[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1537 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1537

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

Mr. Chafee (for himself and Mr. Smith of New Hampshire) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Superfund 
Amendments and Reauthorization 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 REVITALIZATION

Sec. 101. Brownfields.
Sec. 102. Contiguous properties.
Sec. 103. Prospective purchasers and windfall liens.
Sec. 104. Safe harbor innocent landholders.
                   TITLE II--STATE RESPONSE PROGRAMS

Sec. 201. State response programs.
Sec. 202. National Priorities List completion.
Sec. 203. Federal emergency removal authority.
Sec. 204. State cost share.
      TITLE III--FAIR SHARE LIABILITY ALLOCATIONS AND PROTECTIONS

Sec. 301. Liability exemptions and limitations.
Sec. 302. Expedited settlement for certain parties.
Sec. 303. Fair share settlements and statutory orphan shares.
Sec. 304. Treatment of religious, charitable, scientific, and 
                            educational organizations as owners or 
                            operators.
        TITLE IV--REMEDY SELECTION AND NATURAL RESOURCE DAMAGES

Sec. 401. Selection and implementation of remedial actions.
Sec. 402. Use of risk assessment in remedy selection.
Sec. 403. Natural resource damages.
Sec. 404. Double recovery.
                            TITLE V--FUNDING

Sec. 501. Uses of Hazardous Substance Superfund.

                  TITLE I--BROWNFIELDS REVITALIZATION

SEC. 101. BROWNFIELDS.

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

``SEC. 127. BROWNFIELDS.

    ``(a) Definitions.--In this section:
            ``(1) Brownfield facility.--
                    ``(A) In general.--The term `brownfield facility' 
                means real property, the expansion or redevelopment of 
                which is complicated by the presence or potential 
                presence of a hazardous substance.
                    ``(B) Inclusion.--The term `brownfield facility' 
                includes real property that is contaminated with 
                cocaine, heroin, methamphetamine, or any other 
                controlled substance (as defined in section 102 of the 
                Controlled Substances Act (21 U.S.C. 802)), a precursor 
                chemical to a controlled substance, or a residual 
                chemical from the manufacture of a controlled 
                substance.
                    ``(C) Exclusions.--The term `brownfield facility' 
                does not include--
                            ``(i) any portion of real property that, as 
                        of the date of submission of an application for 
                        assistance under this section, is the subject 
                        of an ongoing removal under this title;
                            ``(ii) any portion of real property that 
                        has been listed on the National Priorities List 
                        or is proposed for listing as of the date of 
                        the submission of an application for assistance 
                        under this section;
                            ``(iii) any portion of real property with 
                        respect to which cleanup work is proceeding in 
                        substantial compliance with the requirements of 
                        an administrative order on consent, or 
judicial consent decree that has been entered into, or a permit issued 
by, the United States or a duly authorized State under this Act, the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), section 311 of the 
Federal Water Pollution Control Act (33 U.S.C. 1321), the Toxic 
Substances Control Act (15 U.S.C. 2601 et seq.), or the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.);
                            ``(iv) a land disposal unit with respect to 
                        which--
                                    ``(I) a closure notification under 
                                subtitle C of the Solid Waste Disposal 
                                Act (42 U.S.C. 6921 et seq.) has been 
                                submitted; and
                                    ``(II) closure requirements have 
                                been specified in a closure plan or 
                                permit;
                            ``(v) a facility that is owned or operated 
                        by a department, agency, or instrumentality of 
                        the United States; or
                            ``(vi) a portion of a facility, for which 
                        portion, assistance for response activity has 
                        been obtained under subtitle I of the Solid 
                        Waste Disposal Act (42 U.S.C. 6991 et seq.) 
                        from the Leaking Underground Storage Tank Trust 
                        Fund established under section 9508 of the 
                        Internal Revenue Code of 1986.
                    ``(C) Facilities other than brownfield 
                facilities.--That a facility may not be a brownfield 
                facility within the meaning of subparagraph (A) has no 
                effect on the eligibility of the facility for 
                assistance under any provision of Federal law other 
                than this section.
            ``(2) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' 
                means--
                            ``(i) a general purpose unit of local 
                        government;
                            ``(ii) a land clearance authority or other 
                        quasi-governmental entity that operates under 
                        the supervision and control of or as an agent 
                        of a general purpose unit of local government;
                            ``(iii) a government entity created by a 
                        State legislature;
                            ``(iv) a regional council or group of 
                        general purpose units of local government;
                            ``(v) a redevelopment agency that is 
                        chartered or otherwise sanctioned by a State;
                            ``(vi) a State; and
                            ``(vii) an Indian Tribe.
                    ``(B) Exclusion.--The term `eligible entity' does 
                not include any entity that is not in substantial 
                compliance with the requirements of an administrative 
                order on consent, judicial consent decree that has been 
                entered into, or a permit issued by, the United States 
                or a duly authorized State under this Act, the Solid 
                Waste Disposal Act (42 U.S.C. 6901 et seq.), the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.), the Toxic Substances Control Act (15 U.S.C. 2601 
                et seq.), or the Safe Drinking Water Act (42 U.S.C. 
                300f et seq.) with respect to any portion of real 
                property that is the subject of the administrative 
                order on consent, judicial consent decree, or permit.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Housing and Urban Development.
    ``(b) Brownfield Site Characterization and Assessment Grant 
Program.--
            ``(1) Establishment of program.--The Administrator shall 
        establish a program to provide grants for the site 
        characterization and assessment of brownfield facilities.
            ``(2) Assistance for site characterization and assessment 
        and response actions.--
                    ``(A) In general.--On approval of an application 
                made by an eligible entity, the Administrator may make 
                grants to the eligible entity to be used for the site 
                characterization and assessment of 1 or more brownfield 
                facilities.
                    ``(B) Site characterization and assessment.--A site 
                characterization and assessment carried out with the 
                use of a grant under subparagraph (A)--
                            ``(i) shall be performed in accordance with 
                        section 101(35)(B); and
                            ``(ii) may include a process to identify 
                        and inventory potential brownfield facilities.
    ``(c) Brownfield Remediation Grant Program.--
            ``(1) Establishment of program.--In consultation with the 
        Secretary, the Administrator shall establish a program to 
        provide grants to be used for response actions (excluding site 
        characterization and assessment) at 1 or more brownfield 
        facilities.
            ``(2) Assistance for response actions.--On approval of an 
        application made by an eligible entity, the Administrator, in 
        consultation with the Secretary, may make grants to the 
        eligible entity to be used for response actions (excluding site 
        characterization and assessment) at 1 or more brownfield 
        facilities.
    ``(d) General Provisions.--
            ``(1) Maximum grant amount.--
                    ``(A) In general.--The total of all grants under 
                subsections (b) and (c) shall not exceed, with respect 
                to any individual brownfield facility covered by the 
                grants, $350,000.
                    ``(B) Waiver.--The Administrator may waive the 
                $350,000 limitation under subparagraph (A) based on the 
                anticipated level of contamination, size, or status of 
                ownership of the facility, so as to permit the facility 
                to receive a grant of not to exceed $600,000.
            ``(2) Prohibition.--
                    ``(A) In general.--No part of a grant under this 
                section may be used for payment of penalties, fines, or 
                administrative costs.
                    ``(B) Exclusions.--For the purposes of subparagraph 
                (A), the term `administrative cost' does not include 
                the cost of--
                            ``(i) investigation and identification of 
                        the extent of contamination;
                            ``(ii) design and performance of a response 
                        action; or
                            ``(iii) monitoring of natural resources.
            ``(3) Audits.--The Inspector General of the Environmental 
        Protection Agency shall conduct such reviews or audits of 
        grants under this section as the Inspector General considers 
        necessary to carry out the objectives of this section. Audits 
        shall be conducted in accordance with the auditing procedures 
        of the General Accounting Office, including chapter 75 of title 
        31, United States Code.
            ``(4) Leveraging.--An eligible entity that receives a grant 
        under this section may use the funds for part of a project at a 
        brownfield facility for which funding is received from other 
        sources, but the grant shall be used only for the purposes 
        described in subsection (b) or (c).
            ``(5) Agreements.--Each grant made under this section shall 
        be subject to an agreement that--
                    ``(A) requires the eligible entity to comply with 
                all applicable State laws (including regulations);
                    ``(B) requires that the eligible entity shall use 
                the grant exclusively for purposes specified in 
                subsection (b) or (c);
                    ``(C) in the case of an application by an eligible 
                entity under subsection (c), requires payment by the 
                eligible entity of a matching share (which may be in 
                the form of a contribution of labor, material, or 
                services) of at least 20 percent of the costs of the 
                response action for which the grant is made, is from 
                non-Federal sources of funding.
                    ``(D) contains such other terms and conditions as 
                the Administrator determines to be necessary to carry 
                out this section.
    ``(e) Grant Applications.--
            ``(1) Submission.--
                    ``(A) In general.--Any eligible entity may submit 
                an application to the Administrator, through a regional 
                office of the Environmental Protection Agency and in 
                such form as the Administrator may require, for a grant 
                under this section for 1 or more brownfield facilities.
                    ``(B) Coordination.--In developing application 
                requirements, the Administrator shall coordinate with 
                the Secretary and other Federal agencies and 
                departments, such that eligible entities under this 
                section are made aware of other available Federal 
                resources.
                    ``(C) Guidance.--The Administrator shall publish 
                guidance to assist eligible entities in obtaining 
                grants under this section.
            ``(2) Approval.--The Administrator, in consultation with 
        the Secretary, shall make an annual evaluation of each 
        application received during the prior fiscal year and make 
        grants under this section to eligible entities that submit 
        applications during the prior year and that the Administrator, 
        in consultation with the Secretary, determines have the highest 
        rankings under the ranking criteria established under paragraph 
        (3).
            ``(3) Ranking criteria.--The Administrator, in consultation 
        with the Secretary, shall establish a system for ranking grant 
        applications that includes the following criteria:
                    ``(A) The extent to which a grant will stimulate 
                the availability of other funds for environmental 
                remediation and subsequent redevelopment of the area in 
                which the brownfield facilities are located.
                    ``(B) The potential of the development plan for the 
                area in which the brownfield facilities are located to 
                stimulate economic development of the area on 
                completion of the cleanup, such as the following:
                            ``(i) The relative increase in the 
                        estimated fair market value of the area as a 
                        result of any necessary response action.
                            ``(ii) The demonstration by applicants of 
                        the intent and ability to create new or expand 
                        existing business, employment, recreation, or 
                        conservation opportunities on completion of any 
                        necessary response action.
                            ``(iii) If commercial redevelopment is 
                        planned, the estimated additional full-time 
                        employment opportunities and tax revenues 
                        expected to be generated by economic 
                        redevelopment in the area in which a brownfield 
                        facility is located.
                            ``(iv) The estimated extent to which a 
                        grant would facilitate the identification of or 
                        facilitate a reduction of health and 
                        environmental risks.
                            ``(v) The financial involvement of the 
                        State and local government in any response 
                        action planned for a brownfield facility and 
                        the extent to which the response action and the 
                        proposed redevelopment is consistent with any 
                        applicable State or local community economic 
                        development plan.
                            ``(vi) The extent to which the site 
                        characterization and assessment or response 
                        action and subsequent development of a 
                        brownfield facility involves the active 
                        participation and support of the local 
                        community.
                            ``(vii) Such other factors as the 
                        Administrator considers appropriate to carry 
                        out the purposes of this section.
                    ``(C) The extent to which a grant will enable the 
                creation of or addition to parks, greenways, or other 
                recreational property.
                    ``(D) The extent to which a grant will meet the 
                needs of a community that has an inability to draw on 
                other sources of funding for environmental remediation 
                and subsequent redevelopment of the area in which a 
                brownfield facility is located because of the small 
                population or low income of the community.''.

SEC. 102. CONTIGUOUS PROPERTIES.

