[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1105 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1105

  To assist local governments and States in assessing and remediating 
  brownfield sites, increase fairness and reduce litigation, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 1999

Mr. Baucus (for himself, Mr. Lautenberg, Mrs. Lincoln, and Mr. Daschle) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To assist local governments and States in assessing and remediating 
  brownfield sites, increase fairness and reduce litigation, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Superfund 
Litigation Reduction and Brownfield Cleanup Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--BROWNFIELDS LIABILITY RELIEF

Sec. 101. Finality for buyers.
Sec. 102. Finality for owners and sellers.
Sec. 103. Regulatory authority.
               TITLE II--SMALL BUSINESS LIABILITY RELIEF

Sec. 201. Liability exemptions.
Sec. 202. Expedited settlement for de minimis contributions and limited 
                            ability to pay.
Sec. 203. Small business ombudsman.
TITLE III--SETTLEMENTS FOR MUNICIPALITIES AND CONTRIBUTORS OF MUNICIPAL 
                                 WASTE

Sec. 301. Municipal owners and operators.
Sec. 302. Expedited settlements with contributors of municipal waste.
    TITLE IV--CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS

Sec. 401. Recycling transactions.
                      TITLE V--BROWNFIELDS CLEANUP

Sec. 501. Brownfields funding.
Sec. 502. Research, development, demonstration, and training.
Sec. 503. State voluntary cleanup programs.
Sec. 504. Audits.
                    TITLE VI--SETTLEMENT INCENTIVES

Sec. 601. Fairness in settlements.
                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.
Sec. 702. Funding for cleanup settlements.
Sec. 703. Agency for Toxic Substances and Disease Registry.
Sec. 704. Brownfields.
Sec. 705. Authorization of appropriations from general revenues.
Sec. 706. Worker training and education grants.
                        TITLE VIII--DEFINITIONS

Sec. 801. Definitions.

                 TITLE I--BROWNFIELDS LIABILITY RELIEF

SEC. 101. FINALITY FOR BUYERS.

    (a) Limitations on Liability.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is amended by adding at the end the following:
    ``(o) Limitation on Liability for Prospective Purchasers.--
Notwithstanding paragraphs (1) through (4) of subsection (a), to the 
extent the liability of a person, with respect to a release or the 
threat of a release from a facility, is based solely on subsection 
(a)(1), the person shall not be liable under this Act if the person--
            ``(1) is a bona fide prospective purchaser of the facility; 
        and
            ``(2) does not impede the performance of any response 
        action or natural resource restoration at a facility.''.
    (b) Prospective Purchaser and Windfall Lien.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (as amended by subsection (a)) is amended by adding at the end 
the following:
    ``(p) Prospective Purchaser and Windfall Lien.--
            ``(1) In general.--In any case in which the United States 
        has incurred unrecovered response costs at a facility for which 
        an owner of the facility is not liable by reason of subsection 
        (o), and the conditions described in paragraph (3) are met, the 
        United States shall--
                    ``(A) have a lien on the facility; or
                    ``(B) may obtain, from the appropriate responsible 
                party or parties, a lien on other property or other 
                assurances of payment satisfactory to the 
                Administrator, for the unrecovered costs.
            ``(2) Amount; duration.--The lien shall--
                    ``(A) be for an amount not to exceed the lesser of 
                the amount of--
                            ``(i) the response costs of the United 
                        States; or
                            ``(ii) 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) arise at the time costs are first incurred by 
                the United States with respect to a response action at 
                the facility;
                    ``(C) be subject to the requirements for notice and 
                validity specified in subsection (l)(3); and
                    ``(D) continue until the earlier of satisfaction of 
                the lien or recovery of all response costs incurred at 
                the facility, notwithstanding any statute of 
                limitations under section 113.
            ``(3) Conditions.--The conditions referred to in paragraph 
        (1) are the following:
                    ``(A) Response action.--A response action for which 
                the United States has incurred unrecovered costs of a 
                response not inconsistent with the National Contingency 
                Plan 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 
                before the response action was commenced.
            ``(4) Settlement.--Nothing in this subsection prevents the 
        United States and the purchaser from entering into a settlement 
        at any time that extinguishes a lien of the United States.''.
    (c) Definition of Bona Fide Prospective Purchaser.--Section 101 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the 
following:
            ``(39) Bona fide prospective purchaser.--The term `bona 
        fide prospective purchaser' means a person or a tenant of a 
person that acquires ownership of a facility after the date of 
enactment of this paragraph that can establish each of the following by 
a preponderance of the evidence:
                    ``(A) Disposal prior to acquisition.--All active 
                disposal of hazardous substances at the facility 
                occurred before the person acquired the facility.
                    ``(B) Inquiry.--
                            ``(i) In general.--The person made all 
                        appropriate inquiry into the previous ownership 
                        and uses of the facility in accordance with 
                        generally accepted good commercial and 
                        customary standards and practices.
                            ``(ii) Standards.--The standards and 
                        practices referred to in clause (ii) of 
                        paragraph (35)(B) or those issued or designated 
                        by the Administrator under that clause shall 
                        satisfy the requirements of this subparagraph.
                            ``(iii) Residential property.--In the case 
                        of property in residential or other similar use 
                        at the time of purchase by a nongovernmental or 
                        noncommercial entity, a site inspection and 
                        title search that reveal no basis for further 
                        investigation shall satisfy the requirements of 
                        this subparagraph.
                    ``(C) Notices.--The person provided all legally 
                required notices with respect to the discovery or 
                release of any hazardous substances at the facility.
                    ``(D) Care.--The person exercised appropriate care 
                with respect to hazardous substances found at the 
                facility by taking reasonable steps to--
                            ``(i) stop ongoing releases;
                            ``(ii) prevent threatened future releases 
                        of hazardous substances; and
                            ``(iii) prevent or limit human, 
                        environmental, or natural resource exposure to 
                        hazardous substances previously released into 
                        the environment.
                    ``(E) Cooperation, assistance, and access.--The 
                person--
                            ``(i) provides full cooperation, 
                        assistance, and access to the persons that are 
                        authorized to conduct the response and 
                        restoration actions at the facility, including 
                        the cooperation and access necessary for the 
                        assessment of contamination, installation, 
                        preservation of integrity, operation, and 
                        maintenance of any complete or partial response 
                        action at the facility; and
                            ``(ii) has fully complied and is in full 
                        compliance with any land use or activity 
                        restrictions on the property established or 
                        relied on in connection with a response action 
                        at the facility, including informing any other 
                        party that the person allows to occupy or use 
                        the property of the restrictions and taking 
                        prompt action to correct any noncompliance by 
                        the party.
                    ``(F) Relationship.--
                            ``(i) In general.--The person is not liable 
                        or affiliated with any other person that is 
                        potentially liable for response costs at the 
                        facility through any direct or indirect 
                        familial relationship, or any contractual, 
                        corporate, or financial relationship other than 
                        that created by the instruments by which title 
                        to the facility is conveyed or financed.
                            ``(ii) Reorganization.--An entity that 
                        results from the reorganization of a business 
                        entity that is potentially liable does not 
                        qualify as a bona fide prospective purchaser 
                        with respect to a purchase or transfer of 
                        property directly or indirectly from the 
                        potentially liable entity.''.

SEC. 102. FINALITY FOR OWNERS AND SELLERS.

