[Congressional Record Volume 142, Number 40 (Thursday, March 21, 1996)]
[Senate]
[Pages S2689-S2715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   THE ACCELERATED CLEANUP AND ENVIRONMENTAL RESTORATION ACT OF 1996

                                 ______


                 SMITH (AND CHAFEE) AMENDMENT NO. 3563

  (Ordered to lie on the table.)
  Mr. SMITH (for himself and Mr. Chafee) submitted an amendment 
intended to be proposed by them to the bill (S. 1285) to reauthorize 
and amend the Comprehensive Environmental Recovery, Compensation, and 
Liability Act of 1980, and for other purpose; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Accelerated Cleanup and Environmental Restoration Act of 
     1996''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--COMMUNITY PARTICIPATION

Sec. 101. Community response organizations; technical assistance 
              grants; improvement of public participation in the 
              Superfund decisionmaking process.

                          TITLE II--STATE ROLE

Sec. 201. Delegation to the States of authorities with respect to 
              national priorities list facilities.

                      TITLE III--VOLUNTARY CLEANUP

Sec. 301. Assistance for qualifying State voluntary response programs.
Sec. 302. Brownfield characterization program.
Sec. 303. Treatment of security interest holders and fiduciaries as 
              owners or operators.
Sec. 304. Federal Deposit Insurance Act amendment.
Sec. 305. Contiguous properties.
Sec. 306. Prospective purchasers and windfall liens.
Sec. 307. Safe harbor innocent landholders.

                TITLE IV--SELECTION OF REMEDIAL ACTIONS

Sec. 401. Definitions.
Sec. 402. Selection and implementation of remedial actions.
Sec. 403. Remedy selection methodology.
Sec. 404. Remedy selection procedures.
Sec. 405. Completion of physical construction and delisting.
Sec. 406. Transition rules for facilities currently involved in remedy 
              selection.
Sec. 407. Judicial review.
Sec. 408. National Priorities List.

                           TITLE V--LIABILITY

Sec. 501. Liability exceptions and limitations.
Sec. 502. Contribution from the Fund for certain retroactive liability.
Sec. 503. Allocation of liability for certain facilities.
Sec. 504. Liability of response action contractors.
Sec. 505. Release of evidence.
Sec. 506. Contribution protection.
Sec. 507. Treatment of religious, charitable, scientific, and 
              educational organizations as owners or operators.
Sec. 508. Common carriers.
Sec. 509. Limitation on liability for response costs.

                      TITLE VI--FEDERAL FACILITIES

Sec. 601. Transfer of authorities.
Sec. 602. Limitation on criminal liability of Federal officers, 
              employees, and agents.
Sec. 603. Innovative technologies for remedial action at Federal 
              facilities.
Sec. 604. Federal facility listing.
Sec. 605. Federal facility listing deferral.
Sec. 606. Transfers of uncontaminated property.

                  TITLE VII--NATURAL RESOURCE DAMAGES

Sec. 701. Restoration of natural resources.
Sec. 702. Assessment of damages.
Sec. 703. Consistency between response actions and resource restoration 
              standards and alternatives.
Sec. 704. Miscellaneous amendments.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Result-oriented cleanups.
Sec. 802. National Priorities List.
Sec. 803. Obligations from the fund for response actions.
Sec. 804. Remediation waste.

                           TITLE IX--FUNDING

                     Subtitle A--General Provisions

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

     SEC. 101. COMMUNITY RESPONSE ORGANIZATIONS; TECHNICAL 
                   ASSISTANCE GRANTS; IMPROVEMENT OF PUBLIC 
                   PARTICIPATION IN THE SUPERFUND DECISIONMAKING 
                   PROCESS.