    (a) In General.--Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) 
is amended by adding at the end the following:
    ``(o) Contiguous Properties.--
            ``(1) Not considered to be an owner or operator.--
                    ``(A) In general.--A person that owns or operates 
                real property that is contiguous to or otherwise 
                similarly situated with respect to real property on 
                which there has been a release or threatened release of 
                a hazardous substance and that is or may be 
                contaminated by the release shall not be considered to 
                be an owner or operator of a vessel or facility under 
                paragraph (1) or (2) of subsection (a) solely by reason 
                of the contamination if--
                            ``(i) the person did not cause, contribute, 
                        or consent to the release or threatened 
                        release;
                            ``(ii) the person is not affiliated through 
                        any familial or corporate relationship with any 
                        person that is or was a party potentially 
                        responsible for response costs at the facility;
                            ``(iii) the person exercised appropriate 
                        care with respect to each hazardous substance 
                        found at the facility by taking reasonable 
                        steps to stop any continuing release, prevent 
                        any threatened future release and prevent or 
                        limit human or natural resource exposure to any 
                        previously released hazardous substance;
                            ``(iv) the person provides full 
                        cooperation, assistance, and access to persons 
                        that are responsible for response actions at 
                        the vessel or facility from which there has 
                        been a release or threatened release, including 
                        the cooperation and access necessary for the 
installation, integrity, operation, and maintenance of any complete or 
partial response actions at the vessel or facility;
                            ``(v) the person does not impede the 
                        effectiveness or integrity of any institutional 
                        control employed at the vessel or facility; and
                            ``(vi) the person complies with any request 
                        for information or administrative subpoena 
                        issued by the President under this Act.
                    ``(B) Ground water.--With respect to hazardous 
                substances in ground water beneath a person's property 
                solely as a result of subsurface migration in an 
                aquifer from a source or sources outside the property, 
                appropriate care shall not require the person to 
                conduct ground water investigations or to install 
                ground water remediation systems.
            ``(2) Assurances.--The Administrator may--
                    ``(A) issue an assurance that no enforcement action 
                under this Act will be initiated against a person 
described in paragraph (1); and
                    ``(B) grant a person described in paragraph (1) 
                protection against a cost recovery or contribution 
                action under section 113(f).''.
    (b) National Priorities List.--
            (1) In general.--Section 105 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9605) is amended--
                    (A) in subsection (a)(8)--
                            (i) in subparagraph (B), by inserting 
                        ``and'' after the semicolon at the end; and
                            (ii) by adding at the end the following:
            ``(C) provision that in listing a facility on the National 
        Priorities List, the Administrator shall not include any parcel 
        of real property at which no release has actually occurred, but 
        to which a released hazardous substance, pollutant, or 
        contaminant has migrated in ground water that has moved through 
        subsurface strata from another parcel of real estate at which 
        the release actually occurred, unless--
                    ``(i) the ground water is in use as a public 
                drinking water supply or was in such use at the time of 
                the release; and
                    ``(ii) the owner or operator of the facility is 
                liable, or is affiliated with any other person that is 
                liable, for any response costs at the facility, through 
                any direct or indirect familial relationship, or any 
                contractual, corporate, or financial relationship other 
                than that created by the instruments by which title to 
                the facility is conveyed or financed.''; and
                    (B) by adding at the end the following:
    ``(h) Listing of Particular Parcels.--
            ``(1) Definition.--In subsection (a)(8)(C) and paragraph 
        (2) of this subsection, the term `parcel of real property' 
        means a parcel, lot, or tract of land that has a separate legal 
        description from that of any other parcel, lot, or tract of 
        land the legal description and ownership of which has been 
        recorded in accordance with the law of the State in which it is 
        located.
            ``(2) Statutory construction.--Nothing in subsection 
        (a)(8)(C) limits the Administrator's authority under section 
        104 to obtain access to and undertake response actions at any 
        parcel of real property to which a released hazardous 
        substance, pollutant, or contaminant has migrated in the ground 
        water.''.
            (2) Revision of national priorities list.--
                    (A) In general.--The President shall annually 
                revise the National Priorities List to conform with the 
                amendments made by paragraph (1), based on individual 
                delisting recommendations made by each Regional 
                Administrator of the Environmental Protection Agency.
                    (B) Delisted parcels.--In complying with this 
                paragraph, the President shall delist not more than 20 
                individual parcels of real property from the National 
                Priorities List in any 1 calendar year.
    (c) Conforming Amendment.--Section 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is amended by striking ``of this section'' and inserting 
``and the exemptions and limitations stated in this section''.

SEC. 103. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.

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

SEC. 104. SAFE HARBOR INNOCENT LANDHOLDERS.

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

                   TITLE II--STATE RESPONSE PROGRAMS

SEC. 201. STATE RESPONSE PROGRAMS.

    (a) Definitions.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as 
amended by section 103(a)) is amended by adding at the end the 
following:
            ``(40) Facility subject to state cleanup.--The term 
        `facility subject to State cleanup' means a facility that--
                    ``(A) is not listed or proposed for listing on the 
                National Priorities List; or
                    ``(B) has been proposed for listing on the National 
                Priorities List, but for which the Administrator has 
                notified the State in writing that the Administrator 
                has deferred final listing of the facility pending 
                completion of a remedial action under State authority 
                at the facility.
          ``(41) Qualifying state response program.--The term 
        `qualifying State response program' means a State program that 
        includes the elements described in section 128(b).''.
    (b) Qualifying State Response Programs.--Title I of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) (as amended by section 101(a)) is 
amended by adding at the end the following:

``SEC. 128. QUALIFYING STATE RESPONSE PROGRAMS.

    ``(a) Assistance to States.--The Administrator shall provide grants 
to States to establish and expand qualifying State response programs 
that include the elements listed in subsection (b).
    ``(b) Elements.--The elements of a qualifying State response 
program are the following:
            ``(1) Oversight and enforcement authorities or other 
        mechanisms that are adequate to ensure that--
                    ``(A) response actions will protect human health 
                and the environment and be conducted in accordance with 
                applicable Federal and State law; and
                    ``(B) in the case of a voluntary response action, 
                if the person conducting the voluntary response action 
                fails to complete the necessary response activities, 
                including operation and maintenance or long-term 
                monitoring activities, the necessary response 
                activities are completed.
            ``(2) Adequate opportunities for public participation, 
        including prior notice and opportunity for comment in 
        appropriate circumstances, in selecting response actions.
            ``(3) Mechanisms for approval of a response action plan, or 
        a requirement for certification or similar documentation from 
        the State to the person conducting a response action indicating 
        that the response is complete.
    ``(c) Enforcement in Cases of a Release Subject to a State Plan.--
            ``(1) Enforcement.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in the case of a release or 
                threatened release of a hazardous substance at a 
                facility subject to State cleanup, neither the 
                President nor any other person may use any authority 
under this Act to take an enforcement action against any person 
regarding any matter that is within the scope of a response action that 
is being conducted or has been completed under State law.
                    ``(B) Exceptions.--The President may bring an 
                enforcement action under this Act with respect to a 
                facility described in subparagraph (A) if--
                            ``(i) the enforcement action is authorized 
                        under section 104;
                            ``(ii) the State requests that the 
                        President provide assistance in the performance 
                        of a response action and that the enforcement 
                        bar in subparagraph (A) be lifted;
                            ``(iii) at a facility at which response 
                        activities are ongoing the Administrator--
                                    ``(I) makes a written determination 
                                that the State is unwilling or unable 
                                to take appropriate action, after the 
                                Administrator has provided the Governor 
                                notice and an opportunity to cure; and
                                    ``(II) the Administrator determines 
                                that the release or threat of release 
                                constitutes a public health or 
                                environmental emergency under section 
                                104(a)(4);
                            ``(iv) the Administrator determines that 
                        contamination has migrated across a State line, 
                        resulting in the need for further response 
                        action to protect human health or the 
                        environment; or
                            ``(v) in the case of a facility at which 
                        all response actions have been completed, the 
                        Administrator--
                                    ``(I) makes a written determination 
                                that the State is unwilling or unable 
                                to take appropriate action, after the 
                                Administrator has provided the Governor 
                                notice and an opportunity to cure; and
                                    ``(II) makes a written 
                                determination that the facility 
                                presents a substantial risk that 
                                requires further remediation to protect 
                                human health or the environment, as 
                                evidenced by--
                                            ``(aa) newly discovered 
                                        information regarding 
                                        contamination at the facility;
                                            ``(bb) the discovery that 
                                        fraud was committed in 
                                        demonstrating attainment of 
                                        standards at the facility; or
                                            ``(cc) a failure of the 
                                        remedy or a change in land use 
                                        giving rise to a clear threat 
                                        of exposure.
                    ``(C) EPA notification.--
                            ``(i) In general.--In the case of a 
                        facility at which there is a release or 
                        threatened release of a hazardous substance, 
                        pollutant, or contaminant and for which the 
                        Administrator intends to undertake an 
                        administrative or enforcement action, the 
                        Administrator, prior to taking the 
                        administrative or enforcement action, shall 
                        notify the State of the action the 
                        Administrator intends to take and wait for an 
                        acknowledgment from the State under clause 
                        (ii).
                            ``(ii) State response.--Not later than 48 
                        hours after receiving a notice from the 
                        Administrator under clause (i), the State shall 
                        notify the Administrator if the facility is 
                        currently or has been subject to a cleanup 
                        conducted under State law.
                            ``(iii) Public health or environmental 
                        emergency.--If the Administrator finds that a 
                        release or threatened release constitutes a 
                        public health or environmental emergency under 
                        section 104(a)(4), the Administrator may take 
                        appropriate action immediately after giving 
                        notification under clause (i) without waiting 
                        for State acknowledgment.
            ``(2) Cost or damage recovery actions.--Paragraph (1) shall 
        not apply to an action brought by a State, Indian Tribe, or 
        general purpose unit of local government for the recovery of 
        costs or damages under this Act.
            ``(3) Savings provision.--
                    ``(A) Existing agreements.--A memorandum of 
                agreement, memorandum of understanding, or similar 
                agreement between the President and a State or Indian 
                tribe defining Federal and State or tribal response 
                action responsibilities that was in effect as of the 
                date of enactment of this section with respect to a 
                facility to which paragraph (1)(C) does not apply shall 
                remain effective until the agreement expires in 
                accordance with the terms of the agreement.
                    ``(B) New agreements.--Nothing in this subsection 
                precludes the President from entering into an agreement 
                with a State or Indian tribe regarding responsibility 
                at a facility to which paragraph (1)(C) does not apply.
            ``(4) State reimbursement and certification.--
                    ``(A) In general.--On making a finding under this 
                section that a State is unwilling or unable to take 
                appropriate action to address a public health or 
                environmental emergency, the President may require that 
                the State reimburse the Hazardous Substance Superfund 
                for response costs incurred by the United States.
                    ``(B) Certification.--On making a finding under 
                this section that a State is unwilling or unable to 
                take appropriate action to address a public health or 
                environmental emergency at 3 separate facilities within 
                any 1-year period, the President may notify the 
                Governor of the State that this section shall not apply 
                in the State until the President certifies that the 
                State's cleanup program is adequate to ensure that 
                response actions will protect human health and the 
                environment.''.

SEC. 202. NATIONAL PRIORITIES LIST COMPLETION.

    (a) In General.--Section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is 
amended by striking subsection (b) and inserting the following:
    ``(b) National Priorities List Completion.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this paragraph, the President shall complete the 
        evaluation of all facilities classified as awaiting a National 
        Priorities List decision to determine the risk or danger to 
        public health or welfare or the environment posed by each 
        facility as compared with the other facilities.
            ``(2) Requirement of request by the governor of a state.--
        No facility shall be added to the National Priorities List 
        without the President having first received the concurrence of 
        the Governor of the State in which the facility is located.''.
    (b) Independent CERCLA Cost Analysis.--
            (1) In general.--From amounts appropriated under section 
        111(a) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)), 
        the Administrator shall fund a cooperative agreement for an 
        independent analysis of the projected 10-year costs for the 
        implementation of the program under that Act.
            (2) Completion.--The independent analysis under paragraph 
        (1) shall be completed not later than 180 days after the date 
        of enactment of this Act.

SEC. 203. FEDERAL EMERGENCY REMOVAL AUTHORITY.

    Section 104(c)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(1)) is 
amended--
            (1) in subparagraph (C), by striking ``consistent with the 
        remedial action to be taken'' and inserting ``not inconsistent 
        with any remedial action that has been selected or is 
        anticipated at the time of any removal action at a facility,'';
            (2) by striking ``$2,000,000'' and inserting 
        ``$5,000,000''; and
            (3) by striking ``12 months'' and inserting ``3 years''.

SEC. 204. STATE COST SHARE.