    (a) Knowledge of Inquiry Requirement for Innocent Landowners.--
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), by striking ``, unless'' and 
        inserting ``. An owner or operator of a facility may only 
        assert under section 107(b)(3) that an act or omission of a 
        previous owner or operator of that facility did not occur in 
        connection with a contractual relationship if''; and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Knowledge of inquiry requirement.--
                            ``(i) Definition of contamination.--In this 
                        subparagraph, the term `contamination' means an 
                        existing release, a past release, or the threat 
                        of a release of a hazardous substance.
                            ``(ii) Requirement.--
                                    ``(I) Inquiry.--To establish that 
                                the defendant had no reason to know 
                                (under subparagraph (A)(i)), the 
                                defendant must have made, at the time 
                                of the acquisition, all appropriate 
                                inquiry (as well as comply with clause 
                                (vii)) into the previous ownership and 
                                uses of the facility, consistent with 
                                good commercial or customary practice 
                                in an effort to minimize liability.
                                    ``(II) Considerations.--For the 
                                purpose of subclause (I) and until the 
                                President issues or designates 
                                standards as provided in clause (iv), 
                                the court shall take into account--
                                            ``(aa) any specialized 
                                        knowledge or experience on the 
                                        part of the defendant;
                                            ``(bb) the relationship of 
                                        the purchase price to the value 
                                        of the property if 
                                        uncontaminated;
                                            ``(cc) commonly known or 
                                        reasonably ascertainable 
                                        information about the property;
                                            ``(dd) the obviousness of 
                                        the presence or likely presence 
                                        of contamination at the 
                                        property; and
                                            ``(ee) the ability to 
                                        detect the contamination by 
                                        appropriate investigation.
                            ``(iii) Conduct of site assessment.--A 
                        person who has acquired real property shall be 
                        considered to have made all appropriate inquiry 
                        within the meaning of clause (ii)(I) if--
                                    ``(I) the person establishes that, 
                                not later than 180 days before the date 
                                of acquisition, a site assessment of 
                                the real property was conducted that 
                                meets the requirements of clause (iv); 
                                and
                                    ``(II) the person complies with 
                                clause (vii).
                            ``(iv) Site assessment standards.--
                                    ``(I) In general.--A site 
                                assessment meets the requirements of 
                                this clause if the assessment is 
                                conducted in accordance with the 
                                standards set forth in 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 with any 
                                alternative standards issued by 
                                regulation by the President or issued 
                                or developed by other entities and 
                                designated by regulation by the 
                                President.
                                    ``(II) Study of practices.--Before 
                                issuing or designating alternative 
                                standards under subclause (I), the 
                                President shall conduct a study of 
                                commercial and industrial practices 
                                concerning site assessments in the 
                                transfer of real property in the United 
                                States.
                            ``(v) Considerations in issuing 
                        standards.--In issuing or designating any 
                        standards under clause (iv), the President 
                        shall consider requirements governing each of 
                        the following:
                                    ``(I) Conduct of an inquiry by an 
                                environmental professional.
                                    ``(II) Interviews of each owner, 
                                operator, and occupant of the property 
                                to determine information regarding the 
                                potential for contamination.
                                    ``(III) Review of historical 
                                sources as necessary to determine each 
                                previous use and occupancy of the 
                                property since the property was first 
                                developed. In this subclause, the term 
                                `historical sources' means any of the 
                                following, if reasonably ascertainable: 
                                each recorded chain of title document 
                                regarding the real property, including 
                                each deed, easement, lease, 
                                restriction, and covenant, any aerial 
                                photograph, fire insurance map, 
                                property tax file, United States 
                                Geological Survey 7.5 minutes 
                                topographic map, local street 
                                directory, building department record, 
                                and zoning/land use record, and any 
                                other source that identifies a past use 
                                or occupancy of the property.
                                    ``(IV) Determination of the 
                                existence of any recorded environmental 
                                cleanup lien against the real property 
                                that has arisen under any Federal, 
                                State, or local law.
                                    ``(V) Review of reasonably 
                                ascertainable Federal, State, and local 
                                government records of any facility that 
                                is likely to cause or contribute to 
                                contamination at the real property, 
                                including, as appropriate--
                                            ``(aa) any investigation 
                                        report for the facility;
                                            ``(bb) any record of 
                                        activities likely to cause or 
                                        contribute to contamination at 
                                        the real property, including 
                                        any landfill or other disposal 
                                        location record, underground 
                                        storage tank record, hazardous 
                                        waste handler and generator 
                                        record, and spill reporting 
                                        record; and
                                            ``(cc) any other reasonably 
                                        ascertainable Federal, State, 
                                        and local government 
                                        environmental record that could 
                                        reflect an incident or activity 
                                        that is likely to cause or 
                                        contribute to contamination at 
                                        the real property.
                                    ``(VI) A visual site inspection of 
                                the real property and each facility and 
                                improvement on the real property and a 
                                visual site inspection of each 
                                immediately adjacent property, 
                                including an investigation of any 
                                hazardous substance use, storage, 
                                treatment, or disposal practice on the 
                                property.
                                    ``(VII) Any specialized knowledge 
                                or experience on the part of the person 
                                that acquired the property.
                                    ``(VIII) The relationship of the 
                                purchase price to the value of the 
                                property if uncontaminated.
                                    ``(IX) Commonly known or reasonably 
                                ascertainable information about the 
                                property.
                                    ``(X) The obviousness of the 
                                presence or likely presence of 
                                contamination at the property, and the 
                                ability to detect the contamination by 
                                appropriate investigation.
                            ``(vi) Reasonably ascertainable.--A record 
                        shall be considered to be reasonably 
                        ascertainable for purposes of clause (v) if a 
                        copy or reasonable facsimile of the record is 
                        publicly available by request (within 
                        reasonable time and cost constraints) and the 
                        record is practicably reviewable.
                            ``(vii) Appropriate inquiry.--A person 
                        shall not be treated as having made all 
                        appropriate inquiry under clause (ii)(I) 
                        unless--
                                    ``(I) the person has maintained a 
                                compilation of the information reviewed 
                                and gathered in the course of any site 
                                assessment;
                                    ``(II) with respect to hazardous 
                                substances found at the facility, the 
                                person, at a minimum, takes reasonable 
                                steps to--
                                            ``(aa) stop ongoing 
                                        releases of hazardous 
                                        substances;
                                            ``(bb) prevent threatened 
                                        future releases of hazardous 
                                        substances; and
                                            ``(cc) prevent or limit 
                                        human, environmental, or 
                                        natural resource exposure to 
                                        hazardous substances previously 
                                        released into the environment;
                                    ``(III) the person provides full 
                                cooperation, assistance, and facility 
                                access to such persons as are 
                                authorized to conduct response actions 
                                at the facility, including the 
                                cooperation and access necessary for 
                                the installation, integrity, operation, 
                                and maintenance of any complete or 
                                partial response action at the 
                                facility; and
                                    ``(IV) the person has fully 
                                complied with and is in full compliance 
                                with any land use or activity 
                                restrictions on the property 
                                established or relied on in connection 
                                with a response action at the facility, 
                                including informing any other party 
                                that the person allows to occupy or use 
                                the property of such restrictions and 
                                taking prompt action to correct any 
                                noncompliance by such parties.
                            ``(viii) 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 
                        site inspection and title search that reveal no 
                        basis for further investigation shall satisfy 
                        the requirements of clause (ii).''.
    (b) Limitation on Liability for Contiguous Property Owners.--
Section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9607) (as amended by section 
101(b)) is amended by adding at the end the following:
    ``(q) Contiguous Properties.--
            ``(1) In general.--A person that owns or operates real 
        property that is contiguous to or otherwise similarly situated 
        with respect to other real property that is not owned or 
        operated by that person and that is or may be contaminated by a 
        release or threatened release of a hazardous substance from the 
        other real property shall not be considered to be an owner or 
        operator of a vessel or facility under paragraph (1) or (2) of 
        subsection (a) solely by reason of the contamination if such 
        person establishes by a preponderance of the evidence that--
                    ``(A) the person did not cause, contribute, or 
                consent to the release or threatened release;
                    ``(B) the person is not affiliated with any other 
                person that is liable or potentially liable for any 
                response costs at the facility;
                    ``(C) with respect to hazardous substances on or 
                under the person's property, the person, at a minimum, 
                takes reasonable steps to--
                            ``(i) stop ongoing releases;
                            ``(ii) prevent threatened future releases 
                        of hazardous substances; and
                            ``(iii) prevent or limit human, 
                        environmental, or natural resource exposure to 
                        hazardous substances previously released into 
                        the environment;
                    ``(D) the person provides full cooperation, 
                assistance, and access to the persons that are 
                authorized to conduct the response and restoration 
                actions at the facility, including the cooperation and 
                access necessary for the assessment of contamination, 
                or installation, preservation of integrity, operation, 
                and maintenance of any complete or partial response 
                action at the facility;
                    ``(E) the person has fully complied and is in full 
                compliance with any land use or activity restrictions 
                on the property established or relied on in connection 
                with a response action at the facility, including 
                informing any other party that the person allows to 
                occupy or use the property of the restrictions and 
                taking prompt action to correct any noncompliance by 
                the party;
                    ``(F) the person provided all legally required 
                notices with respect to the discovery of the release; 
                and
                    ``(G) at the time the person acquired the property, 
                the person--
                            ``(i) conducted all appropriate inquiry 
                        within the meaning of subparagraph (B) of 
                        section 101(35); and
                            ``(ii) did not know or have reason to know 
                        that the property was or could be contaminated 
                        by a release or threatened release of hazardous 
                        substances from other real property not owned 
or operated by that person.
            ``(2) Assurances.--The President may issue an assurance 
        that no enforcement action under this Act shall be initiated 
        against a person described in paragraph (1).
            ``(3) Groundwater.--With respect to hazardous substances in 
        groundwater beneath the person's property solely as a result of 
        subsurface migration in an aquifer from a source or sources 
        outside the property, paragraph (1)(C) shall not require that 
        the person conduct groundwater investigations or install 
        groundwater remediation systems, except in accordance with the 
        policy of the Environmental Protection Agency on owners of 
        property containing contaminated aquifers, dated May 24, 1995.
            ``(4) Bona fide prospective purchaser.--Any person that 
        does not qualify as a person described in paragraph (1) because 
        the person had the knowledge specified paragraph (1)(G) at the 
        time of acquisition of the real property may qualify as a bona 
        fide prospective purchaser under section 101(39) if the person 
        is otherwise described in that section.
            ``(5) No limitation on defenses.--Nothing in this 
        subsection--
                    ``(A) limits defenses to liability that otherwise 
                may be available to persons described in this 
                subsection; or
                    ``(B) imposes liability not otherwise imposed by 
                section 107(a) on such persons.''.

SEC. 103. REGULATORY AUTHORITY.

    (a) In General.--The Administrator may--
            (1) issue such regulations as the Administrator considers 
        necessary to carry out the amendments made by this title; and
            (2) assign any duties or powers imposed on or assigned to 
        the Administrator by the amendments made by this title.
    (b) Authority to Clarify and Implement.--The authority under 
subsection (a) includes authority to clarify or interpret all terms, 
including the terms used in this title, and to implement any provision 
of the amendments made by this title.

               TITLE II--SMALL BUSINESS LIABILITY RELIEF

SEC. 201. LIABILITY EXEMPTIONS.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as amended by 
section 102(b)) is amended by adding at the end the following:
    ``(r) De Micromis Exemption.--
            ``(1) In general.--Notwithstanding paragraphs (1) through 
        (4) of subsection (a), and except as provided in paragraph (2), 
        a person shall not be liable under this Act to the United 
        States or any other person (including liability for 
        contribution) for any response costs incurred with respect to a 
        facility if--
                    ``(A) liability is based solely on paragraph (3) or 
                (4) of subsection (a);
                    ``(B) the total of materials containing a hazardous 
                substance that the person arranged for disposal or 
                treatment of, arranged with a transporter for transport 
                for disposal or treatment of, or accepted for transport 
                for disposal or treatment, at the facility, was less 
                than 110 gallons of liquid materials or less than 200 
                pounds of solid material, or such greater quantity as 
                the Administrator may determine by regulation; and
                    ``(C) the acts on which liability is based took 
                place before May 1, 1999.
            ``(2) Exception.--Paragraph (1) shall not apply in a case 
        in which the Administrator determines that--
                    ``(A) the material containing a hazardous substance 
                referred to in paragraph (1) contributed or could 
                contribute significantly, individually or in the 
                aggregate, to the cost of the response action with 
                respect to the facility; or
                    ``(B) the person has failed to comply with any 
                request for information or administrative subpoena 
                issued by the President under this Act or has impeded 
                or is impeding the performance of a response action 
                with respect to the facility.
    ``(s) Municipal Solid Waste Exemption.--
            ``(1) In general.--Notwithstanding paragraphs (1) through 
        (4) of subsection (a), and except as provided in paragraph (2), 
        a person shall not be liable under this Act to the United 
        States or any other person (including liability for 
        contribution) for response costs incurred with respect to a 
        facility to the extent that--
                    ``(A) liability is based on paragraph (3) or (4) of 
                subsection (a);
                    ``(B) liability is based on an arrangement for 
                disposal or treatment of, an arrangement with a 
                transporter for transport for disposal or treatment of, 
                or an acceptance for transport for disposal or 
                treatment at a facility of, municipal solid waste; and
                    ``(C) the person is--
                            ``(i) an owner, operator, or lessee of 
                        residential property from which all of the 
                        person's municipal solid waste was generated 
                        with respect to the facility;
                            ``(ii) a business entity (including any 
                        parent, subsidiary, or other affiliate of the 
                        entity) that, during the taxable year preceding 
                        the date of transmittal of written notification 
                        that the business is potentially liable, 
                        employed not more than 100 individuals, and 
                        from which was generated all of the entity's 
                        municipal solid waste with respect to the 
                        facility; or
                            ``(iii) a small nonprofit organization 
                        that, during the taxable year preceding the 
                        date of transmittal of written notification 
                        that the organization is potentially liable, 
                        employed not more than 100 individuals, if the 
particular chapter, office, or department employing fewer than 100 
individuals was the location from which was generated all of the 
municipal solid waste attributable to the organization with respect to 
the facility.
            ``(2) Exception.--Paragraph (1) shall not apply in a case 
        in which the President determines that the person has failed to 
        comply with any request for information or administrative 
        subpoena issued by the President under this Act or has impeded 
        or is impeding the performance of a response action with 
        respect to the facility.''.