       (a) Amendment.--Section 117 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9617) is amended by striking subsection (e) 
     and inserting the following:
       ``(e) Community Response Organizations.--
       ``(1) Establishment.--The Administrator shall create a 
     community response organization for a facility that is listed 
     or proposed for listing on the National Priorities List--
       ``(A) if the Administrator determines that a representative 
     public forum will be helpful

[[Page S2690]]

     in promoting direct, regular, and meaningful consultation 
     among persons interested in remedial action at the facility; 
     or
       ``(B) at the request of--
       ``(i) 50 individuals residing in, or at least 20 percent of 
     the population of, the area in which the facility is located;
       ``(ii) a representative group of the potentially 
     responsible parties; or
       ``(iii) any local governmental entity with jurisdiction 
     over the facility.
       ``(2) Responsibilities.--A community response organization 
     shall--
       ``(A) solicit the views of the local community on various 
     issues affecting the development and implementation of 
     remedial actions at the facility;
       ``(B) serve as a conduit of information to and from the 
     community to appropriate Federal, State, and local agencies 
     and potentially responsible parties;
       ``(C) serve as a representative of the local community 
     during the remedial action planning and implementation 
     process; and
       ``(D) provide reasonable notice of and opportunities to 
     participate in the meetings and other activities of the 
     community response organization.
       ``(3) Access to documents.--The Administrator shall provide 
     a community response organization access to documents in 
     possession of the Federal Government regarding response 
     actions at the facility that do not relate to liability and 
     are not protected from disclosure as confidential business 
     information.
       ``(4) Community response organization input.--
       ``(A) Consultation.--The Administrator (or if the remedial 
     action plan is being prepared or implemented by a party other 
     than the Administrator, the other party) shall--
       ``(i) consult with the community response organization in 
     developing and implementing the remedial action plan; and
       ``(ii) keep the community response organization informed of 
     progress in the development and implementation of the 
     remedial action plan.
       ``(B) Timely submission of comments.--The community 
     response organization shall provide its comments, 
     information, and recommendations in a timely manner to the 
     Administrator (and other party).
       ``(C) Consensus.--The community response organization shall 
     attempt to achieve consensus among its members before 
     providing comments and recommendations to the Administrator 
     (and other party), but if consensus cannot be reached, the 
     community response organization shall report or allow 
     presentation of divergent views.
       ``(5) Technical assistance grants.--
       ``(A) Preferred recipient.--If a community response 
     organization exists for a facility, the community response 
     organization shall be the preferred recipient of a technical 
     assistance grant under subsection (f).
       ``(B) Prior award.--If a technical assistance grant 
     concerning a facility has been awarded prior to establishment 
     of a community response organization--
       ``(i) the recipient of the grant shall coordinate its 
     activities and share information and technical expertise with 
     the community response organization; and
       ``(ii) 1 person representing the grant recipient shall 
     serve on the community response organization.
       ``(6) Membership.--
       ``(A) Number.--The Administrator shall select not less than 
     15 nor more than 20 persons to serve on a community response 
     organization.
       ``(B) Notice.--Before selecting members of the community 
     response organization, the Administrator shall provide a 
     notice of intent to establish a community response 
     organization to persons who reside in the local community.
       ``(C) Represented groups.--The Administrator shall, to the 
     extent practicable, appoint members to the community response 
     organization from each of the following groups of persons:
       ``(i) Persons who reside or own residential property near 
     the facility;
       ``(ii) Persons who, although they may not reside or own 
     property near the facility, may be adversely affected by a 
     release from the facility.
       ``(iii) Persons who are members of the local public health 
     or medical community and are practicing in the community.
       ``(iv) Representatives of Indian tribes or Indian 
     communities that reside or own property near the facility or 
     that may be adversely affected by a release from the 
     facility.
       ``(v) Local representatives of citizen, environmental, or 
     public interest groups with members residing in the 
     community.
       ``(vi) Representatives of local governments, such as city 
     or county governments, or both, and any other governmental 
     unit that regulates land use or land use planning in the 
     vicinity of the facility.
       ``(vii) Members of the local business community.
       ``(D) Proportion.--Local residents shall comprise not less 
     than 60 percent of the membership of a community response 
     organization.
       ``(E) Pay.--Members of a community response organization 