    Section 104(c) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)) is 
amended--
            (1) by striking ``(c)(1) Unless'' and inserting the 
        following:
    ``(c) Miscellaneous Limitations and Requirements.--
            ``(1) Continuance of obligations from fund.--Unless'';
            (2) in paragraph (1), by striking ``taken obligations'' and 
        inserting ``taken, obligations'';
            (3) by striking ``(2) The President'' and inserting the 
        following:
            ``(2) Consultation.--The President''; and
            (4) by striking paragraph (3) and inserting the following:
            ``(3) State cost share.--
                    ``(A) In general.--The Administrator shall not 
                provide any funding for remedial action under this 
                section unless the State in which the release occurs 
                first enters into a contract or cooperative agreement 
                with the Administrator that provides assurances that 
                the State will pay, in cash or through in-kind 
                contributions, 10 percent of the costs of--
                            ``(i) the remedial action; and
                            ``(ii) operation and maintenance costs.
                    ``(B) State-operated facilities.--Notwithstanding 
                subparagraph (A), the Administrator may require a State 
                contribution, in cash or in-kind, of 50 percent of the 
                costs of any sums expended in response to a release at 
                a facility that was operated by the State or a 
                political subdivision of the State, either directly or 
                through a contractual relationship or otherwise, at the 
                time of any disposal of hazardous substances therein.
                    ``(C) Activities with respect to which state cost 
                share is required.--No State cost share shall be 
                required except for remedial actions under this 
                section.
                    ``(D) Indian tribes.--The requirements of this 
                paragraph shall not apply in the case of remedial 
                action to be taken on land or water--
                            ``(i) held by an Indian Tribe;
                            ``(ii) held by the United States in trust 
                        for an Indian Tribe;
                            ``(iii) held by a member of an Indian Tribe 
                        (if the land or water is subject to a trust 
                        restriction on alienation); or
                            ``(iv) within the borders of an Indian 
                        reservation.''.

      TITLE III--FAIR SHARE LIABILITY ALLOCATIONS AND PROTECTIONS

SEC. 301. LIABILITY EXEMPTIONS AND LIMITATIONS.