SEC. 202. EXPEDITED SETTLEMENT FOR DE MINIMIS CONTRIBUTIONS AND LIMITED 
              ABILITY TO PAY.

    (a) Parties Eligible.--Section 122(g) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9622(g)) is amended--
            (1) in paragraph (1), by redesignating subparagraph (B) as 
        subparagraph (E);
            (2) by striking ``(g)'' and all that follows through the 
        end of paragraph (1)(A) and inserting the following:
    ``(g) Expedited Final Settlement.--
            ``(1) Parties eligible.--
                    ``(A) In general.--The President shall, as 
                expeditiously as practicable, notify of eligibility for 
                a settlement, and offer to reach a final administrative 
                or judicial settlement with, each potentially 
                responsible party that, in the judgment of the 
                President, meets 1 or more of the conditions stated in 
                subparagraphs (B), (C), (F), and (G).
                    ``(B) De minimis contribution.--The condition 
                stated in this subparagraph is that the liability of 
                the potentially responsible party is for response costs 
                based on paragraph (3) or (4) of subsection (a) and the 
                potentially responsible party's contribution of 
                hazardous substances 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 quantity of material containing a 
                        hazardous substance contributed by the 
                        potentially responsible party to the facility 
                        is minimal relative to the total quantity of 
                        material containing hazardous substances at the 
                        facility. The quantity of a potentially 
                        responsible party's contribution shall be 
                        presumed to be minimal if the quantity is 1 
                        percent or less of the total quantity of 
                        materials containing hazardous substances at 
                        the facility, unless the Administrator 
                        identifies a different 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 hazardous 
                        substances at the facility.
                    ``(C) Reduction in settlement amount based on 
                limited ability to pay.--
                            ``(i) In general.--The conditions stated in 
                        this subparagraph are that the potentially 
                        responsible party--
                                    ``(I) is--
                                            ``(aa) a natural person; or
                                            ``(bb) a small business; 
                                        and
                                    ``(II) demonstrates to the 
                                President an inability or a limited 
                                ability to pay response costs.
                            ``(ii) Small businesses.--
                                    ``(I) Definition of small 
                                business.--In this subparagraph, the 
                                term `small business' means a business 
                                entity that, together with its parents, 
                                subsidiaries, and other affiliates, had 
                                an average of not more than 75 full-
                                time equivalent employees and an 
                                average of not more than $3,000,000 in 
                                annual gross revenues, as reported to 
                                the Internal Revenue Service, during 
                                the 3 years preceding the date on which 
                                the business entity first received 
                                notice from the President of its 
                                potential liability under this Act.
                                    ``(II) Other businesses.--A 
                                business shall be eligible for a 
                                settlement under this subparagraph if 
                                the business--
                                            ``(aa) has an average of 
                                        not more than 75 employees or 
                                        an average of not more than 
                                        $3,000,000 in annual gross 
                                        revenue; and
                                            ``(bb) meets all other 
                                        requirements for a settlement 
                                        under this subparagraph.
                                    ``(III) 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.
                                    ``(IV) 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.
                                    ``(V) Determination.--To be 
                                eligible to be covered by this 
                                subparagraph, the business shall 
                                demonstrate to the President the 
                                inability of the small business to pay 
                                response costs. If the small business 
                                employs fewer than 25 full-time 
                                equivalent employees and has average 
                                gross income revenues of less than 
                                $2,000,000, the President shall, on 
                                request, perform any analysis that the 
                                President determines may assist in 
                                demonstrating the impact of a 
                                settlement on the small business' 
                                ability to maintain its basic 
                                operations. The President may perform 
                                such analysis for any other party or 
                                request such other party to perform the 
                                analysis.
                                    ``(VI) Alternative payment 
                                methods.--If the President determines 
                                that a small business is unable to pay 
                                its total settlement quantity 
                                immediately, the President shall 
                                consider such alternative payment 
                                methods as may be necessary or 
                                appropriate.
                    ``(D) 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 some or all of the 
                        claims (including a claim for contribution 
                        under section 113) that the party may have 
                        against other potentially responsible parties 
                        for response costs incurred with respect to the 
                        facility, unless the President determines that 
                        requiring a waiver would be unjust.
                            ``(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 comply with any 
                        request for access or information or an 
                        administrative subpoena issued by the President 
                        under this Act or has impeded or is impeding 
                        the performance of a response action with 
                        respect to the facility.
                            ``(iii) Responsibility to provide 
                        information and access.--A potentially 
                        responsible party that enters into a settlement 
                        under this paragraph shall not be relieved of 
                        the responsibility to provide any information 
                        or access 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.''; and
            (3) in subparagraph (E) of paragraph (1) (as redesignated 
        by paragraph (1))--
                    (A) by redesignating clauses (i) through (iii) as 
                subclauses (I) through (III), respectively, and 
                adjusting the margins appropriately;
                    (B) by striking ``(E) The potentially responsible 
                party'' and inserting the following:
                    ``(E) Owners of real property.--
                            ``(i) In general.--The condition stated in 
                        this subparagraph is that the potentially 
                        responsible party''; and
                    (C) by striking ``This subparagraph (B)'' and 
                inserting the following:
                            ``(ii) Applicability.--Clause (i)''.
    (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) Notification.--As soon as practicable after 
                receipt of sufficient information to make a 
                determination, the Administrator shall notify any 
                person that the Administrator determines is eligible 
                under paragraph (1) of the person's eligibility for the 
                expedited final settlement.
                    ``(B) Offers.--As soon as practicable after receipt 
                of sufficient information, the Administrator shall 
                submit a written settlement offer 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).
                    ``(C) 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 that has received 
                notification from the Administrator under paragraph (6) 
                that the person is eligible for an expedited settlement 
                under paragraph (1) shall be named as a defendant in 
                any action under this Act for recovery of response 
                costs (including an action for contribution) during the 
                period--
                            ``(i) 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
                            ``(ii) 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 receipt of notice from the 
                                President that the person may qualify 
                                for an expedited settlement.
                    ``(B) Suspension 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, natural resource damages, or 
                contribution shall be suspended during the period 
                described in subparagraph (A).
            ``(8) Notice of settlement.--After a settlement under this 
        subsection becomes final 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. 203. SMALL BUSINESS OMBUDSMAN.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is amended by 
adding at the end the following:
    ``(f) Small Business Ombudsman.--
            ``(1) Establishment.--The Administrator shall establish a 
        small business Superfund assistance section within the small 
        business ombudsman office of the Environmental Protection 
        Agency.
            ``(2) Functions.--The small business Superfund assistance 
        section shall--
                    ``(A) act as a clearinghouse for the provision to 
                small businesses of information, in a form that is 
                comprehensible to a layperson, regarding this Act, 
                including information regarding--
                            ``(i) requirements and procedures for 
                        expedited settlements under section 122(g); and
                            ``(ii) ability-to-pay procedures under 
                        section 122(g);
                    ``(B) provide general advice and assistance to 
                small businesses regarding questions and problems 
                concerning the settlement processes (not including 
                legal advice as to liability or any other legal 
                representation); and
                    ``(C) develop proposals and make recommendations 
                for changes in policies and activities of the 
                Environmental Protection Agency that would better 
                fulfill the goals of this title and the amendments made 
                by this title in ensuring equitable, simplified, and 
                expedited settlements for small businesses.''.

TITLE III--SETTLEMENTS FOR MUNICIPALITIES AND CONTRIBUTORS OF MUNICIPAL 
                                 WASTE

SEC. 301. MUNICIPAL OWNERS AND OPERATORS.

    Section 107 of the Comprehensive Environment Response, Liability, 
and Compensation Act of 1980 (42 U.S.C. 9607) (as amended by section 
201) is amended by adding at the end the following:
    ``(t) Municipal Owners and Operators.--
            ``(1) In general.--A municipality that is liable for 
        response costs under paragraph (1) or (2) of subsection (a) on 
        the basis of ownership or operation of a municipal landfill 
        that was listed on the National Priority List on or before May 
        1, 1999, shall be eligible for a settlement of that liability.
            ``(2) Settlement amount.--
                    ``(A) Municipalities with a population of 100,000 
                or more.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), the President shall offer a 
                        settlement to a municipality with a population 
                        of 100,000 (as measured by the 1990 census) or 
                        more with respect to liability described in 
                        paragraph (1) on the basis of a payment or 
                        other obligation equivalent in value to not 
                        more than 20 percent of the total response 
                        costs incurred with respect to a facility.
                            ``(ii) Decreased amount.--The President may 
                        decrease the percentage under clause (i) with 
                        respect to a municipality to not less than 10 
                        percent if the President 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.
                            ``(iii) Increased amount.--The President 
                        may increase the percentage under clause (i) to 
                        not more than 35 percent if the President 
                        determines that--
                                    ``(I) the municipality committed 
                                specific acts that exacerbated 
                                environmental contamination or exposure 
                                with respect to the facility; or
                                    ``(II) the municipality, during the 
                                period of ownership or operation of the 
                                facility, received operating revenues 
                                substantially in excess of the sum of 
                                the waste system operating costs plus 
                                20 percent of total estimated response 
                                costs incurred with respect to the 
                                facility.
                    ``(B) Municipalities with a population of less than 
                100,000.--The President shall offer a settlement to a 
                municipality with a population of less than 100,000 (as 
measured by the 1990 census) with respect to liability described in 
paragraph (1) in an amount that does not exceed 10 percent of the total 
response costs incurred with respect to the facility.
            ``(3) 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.
            ``(4) Ownership or operation by 2 or more municipalities.--
        A combination of 2 or more municipalities that jointly own or 
        operate (or owned or operated) a facility at the same time or 
        during continuous operations under municipal control shall be 
        considered to be a single owner or operator for the purpose of 
        calculating a settlement offer under this subsection.
            ``(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 
        some or all of the claims (including a claim for contribution 
        under section 113) that the party may have against other 
        potentially responsible parties for response costs incurred 
        with respect to the facility, unless the President determines 
        that requiring a waiver would be unjust.
            ``(6) Exceptions.--The President may decline to offer a 
        settlement under this subsection with respect to a facility if 
        the President determines that the municipal owner or operator 
        has failed to comply with any request for information or 
        administrative subpoena issued by the United States under this 
        Act, has failed to provide facility access to persons 
        authorized to conduct response actions at the facility, or has 
        impeded or is impeding the performance of a response action 
        with respect to the facility.''.

