C) to improve the cost-effectiveness of remedial 
                actions.
            ``(2) Contents.--A report under paragraph (1) shall 
        describe--
                    ``(A) the petitions for remedy update received;
                    ``(B) the disposition of the petitions for remedy 
                update; and
                    ``(C) the cost savings, if any, that are estimated 
                to result from the remedy updates.
    ``(g) Remedial Action Reviews Under Section 121(c).--In conducting 
remedial action reviews under section 121(c), the Administrator 
should--
            ``(1) give priority consideration to records of decision 
        that--
                    ``(A) were issued before October 1, 1993; and
                    ``(B) involve primarily ground water extraction and 
                treatment remedies for dense, nonaquaeous phase 
                liquids; and
            ``(2) based on the review factors stated in subsection (c), 
        make a determination whether a remedy update is justified.''.

SEC. 407. NATIONAL PRIORITIES LIST.

    (a) Amendments.--Section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is 
amended--
            (1) in subsection (a)(8) by adding at the end the 
        following:
            ``(C) provision that, to the extent practicable, in listing 
        a facility on the National Priorities List, the Administrator 
        will not include any parcel of real property at which no 
        release has actually occurred, but to which a released 
        hazardous substance, pollutant, or contaminant has migrated in 
        ground water that has moved through subsurface strata from 
        another parcel of real estate at which the release actually 
        occurred, unless--
                    ``(i) the ground water is in use as a public 
                drinking water supply or was in such use at the time of 
                the release; and
                    ``(ii) the owner or operator of the facility is 
                liable, or is affiliated with any other person that is 
                liable, for any 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.''; and
            (2) by adding at the end the following:
    ``(h) Listing of Particular Parcels.--
            ``(1) Definition.--In subsection (a)(8)(C) and paragraph 
        (2) of this subsection, the term `parcel of real property' 
        means a parcel, lot, or tract of land that has a separate legal 
        description from that of any other parcel, lot, or tract of 
        land the legal description and ownership of which has been 
        recorded in accordance with the law of the State in which it is 
        located.
            ``(2) Statutory construction.--Nothing in subsection 
        (a)(8)(C) shall be construed to limit the Administrator's 
        authority under section 104 to obtain access to and undertake 
        response actions at any parcel of real property to which a 
        released hazardous substance, pollutant, or contaminant has 
        migrated in the ground water.''.
    (b) Revision of National Priorities List.--The President shall 
revise the National Priorities List to conform with the amendments made 
by subsection (a) not later that 180 days of the date of enactment of 
this Act.

                           TITLE V--LIABILITY

SEC. 501. LIABILITY EXCEPTIONS AND LIMITATIONS.

    (a) Definitions.--Section 101 of the Comprehensive Environmental 
Response, Liability, and Compensation Act of 1980 (42 U.S.C. 9601) (as 
amended by section 401) is amended by adding at the end of the 
following:
            ``(44) Codisposal landfill.--The term `codisposal landfill' 
        means a landfill that--
                    ``(A) was listed on the National Priorities List as 
                of January 1, 1997;
                    ``(B) received for disposal municipal solid waste 
                or sewage sludge; and
                    ``(C) may also have received, before the effective 
                date of requirements under subtitle C of the Solid 
                Waste Disposal Act (42 U.S.C. 6921 et seq.), any 
                hazardous waste, if the landfill contains predominantly 
                municipal solid waste or sewage sludge that was 
                transported to the landfill from outside the facility.
            ``(45) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means waste material generated by--
                            ``(i) a household (such as a single- or 
                        multi-family residence) or a public lodging 
                        (such as a hotel or motel); or
                            ``(ii) a commercial, institutional, or 
                        industrial source, to the extent that--
                                    ``(I) the waste material is 
                                substantially similar to waste normally 
                                generated by a household or public 
                                lodging (without regard to differences 
                                in volume); or
                                    ``(II) the waste material is 
                                collected and disposed of with other 
                                municipal solid waste or sewage sludge 
                                and, regardless of when generated, 
                                would be conditionally exempt small 
                                quantity generator waste under the 
                                regulation issued under section 3001(d) 
                                of the Solid Waste Disposal Act (42 
                                U.S.C. 6921(d)).
                    ``(B) Inclusions.--The term `municipal solid waste' 
                includes food and yard waste, paper, clothing, 
                appliances, consumer product packaging, disposable 
                diapers, office supplies, cosmetics, glass and metal 
                food containers, elementary or secondary school science 
                laboratory waste, and household hazardous waste.
                    ``(C) Exclusions.--The term `municipal solid waste' 
                does not include combustion ash generated by resource 
                recovery facilities or municipal incinerators or waste 
                from manufacturing or processing (including pollution 
                control) operations that is not described in subclause 
                (I) or (II).
            ``(46) Municipality.--
                    ``(A) In general.--The term `municipality' means a 
                political subdivision of a State (including a city, 
                county, village, town, township, borough, parish, 
                school district, sanitation district, water district, 
                or other public entity performing local governmental 
                functions).
                    ``(B) Inclusions.--The term `municipality' includes 
                a natural person acting in the capacity of an official, 
                employee, or agent of any entity described in 
                subparagraph (A) in the performance of a governmental 
                function.
            ``(47) 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 treatment works.''.
    (b) Exceptions and Limitations.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) (as amended by section 306(b)) is amended by adding at the 
end the following:
    ``(q) Liability Exemption for Municipal Solid Waste and Sewage 
Sludge.--
            ``(1) In general.--No person shall be liable to the United 
        States or to any other person (including liability for 
        contribution) under this section or any other Federal or State 
        law for any response costs incurred after the date of enactment 
        of this subsection at a facility listed on the National 
        Priorities List to the extent that--
                    ``(A) the person is liable solely under 
                subparagraph (C) or (D) of subsection (a)(1); and
                    ``(B) the person is--
                            ``(i) an owner, operator, or lessee of 
                        residential property from which all of the 
                        person's municipal solid waste was generated;
                            ``(ii) a business entity that, during the 
                        tax year preceding the date of transmittal of 
                        written notification that the business is 
                        potentially liable, employs not more than 100 
                        individuals; or
                            ``(iii) a nonprofit organization described 
                        in section 501(c)(3) of the Internal Revenue 
                        Code of 1986 that employs not more than 100 
                        individuals, from which all of the person's 
                        municipal solid waste was generated.
            ``(2) Exceptions.--Paragraph (1) shall not apply in a case 
        in which the person has failed to substantially comply with the 
        requirement stated in subsection (y) with respect to the 
        facility.
            ``(3) Costs and fees.--A person that, lacking a reasonable 
        basis in law or fact, commences an action for recovery of 
        response costs or for contribution against a person that is not 
        liable by operation of this subsection shall be liable to the 
        defendant for all reasonable costs of defending the action, 
        including all reasonable attorney's fees and expert witness 
        fees.
    ``(r) De Micromis Contributor Exemption.--
            ``(1) In general.--In the case of a vessel or facility 
        listed on the National Priorities List, no person described in 
        subparagraph (C) or (D) of subsection (a)(1) shall be liable to 
        the United States or to any other person (including liability 
        for contribution) for any response costs under this section or 
        any other Federal or State law incurred after the date of 
        enactment of this subsection, if the activity specifically 
        attributable to the person resulted in the disposal or 
        treatment of not more than 200 pounds or 110 gallons of 
        material containing a hazardous substance at the vessel or 
        facility before January 1, 1997, or such greater amount as the 
        Administrator may determine by regulation.
            ``(2) Exception.--Paragraph (1) shall not apply in a case 
        in which the Administrator determines that--
                    ``(A) material described in paragraph (1) has 
                contributed or may contribute significantly, 
                individually, to the amount of response costs at the 
                facility; or
                    ``(B) the person has failed to substantially comply 
                with the requirement stated in subsection (y) with 
                respect to the vessel or facility.
            ``(3) Costs and fees.--A person that, lacking a reasonable 
        basis in law or fact, commences an action for recovery of 
        response costs or for contribution against a person that is not 
        liable by operation of this subsection shall be liable to the 
        defendant for all reasonable costs of defending the action, 
        including all reasonable attorney's fees and expert witness 
        fees.
    ``(s) Small Business Exemption.--
            ``(1) In general.--No person shall be liable to the United 
        States or to any person (including liability for contribution) 
        under this section or any other Federal or State law for any 
        response costs at a facility listed on the National Priorities 
        List incurred after the date of enactment of this subsection 
        if--
                    ``(A) the person is a business that--
                            ``(i) during the taxable year preceding the 
                        date of transmittal of notification that the 
                        business is a potentially responsible party, 
                        had full- and part-time employees whose 
                        combined time was equivalent to 75 or fewer 
                        full-time employees; or
                            ``(ii) for that taxable year reported 
                        $3,000,000 or less in gross revenue;
                    ``(B) the activity specifically attributable to the 
                person resulted in the disposal or treatment of 
                material containing a hazardous substance at the vessel 
                or facility before January 1, 1997; and
                    ``(C) the person is not affiliated through any 
                familial or corporate relationship with any person that 
                is or was a party potentially responsible for response 
                costs at the facility.
            ``(2) Exception.--Paragraph (1) shall not apply in a case 
        in which--
                    ``(A) the material containing a hazardous substance 
                referred to in subparagraph (A) contributed 
                significantly or could contribute significantly to the 
                cost of the response action with respect to the 
                facility; or
                    ``(B) the person has failed to substantially comply 
                with the requirement stated in subsection (y) with 
                respect to the facility.
            ``(3) Costs and fees.--A person that, lacking a reasonable 
        basis in law or fact, commences an action for recovery of 
        response costs or for contribution against a person that is not 
        liable by operation of this subsection shall be liable to the 
        defendant for all reasonable costs of defending the action, 
        including all reasonable attorney's fees and expert witness 
        fees.
    ``(t) Codisposal Landfill Exemption and Limitations.--
            ``(1) Liability cap applicable to generators and 
        transporters of municipal solid waste.--
                    ``(A) Allocation process.--A person liable as a 
                generator or transporter of municipal solid waste or 
                sewage sludge (not otherwise exempted by subsection 
                (q)) shall have its potential liability determined in 
                an expedited settlement process under section 137(e) or 
                an allocation process under section 137(f).
                    ``(B) Liability cap.--To the extent that a person 
                or group of persons is liable as a generator or 
                transporter of municipal solid waste or sewage sludge 
                (not otherwise exempted by subsection (q)), the total 
                aggregate liability for all such persons or groups of 
                persons for response costs incurred after the date of 
                enactment of this section, pursuant to this section or 
                any other Federal or State law, shall not be greater 
                than 10 percent of such costs.
            ``(2) Municipal owners and operators.--
                    ``(A) Aggregate liability of large 
                municipalities.--
                            ``(i) In general.--With respect to a 
                        codisposal landfill that is owned or operated 
                        in whole or in part by municipalities with a 
                        population of 100,000 or more (according to the 
                        1990 census), and that is not subject to the 
                        criteria for solid waste landfills published 
                        under subtitle D of the Solid Waste Disposal 
                        Act (42 U.S.C. 6941 et seq.) at part 258 of 
                        title 40, Code of Federal Regulations (or a 
                        successor regulation), the aggregate amount of 
                        liability of such municipal owners and 
                        operators for response costs incurred after the 
                        date of enactment of this section under this 
                        section or any other Federal or State law shall 
                        be not greater than 20 percent of such costs.
                            ``(ii) Increased amount.--The President or 
                        the allocator may increase the percentage under 
                        clause (i) to not more than 35 percent with 
                        respect to a municipality if the President or 
                        allocator determines that the municipality 
                        committed specific acts that exacerbated 
                        environmental contamination or exposure with 
                        respect to the facility.
                            ``(iii) Decreased amount.--The President or 
                        the allocator may decrease the percentage under 
                        clause (i) with respect to a municipality to 
                        not less than 10 percent if the President or 
                        allocator determines that the municipality took 
                        specific acts of mitigation during the 
                        operation of the facility to avoid 
                        environmental contamination or exposure with 
                        respect to the facility.
                    ``(B) Aggregate liability of small 
                municipalities.--
                            ``(i) In general.--With respect to a 
                        codisposal landfill that is owned or operated 
                        in whole or in part by municipalities with a 
                        population of less than 100,000 (according to 
                        the 1990 census), that is not subject to the 
                        criteria for solid waste landfills published 
                        under subtitle D of the Solid Waste Disposal 
                        Act (42 U.S.C. 6941 et seq.) at part 258 of 
                        title 40, Code of Federal Regulations (or a 
                        successor regulation), the aggregate amount of 
                        liability of such municipal owners and 
                        operators for response costs incurred after the 
                        date of enactment of this section under this 
                        section or any other Federal or State law shall 
                        be not greater than 10 percent of such costs.
                            ``(ii) Increased amount.--The President or 
                        the allocator may increase the percentage under 
                        clause (i) to not more than 20 percent with 
                        respect to a municipality if the President or 
                        allocator determines that the municipality 
                        committed specific acts that exacerbated 
                        environmental contamination or exposure with 
                        respect to the facility.
                            ``(iii) Decreased amount.--The President or 
                        the allocator may decrease the percentage under 
                        clause (i) with respect to a municipality to 
                        not less than 5 percent if the President or 
                        allocator determines that the municipality took 
                        specific acts of mitigation during the 
                        operation of the facility to avoid 
                        environmental contamination or exposure with 
                        respect to the facility.
                    ``(C) Settlement amount.--The President, as soon as 
                reasonably practicable after the date of enactment of 
                this subsection, shall offer a settlement to a 
                municipality with respect to the liability described in 
                subparagraph (A) or (B).
            ``(3) Applicability.--This subsection shall not apply to--
                    ``(A) a person that acted in violation of subtitle 
                C of the Solid Waste Disposal Act (42 U.S.C. 6921 et 
                seq.) at a facility that is subject to a response 
                action under this title, if the violation pertains to a 
                hazardous substance the release of threat of release of 
                which caused the incurrence of response costs at the 
                facility;
                    ``(B) a person that owned or operated a codisposal 
                landfill in violation of the applicable requirements 
                for municipal solid waste landfill units under subtitle 
                D of the Solid Waste Disposal Act (42 U.S.C. 6941 et 
                seq.) after October 9, 1991, if the violation pertains 
                to a hazardous substance the release of threat of 
                release of which caused the incurrence of response 
                costs at the facility; or
                    ``(C) a person described in section 137(s).
            ``(4) Performance of response actions.--As a condition of a 
        settlement with a municipality under this subsection, the 
        President may require that the municipality perform or 
        participate in the performance of the response actions at the 
        facility.
            ``(5) Waiver of claims.--The President shall require, as a 
        condition of a settlement under this subsection, that a 
        municipality or combination of 2 or more municipalities waive 
        claims (including a claim for contribution under section 113) 
        that the party may have against other potentially responsible 
        parties for all response costs incurred after the date of 
        enactment of this subsection addressed in the settlement at the 
        facility.
            ``(6) Exceptions.--The President may decline to offer a 
        settlement under this subsection with respect to a facility if 
        the President determines that--
                    ``(A) all known potentially responsible parties are 
                insolvent, defunct, or eligible for a settlement under 
                this subsection or section 122(g); or
                    ``(B) the municipal owner or operator has failed to 
                substantially comply with the requirement stated in 
                subsection (y) with respect to the facility.''.
    (c) Effective Date and Transition Rules.--The amendments made by 
this section--
            (1) shall take effect with respect to an action under 
        section 106, 107, or 113 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9606, 9607, and 9613) that becomes final on or after the date 
        of enactment of this Act; but
            (2) shall not apply to an action brought by any person 
        under section 107 or 113 of that Act (42 U.S.C. 9607 and 9613) 
        for costs or damages incurred by the person before the date of 
        enactment of this Act.
    (d) Relationship to Liability Under Other Law.--Section 122 of the 
Comprehensive Environmental Response, Liability, and Compensation Act 
of 1980 (42 U.S.C. 9622) is amended by adding at the end the following:
    ``(n) Relationship to Liability Under Other Law.--Nothing in this 
section affects the obligation of any person to comply with any other 
Federal, State, or local law (including requirements under the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.)).''.