    (a) Definitions.--Section 101 of the Comprehensive Environmental 
Response, Liability, and Compensation Act of 1980 (42 U.S.C. 9601) (as 
amended by section 201(a)) is amended by adding at the end the 
following:
            ``(42) Codisposal landfill.--The term `codisposal landfill' 
        means a landfill that--
                    ``(A) was listed on the National Priorities List as 
                of the date of enactment of this paragraph;
                    ``(B) received for disposal municipal solid waste 
                or sewage sludge; and
                    ``(C) may also have received, before the effective 
                date of requirements under subtitle C of the Solid 
                Waste Disposal Act (42 U.S.C. 6921 et seq.), any 
                hazardous waste, if the landfill contains predominantly 
                municipal solid waste or sewage sludge that was 
                transported to the landfill from outside the facility.
            ``(43) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means waste material generated by--
                            ``(i) a household (such as a single- or 
                        multi-family residence) or a public lodging 
                        (such as a hotel or motel); or
                            ``(ii) a commercial, institutional, or 
                        industrial source, to the extent that--
                                    ``(I) the waste material is 
                                substantially similar to waste normally 
                                generated by a household or public 
                                lodging (without regard to differences 
                                in volume); or
                                    ``(II) the waste material is 
                                collected and disposed of with other 
                                municipal solid waste or 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) Inclusions.--The term `municipal solid waste' 
                includes food and yard waste, paper, clothing, 
                appliances, consumer product packaging, disposable 
                diapers, office supplies, cosmetics, glass and metal 
                food containers, elementary or secondary school science 
                laboratory waste, and household hazardous waste.
                    ``(C) Exclusions.--The term `municipal solid waste' 
                does not include combustion ash generated by resource 
                recovery facilities or municipal incinerators or waste 
                from manufacturing or processing (including pollution 
                control) operations.
            ``(44) Municipality.--
                    ``(A) In general.--The term `municipality' means a 
                political subdivision of a State (including a city, 
                county, village, town, township, borough, parish, 
                school district, sanitation district, water district, 
                or other public entity performing local governmental 
                functions).
                    ``(B) Inclusions.--The term `municipality' includes 
                a natural person acting in the capacity of an official, 
                employee, or agent of any entity described in 
                subparagraph (A) in the performance of a governmental 
                function.
            ``(45) Sewage sludge.--The term `sewage sludge' means 
        solid, semisolid, or liquid residue removed during the 
        treatment of municipal waste water, domestic sewage, or other 
waste water at or by publicly owned treatment works.''.
    (b) Exemptions and Limitations.--
            (1) In general.--Section 107 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9607) (as amended by section 103(b)) is amended by 
        adding at the end the following:
    ``(q) Liability Exemption for Municipal Solid Waste and Sewage 
Sludge.--No person shall be liable to the United States or to any other 
person (including liability for contribution) under this section for 
any response costs at a facility listed on the National Priorities List 
to the extent that--
            ``(1) the person is liable solely under paragraph (3) or 
        (4) of subsection (a);
            ``(2) the person is liable 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;
            ``(3) the person provides full cooperation, assistance, and 
        access to persons that are responsible for response actions at 
        the vessel or facility, including the cooperation and access 
        necessary for the installation, integrity, operation, and 
        maintenance of any complete or partial response actions at the 
        vessel or facility;
            ``(4) the person does not impede the effectiveness or 
        integrity of any institutional control employed at the vessel 
        or facility;
            ``(5) the person complies with any request for information 
        or administrative subpoena issued by the President under this 
        Act; and
            ``(6) the person is--
                    ``(A) an owner, operator, or lessee of residential 
                property from which all of the person's municipal solid 
                waste was generated;
                    ``(B) a business entity that, during the tax year 
                preceding the date of transmittal of written 
                notification that the business is potentially liable, 
                employs not more than 100 individuals; or
                    ``(C) a nonprofit organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 that 
                employs not more than 100 individuals, from which all 
                of the person's municipal solid waste was generated.
    ``(r) De Micromis Contributor Exemption.--
            ``(1) In general.--In the case of a vessel or facility 
        listed on the National Priorities List, no person described in 
        paragraph (3) or (4) of subsection (a) shall be liable to the 
        United States or to any other person (including liability for 
        contribution) for any response costs under this section if the 
        activity specifically attributable to the person resulted in 
        the disposal or treatment of not more than 200 pounds or 110 
        gallons of material containing a hazardous substance at the 
        vessel or facility before the date of enactment of this 
        subsection, or such greater amount as the Administrator may 
        determine by regulation.
            ``(2) Exception.--Paragraph (1) shall not apply in a case 
        in which the Administrator determines that material described 
        in paragraph (1) has contributed or may contribute 
        significantly, individually, to the amount of response costs at 
        the facility.
    ``(s) Small Business Exemption.--
            ``(1) In general.--No person shall be liable to the United 
        States or to any person (including liability for contribution) 
        under this section for any response costs at a facility listed 
        on the National Priorities List if--
                    ``(A) the person is liable solely under paragraph 
                (3) or (4) or subsection (a);
                    ``(B) the person is a business that--
                            ``(i) during the taxable year preceding the 
                        date of transmittal of notification that the 
                        business is a potentially responsible party, 
                        had full- and part-time employees whose 
                        combined time was equivalent to 75 or fewer 
                        full-time employees; or
                            ``(ii) for that taxable year reported 
                        $3,000,000 or less in gross revenue;
                    ``(C) the activity specifically attributable to the 
                person resulted in the disposal or treatment of 
                material containing a hazardous substance at the vessel 
                or facility before the date of enactment of this 
                subsection;
                    ``(D) the person is not affiliated through any 
                familial or corporate relationship with any person that 
                is or was a party potentially responsible for response 
                costs at the facility;
                    ``(E) the person provides full cooperation, 
                assistance, and access to persons that are responsible 
                for response actions at the vessel or facility, 
                including the cooperation and access necessary for the 
                installation, integrity, operation, and maintenance of 
                any complete or partial response actions at the vessel 
                or facility;
                    ``(F) the person does not impede the effectiveness 
                or integrity of any institutional control employed at 
                the vessel or facility; and
                    ``(G) the person complies with any request for 
                information or administrative subpoena issued by the 
                President under this Act.
            ``(2) Exception.--Paragraph (1) shall not apply in a case 
        in which the material containing a hazardous substance referred 
        to in subparagraph (A) contributed significantly or could 
        contribute significantly to the cost of the response action 
        with respect to the facility.
    ``(t) Municipal Solid Waste and Sewage Sludge Exemption and 
Limitations.--
            ``(1) Contribution of municipal solid waste and municipal 
        sewage sludge.--
                    ``(A) 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 subsection (a) and on the 
                potentially responsible party's having 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 of, municipal 
                solid waste or municipal sewage sludge at a facility 
                listed on the National Priorities List.
                    ``(B) 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 subsection (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.--
                                    ``(I) In general.--The President 
                                may revise the settlement amount under 
clause (i) by regulation.
                                    ``(II) Basis.--A revised settlement 
                                amount under subclause (I) shall 
                                reflect the estimated per-ton cost of 
                                closure and post-closure activities at 
                                a representative facility containing 
                                only municipal solid waste.
                    ``(C) Conditions.--The provisions for settlement 
                described in this subparagraph shall not apply with 
                respect to a facility where there is no waste except 
                municipal solid waste or municipal sewage sludge.
                    ``(D) Adjustment for inflation.--The Administrator 
                may by guidance periodically adjust the settlement 
                amount under subparagraph (B) to reflect changes in the 
                Consumer Price Index (or other appropriate index, as 
                determined by the Administrator).
            ``(2) Municipal owners and operators.--
                    ``(A) Aggregate liability of large 
                municipalities.--
                            ``(i) In general.--With respect to a 
                        codisposal landfill that is owned or operated 
                        in whole or in part by municipalities with a 
                        population of 100,000 or more (according to the 
                        1990 census), and that is not subject to the 
                        criteria for solid waste landfills published 
                        under subtitle D of the Solid Waste Disposal 
                        Act (42 U.S.C. 6941 et seq.) at part 258 of 
title 40, Code of Federal Regulations (or a successor regulation), the 
aggregate amount of liability of such municipal owners and operators 
for response costs under this section shall be not greater than 20 
percent of such costs.
                            ``(ii) Increased amount.--The President may 
                        increase the percentage under clause (i) to not 
                        more than 35 percent with respect to a 
                        municipality if the President determines that 
                        the municipality committed specific acts that 
                        exacerbated environmental contamination or 
                        exposure with respect to the facility.
                            ``(iii) 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.
                    ``(B) Aggregate liability of small 
                municipalities.--
                            ``(i) In general.--With respect to a 
                        codisposal landfill that is owned or operated 
                        in whole or in part by municipalities with a 
                        population of less than 100,000 (according to 
                        the 1990 census), that is not subject to the 
                        criteria for solid waste landfills published 
                        under subtitle D of the Solid Waste Disposal 
                        Act (42 U.S.C. 6941 et seq.) at part 258 of 
                        title 40, Code of Federal Regulations (or a 
                        successor regulation), the aggregate amount of 
                        liability of such municipal owners and 
                        operators for response costs under this section 
                        shall be not greater than 10 percent of such 
                        costs.
                            ``(ii) Increased amount.--The President may 
                        increase the percentage under clause (i) to not 
                        more than 20 percent with respect to a 
                        municipality if the President determines that 
                        the municipality committed specific acts that 
                        exacerbated environmental contamination or 
                        exposure with respect to the facility.
                            ``(iii) Decreased amount.--The President 
                        may decrease the percentage under clause (i) 
                        with respect to a municipality to not less than 
                        5 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.
            ``(3) Applicability.--This subsection shall not apply to--
                    ``(A) a person that acted in violation of subtitle 
                C of the Solid Waste Disposal Act (42 U.S.C. 6921 et 
                seq.) at a facility that is subject to a response 
                action under this title, if the violation pertains to a 
                hazardous substance the release of threat of release of 
                which caused the incurrence of response costs at the 
                facility;
                    ``(B) a person that owned or operated a codisposal 
                landfill in violation of the applicable requirements 
                for municipal solid waste landfill units under subtitle 
                D of the Solid Waste Disposal Act (42 U.S.C. 6941 et 
                seq.) after October 9, 1991, if the violation pertains 
                to a hazardous substance the release of threat of 
                release of which caused the incurrence of response 
                costs at the facility; or
                    ``(C) a person under section 122(p)(2)(G).
            ``(4) Performance of response actions.--As a condition of a 
        settlement with a municipality under this subsection, the 
        President may require that the municipality perform or 
        participate in the performance of the response actions at the 
        facility.
            ``(5) Notice of applicability.--The President shall provide 
        a potentially responsible party with notice of the potential 
        applicability of this section in each written communication 
        with the party concerning the potential liability of the party.
    ``(u) Recycling Transactions.--
            ``(1) Liability clarification.--As provided in paragraphs 
        (2), (3), (4), and (5) of this subsection, a person who 
        arranged for the recycling of recyclable material or 
        transported such material shall not be liable under paragraphs 
        (3) or (4) of subsection (a) with respect to such material. A 
        determination whether or not any person shall be liable under 
        paragraph (3) or (4) of subsection (a) for any transaction not 
        covered by paragraphs (2) and (3), (4), or (5) of this 
        subsection shall be made, without regard to paragraphs (2), 
        (3), (4) and (5) of this subsection, on a case-by-case basis, 
        based on the individual facts and circumstances of such 
        transaction.
            ``(2) Recyclable material defined.--For purposes of this 
        subsection, the term `recyclable material' means scrap paper, 
        scrap plastic, scrap glass, scrap textiles, scrap rubber (other 
        than whole tires), scrap metal, or spent lead-acid, spent 
nickel-cadmium, and other spent batteries, as well as minor amounts of 
material incident to or adhering to the scrap material as a result of 
its normal and customary use prior to becoming scrap; except that such 
term shall not include--
                    ``(A) shipping containers with 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 substance that form an integral part of 
                the container) contained in or adhering thereto; or
                    ``(B) any item of material containing 
                polychlorinated biphenyls (PCBs) in excess of 50 parts 
                per million (ppm) or any new standard promulgated 
                pursuant to applicable Federal laws.
            ``(3) Transactions involving scrap paper, plastic, glass, 
        textiles, or rubber.--Transactions involving scrap paper, scrap 
        plastic, scrap glass, scrap textiles, or scrap rubber (other 
        than whole tires) shall be deemed to be arranging for recycling 
        if the person who arranged for the transaction (by selling 
        recyclable material or otherwise arranging for the recycling of 
        recyclable material) can demonstrate by a preponderance of the 
        evidence that all of the following criteria were met at the 
        time of the transaction:
                    ``(A) The recyclable material met a commercial 
                specification grade.
                    ``(B) A market existed for the recyclable material.
                    ``(C) A substantial portion of the recyclable 
                material was made available for use as feedstock for 
                the manufacture of a new saleable product.
                    ``(D) The recyclable material could have been a 
                replacement or substitute for a virgin raw material, or 
                the product to be made from the recyclable material 
                could have been a replacement or substitute for a 
                product made, in whole or in part, from a virgin raw 
                material.
                    ``(E) For transactions occurring 90 days or more 
                after the date of enactment of this subsection, the 
                person exercised reasonable care to determine that the 
                facility where the recyclable material was handled, 
                processed, reclaimed, or otherwise managed by another 
                person (hereinafter in this subsection referred to as a 
                `consuming facility') was in compliance with 
                substantive (not procedural or administrative) 
                provisions of any Federal, State, or local 
                environmental law or regulation, or compliance order or 
                decree issued pursuant thereto, applicable to the 
                handling, processing, reclamation, storage, or other 
                management activities associated with recyclable 
                material.
                    ``(F) For purposes of this paragraph, `reasonable 
                care' shall be determined using criteria that include 
                (but are not limited to)--
                            ``(i) the price paid in the recycling 
                        transaction;
                            ``(ii) the ability of the person to detect 
                        the nature of the consuming facility's 
                        operations concerning its handling, processing, 
                        reclamation, or other management activities 
                        associated with recyclable material; and
                            ``(iii) the result of inquiries made to the 
                        appropriate Federal, State, or local 
                        environmental agency (or agencies) regarding 
                        the consuming facility's past and current 
                        compliance with substantive (not procedural or 
                        administrative) provisions of any Federal, 
                        State, or local environmental law or 
                        regulation, or compliance order or decree 
                        issued pursuant thereto, applicable to the 
                        handling, processing, reclamation, storage, or 
                        other management activities associated with the 
                        recyclable material. For the purposes of this 
                        subparagraph, a requirement to obtain a permit 
                        applicable to the handling, processing, 
                        reclamation, or other management activity 
                        associated with the recyclable materials shall 
                        be deemed to be a substantive provision.
            ``(4) Transactions involving scrap metal.--
                    ``(A) Transactions involving scrap metal shall be 
                deemed to be arranging for recycling if the person who 
                arranged for the transaction (by selling recyclable 
                material or otherwise arranging for the recycling of 
                recyclable material) can demonstrate by a preponderance 
                of the evidence that at the time of the transaction--
                            ``(i) the person met the criteria set forth 
                        in paragraph (3) with respect to the scrap 
                        metal;
                            ``(ii) the person was in compliance with 
                        any applicable regulations or standards 
                        regarding the storage, transport, management, 
                        or other activities associated with the 
                        recycling of scrap metal that the Administrator 
                        promulgates under the Solid Waste Disposal Act 
                        subsequent to the enactment of this subsection 
                        and with regard to transactions occurring after 
                        the effective date of such regulations or 
                        standards; and
                            ``(iii) the person did not melt the scrap 
                        metal prior to the transaction.
                    ``(B) For purposes of subparagraph (A)(iii), 
                melting of scrap metal does not include the thermal 
                separation of 2 or more materials due to differences in 
                their melting points (referred to as `sweating').
                    ``(C) For purposes of this paragraph, the term 
                `scrap metal' means--
                            ``(i) bits and pieces of metal parts (e.g., 
                        bars, turnings, rods, sheets, wire) or metal 
                        pieces that may be combined together with bolts 
                        or soldering (e.g., radiators, scrap 
                        automobiles, railroad box cars), which when 
                        worn or superfluous can be recycled; and
                            ``(ii) notwithstanding subparagraph 
                        (A)(iii), metal byproducts from copper and 
                        copper-based alloys that--
                                    ``(I) are not 1 of the primary 
                                products of a secondary production 
                                process;
                                    ``(II) are not solely or separately 
                                produced by the production process;
                                    ``(III) are not stored in a pile or 
                                surface impoundment; and
                                    ``(IV) are sold to another recycler 
                                that is not speculatively accumulating 
                                such metal byproducts;
                except for scrap metals that the Administrator excludes 
                from this definition by regulation.
            ``(5) Transactions involving batteries.--Transactions 
        involving spent lead-acid batteries, spent nickel-cadmium 
        batteries, or other spent batteries shall be deemed to be 
        arranging for recycling if the person who arranged for the 
        transaction (by selling recyclable material or otherwise 
        arranging for the recycling of recyclable material) can 
        demonstrate by a preponderance of the evidence that at the time 
        of the transaction--
                    ``(A) the person met the criteria set forth in 
                paragraph (3) with respect to the spent lead-acid 
                batteries, spent nickel-cadmium batteries, or other 
                spent batteries, but the person did not recover the 
                valuable components of such batteries; and
                    ``(B)(i) with respect to transactions involving 
                lead-acid batteries, the person was in compliance with 
                applicable Federal environmental regulations or 
standards, and any amendments thereto, regarding the storage, 
transport, management, or other activities associated with the 
recycling of spent lead-acid batteries;
                    ``(ii) with respect to transactions involving 
                nickel-cadmium batteries, Federal environmental 
                regulations or standards are in effect regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of spent nickel-cadmium 
                batteries, and the person was in compliance with 
                applicable regulations or standards or any amendments 
                thereto; or
                    ``(iii) with respect to transactions involving 
                other spent batteries, Federal environmental 
                regulations or standards are in effect regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of such batteries, and 
                the person was in compliance with applicable 
                regulations or standards or any amendments thereto.
            ``(6) Exclusions.--
                    ``(A) The exemptions set forth in paragraphs (3), 
                (4), and (5) shall not apply if--
                            ``(i) the person had an objectively 
                        reasonable basis to believe at the time of the 
                        recycling transaction--
                                    ``(I) that the recyclable material 
                                would not be recycled;
                                    ``(II) that the recyclable material 
                                would be burned as fuel, or for energy 
                                recovery or incineration; or
                                    ``(III) for transactions occurring 
                                before 90 days after the date of the 
                                enactment of this subsection, that the 
                                consuming facility was not in 
                                compliance with a substantive (not 
                                procedural or administrative) provision 
                                of any Federal, State, or local 
                                environmental law or regulation, or 
                                compliance order or decree issued 
                                pursuant thereto, applicable to the 
                                handling, processing, reclamation, or 
                                other management activities associated 
                                with the recyclable material;
                            ``(ii) the person had reason to believe 
                        that hazardous substances had been added to the 
                        recyclable material for purposes other than 
                        processing for recycling; or
                            ``(iii) 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).
                    ``(B) For purposes of this paragraph, an 
                objectively reasonable basis for belief shall be 
                determined using criteria that include (but are not 
                limited to) the size of the person's business, 
                customary industry practices (including customary 
                industry practices current at the time of the recycling 
                transaction designed to minimize, through source 
                control, contamination of the recyclable material by 
                hazardous substances), the price paid in the recycling 
                transaction, and the ability of the person to detect 
                the nature of the consuming facility's operations 
                concerning its handling, processing, reclamation, or 
                other management activities associated with the 
                recyclable material.
                    ``(C) For purposes of this paragraph, a requirement 
                to obtain a permit applicable to the handling, 
                processing, reclamation, or other management activities 
                associated with recyclable material shall be deemed to 
                be a substantive provision.
                    ``(D) Limitation on statutory construction.--
                Nothing in this subsection--
                            ``(i) affects any rights, defenses, or 
                        liabilities under section 107(a) of any person 
                        with respect to any transaction involving any 
                        material other than a recyclable material 
                        subject to paragraph (1) of this subsection; or
                            ``(ii) relieves a plaintiff of the burden 
                        of proof that the elements of liability under 
                        section 107(a) are met under the particular 
                        circumstances of any transaction for which 
                        liability is alleged.
    ``(v) Recycling Transactions Involving Used Oil.--
            ``(1) Definition of used oil.--In this subsection, the term 
        `used oil' has the meaning given the term in section 1004 of 
        the Solid Waste Disposal Act (42 U.S.C. 6903), except that the 
        term--
                    ``(A) includes any synthetic oil; and
                    ``(B) does not include an oil that is subject to 
                regulation under section 6(e)(10)(A) of the Toxic 
                Substances Control Act (15 U.S.C. 2605(e)(10)(A)).
            ``(2) Transactions involving used oil.--Transactions 
        involving recyclable material that consists of used oil shall 
        be considered to be arranging for recycling if the person that 
        arranged for the transaction (by selling recyclable material or 
        otherwise arranging for the recycling of recyclable material)--
                    ``(A) did not mix the recyclable material with a 
                hazardous substance following the removal of the used 
                oil from service; and
                    ``(B) demonstrates by a preponderance of the 
                evidence that--
                            ``(i) at the time of the transaction, the 
                        recyclable material was sent to a facility that 
                        recycled used oil by using it as a feedstock 
                        for the manufacture of a new saleable product; 
                        or
                            ``(ii)(I) at the time of the transaction, 
                        the recyclable material or the product to be 
                        made from the recyclable material could have 
                        been a replacement or substitute, in whole or 
                        in part, for a virgin raw material;
                            ``(II) in the case of a transaction 
                        occurring on or after the date that is 90 days 
                        after the date of enactment of this section, 
                        the person exercised reasonable care to 
                        determine that the facility where the 
                        recyclable material would be handled, 
                        processed, reclaimed, or otherwise managed by 
                        another person was in compliance with 
                        substantive provisions of any Federal, State, 
                        or local environmental law (including a 
                        regulation promulgated or a compliance order or 
                        decree issued under the law) that is applicable 
                        to the handling, processing, reclamation, 
                        storage, or other management activities 
                        associated with the recyclable material; and
                            ``(III) the person was in compliance with 
                        any regulations or standards for the management 
                        of used oil promulgated under the Solid Waste 
                        Disposal Act (42 U.S.C. 6901 et seq.) that were 
                        in effect on the date of the transaction.
            ``(3) Reasonable care.--For purposes of this subsection, 
        reasonable care shall be determined using criteria that 
        include--
                    ``(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 the 
                recyclable material; and
                    ``(C) the result of inquiries made to the 
                appropriate Federal, State, or local environmental 
                agency (or agencies) regarding the consuming facility's 
                past and current compliance with substantive provisions 
                of any Federal, State, or local environmental law 
                (including a regulation promulgated or a compliance 
                order or decree issued under the law), applicable to 
                the handling, processing, reclamation, storage, or 
                other management activities associated with recyclable 
                material.
    ``(w) Limitation of Liability of Railroad Owners.--
            ``(1) In general.--Notwithstanding subsection (a), a person 
        that substantially complies with paragraph (2) with respect to 
        a facility shall not be liable under this Act to the extent 
        that liability is based solely on the status of the person as a 
        railroad owner or operator of a spur track (including a spur 
        track over land subject to an easement), to a facility that is 
        owned or operated by a person that is not affiliated with the 
        railroad owner or operator, if--
                    ``(A) the spur track provides access to a main line 
                or branch line track that is owned or operated by the 
                railroad;
                    ``(B) the spur track is not more than 10 miles 
                long; and
                    ``(C) the railroad owner or operator does not cause 
                or contribute to a release or threatened release at the 
                spur track.
            ``(2) Requirements for limitation of liability.--The 
        requirement of this paragraph is that--
                    ``(A) to the extent that the person has operational 
                control over a facility--
                            ``(i) the person provides full cooperation 
                        to, assistance to, and access to the facility 
                        by, persons that are responsible for response 
                        actions at the facility (including the 
                        cooperation and access necessary for the 
                        installation, integrity, operation, and 
                        maintenance of any complete or partial response 
                        action at the facility); and
                            ``(ii) the person takes no action to impede 
                        the effectiveness or integrity of any 
                        institutional control employed under section 
                        121 at the facility; and
                    ``(B) the person complies with any request for 
                information or administrative subpoena issued by the 
                President under this Act.
    ``(x) Religious, Charitable, Scientific, and Educational 
Organizations.--
            ``(1) Limitation on liability.--Subject to paragraph (2), 
        if an organization described in section 101(20)(I) holds legal 
        or equitable title to a vessel or facility as a result of a 
        charitable gift that is allowable as a deduction under section 
        170, 2055, or 2522 of the Internal Revenue Code of 1986 
        (determined without regard to dollar limitations), the 
        liability of the organization shall be limited to the lesser of 
        the fair market value of the vessel or facility or the actual 
        proceeds of the sale of the vessel or facility received by the 
        organization.
            ``(2) Conditions.--In order for an organization described 
        in section 101(20)(I) to be eligible for the limited liability 
        described in paragraph (1), the organization shall--
                    ``(A) substantially comply with the requirement of 
                subsection (y) with respect to the vessel or facility;
                    ``(B) provide full cooperation and assistance to 
                the United States in identifying and locating persons 
                who recently owned, operated, or otherwise controlled 
                activities at the vessel or facility;
                    ``(C) establish by a preponderance of the evidence 
                that all active disposal of hazardous substances at the 
                vessel or facility occurred before the organization 
                acquired the vessel or facility; and
                    ``(D) establish by a preponderance of the evidence 
                that the organization did not cause or contribute to a 
                release or threatened release of hazardous substances 
                at the vessel or facility.
            ``(3) Limitation.--Nothing in this subsection affects the 
        liability of a person other than a person described in section 
        101(20)(I) that meets the conditions specified in paragraph 
        (2).''.
            (2) Transition rules.--
                    (A) In general.--The exemptions under subsections 
                (q), (r), (s), (v), and (w) of section 107 of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9607(q), 9607(r), 
                9607(s)) (as added by paragraph (1)) shall not apply to 
                any administrative settlement or any settlement or 
                judgment approved by a United States Federal District 
                Court--
                            (i) before the date of enactment of this 
                        Act; or
                            (ii) not later than 180 days after the date 
                        of enactment of this Act.
                    (B) Effect on pending or concluded actions.--The 
                exemptions provided in subsection (u) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9607(u)) (as added by 
                paragraph (1)) 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 Act.
    (c) Service Station Dealers.--Section 114(c) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9614(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``No person'' and inserting ``A 
                person'';
                    (B) by striking ``may recover'' and inserting ``may 
                not recover'';
                    (C) by striking ``if such recycled oil'' and 
                inserting ``unless the service station dealer''; and
                    (D) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) mixed the recycled oil with any other 
                hazardous substance; or
                    ``(B) did not store, treat, transport, or otherwise 
                manage the recycled oil in compliance with any 
                applicable regulations or standards promulgated under 
                section 3014 of the Solid Waste Disposal Act (42 U.S.C. 
                6935) and other applicable authorities that were in 
                effect on the date of such activity.''; and
            (2) by striking paragraph (4).