SEC. 302. EXPEDITED SETTLEMENTS WITH CONTRIBUTORS OF MUNICIPAL WASTE.

    Section 122(g)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9622(g)(1)) (as 
amended by section 202(a)) is amended by adding at the end the 
following:
                    ``(F) Contribution of municipal solid waste and 
                municipal sewage sludge.--
                            ``(i) In general.--The condition stated in 
                        this subparagraph is that the liability of the 
                        potentially responsible party is for response 
                        costs based on paragraph (3) or (4) of section 
                        107(a) and the potentially responsible party 
                        arranged for disposal or treatment of, arranged 
                        with a transporter for transport for disposal 
                        or treatment of, or accepted for transport for 
                        disposal or treatment, at a facility listed on 
                        the National Priorities List--
                                    ``(I) municipal solid waste; or
                                    ``(II) municipal sewage sludge.
                            ``(ii) Settlement amount.--
                                    ``(I) In general.--The President 
                                shall offer a settlement to a party 
                                referred to in clause (i) with respect 
                                to liability under paragraph (3) or (4) 
                                of section 107(a) on the basis of a 
                                payment of $5.30 per ton of municipal 
                                solid waste or municipal sewage sludge 
                                that the President estimates is 
                                attributable to the party.
                                    ``(II) Revision.--
                                            ``(aa) In general.--The 
                                        President, after consulting 
                                        with local government 
                                        officials, may revise the per-
                                        ton rate by regulation.
                                            ``(bb) Basis.--A revised 
                                        settlement amount under item 
                                        (aa) shall reflect the 
                                        estimated per-ton cost of 
                                        closure and post-closure 
                                        activities at a representative 
                                        facility containing only 
                                        municipal solid waste or 
                                        municipal sewage sludge.
                            ``(iii) Adjustment for inflation.--The 
                        Administrator may by guidance periodically 
                        adjust the settlement amounts under clause (ii) 
                        to reflect changes in the Consumer Price Index 
                        (or other appropriate index, as determined by 
                        the Administrator).
                            ``(iv) Other material.--
                                    ``(I) In general.--Notwithstanding 
                                clause (i), a potentially responsible 
                                party that arranged for disposal or 
                                treatment of, arranged with a 
                                transporter for transport for disposal 
                                or treatment of, or accepted for 
                                transport for disposal or treatment, 
                                municipal solid waste or municipal 
                                sewage sludge and other material 
                                containing hazardous substances shall 
                                be eligible for the per-ton settlement 
                                rate provided in this subparagraph as 
                                to the municipal solid waste or 
                                municipal sewage sludge only, if the 
                                potentially responsible party 
                                demonstrates to the President's 
                                satisfaction the quantity of the 
                                municipal solid waste and municipal 
                                sewage sludge contributed by the party 
                                and the quantity and composition of the 
                                other material containing hazardous 
                                substances contributed by the party.
                                    ``(II) Parties eligible for de 
                                micromis exemption.--If a potentially 
                                responsible party demonstrates to the 
                                President's satisfaction that, with 
                                respect to the material other than 
                                municipal solid waste or municipal 
                                sewage sludge contributed by the party, 
                                the party qualifies for the de micromis 
                                exemption under section 107(r), the 
                                party shall qualify for the per-ton 
                                settlement rate under clause (ii) with 
                                respect to its municipal solid waste 
and municipal sewage sludge in an expedited settlement under this 
paragraph.
                                    ``(III) Parties eligible for 
                                expedited de minimis settlement.--If a 
                                potentially responsible party 
                                demonstrates to the satisfaction of the 
                                President that, with respect to the 
                                material other than a municipal solid 
                                waste or municipal sewage sludge 
                                contributed by the party, the party 
                                qualifies for a de minimis settlement 
                                under subparagraph (B), the party shall 
                                qualify for the per-ton settlement rate 
                                under clause (ii) with respect to its 
                                municipal solid waste and municipal 
                                sewage sludge at the time that the 
                                party agrees to an expedited settlement 
                                under this paragraph with respect to 
                                its de minimis contribution of other 
                                material containing hazardous 
                                substances.
                                    ``(IV) Other parties.--If a party 
                                does not make the demonstration under 
                                subclauses (II) and (III), the 
                                President shall offer to resolve the 
                                party's liability with respect to the 
                                municipal solid waste or municipal 
                                sewage sludge at the per-ton settlement 
                                rate under clause (ii) at such time as 
                                the party agrees to a settlement with 
                                respect to other material containing 
                                hazardous substances on terms and 
                                conditions acceptable to the President.
                    ``(G) Municipality with limited ability to pay.--
                            ``(i) In general.--The conditions stated in 
                        this subparagraph are that the potentially 
                        responsible party is a municipality and 
                        demonstrates to the President an inability or a 
                        limited ability to pay response costs.
                            ``(ii) Factors.--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--
                                    ``(I) the general obligation bond 
                                rating and information about the most 
                                recent bond issue for which the rating 
                                was prepared;
                                    ``(II) the amount of total 
                                available funds (other than dedicated 
                                funds or State assistance payments for 
                                remediation of inactive hazardous waste 
                                sites);
                                    ``(III) the amount of total 
                                operating revenues (other than 
                                obligated or encumbered revenues);
                                    ``(IV) the amount of total 
                                expenses;
                                    ``(V) the amount of total debt and 
                                debt service;
                                    ``(VI) per capita income and cost 
                                of living;
                                    ``(VII) real property values;
                                    ``(VIII) unemployment information; 
                                and
                                    ``(IX) population information.
                            ``(iii) 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 a 
                        certain period of time.
                            ``(iv) 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--
                                    ``(I) 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
                                    ``(II) necessitate a violation of 
                                legal requirements or limitations of 
                                general applicability concerning the 
                                assumption and maintenance of fiscal 
                                municipal obligations.
                            ``(v) 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.
                    ``(H) Applicability of expedited settlement 
                requirements.--
                            ``(i) In general.--The requirements set 
                        forth in subparagraph (D) shall apply to 
                        settlements described in subparagraphs (F) and 
                        (G).
                            ``(ii) Other requirements.--The 
                        requirements set forth in subparagraph (B)(ii) 
                        shall apply to settlements described in 
                        subparagraph (F)(i)(II).''.

    TITLE IV--CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS

SEC. 401. RECYCLING TRANSACTIONS.