SEC. 502. CONTRIBUTION FROM THE FUND.

    Section 112 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9612) is amended by 
adding at the end the following:
    ``(g) Contribution From the Fund.--
            ``(1) Completion of obligations.--A person that is 
        undertaking a response action pursuant to an administrative 
        order issued under section 106 or has entered into a settlement 
        decree with the United States or a State as of the date of 
        enactment of this subsection shall complete the person's 
        obligations under the order or settlement decree.
            ``(2) Contribution.--A person described in paragraph (1) 
        shall receive contribution from the Fund for any portion of the 
        costs (excluding attorneys' fees) incurred for the performance 
        of the response action after the date of enactment of this 
        subsection if the person is not liable for such costs by reason 
        of a liability exemption under section 107.
            ``(3) Application for contribution.--
                    ``(A) In general.--Contribution under this section 
                shall be made upon receipt by the Administrator of an 
                application requesting contribution.
                    ``(B) Periodic applications.--Beginning with the 
                7th month after the date of enactment of this 
                subsection, 1 application for each facility shall be 
                submitted every 6 months for all persons with 
                contribution rights (as determined under subparagraph 
                (2)).
            ``(4) Regulations.--Contribution shall be made in 
        accordance with such regulations as the Administrator shall 
        issue within 180 days after the date of enactment of this 
        section.
            ``(5) Documentation.--The regulations under paragraph (4) 
        shall, at a minimum, require that an application for 
        contribution contain such documentation of costs and 
        expenditures as the Administrator considers necessary to ensure 
        compliance with this subsection.
            ``(6) Expedition.--The Administrator shall, consistent with 
        section 137(p), develop and implement such procedures as may be 
        necessary to provide contribution to such persons in an 
        expeditious manner, but in no case shall a contribution be made 
        later than 1 year after submission of an application under this 
        subsection.
            ``(7) Consistency with national contingency plan.--No 
        contribution shall be made under this subsection unless the 
        Administrator determines that such costs are consistent with 
        the National Contingency Plan.''.

SEC. 503. EXPEDITED SETTLEMENT FOR CERTAIN PARTIES.

    (a) Parties Eligible.--Section 122(g) of the Comprehensive 
Environment Response, Liability, and Compensation Act of 1980 (42 
U.S.C. 9622(g)) is amended--
            (1) by striking the subsection heading and inserting the 
        following:
    ``(g) Expedited Final Settlement.--'';
            (2) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (B) by striking ``(1)'' and all that follows 
                through subparagraph (A) and inserting the following:
            ``(1) Parties eligible.--
                    ``(A) In general.--As expeditiously as practicable, 
                the President shall--
                            ``(i) notify each potentially responsible 
                        party that meets 1 or more of the conditions 
                        stated in subparagraphs (B), (C), and (D) of 
                        the party's eligibility for a settlement; and
                            ``(ii) offer to reach a final 
                        administrative or judicial settlement with the 
                        party.
                    ``(B) De minimis contribution.--The condition 
                stated in this subparagraph is that the liability is 
                for response costs based on subparagraph (C) or (D) of 
                section 107(a)(1) and the party's contribution of a 
                hazardous substance at a facility is de minimis. For 
                the purposes of this subparagraph, a potentially 
                responsible party's contribution shall be considered to 
                be de minimis only if the President determines that 
                both of the following criteria are met:
                            ``(i) The amount of material containing a 
                        hazardous substance contributed by the 
                        potentially responsible party to the facility 
                        is minimal relative to the total amount of 
                        material containing hazardous substances at the 
                        facility. The amount of a potentially 
                        responsible party's contribution shall be 
                        presumed to be minimal if the amount is 1 
                        percent or less of the total amount of material 
                        containing a hazardous substance at the 
                        facility, unless the Administrator promptly 
                        identifies a greater threshold based on site-
                        specific factors.
                            ``(ii) The material containing a hazardous 
                        substance contributed by the potentially 
                        responsible party does not present toxic or 
                        other hazardous effects that are significantly 
                        greater than the toxic or other hazardous 
                        effects of other material containing a 
                        hazardous substance at the facility.'';
                    (C) in subparagraph (C) (as redesignated by 
                subparagraph (A))--
                            (i) by redesignating clauses (i) through 
                        (iii) as subclauses (I) through (III), 
                        respectively, and adjusting the margins 
                        appropriately;
                            (ii) by striking ``(C) The potentially 
                        responsible party'' and inserting the 
                        following:
                    ``(C) Owners of real property.--
                            ``(i) In general.--The condition stated in 
                        this subparagraph is that the potentially 
                        responsible party''; and
                            (iii) by striking ``This subparagraph (B)'' 
                        and inserting the following:
                            ``(ii) Applicability.--Clause (i)''; and
                    (D) by adding at the end the following:
                    ``(D) Reduction in settlement amount based on 
                limited ability to pay.--
                            ``(i) In general.--The condition stated in 
                        this subparagraph is that--
                                    ``(I) the potentially responsible 
                                party is--
                                            ``(aa) a natural person;
                                            ``(bb) a small business; or
                                            ``(cc) a municipality;
                                    ``(II) the potentially responsible 
                                party demonstrates to the President an 
                                inability to pay or has only a limited 
                                ability to pay response costs, as 
                                determined by the Administrator under a 
                                regulation promulgated by the 
                                Administrator, after public notice and 
                                opportunity for comment and after 
                                consultation with the Administrator of 
                                the Small Business Administration and 
                                the Secretary of Housing and Urban 
                                Development; and
                                    ``(III) in the case of a 
                                potentially responsible party that is a 
                                small business, the potentially 
                                responsible party does not qualify for 
                                the small business exemption under 
                                section 107(s) because of the 
                                application of section 107(s)(2)(A).
                            ``(ii) Small businesses.--
                                    ``(I) Definition of small 
                                business.--In this subparagraph, the 
                                term `small business' means a business 
                                entity that--
                                            ``(aa) during the taxable 
                                        year preceding the date of 
                                        transmittal of notification 
                                        that the business is a 
                                        potentially responsible party, 
                                        had full- and part-time 
                                        employees whose combined time 
                                        was equivalent to 50 or fewer 
                                        full-time employees or for that 
                                        taxable year reported 
                                        $3,000,000 or less in gross 
                                        revenue; and
                                            ``(bb) the person is not 
                                        affiliated through any familial 
                                        or corporate relationship with 
                                        any person that is or was a 
                                        party potentially responsible 
                                        for response costs at the 
                                        facility.
                                    ``(II) Considerations.--At the 
                                request of a small business, the 
                                President shall take into consideration 
                                the ability of the small business to 
                                pay response costs and still maintain 
                                its basic business operations, 
                                including consideration of the overall 
                                financial condition of the small 
                                business and demonstrable constraints 
                                on the ability of the small business to 
                                raise revenues.
                                    ``(III) Information.--A small 
                                business requesting settlement under 
                                this paragraph shall promptly provide 
                                the President with all relevant 
                                information needed to determine the 
                                ability of the small business to pay 
                                response costs.
                                    ``(IV) Determination.--A small 
                                business shall demonstrate the amount 
                                of its ability to pay response costs, 
                                and the President shall perform any 
                                analysis that the President determines 
                                may assist in demonstrating the impact 
                                of a settlement on the ability of the 
                                small business to maintain its basic 
                                operations. The President, in the 
                                discretion of the President, may 
                                perform such analysis for any other 
                                party or request such other party to 
                                perform the analysis.
                                    ``(V) 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.
                            ``(iii) Municipalities.--
                                    ``(I) Considerations.--The 
                                President shall consider the inability 
                                or limited ability to pay of a 
                                municipality to the extent that the 
                                municipality provides necessary 
                                information with respect to--
                                            ``(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.
                                    ``(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 
                                municipal services and the feasibility 
                                of making delayed payments or payments 
                                over time.
                                    ``(III) Risk of default or 
                                violation.--A municipality may 
                                establish an inability to pay for 
                                purposes of this subparagraph through 
                                an affirmative showing that payment of 
                                its liability under this Act would--
                                            ``(aa) create a substantial 
                                        demonstrable risk that the 
                                        municipality would default on 
                                        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 the level 
                                        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) Other factors relevant to 
                                settlements with municipalities.--In 
                                determining an appropriate settlement 
                                amount with a municipality under this 
                                subparagraph, the President may 
                                consider other relevant factors, 
                                including the fair market value of any 
                                in-kind services that the municipality 
                                may provide to support the response 
                                action at the facility.
                            ``(iv) Other potentially responsible 
                        parties.--This subparagraph does not affect the 
                        President's authority to evaluate the ability 
                        to pay of a potentially responsible party other 
                        than a natural person, small business, or 
                        municipality or to enter into a settlement with 
                        such other party based on that party's ability 
                        to pay.
                    ``(F) Additional conditions for expedited 
                settlements.--
                            ``(i) Waiver of claims.--The President 
                        shall require, as a condition of settlement 
                        under this paragraph, that a potentially 
                        responsible party waive the claims (including a 
                        claim for contribution under section 113) that 
                        the party may have against other potentially 
                        responsible parties for all response costs 
                        addressed in the settlement.
                            ``(ii) Exception.--The President may 
                        decline to offer a settlement to a potentially 
                        responsible party under this paragraph if the 
                        President determines that the potentially 
                        responsible party has failed to substantially 
                        comply with the requirement stated in 
                        subsection (y) with respect to the facility.
                            ``(iii) Responsibility to provide 
                        information.--A potentially responsible party 
                        that enters into a settlement under this 
                        paragraph shall not be relieved of the 
                        responsibility to provide any information 
                        requested by the President in accordance with 
                        subsection (e)(3)(B) or section 104(e).
                            ``(iv) Basis of determination.--If the 
                        President determines that a potentially 
                        responsible party is not eligible for 
                        settlement under this paragraph, the President 
                        shall state the reasons for the determination 
                        in writing to any potentially responsible party 
                        that requests a settlement under this 
                        paragraph.
                            ``(v) No judicial review.--A determination 
                        by the President under this paragraph shall not 
                        be subject to judicial review.''.
    (b) Settlement Offers.--Section 122(g) of the Comprehensive 
Environment Response, Liability, and Compensation Act of 1980 (42 
U.S.C. 9622(g)) is amended--
            (1) by redesignating paragraph (6) as paragraph (9); and
            (2) by inserting after paragraph (5) the following:
            ``(6) Settlement offers.--
                    ``(A) In general.--As soon as practicable after 
                receipt of sufficient information, the Administrator 
                shall submit a written settlement offer (stated in 
                dollars) to each person that the Administrator 
                determines, based on information available to the 
                Administrator at the time at which the determination is 
                made, to be eligible for a settlement under paragraph 
                (1).
                    ``(B) Information.--At the time at which the 
                Administrator submits an offer under paragraph (1), the 
                Administrator shall, at the request of the recipient of 
                the offer, make available to the recipient any 
                information available under section 552 of title 5, 
                United States Code, on which the Administrator bases 
                the settlement offer, and if the settlement offer is 
                based in whole or in part on information not available 
                under that section, so inform the recipient.
            ``(7) Litigation moratorium.--
                    ``(A) In general.--No person eligible for an 
                expedited settlement under paragraph (1) shall be named 
                as a defendant in any action under this Act or any 
                other Federal or State law for recovery of response 
                costs incurred after the date of enactment of this 
                paragraph (including an action for contribution) during 
                the period beginning on the date on which the person 
                receives from the President written notice of the 
                person's potential liability and notice that the person 
                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).
                    ``(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 (including an action for 
                contribution or natural resource damages) shall be 
                tolled during 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. 504. ALLOCATION OF LIABILITY 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 
section 406) is amended by adding at the end the following:

``SEC. 137. ALLOCATION OF LIABILITY FOR CERTAIN FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Allocated share.--The term `allocated share' means 
        the percentage of responsibility assigned to a potentially 
        responsible party by the allocator in an allocation report 
        under subsection (h).
            ``(2) Allocation party.--
                    ``(A) In general.--The term `allocation party' 
                means a party, named on a list of parties issued by the 
                Administrator, that will be subject to the allocation 
                process under this section.
                    ``(B) Exclusion.--
                            ``(i) In general.--The term `allocation 
                        party' does not include a person that is 
                        qualified for an exemption under subsection 
                        (q), (r), or (s), but such a person shall be 
                        required to respond to information requests 
                        under subsections (d) and (j).
                            ``(ii) Determination of allocation 
                        shares.--Notwithstanding clause (i), an 
                        allocator shall determine the allocation share 
                        of a person that is qualified for the exemption 
                        under subsection (q) or (s) for the purpose of 
                        determining the orphan share under section 
                        137(i).
            ``(3) Allocator.--The term `allocator' means a neutral 
        third party retained to conduct an allocation for a facility 
        under this section.
            ``(4) ADR neutral.--The term `ADR neutral' means an 
        alternative dispute resolution neutral retained to assist the 
        parties at a facility in resolving a dispute related to a 
        settlement.
            ``(5) Mandatory allocation facility.--The term `mandatory 
        allocation facility' means--
                    ``(A) a non-federally owned vessel or facility 
                listed on the National Priorities List with respect to 
                which response costs are incurred after the date of 
                enactment of this section and at which there are 2 or 
                more potentially responsive persons (including 1 or 
                more persons that are qualified for an exemption under 
                subsection (q), (r), or (s) of section 107), if at 
                least 1 potentially responsible person is viable and 
                not entitled to an exemption under subsection (q), (r), 
                or (s) of section 107 for which the potentially 
                responsible parties demonstrate that the response costs 
                to be incurred after the date of enactment of this Act 
                will exceed $1,000,000;
                    ``(B) a federally owned vessel or facility listed 
                on the National Priorities List with respect to which 
                response costs are incurred after the date of enactment 
                of this section, and with respect to which 1 or more 
                potentially responsible parties (other that a 
                department, agency, or instrumentality of the United 
                States) are liable or potentially liable if at least 1 
                potentially liable party is liable and not entitled to 
                an exemption under subsection (q), (r), or (s) of 
                section 107 for which the potentially responsible 
                parties demonstrate that the response costs to be 
                incurred after the date of enactment of this Act will 
                exceed $1,000,000; and
                    ``(C) a codisposal landfill with respect to which 
                costs are incurred after the date of enactment of this 
                section.
            ``(6) Orphan share.--The term `orphan share' means the 
        total of the allocated shares determined by the Administrator 
        and the parties to a negotiation under subsection (e) or by the 
        allocator under subsection (i).
    ``(b) Allocations of Responsibility.--
            ``(1) Mandatory allocations.--The Administrator shall 
        conduct the allocation process under this section for each 
        mandatory allocation facility.
            ``(2) Requested allocations.--For a facility (other than a 
        mandatory allocation facility) involving 2 or more potentially 
        responsible parties, the Administrator may conduct the 
        allocation process under this section if the allocation is 
        requested in writing by a potentially responsible party that 
        has--
                    ``(A) incurred response costs with respect to a 
                response action; or
                    ``(B) resolved any liability to the United States 
                with respect to a response action in order to assist in 
                allocating shares among potentially responsible 
                parties.
            ``(3) Orphan share.--An allocation performed at a vessel or 
        facility identified under paragraph (2) shall not require 
        payment of an orphan share under subsection (i) or contribution 
        under subsection (o).
            ``(4) Codisposal landfills.--In determining the order in 
        which to conduct allocations at facilities identified under 
        paragraph (1) or (2), the Administrator shall give priority to 
        allocations at codisposal landfills.
            ``(5) Excluded facilities.--A facility for which there was 
        in effect as of the date of enactment of this section a 
        settlement decree or order that determines the liability and 
        allocated shares of all potentially responsible parties with 
        respect to the response action shall not be considered to be a 
        mandatory allocation facility for the purposes of paragraph 
        (1).
            ``(6) Limitation of certain facilities.--
                    ``(A) In general.--In the case of a mandatory 
                allocation facility that is the subject of a judicial 
                or administrative consent decree or unilateral 
                administrative order under section 106 that was issued, 
                signed, lodged, or entered on or before February 1, 
                1998, in which there may be an orphan share, there 
                shall be no mandatory allocation process under this 
                section for the purpose of determining the amount of 
                the orphan share unless, after the Administrator 
                rejects a request for mandatory allocation, a neutral 
                third party determines that the amount of the orphan 
                share of the response costs remaining to be incurred 
                can reasonably be expected to amount to $500,000 or 
                more.
                    ``(B) Presentation to neutral third party.--Two or 
                more persons subject to a consent decree or unilateral 
                administrative order described in subparagraph (A) that 
                seek an allocation process for the purpose of 
                determining the amount of the orphan share shall--
                            ``(i) nominate, with the approval of the 
                        Administrator, a neutral third party to make 
                        the determination under subparagraph (A); and
                            ``(ii) not later than 30 days after 
                        selection of the neutral third party, submit to 
                        the neutral third party a written presentation 
                        showing the amount of the orphan share of the 
                        response costs then remaining to be incurred.
                    ``(C) Determination.--Not later than 60 days after 
                the receipt of the presentation under subparagraph (B), 
                the neutral third party shall determine the reasonably 
                expected amount of the orphan share of the response 
                costs remaining to be incurred.
                    ``(D) Conclusiveness of determination.--The 
                determination of a neutral third party under 
                subparagraph (C) shall be conclusive on all persons and 
                shall not be subject to review by the Administrator or 
                any court.
                    ``(E) Cost.--The cost of obtaining a determination 
                under this paragraph shall be paid by the person or 
                group of persons seeking an orphan share allocation.
                    ``(F) Scope.--If the requirement of subparagraph 
                (A) is met, an allocation shall be performed for the 
                sole purpose of determining the orphan share under 
                subsection (i)(1). The allocation shall take into 
                account any monetary or nonmonetary compromises made by 
                the Administrator in negotiating the underlying consent 
                decree. If the allocator under subsection (i)(1) 
                determines that the amount of the orphan share of the 
                response costs remaining to be incurred is less than 
                $500,000, there shall be no orphan shares provided.
                    ``(G) Requested allocations.--A determination under 
                this paragraph that a mandatory allocation process 
                shall not be conducted shall not preclude the conduct 
                of a requested allocation with the approval of the 
                Administrator.
                    ``(H) Effect of paragraph.--This paragraph does not 
                limit or otherwise affect the obligation of any person 
                to implement a response action as required by a consent 
                decree or unilateral administrative order.
            ``(7) Scope of allocations.--
                    ``(A) In general.--An allocation under this section 
                shall apply to--
                            ``(i) response costs incurred after the 
                        date of enactment of this section, with respect 
                        to a mandatory allocation facility;
                            ``(ii) unrecovered response costs of the 
                        United States incurred before the date of 
                        enactment of this section, with respect to a 
                        mandatory allocation facility; and
                            ``(iii) response costs incurred at a 
                        facility that is the subject of a requested 
                        allocation under paragraph (2).
                    ``(B) Costs incurred before date of enactment.--
                With the agreement of the allocation parties and the 
                United States, the allocator may also provide an 
                allocation of response costs incurred at a facility 
                before the date of enactment of this section, but that 
                portion of the allocation shall not qualify for 
                reimbursement of an orphan share.
            ``(8) Other matters.--This section shall not limit or 
        affect--
                    ``(A) the obligation of the Administrator to 
                conduct the allocation process for a response action at 
                a facility that has been the subject of a partial or 
                expedited settlement;
                    ``(B) the ability of any person to resolve any 
                liability, with respect to a facility, to any other 
                person at any time before initiation or completion of 
                the allocation process, subject to subsection (n)(2);
                    ``(C) the validity, enforceability, finality, or 
                merits of any judicial or administrative order, 
                judgment, or decree, issued prior to the date of 
                enactment of this section with respect to liability 
                under this Act; or
                    ``(D) the validity, enforceability, finality, or 
                merits of any preexisting contract or agreement 
                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) In general.--No person may assert a claim for 
        recovery of a response cost or contribution toward a response 
        cost (including a claim for insurance proceeds) incurred after 
        the date of enactment of this section under this Act or any 
        other Federal or State law in connection with a response 
        action--
                    ``(A) for which an allocation is required to be 
                performed under subsection (b)(1);
                    ``(B) for which the Administrator has initiated 
                settlement negotiations under subsection (e); or
                    ``(C) for which the Administrator has initiated the 
                allocation process under this section;
        until the date that is 120 days after the date of issuance of a 
        report by the allocator under subsection (h) or, if a second or 
        subsequent report is issued under subsection (m), the date of 
        issuance of the second or subsequent report.
            ``(2) Pending actions or claims.--If a claim described in 
        paragraph (1) is pending on the date of enactment of this 
        section or on initiation of an allocation under this section, 
        the portion of the claim pertaining to response costs that are 
        the subject of the allocation shall be stayed until the date 
        that is 120 days after the date of issuance of a report by the 
        allocator under subsection (h) or, if a second or subsequent 
        report is issued under subsection (m), the date of issuance of 
        the second or subsequent report, unless the court determines 
        that a stay would result in manifest injustice.
            ``(3) Tolling of period of limitation.--
                    ``(A) Beginning of tolling.--Any applicable period 
                of limitation with respect to a claim subject to 
                paragraph (1) shall be tolled beginning on the earlier 
                of--
                            ``(i) the date of listing of the facility 
                        on the National Priorities List if the listing 
                        occurs after the date of enactment of this 
                        section; or
                            ``(ii) the date of commencement of 
                        settlement negotiations or initiation of the 
                        allocation process under this section.
                    ``(B) End of tolling.--A period of limitation shall 
                be tolled under subparagraph (A) until the later of--
                            ``(i) the date that is 180 days after the 
                        date of entry by a United States district court 
                        of a settlement under subsection (e); or
                            ``(ii) the date that is 180 days after the 
                        date of issuance of a report by the allocator 
                        under subsection (h), or of a second or 
                        subsequent report under subsection (m).
            ``(4) 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 each mandatory 
        allocation facility, and provide appropriate opportunity for 
        participation by potentially responsible parties. The search 
        shall be initiated not later than 60 days after commencement of 
        the remedial investigation or selection of a removal action, 
        whichever occurs first.
            ``(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 a 
                        majority of 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 publish a list of 
        potentially responsible parties.
            ``(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 the Administrator determines not 
        to use the negotiation procedures under this subsection (in 
        which case subsection (f) shall apply), the Administrator shall 
        provide a 90-day period of negotiation under section 122(e)(2) 
        for each mandatory allocation facility before initiating an 
        allocation process under subsection (f). The 90-day period may 
        be extended by agreement of the Administrator and a majority of 
        the parties to the negotiation.
            ``(2) ADR neutral.--The Administrator may use the services 
        of an ADR neutral to assist in negotiations if requested by the 
        potentially responsible parties.
            ``(3) Orphan share.--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 
        under subsection (i).
            ``(4) Mandatory settlement.--The Administrator shall 
        promptly adopt any settlement that--
                    ``(A) allocates at least 90 percent of the 
                recoverable costs at a facility (including any orphan 
                share identified by the Administrator); and
                    ``(B) contains the terms and conditions under 
                subsection (n)(2) other than the requirement to pay a 
                premium under subsection (n)(2)(A)(ii)(I).
            ``(5) Nonsettling party.--A potentially responsible party 
        that does not agree to a settlement under paragraph (4) is 
        subject to post-settlement litigation under subsection (q).
    ``(f) Allocation Process.--
            ``(1) In general.--At the request of any potentially 
        responsible party that has not resolved its liability to the 
        United States (other than a nonsettling party described in 
        subsection (e)(5)), not later than 30 days after the conclusion 
        of settlement negotiations if undertaken pursuant to subsection 
        (e), the Administrator shall initiate an allocation process 
        concerning a mandatory allocation facility in accordance with 
        this subsection.
            ``(2) Timing.--A potentially responsible party described in 
        paragraph (1) shall submit to the Administrator a written 
        request for an allocation not later than 30 days after the 
        earlier of--
                    ``(A) the date on which the Administrator notifies 
                the potentially responsible parties in writing that 
                negotiations under subsection (e) have concluded 
                without a settlement having been reached;
                    ``(B) the date on which a settlement under 
                subsection (e) has been lodged in United States 
                district court; or
                    ``(C) the Administrator determines not to use the 
                negotiation procedure under subsection (e), and 
                provides the potentially responsible party notice of 
                the determination.
            ``(3) Flexible process.--
                    ``(A) In general.--Each allocation under this 
                section shall be performed by an allocator in a fair, 
                efficient, and impartial manner.
                    ``(B) Cost minimization.--The allocator shall make 
                every effort to streamline the allocation process and 
                minimize the cost of conducting the allocation.
                    ``(C) Opportunity for comment.--Before issuing the 
                final allocation report, the allocator shall give each 
                allocation party and the President an opportunity to 
                comment on a draft allocation report.
                    ``(D) Judicial review.--
                            ``(i) In general.--A decision by the 
                        allocator shall be subject to judicial review 
                        in United States district court under 
                        subchapter II of chapter 5 of title 5, United 
                        States Code.
                            ``(ii) Standard of review.--A decision by 
                        the allocator shall be upheld unless the 
                        objecting party demonstrates that the decision 
                        was arbitrary and capricious or otherwise not 
                        in accordance with law.
            ``(4) Retention of allocator.--
                    ``(A) In general.--An allocator shall be selected 
                by the Administrator and the allocation parties to 
                conduct an allocation under this section.
                    ``(B) Selection by the administrator.--An allocator 
                shall be selected by the Administrator if the 
                allocation parties do not agree to the selection of an 
                allocator within a reasonable time.
                    ``(C) Procedure for expedited retention.--
                            ``(i) In general.--The Administrator shall 
                        establish, by regulation or otherwise--
                                    ``(I) a simplified acquisition 
                                procedure for the expedited selection 
                                and retention by contract of ADR 
                                neutrals and allocators (including, if 
                                appropriate, establishing alternative 
                                conflict of interest screening 
                                procedures and alternative sole source 
                                contracting requirements); and
                                    ``(II) a procedure for the conduct 
                                of the allocation process.
                            ``(ii) Mandatory contract source.--On 
                        selection of an ADR neutral or allocator, the 
                        Administrator shall treat the selected ADR 
                        neutral or allocator as a mandatory source for 
                        contracting purposes.
                            ``(iii) No restriction of allocator's 
                        discretion.--The Administrator shall not 
                        establish by the regulation under clause (i) or 
                        otherwise, any procedure that restricts the 
                        allocator's discretion in assigning estimated 
                        contribution shares and the orphan share under 
                        this section.
                    ``(D) Participation by administrator or attorney 
                general.--The Administrator or the Attorney General 
                shall participate in the allocation process on behalf 
                of the United States and as the representative of the 
                Fund.
                    ``(E) Support services.--Each contract by which the 
                Administrator retains an allocator shall authorize the 
                allocator to acquire reasonable support services.
                    ``(F) Information regarding potentially responsible 
                parties.--The Administrator shall provide the allocator 
                all information regarding potentially responsible 
                parties obtained under paragraphs (1) and (2) of 
                subsection (d).
                    ``(G) 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--
                            ``(i) 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; but
                            ``(ii) shall not be entitled to post-
                        allocation contribution under subsection (o).
    ``(g) Equitable Factors for Allocation.--The allocator shall 
prepare a nonbinding allocation of percentage shares of responsibility 
to each allocation party and to the orphan share, in accordance with 
this section and without regard to any theory of joint and several 
liability, based on--
            ``(1) the amount of hazardous substances contributed by 
        each allocation party;
            ``(2) the degree of toxicity of hazardous substances 
        contributed by each allocation party;
            ``(3) the mobility of hazardous substances contributed by 
        each allocation party;
            ``(4) the degree of involvement of each allocation party in 
        the generation, transportation, treatment, storage, or disposal 
        of hazardous substances;
            ``(5) the degree of care exercised by each allocation party 
        with respect to hazardous substances, taking into account the 
        characteristics of the hazardous substances;
            ``(6) the cooperation of each allocation party in 
        contributing to any response action and in providing complete 
        and timely information to the United States, an ADR neutral, or 
        the allocator; and
            ``(7) such other equitable factors as the allocator 
        recommends, with the agreement of the allocation parties and 
        the United States.
    ``(h) Allocator's Report.--
            ``(1) 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.
            ``(2) 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.
            ``(3) Admissibility of allocation report.--
                    ``(A) In general.--No draft or final allocation 
                report shall be admissible in any court for any purpose 
                except as provided in subparagraph (B).
                    ``(B) 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.
            ``(4) 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.
            ``(5) Judicial review.--A draft allocation report or final 
        allocation report of an allocator and any other determination 
        made by the Administrator or the allocator for the purposes of 
        this subsection shall not be subject to judicial review.
            ``(6) Administrative orders.--Neither the conduct nor the 
        results of an allocation shall constitute sufficient cause for 
        noncompliance with an order issued under section 106.
    ``(i) Orphan Shares.--
            ``(1) Makeup of orphan share.--The orphan share shall 
        consist of--
                    ``(A) any share that the allocator determines is 
                attributable to an allocation party that is insolvent 
                or defunct and that is not affiliated with any 
                financially viable allocation party; and
                    ``(B) the difference between the aggregate share 
                that the allocator determines is attributable to an 
                allocation party and the aggregate share actually paid 
                by the allocation party if--
                            ``(i) the person is eligible for an 
                        expedited settlement with the United States 
                        under section 122;
                            ``(ii) the liability of the person is 
                        eliminated, limited, or reduced by subsection 
                        (o), (p), (q), (s), (t), (u), (v), (w), or (x) 
                        of section 107 or section 112(g); or
                            ``(iii) the person settled with the United 
                        States before the completion of the allocation.
            ``(2) Unattributable shares.--A share attributable to a 
        hazardous substance that the allocator determines was disposed 
        at the facility that cannot be attributed to any identifiable 
        party shall be distributed among the allocation parties and the 
        orphan share in accordance with the allocated share assigned to 
        each.
    ``(j) Information-Gathering Authority.--
            ``(1) In general.--The ADR neutral or allocator may gather 
        such information as is necessary to conduct a fair and 
        impartial settlement or allocation.
            ``(2) Types of authority.--In carrying out paragraph (1), 
        the ADR neutral or allocator may--
                    ``(A) exercise the information-gathering authority 
                of the President under section 104(e) or issue a 
                subpoena;
                    ``(B) request that the Attorney General enforce any 
                information request or subpoena issued by the ADR 
                neutral or the allocator and, if the Attorney General 
                does not respond to the request within 15 days after 
                receipt of the request, retain counsel to enforce the 
                information request or subpoena; and
                    ``(C) request that the Attorney General seek to 
                impose civil penalties for any failure to submit a 
                complete and timely answer to an information request or 
                subpoena or for any violation of subsection (k), or 
                criminal penalties under section 1001 of title 18, 
                United States Code, for any false or misleading 
                material statement made in connection with the 
                allocation process.
            ``(3) Nonallocation parties.--The allocator may exercise 
        the authorities under this subsection with respect to any 
        party, regardless of whether the party participates in an 
        allocation process under subsection (f). An exemption from, or 
        limitation on, liability does not limit or otherwise affect any 
        requirement under section 104(e) or 122(e).
    ``(k) Confidentiality of Information.--
            ``(1) In general.--All persons involved in the settlement 
        or allocation shall ensure the confidentiality at all times of 
        all information submitted to the allocator.
            ``(2) Confidentiality.--Information submitted to the ADR 
        neutral or allocator--
                    ``(A) shall not be--
                            ``(i) disclosed to any person except as 
                        required by court order;
                            ``(ii) subject to disclosure to any person 
                        under section 552 of title 5, United States 
                        Code; or
                            ``(iii) discoverable or admissible in any 
                        Federal, State, or local judicial or 
                        administrative proceeding (if not independently 
                        discoverable or admissible); and
                    ``(B) shall be deemed to be a dispute resolution 
                communication for purposes of the confidentiality 
                provisions of sections 571 through 583 of title 5, 
                United States Code (commonly known as the 
                `Administrative Dispute Resolution Act'), which shall 
                apply for all activities under this section.
            ``(3) No waiver.--The submission to the ADR neutral or 
        allocator of information shall not constitute a waiver of any 
        privilege under any Federal or State law (including any 
        regulation).
    ``(l) Rejection of Allocation Report.--
            ``(1) Rejection.--The Administrator and the Attorney 
        General may jointly reject a report issued by an allocator only 
        if the Administrator and the Attorney General jointly publish, 
        not later than 180 days after the Administrator receives the 
        report, a written determination that--
                    ``(A) 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
                    ``(B) the allocation process was directly and 
                substantially affected by bias, procedural error, 
                fraud, or unlawful conduct.
            ``(2) Finality.--A report issued by an allocator may not be 
        rejected after the date that is 180 days after the date on 
        which the United States accepts a settlement offer based on the 
        allocation.
    ``(m) Second and Subsequent Allocations.--
            ``(1) In general.--If a report is rejected under subsection 
        (l), the Administrator and the allocation parties shall select 
        an allocator to perform, on an expedited basis, a new 
        allocation based, to the extent appropriate, on the same record 
        available to the previous allocator.
            ``(2) Subsequent allocator process.--If a second allocation 
        report is rejected under subsection (l), subsequent allocation 
        processes may be provided at the discretion of the 
        Administrator.
            ``(3) Moratorium and tolling.--The moratorium and tolling 
        provisions of subsection (l) shall be extended until the date 
        that is 180 days after the date of issuance of any second or 
        subsequent allocation report under paragraph (1).
    ``(n) Settlements Based on Allocations.--
            ``(1) In general.--Unless an allocation report is rejected 
        under subsection (l), any allocation party at a mandatory 
        allocation facility (including an allocation party whose 
        allocated share is funded partially or fully by orphan share 
        funding under subsection (i)) shall be entitled to resolve the 
        liability of the party to the United States for response costs 
        subject to allocation if, not later than 90 days after the date 
        of issuance of a report by the allocator, the party--
                    ``(A) makes a written offer to settle with the 
                United States based on the allocated share specified by 
                the allocator; and
                    ``(B) agrees to the other terms and conditions 
                stated in this subsection.
            ``(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 parties (other than an allocation 
                        party that satisfies the requirements of 
                        section 107(v)) perform a response action; and
                            ``(ii) shall include--
                                    ``(I) a provision under which the 
                                United States shall provide, by 
                                reimbursement or otherwise, 90 percent 
                                of the estimated contribution share 
                                assigned to the orphan share, as 
                                determined by the allocator in the 
                                final allocation report, and, if 
                                applicable, the estimated contribution 
                                shares of non-settling parties;
                                    ``(II) a waiver of claims against 
                                the Fund for reimbursement;
                                    ``(III) a waiver of contribution 
                                rights against all persons that are 
                                potentially responsible parties for any 
                                response cost addressed in the 
                                settlement;
                                    ``(IV) a covenant not to sue that 
                                is consistent with section 122(f) and, 
                                except in the case of a cash-out 
                                settlement, provisions regarding 
                                performance or adequate assurance of 
                                performance of the response action;
                                    ``(V) complete protection from all 
                                claims for contribution regarding the 
                                response costs incurred after the date 
                                of enactment of this section that are 
                                addressed in the settlement;
                                    ``(VI) provisions through which a 
                                settling party shall receive prompt 
                                contribution from the Fund under 
                                subsection (o) of any response cost 
                                that is the subject of the allocation 
                                in excess of the allocated share of the 
                                party, including the allocated portion 
                                of any orphan share; and
                                    ``(VII) provisions through which a 
                                settling party shall waive any 
                                challenge to any settlement that the 
                                Administrator or Attorney General 
                                enters into with any other potentially 
                                responsible party at the facility.
                    ``(B) Not contingent.--Contribution under 
                subparagraph (A)(ii)(VI) shall not be contingent on 
                recovery by the United States of any response costs 
                from any person other than the settling party.
    ``(o) Post-Allocation Contribution.--
            ``(1) In general.--An allocation party that incurs costs 
        after the date of enactment of this section for implementation 
        of a response action that is the subject of an allocation under 
        this section to an extent that exceeds the percentage share of 
        the allocation party, as determined by the allocator, shall be 
        entitled to prompt payment of contribution for the excess 
        amount, including any orphan share, from the Fund, unless the 
        allocation report is rejected under subsection (l).
            ``(2) Not contingent.--The right to contribution under 
        paragraph (1) shall not be contingent on recovery by the United 
        States of a response cost from any other person.
            ``(3) Terms and conditions.--
                    ``(A) Risk premium.--A contribution payment shall 
                be reduced by an amount not exceeding the litigation 
                risk premium under subsection (n)(2)(A)(ii)(I) that 
                would apply to a settlement by the allocation party 
                concerning the response action, based on the total 
                allocated shares of the parties that have not reached a 
                settlement with the United States.
                    ``(B) Timing.--
                            ``(i) In general.--A contribution payment 
                        shall be paid out during the course of the 
                        response action that was the subject of the 
                        allocation, using reasonable progress payments 
                        at significant milestones.
                            ``(ii) Construction.--Contribution for the 
                        construction portion of the work shall be paid 
                        out not later than 120 days after the date of 
                        completion of the construction unless 
                        construction takes longer than 1 year, in which 
                        case contribution shall be made in appropriate 
                        periodic payments.
                    ``(C) Financial controls on contribution.--The 
                Administrator shall require all claims for contribution 
                under paragraph (1) to be supported by--
                            ``(i) documentation of actual costs 
                        incurred; and
                            ``(ii) sufficient information to enable the 
                        Administrator to determine whether the costs 
                        were reasonable, necessary, and consistent with 
                        the National Contingency Plan.
                    ``(D) Equitable offset.--A contribution payment 
                shall be subject to equitable offset or recoupment by 
                the Administrator at any time if the allocation party 
                fails to perform the work in a proper and timely 
                manner.
                    ``(E) Waiver.--
                            ``(i) In general.--An allocation party that 
                        receives contribution under this section waives 
                        the right to seek from any other person 
                        potentially liable under this Act--
                                    ``(I) recovery of response costs 
                                incurred after the date of enactment of 
                                this section in connection with the 
                                response action; or
                                    ``(II) contribution toward the 
                                response costs incurred after the date 
                                of enactment of this section.
                            ``(ii) Claims against insurers.--Clause (i) 
                        does not preclude a claim by an allocation 
                        party against an insurer of the allocation 
                        party for the portion of response costs borne 
                        by the allocation party that is not covered by 
                        the amount of contribution received by the 
                        allocation party.
    ``(p) Funding of Orphan Shares.--
            ``(1) Contribution.--For each settlement entered into under 
        subsection (n) and each administrative order or settlement 
        decree to which subsection (o) applies, the Administrator shall 
        promptly provide contribution to the settling allocation 
        parties as provided in those subsections.
            ``(2) Entitlement.--Paragraph (1) constitutes an 
        entitlement to any allocation party eligible to receive 
        contribution.
            ``(3) Amounts owed.--
                    ``(A) Delay if funds are unavailable.--If funds are 
                unavailable in any fiscal year to provide contribution 
                to all allocation parties under paragraph (1), the 
                Administrator may delay payment until funds are 
                available.
                    ``(B) Priority.--The priority for contribution 
                shall be based on the length of time that has passed 
                since the settlement between the United States and the 
                allocation parties under subsection (n).
                    ``(C) Payment from funds made available in 
                subsequent fiscal years.--Any amount due and owing in 
                excess of available appropriations in any fiscal year 
                shall be paid from amounts made available in subsequent 
                fiscal years, along with interest on the unpaid 
                balances at the rate equal to that of the current 
                average market yield on outstanding marketable 
                obligations of the United States with a maturity of 1 
                year.
            ``(4) Auditing.--The Administrator may require an 
        independent auditing of any claim for contribution.
    ``(q) Post-Settlement Litigation.--
            ``(1) In general.--Subject to subsections (m) and (n), and 
        on the expiration of the moratorium period under subsection 
        (c), the Administrator may commence an action under section 107 
        against an allocation party that has not resolved the liability 
        of the party to the United States following allocation and may 
        seek to recover response costs not recovered through 
        settlements with other persons, including the costs of the 
        allocation process under paragraph (4).
            ``(2) Recovery.--In any action under paragraph (1), a 
        nonsettling party shall be subject to joint and several 
        liability for response costs not recovered through settlements 
        with other persons, including the cost of any federally funded 
        orphan share and 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 did not resolve its liability to the United States.
            ``(4) Response costs.--
                    ``(A) Allocation process.--The cost of implementing 
                the allocation process or settlement process under this 
                section, including reasonable fees and expenses of the 
                allocator, shall be considered to be a necessary 
                response cost.
                    ``(B) Funding of orphan shares.--The cost 
                attributable to funding an orphan share under this 
                section--
                            ``(i) shall be considered to be a necessary 
                        response cost; and
                            ``(ii) shall be recoverable under section 
                        107 only from an allocation party that does not 
                        reach a settlement under subsection (n).
    ``(r) Retained Authority.--Except as specifically provided in this 
section, this section does not affect the authority of the 
Administrator to--
            ``(1) exercise the powers conferred by section 103, 104, 
        105, 106, or 122;
            ``(2) commence an action against a party if there is a 
        contemporaneous filing of a judicial consent decree resolving 
        the liability of the party;
            ``(3) file a proof of claim or take other action in a 
        proceeding under title 11, United States Code;
            ``(4) require implementation of a response action at an 
        allocation facility during the conduct of the allocation 
        process; or
            ``(5) file any actions necessary to prevent dissipation of 
        the assets of a potentially responsible party.
    ``(s) Illegal Activities.--Subsections (o), (p), (q), (r), (s), 
(t), (u), (v), (w), and (x) of section 107 and section 112(g) shall not 
apply to any person whose liability for response costs under section 
107(a)(1) is otherwise based on any act, omission, or status that is 
determined by a court or administrative body of competent jurisdiction, 
within the applicable statute of limitation, to have been a violation 
of any Federal or State law pertaining to the treatment, storage, 
disposal, or handling of hazardous substances if the violation pertains 
to a hazardous substance, the release or threat of release of which 
caused the incurrence of response costs at the vessel or facility.''.