SEC. 302. EXPEDITED SETTLEMENT FOR CERTAIN PARTIES.

    (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) by striking the subsection heading and inserting the 
        following:
    ``(g) Expedited Final Settlement.--'';
            (2) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (B) by striking ``(1)'' and all that follows 
                through subparagraph (A) and inserting the following:
            ``(1) Parties eligible.--
                    ``(A) In general.--As expeditiously as practicable, 
                the President shall--
                            ``(i) notify each potentially responsible 
                        party that meets 1 or more of the conditions 
                        stated in subparagraphs (B), (C), and (D) of 
                        the party's eligibility for a settlement; and
                            ``(ii) offer to reach a final 
                        administrative or judicial settlement with the 
                        party.
                    ``(B) De minimis contribution.--The condition 
                stated in this subparagraph is that the liability is 
                for response costs based on paragraph (3) or (4) of 
                section 107(a) and the party's contribution of a 
                hazardous substance at a facility is de minimis. For 
                the purposes of this subparagraph, a potentially 
                responsible party's contribution shall be considered to 
                be de minimis only if the President determines that 
                both of the following criteria are met:
                            ``(i) Minimal amount of material.--The 
                        amount of material containing a hazardous 
                        substance contributed by the potentially 
                        responsible party to the facility is minimal 
                        relative to the total amount of material 
                        containing hazardous substances at the 
                        facility. The amount of a potentially 
                        responsible party's contribution shall be 
                        presumed to be minimal if the amount is 1 
                        percent or less of the total amount of material 
                        containing a hazardous substance at the 
                        facility, unless the Administrator promptly 
                        identifies a greater threshold based on site-
                        specific factors.
                            ``(ii) Hazardous effects.--The material 
                        containing a hazardous substance contributed by 
                        the potentially responsible party does not 
                        present toxic or other hazardous effects that 
                        are significantly greater than the toxic or 
                        other hazardous effects of other material 
                        containing a hazardous substance at the 
                        facility.'';
                    (C) in subparagraph (C) (as redesignated by 
                subparagraph (A))--
                            (i) by redesignating clauses (i) through 
                        (iii) as subclauses (I) through (III), 
                        respectively, and adjusting the margins 
                        appropriately;
                            (ii) by striking ``(C) The potentially 
                        responsible party'' and inserting the 
                        following:
                    ``(C) Owners of real property.--
                            ``(i) In general.--The condition stated in 
                        this subparagraph is that the potentially 
                        responsible party''; and
                            (iii) by striking ``This subparagraph (B)'' 
                        and inserting the following:
                            ``(ii) Applicability.--Clause (i)''; and
                    (D) by adding at the end the following:
                    ``(D) Reduction in settlement amount based on 
                limited ability to pay.--
                            ``(i) In general.--The condition stated in 
                        this subparagraph is that--
                                    ``(I) the potentially responsible 
                                party is--
                                            ``(aa) a natural person;
                                            ``(bb) a small business; or
                                            ``(cc) a municipality;
                                    ``(II) the potentially responsible 
                                party demonstrates an inability to pay 
                                or has only a limited ability to pay 
                                response costs, as determined by the 
                                Administrator under a regulation 
                                promulgated by the Administrator, 
                                after--
                                            ``(aa) public notice and 
                                        opportunity for comment; and
                                            ``(bb) consultation with 
                                        the Administrator of the Small 
                                        Business Administration and the 
                                        Secretary of Housing and Urban 
                                        Development; and
                                    ``(III) in the case of a 
                                potentially responsible party that is a 
                                small business, the potentially 
                                responsible party does not qualify for 
                                the small business exemption under 
                                section 107(s) because of the 
                                application of section 107(s)(2).
                            ``(ii) Small businesses.--
                                    ``(I) Definition of small 
                                business.--In this subparagraph, the 
                                term `small business' means a business 
                                entity that--
                                            ``(aa) during the taxable 
                                        year preceding the date of 
                                        transmittal of notification 
                                        that the business is a 
                                        potentially responsible party, 
                                        had full- and part-time 
                                        employees whose combined time 
was equivalent to that of 75 or fewer full-time employees or for that 
taxable year reported $3,000,000 or less in gross revenue; and
                                            ``(bb) is not affiliated 
                                        through any familial or 
                                        corporate relationship with any 
                                        person that is or was a party 
                                        potentially responsible for 
                                        response costs at the facility.
                                    ``(II) Considerations.--At the 
                                request of a small business, the 
                                President shall take into consideration 
                                the ability of the small business to 
                                pay response costs and still maintain 
                                its basic business operations, 
                                including--
                                            ``(aa) consideration of the 
                                        overall financial condition of 
                                        the small business; and
                                            ``(bb) demonstrable 
                                        constraints on the ability of 
                                        the small business to raise 
                                        revenues.
                                    ``(III) Information.--A small 
                                business requesting settlement under 
                                this paragraph shall promptly provide 
                                the President with all information 
                                needed to determine the ability of the 
                                small business to pay response costs.
                                    ``(IV) Determination.--A small 
                                business shall demonstrate the extent 
                                of its ability to pay response costs, 
                                and the President shall perform any 
                                analysis that the President determines 
                                may assist in demonstrating the impact 
                                of a settlement on the ability of the 
                                small business to maintain its basic 
                                operations. The President, in the 
                                discretion of the President, may 
                                perform such an analysis for any other 
                                party or request the other party to 
                                perform the analysis.
                                    ``(V) Alternative payment 
                                methods.--If the President determines 
                                that a small business is unable to pay 
                                its total settlement amount 
                                immediately, the President shall 
                                consider such alternative payment 
                                methods as may be necessary or 
                                appropriate.
                            ``(iii) Municipalities.--
                                    ``(I) Considerations.--The 
                                President shall consider the inability 
                                or limited ability to pay of a 
                                municipality to the extent that the 
                                municipality provides information with 
                                respect to--
                                            ``(aa) the general 
                                        obligation bond rating and 
                                        information about the most 
                                        recent bond issue for which the 
                                        rating was prepared;
                                            ``(bb) the amount of total 
                                        available funds (other than 
                                        dedicated funds or State 
                                        assistance payments for 
                                        remediation of inactive 
                                        hazardous waste sites);
                                            ``(cc) the amount of total 
                                        operating revenues (other than 
                                        obligated or encumbered 
                                        revenues);
                                            ``(dd) the amount of total 
                                        expenses;
                                            ``(ee) the amounts of total 
                                        debt and debt service;
                                            ``(ff) per capita income 
                                        and cost of living;
                                            ``(gg) real property 
                                        values;
                                            ``(hh) unemployment 
                                        information; and
                                            ``(ii) population 
                                        information.
                                    ``(II) Evaluation of impact.--A 
                                municipality may submit for 
                                consideration by the President an 
                                evaluation of the potential impact of 
                                the settlement on the provision of 
                                municipal services and the feasibility 
                                of making delayed payments or payments 
                                over time.
                                    ``(III) Risk of default or 
                                violation.--A municipality may 
                                establish an inability to pay for 
                                purposes of this subparagraph by 
                                showing that payment of its liability 
                                under this Act would--
                                            ``(aa) create a substantial 
                                        demonstrable risk that the 
                                        municipality would default on 
                                        debt obligations existing as of 
                                        the time of the showing, go 
                                        into bankruptcy, be forced to 
                                        dissolve, or be forced to make 
                                        budgetary cutbacks that would 
                                        substantially reduce the level 
                                        of protection of public health 
                                        and safety; or
                                            ``(bb) necessitate a 
                                        violation of legal requirements 
                                        or limitations of general 
                                        applicability concerning the 
                                        assumption and maintenance of 
                                        fiscal municipal obligations.
                                    ``(IV) Other factors relevant to 
                                settlements with municipalities.--In 
                                determining an appropriate settlement 
                                amount with a municipality under this 
                                subparagraph, the President may 
                                consider other relevant factors, 
                                including the fair market value of any 
                                in-kind services that the municipality 
                                may provide to support the response 
                                action at the facility.
                            ``(iv) Other potentially responsible 
                        parties.--This subparagraph does not affect the 
                        President's authority to evaluate the ability 
to pay of a potentially responsible party other than a natural person, 
small business, or municipality or to enter into a settlement with such 
other party based on that party's ability to pay.
                    ``(E) Additional conditions for expedited 
                settlements.--
                            ``(i) 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.''.
    (b) Settlement Offers.--Section 122(g) of the Comprehensive 
Environment Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9622(g)) is amended--
            (1) by redesignating paragraph (6) as paragraph (7); 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.''.

SEC. 303. FAIR SHARE SETTLEMENTS AND STATUTORY ORPHAN SHARES.