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

``SEC. 127. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--A person who arranged for recycling 
of recyclable material in accordance with this section shall not be 
liable under paragraph (3) or (4) of section 107(a) with respect to the 
material.
    ``(b) Definition of Recyclable Material.--
            ``(1) In general.--In this section, the term `recyclable 
        material' means scrap paper, scrap plastic, scrap glass, scrap 
        textile, scrap rubber (other than whole tires), scrap metal, or 
        spent lead-acid, spent nickel-cadmium, and other spent battery, 
        as well as minor quantities of material incident to or adhering 
        to the scrap material as a result of its normal and customary 
        use prior to becoming scrap.
            ``(2) Exclusions.--The term `recyclable material' does not 
        include shipping containers of a capacity from 30 liters to 
        3,000 liters, whether intact or not, having any hazardous 
        substance (but not metal bits and pieces or hazardous 
        substances that form an integral part of the container) 
        contained in or adhering to the containers.
    ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles, 
or Rubber.--A transaction involving scrap paper, scrap plastic, scrap 
glass, scrap textile, or scrap rubber (other than whole tires) shall be 
considered to be arranging for recycling if the person who arranged for 
the transaction (by selling recyclable material or otherwise arranging 
for the recycling of recyclable material) demonstrates by a 
preponderance of the evidence that all of the following criteria were 
met at the time of the transaction:
            ``(1) The recyclable material met a commercial 
        specification grade.
            ``(2) A market existed for the recyclable material.
            ``(3) A substantial portion of the recyclable material was 
        made available for use as feedstock for the manufacture of a 
        new saleable product.
            ``(4) The recyclable material is a replacement or 
        substitute for a virgin raw material, or 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.
            ``(5) In the case of a transaction occurring 90 days or 
        more after the date of enactment of this section, the person 
        exercised reasonable care to determine that the facility where 
        the recyclable material was handled, processed, reclaimed, or 
        otherwise managed by another person (referred to in this 
        section as a `consuming facility') was in compliance with 
        substantive provisions of any Federal, State, or local 
        environmental law (including a regulation, compliance order, or 
        decree issued pursuant to the law) applicable to the handling, 
        processing, reclamation, storage, or other management 
        activities associated with recyclable material.
            ``(6) For purposes of this subsection, reasonable care 
        shall be determined using criteria that include the following:
                    ``(A) The price paid in the recycling transaction.
                    ``(B) The ability of the person to detect the 
                nature of the consuming facility's operations 
                concerning its handling, processing, reclamation, or 
                other management activities associated with recyclable 
                material.
                    ``(C) The result of inquiries made to appropriate 
                Federal, State, or local environmental agencies 
                regarding the consuming facility's past and current 
                compliance with substantive provisions of any Federal, 
                State, or local environmental law (including a 
                regulation, compliance order, or decree issued pursuant 
                to the law) applicable to the handling, processing, 
                reclamation, storage, or other management activities 
                associated with the recyclable material. For the 
                purposes of this paragraph, a requirement to obtain a 
                permit applicable to the handling, processing, 
                reclamation, or other management activity associated 
                with the recyclable materials shall be considered to be 
                a substantive provision.
    ``(d) Transactions Involving Scrap Metal.--
            ``(1) In general.--A transaction involving scrap metal 
        shall be considered to be arranging for recycling if the person 
        who arranged for the transaction (by selling recyclable 
        material or otherwise arranging for the recycling of recyclable 
        material) demonstrates by a preponderance of the evidence that 
        (at the time of the transaction) the person--
                    ``(A) met the criteria set forth in subsection (c) 
                with respect to the scrap metal;
                    ``(B) was in compliance with any applicable 
                regulations or standards regarding the storage, 
                transport, management, or other activities associated 
                with the recycling of scrap metal that the 
                Administrator promulgates under the Solid Waste 
                Disposal Act (42 U.S.C. 6901 et seq.) subsequent to the 
                date of enactment of this section and with regard to 
                transactions occurring after the effective date of the 
regulations or standards; and
                    ``(C) did not melt the scrap metal prior to the 
                transaction.
            ``(2) Thermal separation.--For purposes of paragraph 
        (1)(C), melting of scrap metal does not include the thermal 
        separation of 2 or more materials due to differences in their 
        melting points.
            ``(3) Definition of scrap metal.--In this subsection, the 
        term `scrap metal' means bits and pieces of a metal part (such 
        as a bar, a turning, a rod, a sheet, and a wire) or a metal 
        piece that may be combined together with bolts or soldering 
        (resulting in items such as a radiator, scrap automobile, or 
        railroad box car), which when worn or superfluous can be 
        recycled, other than scrap metals that the Administrator 
        excludes from this paragraph by regulation.
    ``(e) Transactions Involving Batteries.--A transaction involving a 
spent lead-acid battery, a spent nickel-cadmium battery, or other spent 
battery shall be considered to be arranging for recycling if the person 
who arranged for the transaction (by selling recyclable material or 
otherwise arranging for the recycling of recyclable material) 
demonstrates by a preponderance of the evidence that at the time of the 
transaction--
            ``(1) the person met the criteria set forth in subsection 
        (c) with respect to the spent lead-acid battery, spent nickel-
        cadmium battery, or other spent battery, but the person did not 
        recover the valuable components of such battery; and
            ``(2)(A) with respect to a transaction involving a lead-
        acid battery, the person was in compliance with applicable 
        Federal environmental law (including regulations and 
        standards), regarding the storage, transport, management, or 
        other activities associated with the recycling of the battery;
            ``(B) with respect to a transaction involving a nickel-
        cadmium battery, the person was in compliance with applicable 
        Federal environmental law (including regulations and standards) 
        regarding the storage, transport, management, or other 
        activities associated with the recycling of the battery; or
            ``(C) with respect to a transaction involving any other 
        spent battery, the person was in compliance with applicable 
        Federal environmental law (including regulations and standards) 
        regarding the storage, transport, management, or other 
        activities associated with the recycling of the battery.
    ``(f) Exclusions.--
            ``(1) In general.--The exemptions set forth in subsections 
        (c), (d), and (e) shall not apply if--
                    ``(A) the person had an objectively reasonable 
                basis to believe at the time of the recycling 
                transaction that--
                            ``(i) the recyclable material would not be 
                        recycled;
                            ``(ii) the recyclable material would be 
                        burned as fuel, or for energy recovery or 
                        incineration; or
                            ``(iii) for a transaction occurring before 
                        the date that is 90 days after the date of the 
                        enactment of this section, the consuming 
                        facility was not in compliance with a 
                        substantive provision of any Federal, State, or 
                        local environmental law (including a 
                        regulation, compliance order, or decree issued 
                        pursuant to the law), applicable to the 
                        handling, processing, reclamation, or other 
                        management activities associated with the 
                        recyclable material;
                    ``(B) the person had reason to believe that 
                hazardous substances had been added to the recyclable 
                material for purposes other than processing for 
                recycling;
                    ``(C) the person failed to exercise reasonable care 
                with respect to the management and handling of the 
                recyclable material (including adhering to customary 
                industry practices current at the time of the recycling 
                transaction designed to minimize, through source 
                control, contamination of the recyclable material by 
                hazardous substances); or
                    ``(D) with respect to any item of a recyclable 
                material, the item contained polychlorinated biphenyls 
                at a concentration in excess of 50 parts per million or 
                any new standard promulgated pursuant to applicable 
                Federal law.
            ``(2) Objectively reasonable basis.--For purposes of this 
        subsection, an objectively reasonable basis for belief shall be 
        determined using criteria that include--
                    ``(A) the size of the person's business;
                    ``(B) customary industry practices (including 
                customary industry practices current at the time of the 
                recycling transaction designed to minimize, through 
                source control, contamination of the recyclable 
                material by hazardous substances);
                    ``(C) the price paid in the recycling transaction; 
                and
                    ``(D) the ability of the person to detect the 
                nature of the consuming facility's operations 
                concerning its handling, processing, reclamation, or 
                other management activities associated with the 
                recyclable material.
            ``(3) Permit.--For purposes of this subsection, a 
        requirement to obtain a permit applicable to the handling, 
        processing, reclamation, or other management activities 
        associated with recyclable material shall be considered to be a 
        substantive provision.
    ``(g) Effect on Other Liability.--Nothing in this section affects 
the liability of a person with respect to materials that are not 
recyclable materials (as defined in subsection (b)) under paragraph 
(1), (2), (3), or (4).
    ``(h) Regulations.--The Administrator has the authority, under 
section 115, to promulgate additional regulations concerning this 
section.
    ``(i) Effect on Pending or Concluded Actions.--The exemptions 
provided under this section shall not affect any concluded judicial or 
administrative action or any pending judicial action initiated by the 
United States prior to the date of enactment of this section.
    ``(j) Liability for Attorney's Fees for Certain Actions.--Any 
person who commences an action in contribution against a person who is 
not liable by operation of this section shall be liable to that person 
for all reasonable costs of defending that action, including all 
reasonable attorneys and expert witness fees.
    ``(k) Relationship to Liability Under Other Laws.--Nothing in this 
section affects--
            ``(1) liability under any other Federal, State, or local 
        law (including a regulation), including any requirements 
        promulgated by the Administrator under the Solid Waste Disposal 
        Act (42 U.S.C. 6901 et seq.); or
            ``(2) the ability of the Administrator to promulgate 
        regulations under any other law, including the Solid Waste 
        Disposal Act.''.

                      TITLE V--BROWNFIELDS CLEANUP

SEC. 501. BROWNFIELDS FUNDING.

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

``SEC. 128. BROWNFIELDS FUNDING FOR STATE AND LOCAL GOVERNMENTS.