SEC. 505. CERTAIN FACILITIES OWNED BY LOCAL GOVERNMENTS.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) (as amended 
by section 501(b)) is amended by adding at the end the following:
    ``(u) Certain Facilities Owned by Local Governments.--A general 
purpose unit of local government that, as a result of tax forfeiture, 
abandonment, bankruptcy, or foreclosure, has acquired a facility--
            ``(1) at which there has been a release or threatened 
        release of a hazardous substance; and
            ``(2) that is or may be contaminated by the release;
shall not be considered to be an owner or operator of the property for 
the purposes of this section or any other provision of this Act.''.

SEC. 506. LIABILITY OF RESPONSE ACTION CONTRACTORS.

    (a) Liability of Contractors.--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:
                    ``(H) Liability of contractors.--
                            ``(i) In general.--The term `owner or 
                        operator' does not include a response action 
                        contractor (as defined in section 119(e)).
                            ``(ii) Liability limitations.--A person 
                        described in clause (i) shall not, in the 
                        absence of negligence by the person, be 
                        considered to--
                                    ``(I) cause or contribute to any 
                                release or threatened release of a 
                                hazardous substance, pollutant, or 
                                contaminant;
                                    ``(II) arrange for disposal or 
                                treatment of a hazardous substance, 
                                pollutant, or contaminant;
                                    ``(III) arrange with a transporter 
                                for transport or disposal or treatment 
                                of a hazardous substance, pollutant, or 
                                contaminant; or
                                    ``(IV) transport a hazardous 
                                substance, pollutant, or contaminant.
                            ``(iii) Exceptions.--This subparagraph does 
                        not apply--
                                    ``(I) to a person that is 
                                potentially responsible under section 
                                106 or 107 other than a person that is 
                                associated solely with the provision of 
                                a service relating to a response 
                                action; or
                                    ``(II) with respect to liability 
                                for a facility at which a response 
                                action contractor did not perform a 
                                response action.''.
    (b) National Uniform Negligence Standard.--Section 119(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9619(a)) is amended--
            (1) in paragraph (1), by striking ``title or under any 
        other Federal law'' and inserting ``title or under any other 
        Federal or State law''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Application of state law.--Paragraph (1) shall not 
        apply in determining the liability of a response action 
        contractor under the law of a State if the State has adopted by 
        statute a law determining the liability of a response action 
        contractor.''.
    (c) Extension of Indemnification Authority.--Section 119(c)(1) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9619(c)(1)) is amended by adding at the end the 
following: ``The agreement may apply to a claim for negligence in 
connection with a response action undertaken pursuant to this Act 
arising under Federal or State law.''.
    (d) Indemnification Determinations.--Section 119(c) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9619(c)) is amended by striking paragraph (4) and 
inserting the following:
            ``(4) Decision to indemnify.--
                    ``(A) In general.--For each response action 
                contract for a vessel or facility, the Administrator 
                shall make a decision whether to enter into an 
                indemnification agreement with a response action 
                contractor.
                    ``(B) Standard.--The Administrator may enter into 
                an indemnification agreement to the extent that the 
                potential liability (including the risk of harm to 
                public health, safety, environment, and property) 
                involved in a response action exceed or are not covered 
                by insurance available to the contractor at a fair and 
                reasonable price at the time at which the response 
                action is begun (including consideration of premium, 
                policy terms, and deductibles). The Administrator shall 
                assess both the amount of potential liability and the 
                amount of insurance available.
                    ``(C) Diligent efforts.--The Administrator may 
                enter into an indemnification agreement if the 
                Administrator determines that the response action 
                contractor has made diligent efforts to obtain 
                insurance coverage from non-Federal sources to cover 
                potential liabilities.
                    ``(D) Continued diligent efforts.--An 
                indemnification agreement shall require the response 
                action contractor to continue, not more frequently than 
                annually, to make diligent efforts to obtain insurance 
                coverage from non-Federal sources to cover potential 
                liabilities.
                    ``(E) Limitations on indemnification.--An 
                indemnification agreement provided under this 
                subsection shall include deductibles and shall place 
                limits on the amount of indemnification made available 
                in amounts determined by the contracting agency to be 
                appropriate in light of the unique risk factors 
                associated with the cleanup activity.''.
    (e) Indemnification for Threatened Releases.--Section 119(c)(5)(A) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9619(c)(5)(A)) is amended by inserting 
``or threatened release'' after ``release'' each place it appears.
    (f) Extension of Coverage to All Response Actions.--Section 
119(e)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9619(e)(1)) is amended--
            (1) in subparagraph (D) by striking ``carrying out an 
        agreement under section 106 or 122''; and
            (2) in the matter following subparagraph (D)--
                    (A) by striking ``any remedial action under this 
                Act at a facility listed on the National Priorities 
                List, or any removal under this Act,'' and inserting 
                ``any response action under this Act,''; and
                    (B) by inserting before the period at the end the 
                following: ``or to undertake appropriate action 
                necessary to protect and restore any natural resource 
                damaged by the release or threatened release''.
    (g) Definition of Response Action Contractor.--Section 
119(e)(2)(A)(i) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9619(e)(2)(A)(i)) is 
amended by striking ``and is carrying out such contract'' and inserting 
``covered by this section and any person (including any subcontractor) 
hired by a response action contractor''.
    (h) Surety Bonds.--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''.
    (i) National Uniform Statute of Repose.--Section 119 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9619) is amended by adding at the end the following:
    ``(h) Limitation on Actions Against Response Action Contractors.--
            ``(1) In general.--No action may be brought under this Act 
        as a result of the performance of services under a response 
        contract against a response action contractor after the date 
        that is 7 years after the date of completion of work at any 
        facility under the contract to recover--
                    ``(A) injury to property, real or personal;
                    ``(B) personal injury or wrongful death;
                    ``(C) other expenses or costs arising out of the 
                performance of services under the contract; or
                    ``(D) contribution or indemnity for damages 
                sustained as a result of an injury described in 
                subparagraphs (A) through (C).
            ``(2) Exception.--Paragraph (1) does not bar recovery for a 
        claim caused by the conduct of the response action contractor 
        that is grossly negligent or that constitutes intentional 
        misconduct.
            ``(3) Indemnification.--This subsection does not affect any 
        right of indemnification that a response action contractor may 
        have under this section or may acquire by contract with any 
        person.''.