    (a) In General.--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) Fair Share Allocation.--
            ``(1) Process.--The President shall initiate an impartial 
        fare share allocation, conducted by a neutral third party, at 
        National Priorities List facilities, if--
                    ``(A) there is more than 1 potentially responsible 
                party that is not--
                            ``(i) eligible for an exemption or 
                        limitation under subsection (q), (r), (s), (t), 
                        (u), (v), (w), or (x) of section 107;
                            ``(ii) eligible for a settlement under 
                        subsection (g); or
                            ``(iii) insolvent, bankrupt, or defunct; 
                        and
                    ``(B) 1 or more of the potentially responsible 
                parties agree to bear the costs of the allocation 
                (which shall be considered to be response costs under 
                this Act) under such conditions as the President may 
                prescribe.
            ``(2) Pre-allocation settlements.--
                    ``(A) In general.--Before initiating the 
                allocation, the President may--
                            ``(i) provide a 90-day period of 
                        negotiation; and
                            ``(ii) extend the period of negotiation 
                        described in clause (i) for an additional 90 
                        days.
                    ``(B) Alternative dispute resolution.--The 
                President may use the services of an alternative 
                dispute resolution neutral to assist in negotiations.
                    ``(C) Settlement.--On expiration of a negotiation 
                period described in subparagraph (A), the President may 
                offer to settle the liability of 1 or more of the 
                parties.
                    ``(D) Response action.--
                            ``(i) In general.--As a condition of a 
                        settlement under this subsection, the President 
                        may require 1 or more parties to conduct a 
                        response action at the facility.
                            ``(ii) Funding and costs.--An agreement for 
                        a required response action described in clause 
                        (i) may include mixed funding under this 
                        section, including the forgiveness of past 
                        costs.
            ``(3) Expedited allocation.--
                    ``(A) In general.--At the request of any party 
                subject to the allocation, the allocator may first 
                accept the President's estimate of the statutory orphan 
                share specified under subsection (o).
                    ``(B) Settlement based on statutory orphan share.--
                The President may offer to settle the liability of any 
                party based on--
                            ``(i) the statutory orphan share as 
                        accepted by the allocator;
                            ``(ii) the party's pro rata share of the 
                        statutory orphan; and
                            ``(iii) other terms and conditions 
                        acceptable to the United States.
            ``(4) Factors.--In conducting an allocation under this 
        subsection, the allocator, without regard to any theory of 
        joint and several liability, shall estimate the fair share of 
        each potentially responsible party using principles of equity, 
        the best information reasonably available to the President, and 
        the following factors:
                    ``(A) the quantity of hazardous substances 
                contributed by each party;
                    ``(B) the degree of toxicity of hazardous 
                substances contributed by each party;
                    ``(C) the mobility of hazardous substances 
                contributed by each party;
                    ``(D) the degree of involvement of each party in 
                the generation, transportation, treatment, storage, or 
                disposal of hazardous substances;
                    ``(E) the degree of care exercised by each party 
                with respect to hazardous substances, taking into 
                account the characteristics of the hazardous 
                substances;
                    ``(F) the cooperation of each party in contributing 
                to any response action and in providing complete and 
                timely information to the United States or the 
                allocator; and
                    ``(G) such other equitable factors as the President 
                considers appropriate.
            ``(5) Scope.--A fair share allocation under this subsection 
        shall include any response costs at a National Priorities List 
        facility that are not addressed in an administrative settlement 
        or a settlement or a judgment approved by a United States 
        Federal District Court.
            ``(6) Settlements based on allocations.--
                    ``(A) In general.--A party may settle any liability 
                to the United States for response costs under this Act 
for its allocated fair share, including a reasonable risk premium that 
reflects uncertainties existing at the time of settlement.
                    ``(B) Completion of obligations.--A person that is 
                undertaking a response action under an administrative 
                order issued under section 106 or has entered into a 
                settlement decree with the United States of a State as 
                of the date of enactment of this subsection shall 
                complete the person's obligations under the order or 
                settlement decree.
                    ``(C) Joint rejection.--The President and the 
                Attorney General may jointly reject an allocation 
                report, in writing, if--
                            ``(i) the allocation does not provide a 
                        basis for settlement that is fair, reasonable, 
                        and consistent with the objectives of this Act; 
                        or
                            ``(ii) the allocation process was directly 
                        and substantially affected by bias, procedural 
                        error, fraud, or unlawful conduct.
                    ``(D) Subsequent allocation.--
                            ``(i) In general.--If the Administrator and 
                        the Attorney General jointly reject an 
                        allocation report under subparagraph (C), the 
                        President shall initiate another impartial fair 
                        share allocation.
                            ``(ii) Costs.--The United States shall bear 
                        50 percent of the costs of a subsequent 
                        allocation if an initial allocation is rejected 
                        under subparagraph (C)(i).
            ``(7) Unfunded and unattributable shares.--Any share 
        attributable to an insolvent, defunct, or bankrupt party, or a 
        share that cannot be attributed to any particular party, shall 
        be allocated among any responsible parties not described in 
        subsection (q), (r), (s), (t), (u), (v), (w), or (x) of section 
        107 or subsection (g) of this section.
            ``(8) Savings.--The President may use the authority under 
        this section to enter into settlement agreements with respect 
        to any response action that is the subject of an allocation at 
        any time.
            ``(9) Effect on principles of liability.--Except as 
        provided in paragraph (4), the authorization of an allocation 
        process under this section shall not modify or affect the 
        principles of liability under this title as determined by the 
        courts of the United States.
    ``(o) Statutory Orphan Shares.--
            ``(1) In general.--For purposes of this section, the 
        statutory orphan share is the difference between--
                    ``(A) the liability of a party described in 
                subsection (q), (s), (t), (u), (v), (w), or (x) of 
                section 107 or subsection (g) of this section; and
                    ``(B) the President's estimate of the liability of 
                the party, notwithstanding any exemption from or 
                limitation on liability in this Act, for response costs 
                that are not addressed in an administrative settlement 
                or a settlement or judgment approved by a United States 
                district court.
            ``(2) Determination of statutory orphan shares.--The 
        President shall include an estimate of the statutory orphan 
        share of a party described in section 107(t) or subsection (g) 
        of this section, based on the best information reasonably 
        available to the President, at any time at which the President 
        seeks judicial approval of a settlement with the party.
            ``(3) Transition rule and subsequent settlements.--
                    ``(A) In general.--Each settlement presented for 
                judicial approval on or after the date that is 1 year 
                after the date of enactment of this subsection shall 
                include an estimate of the statutory orphan share for 
                each party described in subsections (q), (s), and (u) 
                of section 107 that is otherwise liable at a facility 
                for costs addressed in the settlement.
                    ``(B) Subsequent settlements.--The President shall 
                include in a subsequent settlement at the same facility 
                a revised statutory orphan share estimate if the 
                President--
                            ``(i) determines that the subsequent 
                        settlement includes a new statutory orphan 
                        share; or
                            ``(ii) has good cause to revise an earlier 
                        statutory orphan share estimate.
            ``(4) Final settlements.--
                    ``(A) In general.--An administrative settlement, or 
                a judicially-approved consent decree or settlement, 
                shall identify the statutory orphan share owing if the 
                consent decree or settlement includes all funding 
                necessary to complete remedial project construction for 
                the last operable unit at the facility.
                    ``(B) Funding and reimbursement.--A consent decree 
                or settlement described in subparagraph (A) shall 
                include funding of statutory orphan shares in 
                accordance with this section to the extent funds are 
                available.
                    ``(C) Facilities under unilateral order only.--
                            ``(i) In general.--At a facility proceeding 
                        under an order under section 106(a) that 
                        includes all funding necessary to complete 
                        remedial project construction for the last 
                        operable unit at the facility, if the order has 
                        been issued to 1 or more parties, and all other 
                        potentially responsible parties not subject to 
                        the order at the facility are described in 
                        subsection (q), (r), (s), (t), (u), (v), (w), 
                        or (x) of section 107 or subsection (g) of this 
                        section or are insolvent, bankrupt, or defunct, 
                        the Administrator shall, on petition by the 
                        party performing under section 106(b), 
                        calculate the statutory orphan share for the 
                        facility.
                            ``(ii) Payment.--Payment of any statutory 
                        orphan share under this subparagraph shall be 
                        made in accordance with subsection (p)(2)(J), 
                        as if the parties had settled.
    ``(p) General Provisions Applicable to Statutory Orphan Shares and 
Fair Share Settlements.--
            ``(1) In general.--A fair share settlement under subsection 
        (n) and a statutory orphan share under subsection (o) shall be 
        subject to paragraph (2).
            ``(2) Provisions applicable to statutory orphan shares and 
        fair share settlements.--
                    ``(A) Stay of litigation and enforcement.--
                            ``(i) In general.--All contribution and 
                        cost recovery actions under this Act against 
                        each party described in section 107(t) and 
                        subsection (g) of this section are stayed until 
                        the Administrator offers those parties a 
                        settlement.
                            ``(ii) Suspension of statute of 
                        limitations.--Any statute of limitations 
                        applicable to an action described in clause (i) 
                        is suspended during the period that a stay 
                        under this subparagraph is in effect.
                    ``(B) Failure or inability to comply.--If the 
                President fails to fund a statutory orphan share, 
                reimburse a party, or include a statutory orphan share 
                estimate in any settlement when required to do so under 
                this Act, the President shall not--
                            ``(i) issue any new order under section 106 
                        at the facility to any non-Federal party; or
                            ``(ii) commence or maintain any new or 
                        existing action to recover response costs at 
                        the facility.
                    ``(C) Amounts owed.--
                            ``(i) Hazardous substance superfund 
                        management.--The President may provide partial 
                        statutory orphan share funding and partial 
                        reimbursement payments to a party on a schedule 
                        that ensures an equitable distribution of 
                        payments to all eligible parties on a timely 
                        basis.
                            ``(ii) Priority.--The priority for partial 
                        payments shall be based on the length of time 
                        that has passed since the payment obligation 
                        arose.
                            ``(iii) Payment from funds made available 
                        for subsequent fiscal years.--Any amounts 
                        payable in excess of available appropriations 
                        in any fiscal year shall be paid from amounts 
                        made available for subsequent fiscal years, 
                        along with interest on the unpaid balances at 
                        the rate equal to that of the current average 
                        market yield on outstanding marketable 
                        obligations of the United States with a 
                        maturity of 1 year.
                    ``(D) Contribution protection.--
                            ``(i) In general.--A settlement under this 
                        subsection, subsection (g), or section 107(t) 
                        shall provide complete protection from all 
                        claims for contribution or cost recovery for 
                        response costs that are addressed in the 
                        settlement.
                            ``(ii) Costs beyond scope of allocation.--
                        In the case of response costs at a facility 
                        that, as a result of a prior, administrative or 
                        judicially-approved settlement at the 
facility, are not within the scope of an allocation under subsection 
(n), a party shall retain the right to seek cost recovery or 
contribution from any other party in accordance with the prior 
settlement, except that no party may seek contribution for any response 
costs at the facility from--
                                    ``(I) a party described in 
                                subsection (q), (r), (s), (u), (v), 
                                (w), or (x) of section 107; or
                                    ``(II) a party that has settled its 
                                liability under section 107(t) or 
                                subsection (g) of this section.
                    ``(E) Liability for attorney's fees for certain 
                actions.--A person that, after the date of enactment of 
                this subsection, commences a civil action for 
                contribution under this Act against a person that is 
                not liable by operation of subsections (q), (r), (s), 
                or (u) of section 107, or has resolved its liability to 
                the United States under subsection (n), subsection (g), 
                or section 107(t), shall be liable to that person for 
                all reasonable costs of defending the action, including 
                all reasonable attorney's fees and expert witness fees.
                    ``(F) Illegal activities.--Subsections (q), (r), 
                (s), (t), (u), (v), (w), and (x) of section 107 and 
                subsection (g) of this section shall not apply to--
                            ``(i) any person whose liability for 
                        response costs under section 107(a) is 
                        otherwise based on any act, omission, or status 
                        that is determined by a court or administrative 
                        body of competent jurisdiction, within the 
                        applicable statute of limitation, to have been 
                        a violation of any Federal or State law 
                        pertaining to the treatment, storage, disposal, 
                        or handling of hazardous substances if the 
                        violation pertains to a hazardous substance, 
                        the release or threat of release of which 
                        caused the incurrence of response costs at the 
                        vessel or facility;
                            ``(ii) a person described in section 
                        107(o); or
                            ``(iii) a bona fide prospective purchaser.
                    ``(G) Exception.--
                            ``(i) In general.--The President may 
                        decline to reimburse or offer a settlement to a 
                        potentially responsible party under subsections 
(g) and (n) if the President makes a decision concerning a 
reimbursement or offer of a settlement under clause (ii).
                            ``(ii) Requirements for reimbursement or 
                        offer of a settlement.--A potentially 
                        responsible party may be denied a reimbursement 
                        or settlement under clause (i)--
                                    ``(I) to the extent that the person 
                                or entity has operational control over 
                                a vessel or facility, if--
                                            ``(aa) the person or entity 
                                        fails to provide full 
                                        cooperation to, assistance to, 
                                        and access to the vessel or 
                                        facility to persons that are 
                                        responsible for response 
                                        actions at the vessel or 
                                        facility (including the 
                                        cooperation and access 
                                        necessary for the installation, 
                                        integrity, operation, and 
                                        maintenance of any complete or 
                                        partial response actions at the 
                                        vessel or facility); or
                                            ``(bb) the person or entity 
                                        acts in such a way as to impede 
                                        the effectiveness or integrity 
                                        of any institutional control 
                                        employed at the vessel or 
                                        facility; or
                                    ``(II) if the person or entity 
                                fails to comply with any request for 
                                information or administrative subpoena 
                                issued by the President under this Act.
                    ``(H) 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.
                    ``(I) Waiver.--
                            ``(i) Response costs in allocation.--A 
                        party that settles its liability under this 
                        subsection waives the right to seek cost 
                        recovery or contribution under this Act for any 
                        response costs that are addressed in the 
                        allocation.
                            ``(ii) Response costs of facility.--A party 
                        that settles its liability under subsection (g) 
                        or section 107(t) waives its right to seek cost 
                        recovery or contribution under this Act for any 
                        response costs at the facility.
                    ``(J) Performance of response actions.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (B), the President may require, as 
                        a condition of settlement under subsection (n) 
                        and section 107(t), that 1 or more parties 
                        conduct a response action at the facility.
                            ``(ii) Reimbursement.--
                                    ``(I) In general.--The President 
                                shall reimburse a party that settles 
                                its liability under subsection (n) or 
                                section 107(t) for response costs 
                                incurred in performing a response 
                                action that exceed the amount of a 
                                settlement approved under subsection 
                                (n) or section 107(t).
                                    ``(II) Pro rata reimbursement.--The 
                                President shall provide equitable pro 
                                rata reimbursement to such parties on 
                                at least an annual basis.
                            ``(iii) Response actions.--No party 
                        described in subsections (q), (r), (s), (u), 
                        (v), (w) or (x) of section 107 or subsection 
                        (g) of this section may be required to perform 
                        a response action as a condition of settlement 
or ordered to conduct a response action under section 106.
                    ``(K) Judicial review.--
                            ``(i) In general.--A court shall not 
                        approve any settlement under this Act unless 
                        the settlement includes an estimate of the 
                        statutory orphan share that is fair, reasonable 
                        and consistent with this Act.
                            ``(ii) Statutory orphan share settlement.--
                        If a court determines that an estimate of a 
                        statutory orphan share is not fair, reasonable, 
                        or consistent with this Act, the court may--
                                    ``(I) approve the settlement; and
                                    ``(II) disapprove and remand the 
                                estimate of the statutory orphan 
                                share.''.
    (b) Regulations.--The President shall issue regulations to 
implement this title not later than 180 days after the date of 
enactment of this Act.
    (c) Technical Amendment.--Section 106(b)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9706(b)(1)) is amended by adding at the end the following: `The 
conduct or approval of an allocation of liability under this Act, 
including any settlement of liability with a party based on the 
allocation, shall not constitute sufficient cause for any party 
(including a party that settled its liability based on the allocation) 
to willfully violate, or fail or refuse to comply with, any order of 
the President under subsection (a).''.
    (d) Law Enforcement Agencies Not Included as Owner or Operator.--
Section 101(20)(D) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20(D)) is 
amended by inserting after ``or control'' the following: ``through 
seizure or otherwise in connection with law enforcement activity, or''.
    (e) Common Carriers.--Section 107(b)(3) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(b)(3)) is amended by striking ``a published tariff and 
acceptance'' and inserting ``a contract''.