    ``(a) Brownfields Inventory and Assessment Grant Program.--
            ``(1) Establishment.--The Administrator shall establish a 
        program to award grants to States or local governments to 
        inventory brownfield sites and to conduct site assessments of 
        brownfield sites.
            ``(2) Scope of program.--
                    ``(A) Grant awards.--To carry out this subsection, 
                the Administrator may, on approval of an application, 
                provide financial assistance to a State or local 
                government.
                    ``(B) Grant application procedure.--
                            ``(i) In general.--The Administrator shall 
                        establish a grant application procedure for 
                        this section.
                            ``(ii) National contingency plan.--The 
                        Administrator may include in the procedure 
                        established under clause (i) requirements of 
                        the National Contingency Plan, to the extent 
                        that those requirements are relevant and 
                        appropriate to the program under this 
                        subsection.
                    ``(C) Grant application.--An application for a 
                grant under this subsection shall include, to the 
                extent practicable, each of the following:
                            ``(i) An identification of the brownfield 
                        sites for which assistance is sought and a 
                        description of the effect of the brownfield 
                        sites on the community, including a description 
                        of the nature and extent of any known or 
                        suspected environmental contamination within 
                        the areas in which eligible brownfield sites 
                        are situated.
                            ``(ii) A description of the need of the 
                        applicant for financial assistance to inventory 
                        brownfield sites and conduct site assessments.
                            ``(iii) A demonstration of the potential of 
                        the grant assistance to stimulate economic 
                        development, including the extent to which the 
                        assistance would stimulate the availability of 
                        other funds for site assessment, site 
                        identification, or environmental remediation 
                        and subsequent redevelopment of the areas in 
                        which eligible brownfield sites are situated.
                            ``(iv) A description of the local 
                        commitment as of the date of the application, 
                        which shall include a community involvement 
                        plan that demonstrates meaningful community 
                        involvement.
                            ``(v) A plan that demonstrates how the site 
                        assessment, site identification, or 
                        environmental remediation and subsequent 
                        development will be implemented, including--
                                    ``(I) an environmental plan that 
                                ensures the use of sound environmental 
                                procedures;
                                    ``(II) an explanation of the 
                                appropriate government authority and 
                                support for the project as in existence 
                                on the date of the application;
                                    ``(III) proposed funding mechanisms 
                                for any additional work; and
                                    ``(IV) a proposed land ownership 
                                plan.
                            ``(vi) A statement describing the long-term 
                        benefits and the sustainability of the proposed 
                        project that includes--
                                    ``(I) the ability of the project to 
                                be replicated nationally and measures 
                                of success of the project; and
                                    ``(II) to the extent known, the 
                                potential of the plan for each area in 
                                which an eligible brownfield site is 
                                situated to stimulate economic 
                                development of the area on completion 
                                of the environmental remediation.
                            ``(vii) Such other factors as the 
                        Administrator considers relevant to carry out 
                        this title.
                    ``(D) Approval of application.--
                            ``(i) In general.--In making a decision on 
                        whether to approve an application under 
                        subparagraph (A), the Administrator shall--
                                    ``(I) consider the need of the 
                                State or local government for financial 
                                assistance to carry out this 
                                subsection;
                                    ``(II) consider the ability of the 
                                applicant to carry out an inventory and 
                                site assessment under this subsection;
                                    ``(III) ensure a fair distribution 
                                of grant funds between urban and 
                                nonurban areas; and
                                    ``(IV) consider such other factors 
                                as the Administrator considers relevant 
                                to carry out this subsection.
                            ``(ii) Grant conditions.--As a condition of 
                        awarding a grant under this subsection, the 
                        Administrator may, on the basis of the criteria 
                        considered under clause (i), attach such 
                        conditions to the grant as the Administrator 
                        determines appropriate.
                    ``(E) Grant amount.--Subject to subparagraph (E), 
                the amount of a grant awarded to any State or local 
                government under this subsection for inventory and site 
                assessment of 1 or more brownfield sites shall not 
                exceed $200,000.
                    ``(F) Waiver.--The Administrator may waive the 
                limitation on the amount of a grant under subparagraph 
                (E) on the basis of the anticipated level of 
                contamination, size, status of ownership, number of 
                brownfield sites, or any other factor relating to the 
                facility that the Administrator considers appropriate, 
                taking into consideration the impact of the increase on 
                the Administrator's ability to provide grants at other 
                facilities.
                    ``(G) Termination of grants.--If the Administrator 
                determines that a State or local government that 
                receives a grant under this subsection is in violation 
                of a condition of a grant referred to in subparagraph 
                (D)(ii), the Administrator may terminate the grant made 
                to the State or local government and require full or 
                partial repayment of the grant.
    ``(b) Grants and Loans for Cleanup of Brownfield Sites.--
            ``(1) Establishment.--The Administrator shall establish a 
        program to award grants to--
                    ``(A) State or local governments to capitalize 
                revolving loan funds for the cleanup of brownfield 
                sites; and
                    ``(B) local governments that are not liable under 
                section 107, in accordance with paragraph (3), for the 
                purpose of cleaning up brownfield sites.
            ``(2) Loans.--The loans may be provided by the State or 
        local government to finance cleanups of brownfield sites by the 
        State or local government, or by an owner or operator or a 
        prospective purchaser of a brownfield site (including a local 
        government) at which a cleanup is being conducted or is 
        proposed to be conducted.
            ``(3) Determination.--In determining whether to award a 
        grant under paragraph (1)(B), the Administrator shall consider, 
        in addition to other requirements of this subsection--
                    ``(A) the demonstrated financial need of the 
                applicant for a grant, including whether the applicant 
                would be financially able to repay a loan;
                    ``(B) the extent to which the funds from the grant 
                would be used for the creation or preservation of 
                undeveloped space or for other nonprofit purposes; and
                    ``(C) the benefits of a revolving loan program 
                described in paragraph (1)(A) in promoting the long-
                term availability of funding for brownfields cleanups.
            ``(4) Scope of program.--
                    ``(A) In general.--
                            ``(i) Grants.--In carrying out this 
                        subsection, the Administrator may award a grant 
                        to a State or local government that submits an 
                        application to the Administrator that is 
                        approved by the Administrator.
                            ``(ii) Use of grant.--The grant shall be 
                        used--
                                    ``(I) by the State or local 
                                government to capitalize a revolving 
                                loan fund to be used for cleanup of 1 
                                or more brownfield sites; or
                                    ``(II) in the case of a grant under 
                                paragraph (1)(B), by the local 
                                government for cleanup of brownfield 
                                sites.
                    ``(B) Grant application procedure.--
                            ``(i) In general.--The Administrator shall 
                        establish a grant application procedure for 
                        this subsection.
                            ``(ii) Inclusions.--The procedure 
                        established under clause (i)--
                                    ``(I) shall include criteria for 
                                grants under paragraph (1)(B); and
                                    ``(II) may include requirements of 
                                the National Contingency Plan, to the 
                                extent that those requirements are 
                                relevant and appropriate to the program 
                                under this subsection.
                    ``(C) Grant application for revolving loan funds.--
                An application for a grant under this subsection to 
                establish a revolving loan fund, shall be in such form 
                as the Administrator determines appropriate, and shall 
                include, at a minimum, the following:
                            ``(i) Evidence that the grant applicant has 
                        the financial controls and resources to 
                        administer a revolving loan fund in accordance 
                        with this subsection.
                            ``(ii) Provisions that--
                                    ``(I) ensure that the grant 
                                applicant has the ability to monitor 
                                the use of funds provided to loan 
                                recipients under this subsection; and
                                    ``(II) ensure that any cleanup 
                                conducted by the applicant is 
                                protective of human health and the 
                                environment.
                            ``(iii) Identification of the criteria to 
                        be used by the State or local government in 
                        providing for loans under the program. The 
                        criteria shall include the financial standing 
                        of the applicants for the loans, the use to 
                        which the loans will be put, the provisions to 
be used to ensure repayment of the loan funds.
                            ``(iv) A complete description of the 
                        financial standing of the applicant that 
                        includes a description of the assets, cash 
                        flow, and liabilities of the applicant.
                            ``(v) A written statement that attests that 
                        the cleanup of the site would not occur without 
                        access to the revolving loan fund.
                            ``(vi) The proposed method, and anticipated 
                        period of time required, to clean up the 
                        environmental contamination at the brownfield 
                        site.
                            ``(vii) An estimate of the proposed total 
                        cost of the cleanup to be conducted at the 
                        brownfield site.
                            ``(viii) An analysis that demonstrates the 
                        potential of the brownfield site for 
                        stimulating economic development or other 
                        beneficial use on completion of the cleanup of 
                        the brownfield site.
            ``(5) Grant approval.--In determining whether to award a 
        grant under this subsection, the Administrator shall consider, 
        as applicable--
                    ``(A) the need of the State or local government for 
                financial assistance to clean up brownfield sites that 
                are the subject of the application, taking into 
                consideration the financial resources available to the 
                State or local government;
                    ``(B) the ability of the State or local government 
                to ensure that the applicants repay the loans in a 
                timely manner;
                    ``(C) the extent to which the cleanup of the 
                brownfield site or sites would reduce health and 
                environmental risks caused by the release of 
                contaminants at, or from, the brownfield site or sites;
                    ``(D) the demonstrable potential of the brownfield 
                site or sites for stimulating economic development on 
                completion of the cleanup;
                    ``(E) the demonstrated ability of the State or 
                local government to administer such a loan program;
                    ``(F) the demonstrated experience of the State or 
                local government regarding brownfield sites and the 
                reuse of contaminated land, including whether the 
                government has received any grant under this Act to 
                assess brownfield sites, except that applicants who 
                have not previously received such a grant may be 
                considered for awards under this subsection;
                    ``(G) the efficiency of having the loan 
                administered by the level of government represented by 
                the applicant entity;
                    ``(H) the experience of administering any loan 
                programs by the entity, including the loan repayment 
                rates;
                    ``(I) the demonstrations made regarding the ability 
                of the State or local government to ensure a fair 
                distribution of grant funds among brownfield sites 
                within the jurisdiction of the State or local 
                government; and
                    ``(J) such other factors as the Administrator 
                considers relevant to carry out this subsection.
            ``(6) Grant amount to capitalize revolving loan funds.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                amount of a grant to capitalize a revolving loan fund 
                made to a State or local applicant under this 
                subsection shall not exceed $500,000.
                    ``(B) Waiver.--The Administrator may waive the 
                limitation on the amount of a grant under subparagraph 
                (A) on the basis of the anticipated level of 
                contamination, size, status of ownership, number of 
                brownfield sites, or any other factor relating to the 
                facility that the Administrator considers appropriate, 
                taking into consideration the impact of the increase on 
                the Administrator's ability to provide grants at other 
                facilities.
            ``(7) Cleanup grant amount.--The amount of a grant made to 
        a local applicant under paragraph (1)(B) shall not exceed 
        $200,000.
            ``(8) Grant approval.--Each application for a grant to 
        capitalize a revolving loan fund under this subsection shall, 
        as a condition of approval by the Administrator, include a 
        written statement by the State or local government that 
        cleanups to be funded under this subsection shall be conducted 
        under the auspices of, and in compliance with--
                    ``(A) the State voluntary cleanup program;
                    ``(B) the State Superfund program; or
                    ``(C) Federal law.
            ``(9) Grant agreements.--Each grant under this subsection 
        shall be made under a grant agreement that shall include, at a 
        minimum, provisions that ensure the following:
                    ``(A) Compliance with law.--The grant recipient 
                shall include in all loan agreements a requirement that 
                the loan recipient shall comply with all laws 
                applicable to the cleanup and shall ensure that the 
                cleanup is protective of human health and the 
                environment.
                    ``(B) Repayment.--For grants made under paragraph 
                (1)(A), the State or local government shall require 
                repayment of the loan consistent with this subsection.
                    ``(C) Use of funds.--
                            ``(i) Revolving grants.--For grants made 
                        under paragraph (1)(A), the State or local 
                        government shall use the funds, including 
                        repayment of the principal and interest, solely 
                        for purposes of establishing and capitalizing a 
                        loan program in accordance with this subsection 
                        and of cleaning up the environmental 
                        contamination at the brownfield site or sites.
                            ``(ii) Cleanup grants.--For grants made 
                        under paragraph (1)(B), the local government 
                        shall use the funds solely for the purpose of 
cleaning up the environmental contamination at the brownfield site or 
sites.
                    ``(D) Repayment of funds.--For grants made under 
                paragraph (1)(A), the State or local government shall 
                require in each loan agreement, and take necessary 
                steps to ensure, that the loan recipient shall use the 
                loan funds solely for the purposes stated in 
                subparagraph (C), and shall require the return of any 
                excess funds immediately on a determination by the 
                appropriate State or local official that the cleanup 
                has been completed.
                    ``(E) Nontransferability.--For grants under 
                paragraph (1)(A) or (1)(B), the loan funds shall not be 
                transferable, unless the Administrator agrees to the 
                transfer in writing.
                    ``(F) Liens.--
                            ``(i) Definitions.--In this subparagraph, 
                        the terms `security interest' and `purchaser' 
                        have the meanings given the terms in section 
                        6323(h) of the Internal Revenue Code of 1986.
                            ``(ii) Liens.--A lien in favor of the grant 
                        recipient shall arise on the contaminated 
                        property subject to a loan under this 
                        subsection.
                            ``(iii) Coverage.--The lien shall cover all 
                        real property included in the legal description 
                        of the property at the time the loan agreement 
                        provided for in this subsection is signed, and 
                        all rights to the property, and shall continue 
                        until the terms and conditions of the loan 
                        agreement have been fully satisfied.
                            ``(iv) Timing.--The lien shall--
                                    ``(I) arise at the time a security 
                                interest is appropriately recorded in 
                                the real property records of the 
                                appropriate office of the State, 
                                county, or other governmental 
                                subdivision, as designated by State 
                                law, in which the real property subject 
                                to the lien is located; and
                                    ``(II) be subject to the rights of 
                                any purchaser, holder of a security 
                                interest, or judgment lien creditor 
                                whose interest is or has been perfected 
                                under applicable State law before the 
                                notice has been filed in the 
                                appropriate office of the State, 
                                county, or other governmental 
                                subdivision, as designated by State 
                                law, in which the real property subject 
                                to the lien is located.
                    ``(G) Other conditions.--The State or local 
                government shall comply with such other terms and 
                conditions as the Administrator determines are 
                necessary to protect the financial interests of the 
                United States and to protect human health and the 
                environment.
    ``(c) Reports.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and not later than January 31 of each of 
        the 3 calendar years thereafter, the Administrator shall 
        prepare and submit a report describing the results of each 
        program established under this title to--
                    ``(A) the Committee on Environment and Public Works 
                of the Senate; and
                    ``(B) the Committee on Commerce of the House of 
                Representatives.
            ``(2) Contents of report.--Each report shall, with respect 
        to each of the programs established under this title, include a 
        description of--
                    ``(A) the number of applications received by the 
                Administrator during the preceding calendar year;
                    ``(B) the number of applications approved by the 
                Administrator during the preceding calendar year; and
                    ``(C) the allocation of assistance under 
                subsections (a) and (b) among the States and local 
                governments.
    ``(d) Limitations on Use of Funds.--
            ``(1) Excluded facilities.--A grant for site inventory and 
        assessment under subsection (a) or to capitalize a revolving 
        loan fund or conduct a cleanup under subsection (b) may not be 
        used for any activity involving--
                    ``(A) a facility that is the subject of a planned 
                or an ongoing response action under this Act, except 
                for a facility for which a preliminary assessment, site 
                investigation, or removal action has been completed and 
                with respect to which the Administrator has decided not 
                to take further response action, including cost 
                recovery action;
                    ``(B) a facility included, or proposed for 
                inclusion, on the National Priorities List maintained 
                by the Administrator under this Act;
                    ``(C) a facility with respect to which a record of 
                decision, other than a no-action record of decision, 
                has been issued by the President under section 104 with 
                respect to the facility;
                    ``(D) a facility that is subject to corrective 
                action under section 3004(u) or 3008(h) of the Solid 
                Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)) to 
                which a corrective action permit or order has been 
                issued or modified to require the implementation of 
                corrective measures;
                    ``(E) any land disposal unit with respect to which 
                a closure notification under subtitle C of the Solid 
                Waste Disposal Act (42 U.S.C. 6921 et seq.) has been 
                submitted and closure requirements have been specified 
                in a closure plan or permit;
                    ``(F) a facility at which there has been a release 
                of a polychlorinated biphenyl and that is subject to 
                the Toxic Substances Control Act (15 U.S.C. 2601 et 
                seq.);
                    ``(G) a facility with respect to which an 
                administrative or judicial order or a consent decree 
                requiring cleanup has been issued or entered into by 
                the President and is in effect under--
                            ``(i) this Act;
                            ``(ii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            ``(iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            ``(iv) the Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.); or
                            ``(v) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                    ``(H) a facility at which assistance for response 
                activities may be obtained under subtitle I of the 
                Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from 
                the Leaking Underground Storage Tank Trust Fund 
                established by section 9508 of the Internal Revenue 
                Code of 1986; and
                    ``(I) a facility owned or operated by a department, 
                agency, or instrumentality of the United States, except 
                for land held in trust by the United States for an 
                Indian tribe.
            ``(2) Facility grants.--Notwithstanding paragraph (1), the 
        President may, on a facility-by-facility basis, allow a grant 
        under subsection (a) or (b) to be used for an activity 
        involving any facility or portion of a facility listed in 
        subparagraph (D), (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), 
        or (H) of paragraph (1).
            ``(3) Fines and cost-sharing.--A grant made under this 
        title may not be used to pay any fine or penalty owed to a 
        State or the Federal Government, or to meet any Federal cost-
        sharing requirement.
            ``(4) Other limitations.--
                    ``(A) In general.--Funds made available to a State 
                or local government under the grant programs 
                established under subsections (a) and (b) shall be used 
                only to inventory and assess brownfield sites as 
                authorized by this title and for capitalizing a 
                revolving loan fund or cleanup of a brownfield site as 
                authorized by this title, respectively.
                    ``(B) Responsibility for cleanup action.--Funds 
                made available under this title may not be used to 
                relieve a local government or State of the commitment 
                or responsibilities of the local government or State 
                under State law to assist or carry out cleanup actions 
                at brownfield sites.
    ``(e) Regulations.--
            ``(1) In general.--The Administrator may issue such 
        regulations as are necessary to carry out this section.
            ``(2) Procedures and standards.--The regulations shall 
        include such procedures and standards as the Administrator 
        considers necessary, including procedures and standards for 
        evaluating an application for a grant or loan submitted under 
        this section.
    ``(f) Effect on Other Laws.--Nothing in this title affects the 
liability or response authorities for environmental contamination under 
any other law (including any regulation), including--
            ``(1) this Act;
            ``(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
        seq.);
            ``(3) the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.);
            ``(4) the Toxic Substances Control Act (15 U.S.C. 2601 et 
        seq.); and
            ``(5) the Safe Drinking Water Act (42 U.S.C. 300f et 
        seq.).''.