     shall serve without pay.
       ``(7) Participation by government representatives.--
     Representatives of the Administrator, the Administrator of 
     the Agency for Toxic Substances and Disease Registry, other 
     Federal agencies, and the State, as appropriate, shall 
     participate in community response organization meetings to 
     provide information and technical expertise, but shall not be 
     members of the community response organization.
       ``(8) Administrative support.--The Administrator shall 
     provide administrative services and meeting facilities for 
     community response organizations.
       ``(9) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to a community response organization.
       ``(f) Technical Assistance Grants.--
       ``(1) Definitions.--In this subsection:
       ``(A) Affected citizen group.--The term `affected citizen 
     group' means a group of 2 or more individuals who may be 
     affected by the release or threatened release of a hazardous 
     substance, pollutant, or contaminant at any facility on the 
     State Registry or the National Priorities List.
       ``(B) Technical assistance grant.--The term `technical 
     assistance grant' means a grant made under paragraph (2).
       ``(2) Authority.--
       ``(A) In general.--In accordance with a regulation issued 
     by the Administrator, the Administrator may make grants 
     available to affected citizen groups.
       ``(B) Availability of application process.--To ensure that 
     the application process for a technical assistance grant is 
     available to all affected citizen groups, the Administrator 
     shall periodically review the process and, based on the 
     review, implement appropriate changes to improve 
     availability.
       ``(3) Special rules.--
       ``(A) No matching contribution.--No matching contribution 
     shall be required for a technical assistance grant.
       ``(B) Availability in advance.--The Administrator shall 
     make all or a portion (but not less than $5,000 or 10 percent 
     of the grant amount, whichever is greater) of the grant 
     amount available to a grant recipient in advance of the total 
     expenditures to be covered by the grant.
       ``(4) Limit per facility.--
       ``(A) 1 grant per facility.--Not more than 1 technical 
     assistance grant may be made with respect to a single 
     facility, but the grant may be renewed to facilitate public 
     participation at all stages of response action.
       ``(B) Duration.--The Administrator shall set a limit by 
     regulation on the number of years for which a technical 
     assistance grant may be made available based on the duration, 
     type, and extent of response action at a facility.
       ``(5) Availability for facilities not yet listed.--Subject 
     to paragraph (6), 1 or more technical assistance grants shall 
     be made available to affected citizen groups in communities 
     containing facilities on the State Registry as of the date on 
     which the grant is awarded.
       ``(6) Funding limit.--
       ``(A) Percentage of total appropriations.--Not more than 2 
     percent of the funds made available to carry out this Act for 
     a fiscal year may be used to make technical assistance 
     grants.
       ``(B) Allocation between listed and unlisted facilities.--
     Not more than the portion of funds equal to \1/8\ of the 
     total amount of funds used to make technical assistance 
     grants for a fiscal year may be used for technical assistance 
     grants with respect to facilities not listed on the National 
     Priorities List.
       ``(7) Funding amount.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the amount of a technical assistance grant may not exceed 
     $50,000 for a single grant recipient.
       ``(B) Increase.--The Administrator may increase the amount 
     of a technical assistance grant, or renew a previous 
     technical assistance grant, up to a total grant amount not 
     exceeding $100,000, to reflect the complexity of the response 
     action, the nature and extent of contamination at the 
     facility, the level of facility activity, projected total 
     needs as requested by the grant recipient, the size and 
     diversity of the affected population, and the ability of the 
     grant recipient to identify and raise funds from other non-
     Federal sources.
       ``(8) Use of technical assistance grants.--
       ``(A) Permitted use.--A technical assistance grant may be 
     used to obtain technical assistance in interpreting 
     information with regard to--
       ``(i) the nature of the hazardous substances located at a 
     facility;
       ``(ii) the work plan;
       ``(iii) the facility evaluation;
       ``(iv) a proposed remedial action plan, a remedial action 
     plan, and a final remedial design for a facility;
       ``(v) response actions carried out at the facility; and
       ``(vi) operation and maintenance activities at the 
     facility.
       ``(B) Prohibited use.--A technical assistance grant may not 
     be used for the purpose of collecting field sampling data.
       ``(9) Grant guidelines.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of this paragraph, the Administrator shall develop 
     and publish guidelines concerning the management of technical 
     assistance grants by grant recipients.
       ``(B) Hiring of experts.--A recipient of a technical 
     assistance grant that hires technical experts and other 
     experts shall act in accordance with the guidelines under 
     subparagraph (A).
       ``(g) Improvement of Public Participation in the Superfund 
     Decisionmaking Process.--