SEC. 304. TREATMENT OF RELIGIOUS, CHARITABLE, SCIENTIFIC, AND 
              EDUCATIONAL ORGANIZATIONS AS OWNERS OR OPERATORS.

    Section 101(20) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is amended 
by adding at the end the following:
                    ``(H) Religious, charitable, scientific, and 
                educational organizations.--The term `owner or 
                operator' includes an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 that is 
                organized and operated exclusively for religious, 
                charitable, scientific, or educational purposes and 
                that holds legal or equitable title to a vessel or 
                facility.''.

        TITLE IV--REMEDY SELECTION AND NATURAL RESOURCE DAMAGES

SEC. 401. SELECTION AND IMPLEMENTATION OF REMEDIAL ACTIONS.

    (a) Preference for Treatment.--Section 121(b) of the Comprehensive 
Environmental Response Compensation, and Liability Act of 1980 (42 
U.S.C. 9621(b)) is amended by striking paragraph (1) and inserting the 
following:
            ``(1) Preference for treatment.--
                    ``(A) In general.--For any discrete area containing 
                a principal hazardous constituent of a hazardous 
                substance, pollutant, or contaminant that, based on 
                site specific factors, presents a substantial risk to 
                human health or the environment because of--
                            ``(i) the high toxicity of the principal 
                        hazardous constituent; or
                            ``(ii) the high mobility of the principal 
                        hazardous constituent;
                the remedy selection process shall include a preference 
                for a remedial action that includes treatment that 
                reduces the risk posed by the principal hazardous 
                constituent over remedial actions that do not include 
                such treatment.
                    ``(B) Final containment.--With respect to a 
                discrete area described in subparagraph (A), the 
                President may select a final containment remedy at a 
                landfill or mining site or similar facility if--
                            ``(i)(I) the discrete area is small 
                        relative to the overall volume of waste or 
                        contamination being addressed;
                            ``(II) the discrete area is not readily 
                        identifiable and accessible; and
                            ``(III) without the presence of the 
                        discrete area, containment would have been 
                        selected as the appropriate remedy under this 
                        subsection for the larger body of waste or 
                        larger area of contamination in which the 
                        discrete area is located; or
                            ``(ii) the volume and size of the discrete 
                        area is extraordinary compared to other 
                        facilities listed on the National Priorities 
                        List, and, because of the volume, size, and 
                        other characteristics of the discrete area, it 
                        is highly unlikely that any treatment 
                        technology will be developed that could be 
                        implemented at a reasonable cost.''.
    (b) Compliance With Federal and State Laws.--Section 121(d)(2) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9621(d)(2)) is amended by striking subparagraph 
(C) and inserting the following:
                    ``(C) Compliance with federal and state laws.--
                            ``(i) Applicable requirements.--
                                    ``(I) In general.--Subject to 
                                clause (iii), a remedial action shall 
                                require, at the completion of the 
                                remedial action, a level or standard of 
                                control for each hazardous substance, 
                                pollutant, and contaminant that at 
                                least attains the substantive 
                                requirements of all promulgated 
                                standards, requirements, criteria, and 
                                limitations, under--
                                            ``(aa) each Federal 
                                        environmental law, that are 
                                        legally applicable to the 
                                        conduct or operation of the 
                                        remedial action or to the level 
                                        of cleanup for hazardous 
                                        substances, pollutants, or 
                                        contaminants addressed by the 
                                        remedial action;
                                            ``(bb) any State 
                                        environmental or facility 
                                        siting law, that are more 
                                        stringent than any Federal 
                                        standard, requirement, 
                                        criterion, or limitation and 
                                        are legally applicable to the 
                                        conduct or operation of the 
                                        remedial action or to the level 
                                        of cleanup for hazardous 
                                        substances, pollutants, or 
                                        contaminants addressed by the 
                                        remedial action, and that the 
                                        State demonstrates are of 
                                        general applicability, 
                                        publishes and identifies to the 
                                        President in a timely manner as 
                                        being applicable to the 
                                        remedial action, and has 
                                        consistently applied to other 
                                        remedial actions in the State; 
                                        and
                                            ``(cc) any more stringent 
                                        standard, requirement, 
                                        criterion, or limitation 
                                        relating to an environmental or 
                                        facility siting law promulgated 
                                        by the State after the date of 
                                        enactment of the Superfund 
                                        Amendments and Reauthorization 
                                        Act of 1999 that the State 
                                        demonstrates is of general 
                                        applicability, publishes and 
                                        identifies to the President in 
                                        a timely manner as being 
applicable to the remedial action, and has consistently applied to 
other remedial actions in the State.
                                    ``(II) Contaminated media.--
                                Compliance with substantive provisions 
                                of section 3004 of the Solid Waste 
                                Disposal Act (42 U.S.C. 6924) shall not 
                                be required with respect to return, 
                                replacement, or disposal of 
                                contaminated media (including residuals 
                                of contaminated media and other solid 
                                wastes generated onsite in the conduct 
                                of a remedial action) into the same 
                                media in or very near then-existing 
                                areas of contamination onsite at a 
                                facility.
                            ``(ii) Applicability of requirements to 
                        response actions conducted onsite.--No 
                        procedural or administrative requirement of any 
                        Federal, State, or local law (including any 
                        requirement for a permit) shall apply to a 
                        response action that is conducted onsite at a 
                        facility if the response action is selected and 
                        carried out in compliance with this section.
                            ``(iii) Waiver provisions.--
                                    ``(I) In general.--The President 
                                may select a remedial action at a 
                                facility that meets the requirements of 
                                subparagraph (B) that does not attain a 
                                level or standard of control that is at 
                                least equivalent to an applicable 
                                requirement described in clause (i)(I) 
                                if the President makes any of the 
                                following findings:
                                            ``(aa) Part of remedial 
                                        action.--The selected remedial 
                                        action is only part of a total 
                                        remedial action that will 
                                        attain the applicable 
                                        requirements of clause (i)(I) 
                                        when the total remedial action 
                                        is completed.
                                            ``(bb) Greater risk.--
                                        Attainment of the requirements 
                                        of clause (i)(I) will result in 
                                        greater risk to human health or 
                                        the environment than 
                                        alternative options.
                                            ``(cc) Technical 
                                        impracticability.--Attainment 
                                        of the requirements of clause 
                                        (i)(I) is technically 
                                        impracticable.
                                            ``(dd) Equivalent to 
                                        standard of performance.--The 
                                        selected remedial action will 
                                        attain a standard of 
                                        performance that is equivalent 
                                        to that required under clause 
                                        (i)(I) through use of another 
                                        method or approach.
                                            ``(ee) Inconsistent 
                                        application.--With respect to a 
                                        State requirement made 
                                        applicable under clause (i)(I), 
                                        the State has not consistently 
                                        applied (or demonstrated the 
                                        intention to apply 
                                        consistently) the requirement 
                                        in similar circumstances to 
                                        other remedial actions in the 
                                        State.
                                            ``(ff) Balance.--In the 
                                        case of a remedial action to be 
                                        funded predominantly under 
                                        section 104 using amounts from 
                                        the Fund, a selection of a 
                                        remedial action that attains 
                                        the level or standard of 
                                        control described in clause 
                                        (i)(I) will not provide a 
                                        balance between the need for 
                                        protection of public health and 
                                        welfare and the environment at 
                                        the facility, and the need to 
                                        make amounts from the Fund 
                                        available to respond to other 
                                        facilities that may present a 
                                        threat to public health or 
                                        welfare or the environment, 
                                        taking into consideration the 
                                        relative immediacy of the 
                                        threats presented by the 
                                        various facilities.
                                    ``(II) Publication.--The President 
                                shall publish any findings made under 
                                subclause (I), including an explanation 
                                and appropriate documentation and an 
                                explanation of how the selected 
                                remedial action meets the requirements 
                                of this section.
                    ``(D) No standard.--If no applicable Federal or 
                State standard is established for a specific hazardous 
                substance, pollutant, or contaminant, a remedial action 
                shall attain a standard that the President determines 
                to be protective of human health and the environment.

SEC. 402. USE OF RISK ASSESSMENT IN REMEDY SELECTION.

    (a) In General.--Section 121(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(a)) 
is amended by adding at the end the following: ``In selecting an 
appropriate remedial action, the President shall conduct and utilize a 
facility-specific risk evaluation in accordance with section 129.''.
    (b) Facility-Specific Risk Evaluations.--Title I of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) (as amended by section 201(b)) is 
amended by adding at the end the following:

``SEC. 129. FACILITY-SPECIFIC RISK EVALUATIONS.

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

SEC. 403. NATURAL RESOURCE DAMAGES.

    Section 107(f)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)), is 
amended by striking the fifth sentence (beginning ``The measure of 
damages'') and inserting the following: ``The measure of damages in any 
action under subsection (a)(4)(C) may include only the reasonable costs 
of: (i) restoring, replacing or acquiring the equivalent (referred to 
collectively as ``restoration'') of an injured, destroyed or lost 
natural resource to reinstate the human uses and environmental 
functions of the natural resource; (ii) providing a substantially 
equivalent resource during the period of any interim lost use of the 
injured, destroyed or lost resource to the extent that a substitute 
resource providing the uses is not otherwise reasonably available; and 
(iii) assessing the damages. Where a unique resource has been 
destroyed, lost, or cannot be restored, the measure of damages may 
include the reasonable costs of expediting or enhancing the restoration 
of appropriate substitute resources. For purposes of this paragraph, 
reasonable costs of alternative restoration measures shall be 
determined based on the following factors: technical feasibility; cost 
effectiveness; the period of time required for restoration; and whether 
a response action or natural recovery will reinstate the uses provided 
by a natural resource within a reasonable period of time.''.