SEC. 507. RELEASE OF EVIDENCE.

    (a) Timely Access to Information Furnished Under Section 104(e).--
Section 104(e)(7)(A) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(e)(7)(A)) is 
amended by inserting after ``shall be available to the public'' the 
following: ``not later than 14 days after the records, reports, or 
information is obtained''.
    (b) Requirement To Provide Potentially Responsible Parties Evidence 
of Liability.--
            (1) Abatement actions.--Section 106(a) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9606(a)) is amended--
                    (A) by striking ``(a) In addition'' and inserting 
                the following: ``(a) Order.--''
            ``(1) In general.--In addition''; and
                    (B) by adding at the end the following:
            ``(2) Contents of order.--An order under paragraph (1) 
        shall provide information concerning the evidence that 
        indicates that each element of liability described in section 
        107(a)(1) (A), (B), (C), and (D), as applicable, is present.''.
            (2) Settlements.--Section 122(e)(1) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9622(e)(1)) is amended by inserting after 
        subparagraph (C) the following:
                    ``(D) For each potentially responsible party, the 
                evidence that indicates that each element of liability 
                contained in section 107(a)(1) (A), (B), (C), and (D), 
                as applicable, is present.''.

SEC. 508. CONTRIBUTION PROTECTION.

    Section 113(f)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9613(f)(2)) is 
amended in the first sentence by inserting ``or cost recovery'' after 
``contribution''.

SEC. 509. TREATMENT OF RELIGIOUS, CHARITABLE, SCIENTIFIC, AND 
              EDUCATIONAL ORGANIZATIONS AS OWNERS OR OPERATORS.

    (a) Definition.--Section 101(20) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) 
(as amended by section 502(a)) is amended by adding at the end the 
following:
                    ``(I) Religious, charitable, scientific, and 
                educational organizations.--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 educational purposes and 
                that holds legal or equitable title to a vessel or 
                facility.''.
    (b) Limitation on Liability.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) (as amended by section 504) is amended by adding at the 
end the following:
    ``(v) Religious, Charitable, Scientific, and Educational 
Organizations.--
            ``(1) Limitation on liability.--Subject to paragraph (2), 
        if an organization described in section 101(20)(I) holds legal 
        or equitable title to a vessel or facility 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 
        liability of the organization 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.
            ``(2) Conditions.--In order for an organization described 
        in section 101(20)(I) to be eligible for the limited liability 
        described in paragraph (1), the organization shall--
                    ``(A) substantially comply with the requirement of 
                subsection (y) with respect to the vessel or facility;
                    ``(B) provide full cooperation and assistance to 
                the United States in identifying and locating persons 
                who recently owned, operated, or otherwise controlled 
                activities at the vessel or facility;
                    ``(C) establish by a preponderance of the evidence 
                that all active disposal of hazardous substances at the 
                vessel or facility occurred before the organization 
                acquired the vessel or facility; and
                    ``(D) establish by a preponderance of the evidence 
                that the organization did not cause or contribute to a 
                release or threatened release of hazardous substances 
                at the vessel or facility.
            ``(3) Limitation.--Nothing in this subsection affects the 
        liability of a person other than a person described in section 
        101(20)(I) that meets the conditions specified in paragraph 
        (2).''.

SEC. 510. COMMON CARRIERS.

    Section 107(b)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(b)(3)) is 
amended by striking ``a published tariff and acceptance'' and inserting 
``a contract''.

SEC. 511. LIMITATION ON LIABILITY OF RAILROAD OWNERS.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as amended by 
section 508(b)) is amended by adding at the end the following:
    ``(w) Limitation on Liability of Railroad Owners.--Notwithstanding 
subsection (a)(1), a person that substantially complies with the 
requirement of subsection (y) with respect to a facility 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 railroad owner or operator, if--
            ``(1) the spur track provides access to a main line or 
        branch line track that is owned or operated by the railroad;
            ``(2) the spur track is 10 miles long or less; and
            ``(3) the railroad owner or operator does not cause or 
        contribute to a release or threatened release at the spur 
        track.''.

SEC. 512. LIABILITY OF RECYCLERS.

    (a) Definitions.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as 
amended by section 501(a)) is amended by adding at the end the 
following:
            ``(48) Consuming facility.--The term `consuming facility' 
        means a facility at which recyclable material is handled, 
        processed, reclaimed, or otherwise managed.
            ``(49) Recyclable material.--
                    ``(A) In general.--The term `recyclable material' 
                means--
                            ``(i) scrap glass, paper, plastic, rubber, 
                        or textile;
                            ``(ii) scrap metal; and
                            ``(iii) spent batteries.
                    ``(B) Inclusions.--The term `recyclable material' 
                includes small amounts of any type of material that is 
                incident to or adherent to material described in 
                subparagraph (A) as a result of the normal and 
                customary use of the material before the material 
                becomes scrap.
                    ``(C) Exclusions.--The term `recyclable material' 
                does not include--
                            ``(i) a shipping container that--
                                    ``(I) has (or, when intact, had) a 
                                capacity of not less than 30 and not 
                                more than 3,000 liters; and
                                    ``(II) has any hazardous substance 
                                contained in or adherent to it (not 
                                including any small pieces of metal 
                                that may remain after a hazardous 
                                substance has been removed from the 
                                container or any alloy or other 
                                material that may be chemically or 
                                metallurgically bonded in the container 
                                itself);
                            ``(ii) any material described in 
                        subparagraph (A) that the Administrator may by 
                        regulation exclude from the meaning of the 
                        term; or
                            ``(iii) a whole tire.
            ``(50) Scrap metal.--
                    ``(A) In general.--The term `scrap metal' means--
                            ``(i) a bit or piece of a metal part (such 
                        as a bar, turning, fine, rod, sheet, or wire);
                            ``(ii) material comprised of metal pieces 
                        that may be combined with bolts or soldering 
                        (such as a radiator, automobile, or railroad 
                        boxcar); or
                            ``(iii) a metal byproduct of copper and a 
                        copper-based alloy that--
                                    ``(I) is not 1 of the primary 
                                products of a secondary production 
                                process;
                                    ``(II) is not solely or separately 
                                produced by the production process;
                                    ``(III) is not stored in a pile or 
                                surface impoundment; and
                                    ``(IV) is sold to another recycler 
                                that is not speculatively accumulating 
                                such metal byproducts;
                        which, when worn or superfluous, can be 
                        recycled.
                    ``(B) Speculative accumulation.--For the purposes 
                of a sale under subparagraph (A)(iii)(IV), a recycler 
                to which a metal byproduct described in subparagraph 
                (A)(iii) is sold shall be considered to be accumulating 
                the metal byproduct speculatively if 75 percent of more 
                of the mass of the metal byproducts purchased by the 
                recycler during the 12-month period beginning on the 
                date of the sale is not reprocessed.''.
    (b) Liability of Recyclers.--
            (1) In general.--Section 107 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9607) (as amended by section 510) is amended by 
        adding at the end the following:
    ``(x) Liability of Recyclers.--
            ``(1) Relief from liability.--Except as provided in 
        paragraph (6), a person that arranges for the recycling of 
        recyclable material at a consuming facility shall not be liable 
        for response costs under subparagraph (C) or (D) of subsection 
        (a)(1).
            ``(2) Scrap glass, paper, plastic, rubber, or textile.--For 
        the purposes of paragraph (1), a person shall be considered to 
        arrange for the recycling of scrap glass, paper, plastic, 
        rubber, or textile if the person that arranged for the 
        transaction (by selling or otherwise arranging for the 
        recycling of the recyclable material) demonstrates by a 
        preponderance of the evidence that all of the following were 
        met at the time of the transaction--
                    ``(A) the recyclable material meets a commercial 
                specification grade;
                    ``(B) a market exists for the recyclable material;
                    ``(C) a substantial portion of the recyclable 
                material is made available for use as a feedstock for 
                the manufacture of a new saleable product;
                    ``(D)(i) the recyclable material is a replacement 
                or substitute for a virgin raw material;
                    ``(ii) the product to be made from the recyclable 
                material is a replacement or substitute for a product 
                made, in whole or in part, from a virgin raw material; 
                and
                    ``(E) in the case of a transaction that occurs 90 
                days or more after the date of enactment of this 
                section, the person exercises reasonable care to 
                determine that the consuming facility was in compliance 
                with the substantive (not procedural or administrative) 
                provisions of each Federal, State, and local 
                environmental law (including a regulation and any 
                compliance decree issued pursuant to an environmental 
                law) applicable to the handling, storage, or other 
                management activities associated with recyclable 
                material.
            ``(3) Scrap metal.--For the purposes of paragraph (1), a 
        person shall be considered to arrange for the recycling of 
        scrap metal if the person that arranges the transaction (by 
        selling or otherwise arranging for the recycling of the scrap 
        metal) demonstrates by a preponderance of the evidence that at 
        the time of the transaction--
                    ``(A) the conditions stated in subparagraphs (A) 
                through (E) of paragraph (2) are met; and
                    ``(B) in the case of a transaction that occurs 
                after the effective date of a standard, established by 
                the Administrator by regulation under the Solid Waste 
                Disposal Act (42 U.S.C. 6901 et seq.), regarding the 
                storage, transport, management, or other activity 
                associated with the recycling of scrap metal, the 
                person is in compliance with the standard.
            ``(4) Spent batteries.--For the purposes of paragraph (1), 
        a person shall be considered to arrange for the recycling of a 
        spent lead-acid battery, nickel-cadmium battery, or other 
        battery if the person that arranges the transaction (by selling 
        or arranging for the recycling of the battery) demonstrates by 
        a preponderance of the evidence that at the time of the 
        transaction--
                    ``(A) the conditions stated in subparagraphs (A) 
                through (E) of paragraph (2) are met;
                    ``(B) the person does not reclaim the valuable 
                components of the battery; and
                    ``(C) in the case of a transaction that occurs 
                after the effective date of a standard, established by 
                the Administrator by regulation under authority of the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or 
                the Mercury-Containing and Rechargeable Battery 
                Management Act), regarding the storage, transport, 
                management, or other activity associated with the 
                recycling of batteries, the person is in compliance 
                with the standard.
            ``(5) Exceptions from liability relief.--
                    ``(A) In general.--A person that arranges for the 
                recycling of recyclable material that, but for 
                paragraph (2), would be liable under subparagraph (C) 
                or (D) of subsection (a)(1) shall be liable 
                notwithstanding that paragraph if--
                            ``(i) the person had an objectively 
                        reasonable basis to believe at the time of the 
                        recycling transaction that--
                                    ``(I) the recyclable material will 
                                not be recycled;
                                    ``(II) the recyclable material will 
                                be burned as fuel, for energy recovery 
                                or incineration;
                                    ``(III) in the case of a 
                                transaction that occurs 90 days after 
                                the date of enactment of this section, 
                                the consuming facility is not in 
                                compliance with a substantive (not 
                                procedural or administrative) provision 
                                of any Federal, State, or local 
                                environmental law (including a 
                                regulation), or a compliance order or 
                                decree issued under such a law, 
                                applicable to the handling, processing, 
                                reclamation, or other management 
                                activity associated with the recyclable 
                                material; or
                                    ``(IV) a hazardous substance has 
                                been added to the recyclable material 
                                for purposes other than processing for 
                                recycling;
                            ``(ii) the person fails to exercise 
                        reasonable care with respect to the management 
                        or handling of the recyclable material 
                        (including adhering to customary industry 
                        practice current at the time of the recycling 
                        transaction); or
                            ``(iii) any item of the recyclable material 
                        contains--
                                    ``(I) polychlorinated biphenyls at 
                                a concentration in excess of 50 parts 
                                per million (or any different 
                                concentration specified in any 
                                applicable standard that may be issued 
                                under other Federal law after the date 
                                of enactment of this subsection); or
                                    ``(II) in the case of a transaction 
                                involving scrap paper, any 
                                concentration of a hazardous substance 
                                that the Administrator determines by 
                                regulation, issued after the date of 
                                enactment of this subsection and before 
                                the date of the transaction, to present 
                                a significant risk to human health or 
                                the environment as a result of its 
                                inclusion in the paper recycling 
                                process.
                    ``(B) Objectively reasonable basis for belief.--
                Whether a person has an objectively reasonable basis 
                for belief described in subparagraph (A)(i) shall be 
                determined using criteria that include--
                            ``(i) the size of the person's business;
                            ``(ii) customary industry practices current 
                        at the time of the recycling transaction 
                        (including practices designed to minimize, 
                        through source control, contamination of 
                        recyclable material by hazardous substances);
                            ``(iii) the price paid or received in the 
                        recycling transaction; and
                            ``(iv) the ability of the person to detect 
                        the nature of the consuming facility's 
                        operations concerning handling, processing, or 
                        reclamation of the recyclable material or other 
                        management activities associated with the 
                        recyclable material.
                    ``(C) Reasonable care.--
                            ``(i) In general.--For the purposes of 
                        subparagraph (A)(ii), whether a person 
                        exercised reasonable care shall be determined 
                        using criteria that include--
                                    ``(I) the price paid in the 
                                recycling transaction;
                                    ``(II) 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
                                    ``(III) the result of inquiries 
                                made to the appropriate Federal, State, 
                                or local 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 applicable to 
                                the handling, processing, reclamation, 
                                storage, or other management activities 
                                associated with recyclable material.
                    ``(D) Substantive provision.--For the purposes of 
                subparagraph (A), a requirement to obtain a permit 
                applicable to the handling, processing, reclamation, or 
                other management activity associated with recyclable 
                material constitutes a substantive provision.
            ``(6) Regulations.--The Administrator may issue a 
        regulation that clarifies the meaning of any term used in this 
        subsection or by any other means makes clear the application of 
        this subsection to any person.
            ``(7) Liability for attorney's fees for certain actions.--A 
        person that, after the date of enactment of this subsection, 
        commences a civil action in contribution against a person that 
        is not liable by operation of this subsection shall be liable 
        to that person for all reasonable costs of defending the 
        action, including all reasonable attorney's fees and expert 
        witness fees.
            ``(8) Relationship to liability under other laws.--Nothing 
        in this subsection shall affect--
                    ``(A) liability under any other Federal, State, or 
                local law (including a regulation); or
                    ``(B) the authority of the Administrator to issue 
                regulations under the Solid Waste Disposal Act (42 
                U.S.C. 6901 et seq.) or any other law.
                    ``(C) Effect on nonrecyclers.--
                            ``(i) Costs borne by the united states.--
                        The estimated contribution share attributable 
                        to a person engaged in a recycling transaction 
                        occurring before the date of enactment of this 
                        section at a mandatory allocation facility 
                        listed on the National Priorities List before 
                        the date of enactment of this section that, 
                        absent this subsection, would be borne by a 
                        person that is relieved of liability (in whole 
                        or in part) by this subsection shall be borne 
                        by the United States, to the extent that the 
                        person is relieved of liability.
                            ``(ii) Costs borne by remaining potentially 
                        responsible parties.--At a facility not 
                        described in subparagraph (C)(i), the liability 
                        of any party relieved of liability (in whole or 
                        in part) by this subsection shall be borne by 
                        the parties remaining liable under this 
                        section.''.
            (2) Effective date and transition rules.--The amendments 
        made by this subsection shall not affect--
                    (A) a judicial or administrative action that has 
                become final before the date of enactment of this 
                section; or
                    (B) a judicial action commenced by the United 
                States before the date of enactment of this Act.