SEC. 502. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING.

    (a) Research, Development, Demonstration, and Training.--Section 
311 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9660) is amended by striking 
subsection (c) and inserting the following:
    ``(c) Hazardous Substance Research, Development, Demonstration, and 
Training.--
            ``(1) In general.--The Administrator may conduct and, 
        through grants, cooperative agreements, contracts, and the 
        provision of technical assistance, may support, research, 
        development, demonstration, and training relating to the 
        detection, assessment, remediation, and evaluation of the 
        effects on and risks to human health and the environment from 
        hazardous substances.
            ``(2) Eligibility.--The Administrator may award grants and 
        cooperative agreements, or contracts or provide technical 
        assistance under this subsection to a State, Indian tribe, 
        consortium of Indian tribes, interstate agency, political 
        subdivision of a State, educational institution, or other 
        agency or organization for the development and implementation 
        of training, technology transfer, and information dissemination 
        programs to strengthen environmental response activities, 
        including enforcement, at the Federal, State, tribal and local 
        levels.
            ``(3) Requirements.--The Administrator may establish such 
        requirements for grants and cooperative agreements under this 
        subsection as the Administrator considers to be appropriate.''.
    (b) Training and Technical Assistance.--Section 117 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9617) (as amended by section 203) is amended by 
adding at the end the following:
    ``(g) Financial Assistance for Training.--The Administrator may 
provide training and technical assistance to individuals and 
organizations, as appropriate to--
            ``(1) inventory and conduct assessments and cleanups of 
        brownfield sites; and
            ``(2) conduct response actions under this Act.''.

SEC. 503. STATE VOLUNTARY CLEANUP 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 501) is amended by adding at the end the following:

``SEC. 129. SUPPORT FOR STATE VOLUNTARY CLEANUP PROGRAMS.

    ``(a) EPA Assistance for States for State Voluntary Response 
Programs.--The Administrator shall assist States to establish and 
administer State voluntary response programs that provide--
            ``(1) voluntary response actions that ensure adequate site 
        assessment and are protective of human health and the 
        environment;
            ``(2) opportunities for technical assistance (including 
        grants) for voluntary response actions;
            ``(3) meaningful opportunities for public participation on 
        issues that affect the community, which shall include prior 
        notice and opportunity for comment in the selection of response 
        actions and which may include involvement of State and local 
        health officials during site assessment;
            ``(4) streamlined procedures to ensure expeditious 
        voluntary response actions;
            ``(5) adequate oversight, enforcement authorities, 
        resources, and practices to--
                    ``(A) ensure that voluntary response actions are 
                protective of human health and the environment, as 
                provided in paragraph (1), and are conducted in a 
                timely manner in accordance with a State-approved 
                response action plan; and
                    ``(B) ensure completion of response actions if the 
                person conducting the response action fails or refuses 
                to complete the necessary response activities that are 
                protective of human health and the environment, 
                including operation and maintenance or long-term 
                monitoring activities;
            ``(6) mechanisms for the approval of a response action 
        plan; and
            ``(7) mechanisms for a certification or similar 
        documentation to the person that conducted the response action 
        indicating that the response is complete.
    ``(b) Grants for Development and Enhancement of State Voluntary 
Response Programs and Reporting Requirement.--
            ``(1) Grants to states.--The Administrator shall provide 
        grants to States to develop or enhance State voluntary response 
        programs described in subsection (a).
            ``(2) Public record.--To assist the Administrator in 
        determining the needs of States for assistance under this 
        section, the Administrator shall encourage the States to 
        maintain a public record of facilities, by name and location, 
        that have been or are planned to be addressed under a State 
        voluntary response program.
            ``(3) Reporting requirement.--Not later than the end of the 
        first calendar year after the date of enactment of this 
        section, and annually thereafter, each State that receives 
        financial assistance under this section shall submit to the 
        Administrator a report describing the progress of the voluntary 
        response program of the State, including information, with 
        respect to that calendar year, on--
                    ``(A) the number of sites, if any, undergoing 
                voluntary cleanup, including a separate description of 
                the number of sites in each stage of voluntary cleanup;
                    ``(B) the number of sites, if any, entering 
                voluntary cleanup; and
                    ``(C) the number of sites, if any, that received a 
                certification from the State indicating that a response 
                action is complete.''.

SEC. 504. AUDITS.

    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) Audits.--
            ``(1) In general.--The Inspector General of the 
        Environmental Protection Agency shall audit a portion of the 
        grants awarded under section 129 to ensure that all funds are 
        used in a manner that is consistent with that section.
            ``(2) Future grants.--The result of the audit shall be 
        taken into account in awarding any future grants to the State 
        or local government under that section.''.

                    TITLE VI--SETTLEMENT INCENTIVES

SEC. 601. FAIRNESS IN SETTLEMENTS.