SEC. 404. DOUBLE RECOVERY.

    Section 107(f)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)) is 
amended by striking the sixth sentence (beginning ``There shall be 
no'') and inserting the following: ``A person shall not be liable for 
damages under this paragraph for an injury to, destruction of, or loss 
of a natural resource, or a loss of the uses provided by the natural 
resource, that have been recovered under this Act or any other Federal, 
State or Tribal law for the same injury to, destruction of, or loss of 
the natural resource or loss of the uses provided by the natural 
resource.''.

                            TITLE V--FUNDING

SEC. 501. USES OF HAZARDOUS SUBSTANCE SUPERFUND.

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 is amended by striking sections 111 and 112 
(9611, 9612) and inserting the following:

``SEC. 111. USES OF HAZARDOUS SUBSTANCE SUPERFUND.

    ``(a) In General.--
            ``(1) Specific uses.--The President shall use amounts 
        appropriated out of the Hazardous Substance Superfund only--
                    ``(A) for the performance of response actions;
                    ``(B) to enter into mixed funding agreements in 
                accordance with section 122; and
                    ``(C) to reimburse a party for response costs 
                incurred in excess of the allocated share of the party 
                as described in a final settlement under section 122.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated from the Hazardous Substances 
        Superfund for the purposes specified in paragraph (1), not more 
        than the following amounts:
                    ``(A) For fiscal year 2000, $1,165,000,000, of 
                which not more than $200,000,000 shall be used for the 
                purposes set forth in subparagraphs (B) and (C) of 
                paragraph (1);
                    ``(B) For fiscal year 2001, $1,165,000,000, of 
                which not more than $200,000,000 shall be used for the 
                purposes set forth in subparagraphs (B) and (C) of 
                paragraph (1);
                    ``(C) For fiscal year 2002, $1,120,000,000, of 
                which not more than $200,000,000 shall be used for the 
                purposes set forth in subparagraphs (B) and (C) of 
                paragraph (1);
                    ``(D) For fiscal year 2003, $1,075,000,000, of 
                which not more than $200,000,000 shall be used for the 
                purposes set forth in subparagraphs (B) and (C) of 
                paragraph (1); and
                    ``(E) For fiscal year 2004, $1,025,000,000, of 
                which not more than $200,000,000 shall be used for the 
                purposes set forth in subparagraphs (B) and (C) of 
                paragraph (1).
    ``(b) Claims Against Hazardous Substance Superfund.--Claims against 
the Hazardous Substance Superfund shall not be valid or paid in excess 
of the total amount in the Hazardous Substance Superfund at any 1 time.
    ``(c) Regulations.--
            ``(1) Obligation of funds.--The President may promulgate 
        regulations designating 1 or more Federal officials that may 
        obligate amounts in the Hazardous Substance Superfund in 
accordance with this section.
            ``(2) Notice to potential injured parties.--
                    ``(A) In general.--The President shall promulgate 
                regulations with respect to the notice that shall be 
                provided to potential injured parties by an owner and 
                operator of any vessel or facility from which a 
                hazardous substance has been released.
                    ``(B) Substance.--The regulations under 
                subparagraph (A) shall describe the notice that would 
                be appropriate to carry out this title.
                    ``(C) Compliance.--
                            ``(i) In general.--On promulgation of 
                        regulations under subparagraph (A), an owner 
                        and operator described in that subparagraph 
                        shall provide notice in accordance with the 
                        regulations.
                            ``(ii) Pre-promulgation releases.--In the 
                        case of a release of a hazardous substance that 
                        occurs before regulations under subparagraph 
                        (A) are promulgated, an owner and operator 
                        described in that subparagraph shall provide 
                        reasonable notice of any release to potential 
                        injured parties by publication in local 
                        newspapers serving the affected area.
                            ``(iii) Releases from public vessels.--The 
                        President shall provide such notification as is 
                        appropriate to potential injured parties with 
                        respect to releases from public vessels.
    ``(d) Natural Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds may not be used under this Act for the restoration, 
        rehabilitation, or replacement or acquisition of the equivalent 
        of any natural resource until a plan for the use of the funds 
        for those purposes has been developed and adopted, after 
        adequate public notice and opportunity for hearing and 
        consideration of all public comment, by--
                    ``(A) affected Federal agencies;
                    ``(B) the Governor of each State that sustained 
                damage to natural resources that are within the borders 
                of, belong to, are managed by, or appertain to the 
                State; and
                    ``(C) the governing body of any Indian tribe that 
                sustained damage to natural resources that--
                            ``(i) are within the borders of, belong to, 
                        are managed by, appertain to, or are held in 
                        trust for the benefit of the tribe; or
                            ``(ii) belong to a member of the tribe, if 
                        those resources are subject to a trust 
                        restriction on alienation.
            ``(2) Emergency action exemption.--Funds may be used under 
        this Act for the restoration, rehabilitation, or replacement or 
        acquisition of the equivalent of any natural resource only in 
        circumstances requiring action to--
                    ``(A) avoid an irreversible loss of a natural 
                resource;
                    ``(B) prevent or reduce any continuing danger to a 
                natural resource; or
                    ``(C) prevent the loss of a natural resource in an 
                emergency situation similar to those described in 
                subparagraphs (A) and (B).
    ``(e) Post-Closure Liability Fund.--The President shall use the 
amounts in the Post-closure Liability Fund for--
            ``(1) any of the purposes specified in subsection (a) with 
        respect to a hazardous waste disposal facility for which 
        liability has been transferred to the Post-closure Liability 
        Fund under section 107(k); and
            ``(2) payment of any claim or appropriate request for costs 
        of a response, damages, or other compensation for injury or 
        loss resulting from a release of a hazardous substance from a 
        facility described in paragraph (1) under--
                    ``(A) section 107; or
                    ``(B) any other Federal or State law.
    ``(f) Inspector General.--
            ``(1) Audit.--In each fiscal year, the Inspector General of 
        the Environmental Protection Agency shall conduct an annual 
        audit of--
                    ``(A) all agreements and reimbursements under 
                subsection (a); and
                    ``(B) all other activities of the Environmental 
                Protection Agency under this Act.
            ``(2) Report.--The Inspector General of the Environmental 
        Protection Agency shall submit to Congress an annual report 
        that--
                    ``(A) describes the results of the audit under 
                paragraph (1); and
                    ``(B) contains such recommendations as the 
                Inspector General considers to be appropriate.
    ``(g) Foreign Claims.--To the extent that this Act permits, a 
foreign claimant may assert a claim to the same extent that a United 
States claimant may assert a claim if--
            ``(1) the release of a hazardous substance occurred--
                    ``(A) in the navigable waters of a foreign country 
                of which the claimant is a resident; or
                    ``(B) in or on the territorial sea or adjacent 
                shoreline of a foreign country described in 
                subparagraph (A);
            ``(2) the claimant is not otherwise compensated for the 
        loss of the claimant;
            ``(3) the hazardous substance was released from a facility 
        or vessel located adjacent to or within the navigable waters 
        under the jurisdiction of, or was discharged in connection with 
        activities conducted under--
                    ``(A) section 20(a)(2) of the Outer Continental 
                Shelf Lands Act (43 U.S.C. 1346(a)(2)); or
                    ``(B) the Deepwater Port Act of 1974 (33 U.S.C. 
                1501 et seq.); and
            ``(4)(A) recovery is authorized by a treaty or an executive 
        agreement between the United States and the foreign country; or
            ``(B) the Secretary of State, in consultation with the 
        Attorney General and other appropriate officials, certifies 
        that the foreign country provides a comparable remedy for 
        United States claimants.
    ``(h) Authorization of Appropriations Out of the General Fund.--
            ``(1) Health assessments and health consultations.--There 
        are authorized to be appropriated to the Agency for Toxic 
        Substances and Disease Registry to conduct health assessments 
        and health consultations under this Act, and for epidemiologic 
        and laboratory studies, preparation of toxicologic profiles, 
        development and maintenance of a registry of persons exposed to 
        hazardous substances to allow long-term health effects studies, 
        and diagnostic services not otherwise available to determine 
        whether persons in populations exposed to hazardous substances 
        in connection with a release or suspected release are suffering 
        from long-latency diseases:
                    ``(A) For fiscal year 2000, $60,000,000.
                    ``(B) For fiscal year 2001, $55,000,000.
                    ``(C) For fiscal year 2002, $55,000,000.
                    ``(D) For fiscal year 2003, $50,000,000.
                    ``(E) For fiscal year 2004, $50,000,000.
            ``(2) Hazardous substance research, demonstration, and 
        training.--
                    ``(A) In general.--There are authorized to be 
                appropriated not more than the following amounts for 
                the purposes of section 311(a):
                            ``(i) For fiscal year 2000, $40,000,000.
                            ``(ii) For fiscal year 2001, $40,000,000.
                            ``(iii) For fiscal year 2002, $40,000,000.
                            ``(iv) For each of fiscal years 2003 and 
                        2004, $40,000,000.
                    ``(B) Training limitation.--Not more than 15 
                percent of the amounts appropriated under subparagraph 
                (A) shall be used for training under section 311(a) for 
                any fiscal year.
                    ``(C) University hazardous substance research 
                centers.--Not more than $5,000,000 of the amounts 
                available in the Hazardous Substance Superfund may be 
                used in any of fiscal years 2000 through 2004 for the 
                purposes of section 311(d).
            ``(3) Brownfield grant programs.--There are authorized to 
        be appropriated to carry out section 127 $100,000,000 for each 
        of fiscal years 2000 through 2004.
            ``(4) Qualifying state response programs.--There are 
        authorized to be appropriated to maintain, establish, and 
        administer qualifying State response programs during the first 
        5 full fiscal years following the date of enactment of this 
        paragraph under a formula established by the Administrator, 
        $100,000,000 for each of fiscal years 2000 through 2004.
            ``(5) Department of justice.--There is authorized to be 
        appropriated to the Attorney General, for enforcement of this 
Act, $30,000,000 for each of fiscal years 2000 through 2004.
            ``(6) Prohibition of transfer.--None of the funds 
        authorized to be appropriated under this subsection may be 
        transferred to any other Federal agency.''.
    (b) Conforming Amendments.--
            (1) Response actions.--Section 104(c) of the Comprehensive 
        Environmental Response Compensation, and Liability Act of 1980 
        (42 U.S.C. 9604(c)) is amended--
                    (A) in paragraph (1), by striking ``obligations 
                from the Fund, other than those authorized by 
                subsection (b) of this section,'' and inserting ``, 
                such response actions''; and
                    (B) in paragraph (7), by striking ``shall be from 
                funds received by the Fund from amounts recovered on 
                behalf of such fund under this Act'' and inserting 
                ``shall be from appropriations out of the general fund 
                of the Treasury''.
            (2) Information gathering and analysis.--Section 105(g)(4) 
        of the Comprehensive Environmental Response Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9605(g)(4)) is amended by 
        striking ``expenditure of monies from the Fund for''.
            (3) President.--Section 107(c)(3) of the Comprehensive 
        Environmental Response Compensation, and Liability Act of 1980 
        (42 U.S.C. 9607(c)(3)) is amended in the first sentence by 
        striking ``Fund'' and inserting ``President''.
            (4) Other liability.--Section 109(d) of the Comprehensive 
        Environmental Response Compensation, and Liability Act of 1980 
        (42 U.S.C. 9609(d)) is amended by striking the second sentence.
            (5) Source of funding.--Section 119(c)(3) of the 
        Comprehensive Environmental Response Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9619(c)(3)) is amended--
                    (A) in the second sentence, by striking ``For 
                purposes of section 111, amounts'' and inserting 
                ``Amounts''; and
                    (B) in the third sentence--
                            (i) by striking ``If sufficient funds are 
                        unavailable in the Hazardous Substance 
                        Superfund established under subchapter A of 
                        chapter 98 of the Internal Revenue Code of 1954 
                        to make payments pursuant to such 
                        indemnification or if the Fund is repealed, 
                        there'' and inserting ``There``; and
                            (ii) by striking ``payments'' and inserting 
                        ``expenditures''.
            (6) Remedial action using hazardous substance superfund.--
        Section 121(d)(4)(F) of the Comprehensive Environmental 
        Response Compensation, and Liability Act of 1980 (42 U.S.C. 
        9621(d)(4)(F)) is amended--
                    (A) by striking `` using the Fund''; and
                    (B) by striking ``amounts from the Fund'' and 
                inserting ``funds''.
            (7) Availability of funding.--Section 122(f)(4)(F) of the 
        Comprehensive Environmental Response Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9622(f)(4)(F)) is amended by 
        striking ``the Fund or other sources of''.
                                 <all>