SEC. 513. REQUIREMENT THAT COOPERATION, ASSISTANCE, AND ACCESS BE 
              PROVIDED.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as amended by 
section 512(b)) is amended by adding at the end the following:
    ``(y) Requirement That Cooperation, Assistance, and Access Be 
Provided.--The requirement of this subsection, applicable to a person 
or other entity described in subsection (o), (p), (r), (s), (t), (u), 
(v), (w), or (x) or section 112(g) is that--
            ``(1) to the extent that the person or entity has 
        operational control over a vessel or facility--
                    ``(A) the person or entity provide full cooperation 
                to, assistance to, and access to the vessel or facility 
                by, persons that are responsible for response actions 
                at the vessel or facility (including the cooperation 
                and access necessary for the installation, integrity, 
                operation, and maintenance of any complete or partial 
                response action at the vessel or facility); and
                    ``(B) the person or entity take no action to impede 
                the effectiveness or integrity of any institutional 
                control employed under section 121 at the vessel or 
                facility; and
            ``(2) the person or entity comply with any request for 
        information or administrative subpoena issued by the President 
        under this Act.''.

                      TITLE VI--FEDERAL FACILITIES

SEC. 601. TRANSFER OF AUTHORITIES.

    Section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended by 
striking subsection (g) and inserting the following:
    ``(g) Transfer of Authorities.--
            ``(1) Definitions.--In this section:
                    ``(A) Interagency agreement.--The term `interagency 
                agreement' means an interagency agreement under this 
                section.
                    ``(B) Transfer agreement.--The term `transfer 
                agreement' means a transfer agreement under paragraph 
                (3).
                    ``(C) Transferee state.--The term `transferee 
                State' means a State to which authorities have been 
                transferred under a transfer agreement.
            ``(2) State application for transfer of federal 
        authorities.--Subject to paragraph (3), a State may apply to 
        the Administrator to exercise the authorities identified 
        pursuant to section 130(d)(2)(A) at any facility located in the 
        State that is--
                    ``(A) owned or operated by any department, agency, 
                or instrumentality of the United States (including the 
                executive, legislative, and judicial branches of 
                government); and
                    ``(B) listed on the National Priorities List.
            ``(3) Transfer of authorities.--
                    ``(A) Determinations.--The Administrator shall 
                enter into a transfer agreement to transfer to a State 
                the authorities described in paragraph (2) with respect 
                to a facility described in paragraph (2) under the same 
                conditions as authority may be delegated to a State 
                with respect to a non-Federal listed facility under 
                section 130(d).
                    ``(B) Contents of transfer agreement.--In the case 
                of a transfer agreement covering a facility with 
                respect to which there is no interagency agreement that 
                specifies a dispute resolution process, the transfer 
                agreement shall require that within 120 days after the 
                effective date of the transfer agreement, the State 
                shall agree with the head of the Federal department, 
                agency, or instrumentality that owns or operates the 
                facility on a process for resolution of any disputes 
                between the State and the Federal department, agency, 
                or instrumentality regarding the selection of a 
                remedial action for the facility.
                    ``(C) Conditions on state exercise of 
                authorities.--Subsections (e) and (f) of section 130 
                (other than section 130(f)(5)) shall apply to any 
                facility subject to a transfer agreement under 
                subparagraph (A).
                    ``(D) Cost recovery.--The Administrator retains the 
                authority to take action under section 107 to recover 
                response costs from a potentially responsible party for 
                any Federal listed facility for which responsibility is 
                transferred to a State.
            ``(4) Effect on interagency agreements.--Nothing in this 
        subsection shall require, authorize, or permit the modification 
        or revision of an interagency agreement covering a facility 
        with respect to which authorities have been transferred to a 
        State under a transfer agreement (except for the substitution 
        of the transferee State for the Administrator in the terms of 
        the interagency agreement, including terms stating obligations 
        intended to preserve the confidentiality of information) 
        without the written consent of the Governor of the State and 
        the head of the department, agency, or instrumentality.
            ``(5) Selected remedial action.--The remedial action 
        selected for a facility under section 121 by a transferee State 
        shall constitute the only remedial action required to be 
        conducted at the facility, and the transferee State shall be 
        precluded from enforcing any other remedial action requirement 
        under Federal or State law, except for any corrective action 
        under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
        that was initiated prior to the date of enactment of this 
        subsection.
            ``(6) Dispute resolution and enforcement.--
                    ``(A) Dispute resolution.--
                            ``(i) Facilities covered by both a transfer 
                        agreement and an interagency agreement.--In the 
                        case of a facility with respect to which there 
                        is both a transfer agreement and an interagency 
                        agreement, if the State does not concur in the 
                        remedial action proposed for selection by the 
                        Federal department, agency, or instrumentality, 
                        the Federal department, agency, or 
                        instrumentality and the State shall engage in 
                        the dispute resolution process provided for in 
                        the interagency agreement, except that the 
                        final level for resolution of the dispute shall 
                        be the head of the Federal department, agency, 
                        or instrumentality and the Governor of the 
                        State.
                            ``(ii) Facilities covered by a transfer 
                        agreement but not an interagency agreement.--In 
                        the case of a facility with respect to which 
                        there is a transfer agreement but no 
                        interagency agreement, if the State does not 
                        concur in the remedial action proposed for 
                        selection by the Federal department, agency, or 
                        instrumentality, the Federal department, 
                        agency, or instrumentality and the State shall 
                        engage in dispute resolution as provided in 
                        paragraph (3)(B) under which the final level 
                        for resolution of the dispute shall be the head 
                        of the Federal department, agency, or 
                        instrumentality and the Governor of the State.
                            ``(iii) Failure to resolve.--If no 
                        agreement is reached between the head of the 
                        Federal department, agency, or instrumentality 
                        and the Governor in a dispute resolution  
                        process  under  clause  (i)  or (ii), the 
                        Governor of the State shall make the final 
                        determination regarding selection of a remedial 
                        action. To compel implementation of the State's 
                        selected remedy, the State must bring a civil 
                        action in United States district court.
                    ``(B) Enforcement.--
                            ``(i) Authority; jurisdiction.--An 
                        interagency agreement with respect to which 
                        there is a transfer agreement or an order 
                        issued by a transferee State shall be 
                        enforceable by a transferee State or by the 
                        Federal department, agency, or instrumentality 
                        that is a party to the interagency agreement 
                        only in the United States district court for 
                        the district in which the facility is located.
                            ``(ii) Timing.--In the case of a facility 
                        with respect to a remedy is eligible for review 
                        by a remedy review board under section 134(e), 
                        an action for enforcement under this paragraph 
                        may not be brought until the remedy review 
                        board submits its recommendation to the 
                        Administrator.
                            ``(iii) Remedies.--The district court 
                        shall--
                                    ``(I) enforce compliance with any 
                                provision, standard, regulation, 
                                condition, requirement, order, or final 
                                determination that has become effective 
                                under the interagency agreement;
                                    ``(II) impose any appropriate civil 
                                penalty provided for any violation of 
                                an interagency agreement, not to exceed 
                                $25,000 per day;
                                    ``(III) compel implementation of 
                                the selected remedial action; and
                                    ``(IV) review a challenge by the 
                                Federal department, agency, or 
                                instrumentality to the remedial action 
                                selected by the State under this 
                                section, in accordance with section 
                                113(j).''.

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

    (a) In General.--Section 311 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660) is 
amended by adding at the end the following:
    ``(h) Federal Facilities.--
            ``(1) Designation.--The President may designate a facility 
        that is owned or operated by any department, agency, or 
        instrumentality of the United States, and that is listed or 
        proposed for listing on the National Priorities List, to 
        facilitate the research, development, and application of 
        innovative technologies for remedial action at the facility.
            ``(2) Use of facilities.--
                    ``(A) In general.--A facility designated under 
                paragraph (1) shall be made available to Federal 
                departments and agencies, State departments and 
                agencies, and public and private instrumentalities, to 
                carry out activities described in paragraph (1).
                    ``(B) Coordination.--The Administrator--
                            ``(i) shall coordinate the use of the 
                        facilities with the departments, agencies, and 
                        instrumentalities of the United States; and
                            ``(ii) may approve or deny the use of a 
                        particular innovative technology for remedial 
                        action at any such facility.
            ``(3) Considerations.--
                    ``(A) Evaluation of schedules and penalties.--In 
                considering whether to permit the application of a 
                particular innovative technology for remedial action at 
                a facility designated under paragraph (1), the 
                Administrator shall evaluate the schedules and 
                penalties applicable to the facility under any 
                agreement or order entered into under section 120.
                    ``(B) Amendment of agreement or order.--If, after 
                an evaluation under subparagraph (A), the Administrator 
                determines that there is a need to amend any agreement 
                or order entered into pursuant to section 120, the 
                Administrator shall comply with all provisions of the 
                agreement or order, respectively, relating to the 
                amendment of the agreement or order.''.
    (b) Report to Congress.--Section 311(e) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9660(e)) is amended--
            (1) by striking ``At the time'' and inserting the 
        following:
            ``(1) In general.--At the time''; and
            (2) by adding at the end the following:
            ``(2) Additional information.--A report under paragraph (1) 
        shall include information on the use of facilities described in 
        subsection (h)(1) for the research, development, and 
        application of innovative technologies for remedial activity, 
        as authorized under subsection (h).''.

SEC. 603. FULL COMPLIANCE BY FEDERAL ENTITIES AND FACILITIES.

    Section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended--
            (1) by striking the section heading and inserting the 
        following:

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

            (2) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) Definition of service charge.--In this 
                paragraph, the term `service charge' includes--
                            ``(i) a fee or charge assessed in 
                        connection with--
                                    ``(I) the processing or issuance of 
                                a permit, renewal of a permit, or 
                                amendment of a permit;
                                    ``(II) review of a plan, study, or 
                                other document; or
                                    ``(III) inspection or monitoring of 
                                a facility; and
                            ``(ii) any other charge that is assessed in 
                        connection with a State, interstate, or local 
                        response program.
                    ``(B) Application of federal, state, and local 
                law.--
                            ``(i) In general.--Each department, agency, 
                        and instrumentality of the executive, 
                        legislative, or judicial branch of the United 
                        States shall be subject to and shall comply 
                        with this Act and all other Federal, State, 
                        interstate, and local substantive and 
                        procedural requirements and other provisions of 
                        law relating to a response action or 
                        restoration action or the management of a 
                        hazardous waste, pollutant, or contaminant in 
                        the same manner, and to the same extent, as any 
                        nongovernmental entity is subject to those 
                        provisions of law.
                            ``(ii) Provisions included.--The 
                        requirements and other provisions of law 
                        referred to in clause (i) include--
                                    ``(I) a permit requirement;
                                    ``(II) a reporting requirement;
                                    ``(III) a provision authorizing 
                                injunctive relief (including such 
                                sanctions as a court may impose to 
                                enforce injunctive relief);
                                    ``(IV) sections 106 and 107 and 
                                similar provisions of Federal, State, 
                                interstate, and local law relating to 
                                enforcement and liability for cleanup, 
                                reimbursement of response costs, 
                                (including attorney's fees) 
                                contribution, and payment of damages;
                                    ``(V) a requirement to pay 
                                reasonable service charges;
                                    ``(VI) a requirement to comply with 
                                an administrative order; and
                                    ``(VII) a requirement to pay a 
                                civil or administrative penalty, 
                                regardless of whether the penalty is 
                                punitive or coercive in nature or is 
                                imposed for an isolated, intermittent, 
                                or continuing violation.
                    ``(C) Waiver of sovereign immunity.--
                            ``(i) In general.--The United States waives 
                        any immunity applicable to the United States 
                        with respect to any provision of law described 
                        in subparagraph (B).
                            ``(ii) Limitation.--The waiver of sovereign 
                        immunity under clause (i) does not apply to the 
                        extent that a State law would apply any 
                        standard or requirement to a Federal 
                        department, agency, or instrumentality in a 
                        manner that is more stringent than the manner 
                        in which the standard or requirement would 
                        apply to any other person.
                    ``(D) Civil and criminal liability.--
                            ``(i) Injunctive relief.--Neither the 
                        United States nor any agent, employee, or 
                        officer of the United States shall be immune or 
                        exempt from any process or sanction of any 
                        Federal or State court with respect to the 
                        enforcement of injunctive relief referred to in 
                        subparagraph (B)(ii)(III).
                            ``(ii) No personal liability for civil 
                        penalty.--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 a response action or to 
                        management of a hazardous substance, pollutant, 
                        or contaminant with respect to any act or 
                        omission within the scope of the official 
                        duties of the agent, employee, or officer.
                            ``(iii) Criminal liability.--An agent, 
                        employee, or officer of the United States shall 
                        be subject to any criminal sanction (including 
                        a fine or imprisonment) under any Federal or 
                        State law relating to a response action or to 
                        management of a hazardous substance, pollutant, 
                        or contaminant, but no department, agency, or 
                        instrumentality of the executive, legislative, 
                        or judicial branch of the United States shall 
                        be subject to any such sanction.
                    ``(E) Enforcement.--
                            ``(i) Abatement actions.--The Administrator 
                        may issue an order under section 106 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 an action would be 
                        initiated against any other person.
                            ``(ii) Consultation.--No administrative 
                        order issued to a department, agency, or 
                        instrumentality of the United States shall 
                        become final until the department, agency, or 
                        instrumentality has had the opportunity to 
                        confer with the Administrator.
                            ``(iii) Use of penalties and fines.--Unless 
                        a State law in effect on the date of enactment 
                        of this clause, or a State constitution, 
                        requires the funds to be used in a different 
                        manner, all funds collected by a State from the 
                        Federal Government as a penalty for violation 
                        of a provision of law referred to in 
                        subparagraph (B) 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.
                    ``(F) Contribution.--A department, agency, or 
                instrumentality of the United States shall have the 
                right to contribution under section 113 if the 
                department, agency, or instrumentality resolves its 
                liability under this Act.'';
                    (B) in the second sentence of paragraph (3), by 
                inserting ``(other than the indemnification 
                requirements of section 119)'' after 
                ``responsibility''; and
                    (C) by striking paragraph (4); and
            (3) in subsection (e), by adding at the end the following:
            ``(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, 
        political subdivision of a State, or any other person or the 
        jurisdiction of any court to enforce compliance with 
        requirements of State or Federal law, unless those 
        requirements, without objection after notice to the State 
        before or on the date on which the response action is selected, 
        have been--
                    ``(A) specifically addressed in the agreement; or
                    ``(B) specifically waived.''.