    Section 122 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9622) is amended by 
adding at the end the following:
    ``(n) Fairness in Settlements.--
            ``(1) Assistance for cleanup settlements.--An agreement 
        under subsection (a) may, in the discretion of the President, 
        provide for payment of sums appropriated under section 111(s) 
        to pay a portion of the response costs at a facility in 
        accordance with section 122(b) where the President determines 
        there are parties that are insolvent, defunct, or otherwise 
        have a limited ability to pay, or based on other equitable 
        considerations.
            ``(2) Application toward cleanup settlement of sums 
        recovered in other settlements.--The President may enter into 
        settlements under paragraphs (3), subparagraphs (B), (C), (F), 
        and (G) of section 122(g)(1), and section 107(t) that include 
        terms providing for the disposition of the proceeds of the 
        settlements in a manner that is fair and reasonable, including, 
        as appropriate, the placement of settlement proceeds in 
        interest-bearing accounts to conduct or enable other persons to 
        conduct response actions at the facility.
            ``(3) Additional settlements based on ability to pay.--The 
        President shall have the authority to evaluate the ability to 
        pay of any potentially responsible party, and to enter into a 
        settlement with the party based on that party's ability to 
        pay.''.

                           TITLE VII--FUNDING

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    Section 111(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) is amended 
in the first sentence by striking ``$8,500,000,000 for the 5-year 
period beginning on the date of enactment of the Superfund Amendments 
and Reauthorization Act of 1986, and not more than $5,100,000,000 for 
the period commencing October 1, 1991, and ending September 30, 1994'' 
and inserting ``$7,500,000,000 for the period beginning October 1, 
1999, and ending September 30, 2004''.

SEC. 702. FUNDING FOR CLEANUP SETTLEMENTS.

    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended--
            (1) in subsection (a), by inserting after paragraph (6) the 
        following:
            ``(7) Funding for cleanup settlements.--Payments toward 
        cleanup settlements under subsection (r) and section 
        122(n)(1).''; and
            (2) by adding at the end the following:
    ``(r) Mandatory Funding.--
            ``(1) In general.--Subject to paragraph (4), for the 
        purpose of contributing under section 122(n)(1) to a cleanup 
        settlement, there is made available for obligation from amounts 
        in the Hazardous Substance Superfund for each of fiscal years 
        2000 through 2004, $200,000,000, to remain available until 
        expended
            ``(2) Effect on authority.--Nothing in this paragraph 
        affects the authority of the Administrator to forego recovery 
        of past costs.
            ``(3) Fiscal year funds.--Except in fiscal year 2000, if 
        the amounts made available under paragraph (1) available for a 
        fiscal year have been obligated, up to \1/2\ of the amounts 
        made available under paragraph (1) for the next fiscal year may 
        be obligated.
            ``(4) Condition on availability.--An amount under paragraph 
        (1) may be made available for obligation for a fiscal year only 
        if the total amount appropriated for the fiscal year under 
        section 111(a) equals or exceeds $1,500,000,000.''.

SEC. 703. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

    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) Agency for Toxic Substances and Disease Registry.--There 
shall be directly available to the Agency for Toxic Substances and 
Disease Registry to be used for the purpose of carrying out activities 
described in subsection (c)(4) and section 104(i) not less than 
$75,000,000 for each of fiscal years 2000 through 2004.''.

SEC. 704. BROWNFIELDS.

    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) (as amended by 
section 702) is amended by adding at the end the following:
    ``(s) Authorization of Appropriations.--
            ``(1) Inventory and assessment program.--There is 
        authorized to be appropriated to carry out section 128(a) 
        $35,000,000 for each of fiscal years 2000 through 2004.
            ``(2) Grants for cleanup.--There is authorized to be 
        appropriated to carry out section 128(b) $60,000,000 for each 
        of fiscal years 2000 through 2004.
            ``(3) Voluntary response programs.--There is authorized to 
        be appropriated for assistance to States for voluntary response 
        programs under section 129(b) $15,000,000 for each of the first 
        5 fiscal years beginning after the date of enactment of this 
        section.
            ``(4) Availability of funds.--The amounts appropriated 
        under this subsection shall remain available until expended.''.

SEC. 705. 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) In general.--
                    ``(A) Authorization.--There are authorized to be 
                appropriated, out of any money in the Treasury not 
                otherwise appropriated, to the Hazardous Substance 
                Superfund, $250,000,000 for each of fiscal years 2000 
                through 2004.
                    ``(B) Appropriation in subsequent years.--In 
                addition to funds appropriated under subparagraph (A), 
                there is authorized to be appropriated to the Hazardous 
                Substance Superfund for each fiscal year described in 
                subparagraph (A) an amount equal to so much of the 
                aggregate amount authorized to be appropriated under 
                subparagraph (A) as has not been appropriated for any 
                previous fiscal year.''.

SEC. 706. WORKER TRAINING AND EDUCATION GRANTS.

    Section 111(c)(12) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(c)(12)) is 
amended--
            (1) by striking ``$10,000,000'' and inserting 
        ``$40,000,000''; and
            (2) by striking ``each of fiscal years 1987,'' and all that 
        follows through ``1994'' and inserting ``each of fiscal years 
        2000 through 2004''.

                        TITLE VIII--DEFINITIONS

SEC. 801. DEFINITIONS.

    Section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as amended by 
section 101(c)) is amended by adding at the end the following:
            ``(40) Brownfield site.--The term `brownfield site' means a 
        facility that has or is suspected of having environmental 
        contamination that--
                    ``(A) could prevent the timely use, development, 
                reuse, or redevelopment of the facility; and
                    ``(B) is relatively limited in scope or severity 
                and can be comprehensively assessed and readily 
                analyzed.
            ``(41) Contaminant.--The term ``contaminant'', for purposes 
        of section 128 and paragraph (44), includes any hazardous 
        substance.
            ``(42) Grant.--The term ``grant'' includes a cooperative 
        agreement.
            ``(43) Local government.--The term ``local government'' has 
        the meaning given the term ``unit of general local government'' 
        in section 102(a) of the Housing and Community Development Act 
        of 1974 (42 U.S.C. 5302(a)), except that the term includes an 
        Indian tribe.
            ``(44) Site assessment.--
                    ``(A) In general.--The term ``site assessment'', 
                for purposes of sections 128 and 129 and paragraph (35) 
                means an investigation that determines the nature and 
                extent of a release or potential release of a hazardous 
                substance at a brownfield site and meets the 
                requirements of subparagraph (B).
                    ``(B) Investigation.--For the purposes of this 
                paragraph, an investigation that meets the requirements 
                of this subparagraph--
                            ``(i) shall include--
                                    ``(I) an onsite evaluation; and
                                    ``(II) sufficient testing, 
                                sampling, and other field-data-
                                gathering activities to accurately 
                                determine whether the brownfield site 
                                is contaminated and the threats to 
                                human health and the environment posed 
                                by the release of contaminants at the 
                                brownfield site; and
                            ``(ii) may include--
                                    ``(I) review of such information 
                                regarding the brownfield site and 
                                previous uses as is available at the 
                                time of the review; and
                                    ``(II) an offsite evaluation, if 
                                appropriate.
            ``(45) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means--
                            ``(i) waste material generated by a 
                        household (including a single or multifamily 
                        residence); and
                            ``(ii) waste material generated by a 
                        commercial, institutional, or industrial 
                        source, to the extent that the waste material--
                                    ``(I) is essentially the same as 
                                waste normally generated by a 
                                household; or
                                    ``(II) is collected and disposed of 
                                with other municipal solid waste or 
                                municipal sewage sludge as part of 
                                normal municipal solid waste collection 
                                services, and, with respect to each 
                                source from which the waste material is 
                                collected, qualifies for a de micromis 
                                exemption under section 107(r).
                    ``(B) Examples.--Examples of municipal solid waste 
                under subparagraph (A) include food and yard waste, 
                paper, clothing, appliances, consumer product 
                packaging, disposable diapers, office supplies, 
                cosmetics, glass and metal food containers, elementary 
                or secondary school science laboratory waste, and 
                household hazardous waste.
                    ``(C) Exclusions.--The term `municipal solid waste' 
                does not include--
                            ``(i) combustion ash generated by resource 
                        recovery facilities or municipal incinerators; 
                        or
                            ``(ii) waste material from manufacturing or 
                        processing (including pollution control) 
                        operations that is not essentially the same as 
                        waste normally generated by households.
            ``(46) Municipality.--
                    ``(A) In general.--The term `municipality' means a 
                political subdivision of a State.
                    ``(B) Inclusions.--The term `municipality' 
                includes--
                            ``(i) a city, county, village, town, 
                        township, borough, parish, school, school 
                        district, sanitation district, water district, 
                        or other public entity performing local 
                        governmental functions; and
                            ``(ii) a natural person acting in the 
                        capacity of an official, employee, or agent of 
                        a political subdivision of a State or an entity 
                        described in clause (i) in the performance of 
                        governmental functions.
            ``(47) Owner, operator, or lessee of residential 
        property.--
                    ``(A) In general.--The term `owner, operator, or 
                lessee of residential property' means a person that--
                            ``(i) owns, operates, manages, or leases 
                        residential property; and
                            ``(ii) uses or allows the use of the 
                        residential property exclusively for 
                        residential purposes.
                    ``(B) Residential property.--For the purposes of 
                subparagraph (A) the term `residential property' means 
                a single or multifamily residence (including incidental 
                accessory land, buildings, or improvements) that is 
                used exclusively for residential purposes.
            ``(48) Small nonprofit organization.--The term `small 
        nonprofit organization' means an organization that, at the time 
        of disposal--
                    ``(A) did not distribute any part of its income or 
                profit to its members, directors, or officers;
                    ``(B) employed not more than 100 paid individuals 
                at the chapter, office, or department disposing of the 
                waste; and
                    ``(C) was an organization described in section 
                501(c) of the Internal Revenue Code of 1986 that is 
                exempt from taxation under section 501(a) of the 
                Internal Revenue Code of 1986.
            ``(49) Affiliate; affiliated.--The terms `affiliate' and 
        `affiliated' have the meanings that those terms have in section 
        121.103 of title 13, Code of Federal Regulations (or any 
        successor regulation).
            ``(50) Municipal sewage sludge.--The term `municipal sewage 
        sludge' means solid, semisolid, or liquid residue removed 
        during the treatment of municipal wastewater, domestic sewage, 
        or other wastewater at or by publicly owned or federally owned 
        treatment works.''.
                                 <all>