                  TITLE VII--NATURAL RESOURCE DAMAGES

SEC. 701. RESTORATION OF NATURAL RESOURCES.

    (a) In General.--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 striking ``(1) Natural resources 
liability.--In the case of'' through the end of the paragraph and 
inserting the following:
            ``(1) Natural resources liability.--
                    ``(A) General.--In the case of an injury to, 
                destruction of, or loss of natural resources under 
                subsection (a)(4)(C), liability shall be to the United 
                States Government and to any State for natural 
                resources within the State or belonging to, managed by, 
                controlled by, or appertaining to such State and to any 
                Indian Tribe for natural resources belonging to, 
                managed by, controlled by, or appertaining to such 
                Tribe, or held in trust for the benefit of such Tribe 
                if such resources are subject to a trust restriction on 
                alienation.
                    ``(B) Action as trustee.--The President, or the 
                authorized representative of any State, shall act on 
                behalf of the public as trustee of such natural 
                resources to recover for such damages for the natural 
                resource injured, destroyed or lost by the release of a 
                hazardous substance.
                    ``(C) Measure of damages.--Any person liable for an 
                injury to, destruction of, or loss of a natural 
                resource caused by the release of a hazardous substance 
                shall be liable for--
                            ``(i) the costs of restoring the natural 
                        resource to the condition that would have 
                        existed but for the release of the hazardous 
                        substance, replacing or acquiring the 
                        equivalent of the natural resource if the 
                        resource will not be restored to that condition 
                        as a result of any response action;
                            ``(ii) replacement of the lost services 
                        provided by the injured, destroyed, or lost 
                        natural resource; and
                            ``(iii) the reasonable costs of assessing 
                        damages, including the costs associated with 
                        the development and consideration of 
                        alternative restoration measures but not 
                        including the costs of conducting any type of 
                        study relying on the use of contingent 
                        valuation methodology.
                    ``(D) Limitations on liability.--
                            ``(i) Commitment of natural resources in an 
                        environmental impact statement.--No liability 
                        to the United States or State or Indian Tribe 
                        shall be imposed under subsection (a)(4)(C) 
                        where the party sought to be charged has 
                        demonstrated that the injury to, destruction 
                        of, or loss of natural resources complained of 
                        was specifically identified as an irreversible 
                        and irretrievable commitment of natural 
                        resources in an environmental impact statement, 
                        or other comparable environmental analysis, and 
                        the decision to grant a permit or license 
                        authorizes such commitment of natural 
                        resources, and the facility or project was 
                        otherwise operating within the terms of its 
                        permit or license, so long as, in the case of 
                        damages to an Indian Tribe occurring pursuant 
                        to a Federal permit or license, the issuance of 
                        the permit or license was not inconsistent with 
                        the fiduciary duty of the United States with 
                        respect to such Indian Tribe.
                            ``(ii) No double recovery.--A person shall 
                        not be liable for damages, response costs, 
                        assessment costs, or any other costs for an 
                        injury to, destruction of, or loss of a natural 
                        resource, or a loss of the services provided by 
                        the natural resource, that have been recovered 
                        under this Act or any other Federal, State or 
                        Tribal law for the same injury to, destruction 
                        of or loss of the natural resource or loss of 
                        the services provided by the natural resource.
                            ``(iii) Releases before december 11, 
                        1980.--There shall be no recovery under this 
                        section where the natural resource injury, 
                        destruction, or loss for which restoration, 
                        replacement or acquisition is sought and the 
                        release of the hazardous substance that caused 
                        the injury, destruction, or loss occurred 
                        wholly before December 11, 1980.
                            ``(iv) Lost use damages before december 11, 
                        1980.--There shall be no recovery from any 
                        person under this section for the value of the 
                        lost services provided by a natural resource 
                        before December 11, 1980.
                    ``(E) Use of recovered sums.--
                            ``(i) United states government as 
                        trustee.--Sums recovered by the United States 
                        Government as trustee under this subsection 
                        shall be retained by the trustee, without 
                        further appropriation, for use only to restore, 
                        replace, or acquire the equivalent of such 
                        natural resources.
                            ``(ii) State as trustee.--Sums recovered by 
                        a State as trustee under this subsection shall 
                        be available for use only to restore, replace, 
                        or acquire the equivalent of such natural 
                        resources by the State.
                            ``(iii) Tribe as trustee.--Sums recovered 
                        by an Indian Tribe as trustee under this 
                        subsection shall be available for use only to 
                        restore, replace, or acquire the equivalent of 
                        such natural resources by the Indian Tribe.
                    ``(F) Payment period.--In entering into an 
                agreement regarding the payment of damages for an 
                injury to, destruction of or loss of a natural resource 
                under this section, a trustee may permit payment over a 
                period of time that is appropriate in view of the 
                amount of the damages, the financial ability of the 
                responsible party to pay the damages, and the time 
                period over which and the pace at which expenditures 
                are expected to be made for the restoration, 
                replacement or acquisition activities.''.
    (b) Restoration Measures.--Section 107(f) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(f)) is amended by adding at the end the following:
            ``(3) Consideration of alternative restoration measures.--
                    ``(A) Alternative measures.--A trustee seeking 
                damages under this section for an injury to, 
                destruction of or loss of a natural resource shall, on 
                the basis of the best scientific information available, 
                consider alternative measures to achieve the 
                restoration of the natural resource, including an 
                alternative that relies on natural restoration. The 
                trustee shall select measures that achieve an 
                appropriate balance among the following factors:
                            ``(i) Technical feasibility.
                            ``(ii) Cost effectiveness.
                            ``(iii) The period of time in which the 
                        natural resource is likely to be restored.
                    ``(B) Consideration of intrinsic values.--In 
                selecting measures to restore, replace or acquire the 
                equivalent of a natural resource injured, destroyed, or 
                lost by the release of a hazardous substance pursuant 
                to paragraph (1)(C)(i), the trustee may take into 
                consideration unique intrinsic values associated with 
                the natural resource to justify the selection of 
                measures that will provide for expedited or enhanced 
                restoration of the natural resource to replace the 
                intrinsic values lost, provided that the incremental 
                costs associated with the measures selected are 
                reasonable.''.
    (c) Regulations.--Section 301 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9651) is 
amended by striking subsection (c) and inserting the following:
    ``(c) Regulations for Injury and Restoration Assessments.--
            ``(1) General.--Not later than 2 years after the date of 
        enactment of the Superfund Cleanup Acceleration Act of 1998, 
        the President, acting through Federal officials designated by 
        the National Contingency Plan under section 107(f)(2), shall 
        issue an amended regulation for the assessment of injury to 
        natural resources and costs of restoration of natural resources 
        (including costs of assessment) for the purposes of this Act.
            ``(2) Contents.--The amended regulation shall--
                    ``(A) specify protocols for conducting assessments 
                based on scientifically valid principles in individual 
                cases to determine the injury, destruction, or loss of 
                natural resources;
                    ``(B) identify the best available procedures to 
                determine the costs of restoration and ensure that 
                assessment costs are reasonable;
                    ``(C) take into consideration the ability of a 
                natural resource to recover naturally and the 
                availability of replacement or alternative resources;
                    ``(D) provide for the designation of a lead 
                administrative trustee for each facility at which an 
                injury to natural resources has occurred within 180 
                days after the date of the first notice to the 
                responsible parties that an assessment of injury and 
                restoration alternatives will be made;
                    ``(E) require that injury assessment, restoration 
                planning and quantification of restoration costs be 
                based on facility-specific information to the extent 
                that such information is available; and
                    ``(F) set forth procedures under which--
                            ``(i) all pending and potential trustees 
                        identify, as soon as practicable after the date 
                        on which an assessment begins, the injured 
                        natural resources within their respective trust 
                        responsibilities, and the authority under which 
                        such responsibilities are established;
                            ``(ii) assessment of injury and restoration 
                        alternatives will be coordinated to the 
                        greatest extent practicable between the lead 
                        administrative trustee and any present or 
                        potential Federal, State or Tribal trustees; 
                        and
                            ``(iii) time periods for payment of damages 
                        in accordance with section 107(f)(1)(F) shall 
                        be determined.
            ``(3) Period in which action may be brought.--Promulgation 
        of the amended regulation under this subsection shall not 
        extend the period in which an action must have been brought 
        pursuant to section 113(g)(1)(B) as in effect before the date 
        of enactment of the Superfund Cleanup Acceleration Act of 
        1998.''.

SEC. 702. CONSISTENCY BETWEEN RESPONSE ACTIONS AND RESOURCE RESTORATION 
              STANDARDS.

    (a) Restoration Standards.--Section 107(f) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(f)) (as amended by section 701(b)) is amended by adding at 
the end the following:
            ``(4) Relationship to response action.--A natural resource 
        trustee selecting a restoration alternative under this 
        subsection shall take into account what 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 to restore, replace or acquire the equivalent of the 
        natural resource injured, destroyed or lost by the release of a 
        hazardous substance.''.
    (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)) (as amended 
by section 402(1)) is amended by adding at the end the following:
            ``(4) Coordination.--In evaluating and selecting remedial 
        actions, the President shall take into account the potential 
        for injury to a natural resource resulting from such 
        actions.''.

SEC. 703. CONTRIBUTION.

    Section 113(f)(1) of the Comprehensive Environmental Response, 
Liability, and Compensation Act of 1980 (42 U.S.C. 9613(f)(1)) is 
amended in the third sentence by inserting ``and natural resource 
damages'' after ``costs''.

SEC. 704. MEDIATION.

    Section 137 of the Comprehensive Environmental Response, Liability, 
and Compensation Act of 1980 (as added by section 504) is amended by 
adding at the end the following:
    ``(t) Use of Mediation.--
            ``(1) General.--A Federal natural resource trustee, State 
        natural resource trustee, or Indian Tribe seeking damages for 
        injury to, destruction of, or loss of a natural resource under 
        subsection (a) or (f) of section 107 shall initiate mediation 
        of the claim with any potentially responsible parties by means 
        of the mediation procedure or other alternative dispute 
        resolution method recognized by the United States district 
        court for the district in which the action is filed.
            ``(2) Time.--Mediation shall be initiated not later than 
        120 days after commencement of an action of damages.''.

SEC. 705. COEUR D'ALENE BASIN.

    (a) Definitions.--In this section:
            (1) Basin action.--The term `Basin Action' means an action 
        or proceeding for response costs, response or other cleanup or 
        other corrective action, obligation, penalty, or natural 
        resource damage within the Coeur d'Alene basin under section 
        106 or 107 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9606, 9607), 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
        attributable to any release or threatened release of a 
        hazardous substance resulting from a mining or mining-related 
        activity undertaken before the date of enactment of this Act.
            (2) Basin plan.--The term `Basin Plan' means the plan to 
        restore, manage, and enhance the natural recovery of the Coeur 
        d'Alene basin developed under subsection (b).
            (3) Coeur d'alene basin.--The term ``Coeur d'Alene basin'' 
        means--
                    (A) the watersheds in Northern Idaho that contain 
                the South Fork, North Fork, and main stem of the Coeur 
                d'Alene River, their tributaries, and the lateral 
                lakes;
                    (B) Lake Coeur d'Alene; and
                    (C) any area downstream of Lake Coeur d'Alene that 
                is or has been affected by mining-related activities.
            (4) Commission.--The term ``Commission'' means the Coeur 
        d'Alene Basin Commission, an advisory group established by 
        Idaho Code Section 39-3613 that includes--
                    (A) Federal, State, Tribal, and local 
                representatives;
                    (B) the Federal trustees;
                    (C) industry representatives; and
                    (D) citizens.
            (5) Federal trustee.--The term ``Federal trustee'' means--
                    (A) the Secretary of the Interior; and
                    (B) the Secretary of Agriculture.
            (6) Governor.--The term ``Governor'' means the Governor of 
        the State of Idaho.
    (b) Coeur d'Alene Basin Plan.--
            (1) Goals.--Not later than 2 years after the date of 
        enactment of this Act, the Commission shall develop and submit 
        to the Governor a plan to restore, manage, and enhance the 
        natural recovery of the Coeur d'Alene basin, consistent with 
        the objectives of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.), in a cost-effective manner.
            (2) Contents.--The Basin Plan shall--
                    (A) characterize and assess relevant data on 
                environmental problems of the Coeur d'Alene basin, 
                including assessment of trends in water quality, 
                natural resources, and use of Coeur d'Alene basin 
                resources;
                    (B) identify and prioritize programs, activities, 
                and projects to address historic mining waste and 
                discharges and other point and nonpoint sources that 
                contribute to elevated concentrations of metals in the 
                Coeur d'Alene basin;
                    (C) identify funding sources for the programs, 
                activities, and projects, including the use of Federal 
                and other sources of funds;
                    (D) provide for environmental improvement of the 
                Coeur d'Alene basin, in light of any final, approved 
                total maximum daily load for the South Fork of the 
                Coeur d'Alene drainage developed under section 303(d) 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1313(d));
                    (E) describe activities to reduce the quantity of 
                nutrient loading in the Coeur d'Alene basin; and
                    (F) include procedures for public comment on the 
                contents and implementation of the Basin Plan.
            (3) Submission of basin plan.--The Governor, after receipt 
        of the Basin Plan recommendation of the Commission, and after 
        public comment to the Commission on the contents and 
        implementation of the Basin Plan, shall finalize the Basin Plan 
        and seek to negotiate enforceable agreements under subsection 
        (c).
    (c) Enforceable Agreements.--
            (1) Stay of actions.--On the motion of a person against 
        whom a Basin Action is pending on the date of enactment of this 
        Act, or is brought after that date, a court with jurisdiction 
        may stay the proceeding with respect to that person to allow 
        the restoration to proceed under an enforceable agreement.
            (2) Enforceable agreements.--
                    (A) In general.--For purposes of this subsection, 
                an enforceable agreement is an agreement entered into 
                not later than 2 years after the date on which the 
                Basin Plan is submitted to the Governor under 
                subsection (b) between the Governor and a person to 
                further implementation of the Basin Plan that--
                            (i) requires the person to contribute a 
                        fair share of costs, which may include monies 
                        or in-kind contributions of goods, services, or 
                        interests in property over a period of time and 
                        in an amount or value as determined by the 
                        Governor after consideration of all relevant 
                        factors, including--
                                    (I) the contributions, efforts, and 
                                commitments of the person toward 
                                environmental improvement in the Coeur 
                                d'Alene basin;
                                    (II) the estimated cost to 
                                implement the action plan;
                                    (III) any waiver, release, 
                                settlement, or agreement relating to 
                                the Coeur d'Alene basin; and
                                    (IV) any control strategy required 
                                by a final, approved total maximum 
                                daily load for the South Fork of the 
                                Coeur d'Alene River; and
                            (ii) requires the person to provide 
                        financial assurances and pay stipulated 
                        penalties adequate to guarantee performance 
                        under the agreement.
                    (B) Approval by court.--Any enforceable agreement 
                shall be submitted to the United States District Court 
                for the District of Idaho for a determination by the 
                Court that the enforceable agreement is fair, 
                reasonable, and in the public interest. The Court shall 
                decide in its discretion whether or not to take 
                evidence or testimony on the matter.
                    (C) Liability of persons that enter into 
                enforceable agreements.--
                            (i) In general.--Subject to clause (ii), a 
                        person that enters into an enforceable 
                        agreement shall not be subject to any Basin 
                        Action.
                            (ii) Effect.--Clause (i) shall not affect--
                                    (I) the liability or obligations of 
                                any person for mining or mining-related 
                                activities in the Coeur d'Alene basin 
                                undertaken before the date of enactment 
                                of this Act and covered by a permit 
                                under any of the Acts referred to in 
                                subsection (a)(1); or
                                    (II) the terms of, or the 
                                obligations of any party under, a 
                                consent decree, settlement agreement, 
                                or similar agreement relating to the 
                                Coeur d'Alene basin.
            (3) Liability of the governor, commission, and state.--
        Unless otherwise specifically agreed to in an enforceable 
        agreement, the Governor, the State of Idaho, and the Commission 
        shall have no liability for--
                    (A) any activity conducted by any of them in 
                accordance with the Basin Plan; or
                    (B) any response cost, proposed response action, or 
                cleanup or corrective action undertaken or incurred in 
                connection with the Basin Plan
    (d) Authorization of Appropriations.--
            (1) Commission.--There is authorized to be appropriated 
        $5,000,000 for the State of Idaho for use by the Commission to 
        develop and implement a Basin Plan as specified in this 
        section.
            (2) Federal trustees.--There is authorized to be 
        appropriated to the Federal trustees such sums as are necessary 
        to pay for the Federal costs associated with implementation of 
        the Basin Plan.

SEC. 706. EFFECTIVE DATE.

    The amendments made by this title shall not apply to an action to 
recover natural resource damages under section 107(f) in which trial 
began before July 1, 1997, or in which a judgment has become final 
before that date.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. RESULT-ORIENTED CLEANUPS.

    (a) Amendment.--Section 105(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (10) the following:
            ``(11) procedures for conducting response actions, 
        including facility evaluations, remedial investigations, 
        feasibility studies, remedial action plans, remedial designs, 
        and remedial actions, which procedures shall--
                    ``(A) use a results-oriented approach to minimize 
                the time required to conduct response measures and 
                reduce the potential for exposure to the hazardous 
                substances, pollutants, and contaminants in an 
                efficient, timely, and cost-effective manner;
                    ``(B) require, at a minimum, expedited facility 
                evaluations and risk assessments, timely negotiation of 
                response action goals, a single engineering study, 
                streamlined oversight of response actions, and 
                consultation with interested parties throughout the 
                response action process;
                    ``(C) be subject to the requirements of sections 
                117, 120, 121, and 133 in the same manner and to the 
                same degree as those sections apply to response 
                actions; and
                    ``(D) be required to be used for each remedial 
                action conducted under this Act unless the 
                Administrator determines that their use would not be 
                cost-effective or result in the selection of a response 
                action that achieves the goals of protecting human 
                health and the environment stated in section 
                121(a)(1)(B).''.
    (b) Amendment of National Hazardous Substance Response Plan.--Not 
later than 180 days after the date of enactment of this Act, the 
Administrator, after notice and opportunity for public comment, shall 
amend the National Hazardous Substance Response Plan under section 
105(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9605(a)) to include the procedures 
required by the amendment made by subsection (a).

SEC. 802. OBLIGATIONS FROM THE FUND FOR RESPONSE 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) in subparagraph (C) 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 any removal action at a facility,'';
            (2) by striking ``$2,000,000'' and inserting 
        ``$5,000,000''; and
            (3) by striking ``12 months'' and inserting ``3 years''.

SEC. 803. RECYCLED OIL.

    (a) Definition.--Section 101(37) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(37)) 
is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``service station dealer'' and 
                inserting ``service station or automobile dealer''; and
                    (B) in clause (i)--
                            (i) by inserting ``dealership,'' after 
                        ``garage,''; and
                            (ii) by striking ``or servicing'' the 
                        second place it appears and inserting 
                        ``servicing, or selling''; and
            (2) in subparagraph (B), by striking ``service station 
        dealer'' and inserting ``service station or automobile 
        dealer''.
    (b) Recycled Oil.--Section 114(c) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9614(c)) is amended by striking ``service station dealer'' each 
place it appears and inserting ``service station or automobile 
dealer''.

SEC. 804. LAW ENFORCEMENT AGENCIES NOT INCLUDED AS OWNER OR OPERATOR.

    Section 101(20)(D) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)(D)) is 
amended by inserting ``through seizure or otherwise in connection with 
law enforcement activity or'' before ``involuntarily'' the first place 
it appears.

SEC. 805. LEAD IN SOIL.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as amended by 
section 504) is amended by adding at the end the following:

``SEC. 138. LEAD IN SOIL.

    ``(a) In General.--Not later than 30 days after the date of 
enactment of this section, the Administrator shall enter into a 
contract with the Health Effects Institute (referred to in this section 
as the `Institute') to establish and administer an independent 
scientific review panel (referred to in this section as the `review 
panel') composed of university-based scientists and statisticians and 
the principal investigators of the studies conducted under section 
111(a)(6) to review existing science (and any new science made 
available before completion of any review) on the relationship between 
lead in residential soil and blood lead levels.
    ``(b) Matters To Be Addressed.--The review under subsection (a) 
shall include--
            ``(1) an assessment of whether, and if so to what extent, 
        blood lead levels are affected by removing lead-containing soil 
        at varying levels;
            ``(2) an assessment of whether blood lead levels are 
        affected by variation in the type of lead compound, soil type, 
        and other site-specific factors; and
            ``(3) a review of the methodologies for modeling the impact 
        of soil lead levels on blood lead levels.
    ``(c) Procedure.--
            ``(1) Time for completion.--The review panel shall complete 
        the review under subsection (a) not later than 180 days after 
        contracting with the Administrator.
            ``(2) Peer review and public comment.--The review shall 
        include an opportunity for peer review and public comment and 
        participation.
            ``(3) Report.--The review panel shall report its findings 
        to Congress and the Administrator not later than 30 days after 
        completing the review.
    ``(d) Rulemaking.--
            ``(1) Proposed regulation.--Not later than 180 days after 
        the date on which the report under subsection (c)(3) is 
        submitted, the Administrator shall issue for public comment a 
        proposed regulation governing the performance of risk 
        assessments and selecting remedies at facilities where lead in 
        soil is a contaminant of concern.
            ``(2) Final regulation.--Not later than 180 days after the 
        proposed regulation is issued, the Administrator shall 
        promulgate a final regulation governing the performance of risk 
        assessments and selecting remedies at facilities where lead in 
        soil is a contaminant of concern.
            ``(3) Basis.--The proposed regulation and final regulation 
        shall be based on, and shall be consistent with, the findings 
        of the report under subsection (c)(3).
            ``(4) Contents.--
                    ``(A) In general.--The regulation shall address, at 
                a minimum--
                            ``(i) the role of biomonitoring data in 
                        assessing risk assessments and the use of site-
                        specific data in risk assessments; and
                            ``(ii) the reconciliation of data, which 
                        shall include a process for the President, in 
                        making estimates or projections of risks based 
                        on models, methodologies, rules, or guidance 
                        concerning the exposure, uptake, 
                        bioavailability, and biokinetics of lead in 
                        soil, to reconcile--
                                    ``(I) the estimates or projections; 
                                with
                                    ``(II) any empirical data 
                                concerning lead in blood from research, 
                                studies, or samples and any other 
                                relevant research.
                    ``(B) Definition of reconcile.--For the purposes of 
                this paragraph, the term `reconcile' means to--
                            ``(i) compare all relevant information on a 
                        technical basis; and
                            ``(ii) if there is any difference between 
                        empirical data and projections based on any 
                        model, methodology, rule, or guidance--
                                    ``(I) explain the difference in 
                                writing; and
                                    ``(II) make a judgment based on the 
                                weight of the scientific evidence.''.

SEC. 806. PESTICIDES APPLIED IN COMPLIANCE WITH LAW.

    Section 107(i) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(i)) is 
amended--
            (1) by striking ``(i) No person'' and inserting the 
        following:
    ``(i) Pesticides.--
            ``(1) In general.--No person''; and
            (2) by adding at the end the following:
            ``(2) Application in compliance with law.--For the purposes 
        of paragraph (1), the term `application of a pesticide product 
        registered under the Federal Insecticide, Fungicide, and 
        Rodenticide Act' includes a release of a hazardous substance 
        resulting from the application, before the date of enactment of 
        this subsection, of any pesticide, insecticide, or similar 
        product in compliance with a Federal or State law (including a 
        regulation) requiring the treatment of livestock to prevent, 
        suppress, control, or eradicate any dangerous, contagious, or 
        infectious disease or any vector organism for such a 
        disease.''.

SEC. 807. TECHNICAL CORRECTIONS.

    (a) In General.--Section 107(a) of the Comprehensive Environmental 
Response Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) is 
amended--
            (1) by striking ``liability'' and all that follows through 
        ``Notwithstanding'' and inserting the following:

``SEC. 107. LIABILITY.

    ``(a) In General.--
            ``(1) Persons liable.--Notwithstanding'';
            (2) by redesignating paragraphs (1), (2), (3), and (4) (as 
        designated before the date of enactment of this Act) as 
        subparagraphs (A), (B), (C), and (D), respectively, and 
        adjusting the margins appropriately;
            (3) by striking ``hazardous substance, shall be liable 
        for--'' and inserting the following: ``hazardous substance;
        shall be liable for the costs and damages described in 
        paragraph (2).
            ``(2) Costs and damages.--A person described in paragraph 
        (1) shall be liable for--'';
            (4) by striking ``The amounts'' and inserting the 
        following:
            ``(3) Interest.--``The amounts''; and
            (5) in the first sentence of paragraph (3) (as designated 
        by subparagraph (E)), by striking ``subparagraphs (A) through 
        (D)'' and inserting ``paragraph (2)''.
    (b) Conforming Amendments.--Section 107(d)(3) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(d)(3)) is amended by striking ``the provisions of paragraph 
(1), (2), (3), or (4) of subsection (a) of this section'' and inserting 
``subsection (a)''.

                           TITLE IX--FUNDING

SEC. 901. AUTHORIZATION OF APPROPRIATIONS FROM THE FUND.

    Section 111(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) is amended 
in the first sentence by striking ``not more than $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 ``a total of $7,500,000,000 for 
fiscal years 1999 through 2003''.

SEC. 902. ORPHAN SHARE FUNDING.

    Section 111(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) (as amended 
by section 201(c)), is amended by inserting after paragraph (7) the 
following:
            ``(8) Orphan share funding.--Payment of orphan shares under 
        section 137, which shall be mandatory direct spending to the 
        extent of--
                    ``(A) for fiscal year 1999, $200,000,000;
                    ``(B) for fiscal year 2000, $350,000,000;
                    ``(C) for fiscal year 2001, $300,000,000;
                    ``(D) for fiscal year 2002, $300,000,000;
                    ``(E) for fiscal year 2003, $300,000,000; and
                    ``(F) for fiscal year 2004 and each fiscal year 
                thereafter, $250,000,000.''.

SEC. 903. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended by 
striking subsection (m) and inserting the following:
    ``(m) Health Authorities.--
            ``(1) In general.--There are authorized to be appropriated 
        from the Fund to the Secretary of Health and Human Services to 
        be used for the purposes of carrying out the activities 
        described in subsection (c)(4) and the activities described in 
        section 104(i), $50,000,000 for each of fiscal years 1999 
        through 2003.
            ``(2) Return of unobligated funds.--Funds appropriated 
        under this subsection for a fiscal year, but not obligated by 
        the end of the fiscal year, shall be returned to the Fund.''.

SEC. 904. LIMITATIONS ON RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
              PROGRAMS.

    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended by 
striking subsection (n) and inserting the following:
    ``(n) Limitations on Research, Development, and Demonstration 
Programs.--
            ``(1) Alternative or innovative technologies research, 
        development, and demonstration programs.--
                    ``(A) Limitation.--For each of fiscal years 1999 
                through 2003, not more than $30,000,000 of the amounts 
                available in the Fund may be used for the purposes of 
                carrying out the applied research, development, and 
                demonstration program for alternative or innovative 
                technologies and training program authorized under 
                section 311(b) other than basic research.
                    ``(B) Continuing availability.--Amounts under 
                subparagraph (A) shall remain available until expended.
            ``(2) Hazardous substance research, demonstration, and 
        training.--
                    ``(A) Limitation.--From the amounts available in 
                the Fund, not more than the following amounts may be 
                used for the purposes of section 311(a):
                            ``(i) For fiscal year 1999, $37,000,000.
                            ``(ii) For fiscal year 2000, $39,000,000.
                            ``(iii) For fiscal year 2001, $41,000,000.
                            ``(iv) For each of fiscal years 2002 and 
                        2003, $43,000,000.
                    ``(B) Further limitation.--No more than 15 percent 
                of such amounts shall be used for training under 
                section 311(a) for any fiscal year.
            ``(3) University hazardous substance research centers.--For 
        each of fiscal years 1999 through 2003, not more than 
        $5,000,000 of the amounts available in the Fund may be used for 
        the purposes of section 311(d).''.

SEC. 905. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

    Section 111(p) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(p)) is amended 
by striking paragraph (1) and inserting the following:
            ``(1) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated, out of any money in the Treasury not 
                otherwise appropriated, to the Hazardous Substance 
                Superfund--
                            ``(i) for fiscal year 1999, $250,000,000;
                            ``(ii) for fiscal year 2000, $250,000,000;
                            ``(iii) for fiscal year 2001, $250,000,000;
                            ``(iv) for fiscal year 2002, $250,000,000; 
                        and
                            ``(v) for fiscal year 2003, $250,000,000.
                    ``(B) Additional amounts.--There is authorized to 
                be appropriated to the Hazardous Substance Superfund 
                for each such fiscal year an amount, in addition to the 
                amount authorized by subparagraph (A), equal to so much 
                of the aggregate amount authorized to be appropriated 
                under this subsection and section 9507(b) of the 
                Internal Revenue Code of 1986 as has not been 
                appropriated before the beginning of the fiscal 
                year.''.

SEC. 906. ADDITIONAL LIMITATIONS.

    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) (as amended by 
section 102(c)) is amended by adding at the end the following:
    ``(s) Community Action Groups.--For the period commencing January 
1, 1998, and ending September 30, 2003, not more than $15,000,000 of 
the amounts available in the Fund may be used to make grants under 
section 117(i).
    ``(t) Recoveries.--Effective beginning January 1, 1997, any 
response cost recoveries collected by the United States under this Act 
shall be credited as offsetting collections to the Superfund 
appropriations account.''.

SEC. 907. REIMBURSEMENT OF POTENTIALLY RESPONSIBLE PARTIES.

    Section 111(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) (as amended 
by section 902) is amended by inserting after paragraph (8) the 
following:
            ``(9) Reimbursement of potentially responsible parties.--
        If--
                    ``(A) a potentially responsible party and the 
                Administrator enter into a settlement under this Act 
                under which the Administrator is reimbursed for the 
                response costs of the Administrator; and
                    ``(B) the Administrator determines, through a 
                Federal audit of response costs, that the costs for 
                which the Administrator is reimbursed--
                            ``(i) are unallowable due to contractor 
                        fraud;
                            ``(ii) are unallowable under the Federal 
                        Acquisition Regulation; or
                            ``(iii) should be adjusted due to routine 
                        contract and Environmental Protection Agency 
                        response cost audit procedures,
        a potentially responsible party may be reimbursed for those 
        costs.''.