[[Page S2691]]

       ``(1) In general.--
       ``(A) Meetings and notice.--In order to provide an 
     opportunity for meaningful public participation in every 
     significant phase of response activities under this Act, the 
     Administrator shall provide the opportunity for, and publish 
     notice of, public meetings before or during performance of--
       ``(i) a facility evaluation, as appropriate;
       ``(ii) announcement of a proposed remedial action plan; and
       ``(iii) completion of a final remedial design.
       ``(B) Information.--A public meeting under subparagraph (A) 
     shall be designed to obtain information from the community, 
     and disseminate information to the community, with respect to 
     a facility concerning the Administrator's facility activities 
     and pending decisions.
       ``(2) Participants and subject.--The Administrator shall 
     provide reasonable notice of an opportunity for public 
     participation in meetings in which--
       ``(A) the participants include Federal officials (or State 
     officials, if the State is conducting response actions under 
     a delegated or authorized program or through facility 
     referral) with authority to make significant decisions 
     affecting a response action, and other persons (unless all of 
     such other persons are coregulators that are not potentially 
     responsible parties or are government contractors); and
       ``(B) the subject of the meeting involves discussions 
     directly affecting--
       ``(i) a legally enforceable work plan document, or any 
     significant amendment to the document, for a removal, 
     facility evaluation, proposed remedial action plan, final 
     remedial design, or remedial action for a facility on the 
     National Priorities List; or
       ``(ii) the final record of information on which the 
     Administrator will base a hazard ranking system score for a 
     facility.
       ``(3) Limitation.--Nothing in this subsection shall be 
     construed--
       ``(A) to provide for public participation in or otherwise 
     affect any negotiation, meeting, or other discussion that 
     concerns only the potential liability or settlement of 
     potential liability of any person, whether prior to or 
     following the commencement of litigation or administrative 
     enforcement action;
       ``(B) to provide for public participation in or otherwise 
     affect any negotiation, meeting, or other discussion that is 
     attended only by representatives of the United States (or of 
     a department, agency, or instrumentality of the United 
     States) with attorneys representing the United States (or of 
     a department, agency, or instrumentality of the United 
     States); or
       ``(C) to waive, compromise, or affect any privilege that 
     may be applicable to a communication related to an activity 
     described in subparagraph (A) or (B).
       ``(4) Evaluation.--
       ``(A) In general.--To the extent practicable, before and 
     during the facility evaluation, the Administrator shall 
     solicit and evaluate concerns, interests, and information 
     from the community.
       ``(B) Procedure.--An evaluation under subparagraph (A) 
     shall include, as appropriate--
       ``(i) face-to-face community surveys to identify the 
     location of private drinking water wells, historic and 
     current or potential use of water, and other environmental 
     resources in the community;
       ``(ii) a public meeting;
       ``(iii) written responses to significant concerns; and
       ``(iv) other appropriate participatory activities.
       ``(5) Views and preferences.--
       ``(A) Solicitation.--During the facility evaluation, the 
     Administrator (or other person performing the facility 
     evaluation) shall solicit the views and preferences of the 
     community on the remediation and disposition of hazardous 
     substances or pollutants or contaminants at the facility.
       ``(B) Consideration.--The views and preferences of the 
     community shall be described in the facility evaluation and 
     considered in the screening of remedial alternatives for the 
     facility.
       ``(6) Alternatives.--Members of the community may propose 
     remedial action alternatives, and the Administrator shall 
     consider such alternatives in the same manner as the 
     Administrator considers alternatives proposed by potentially 
     responsible parties.
       ``(7) Information.--
       ``(A) The community.--The Administrator, with the 
     assistance of the community response organization under 
     subsection (g) if there is one, shall provide information to 
     the community and seek comment from the community throughout 
     all significant phases of the response action at the 
     facility.
       ``(B) Technical staff.--The Administrator shall ensure that 
     information gathered from the community during community 
     outreach efforts reaches appropriate technical staff in a 
     timely and effective manner.
       ``(C) Responses.--The Administrator shall ensure that 
     reasonable written or other appropriate responses will be 
     made to such information.
       ``(8) Nonprivileged information.--Throughout all phases of 
     response action at a facility, the Administrator shall make 
     all nonprivileged information relating to a facility 
     available to the public for inspection and copying without 
     the need to file a formal request, subject to reasonable 
     service charges as appropriate.
       ``(9) Presentation.--
       ``(A) Documents.--
       ``(i) In general.--The Administrator, in carrying out 
     responsibilities under this Act, shall ensure that the 
     presentation of information on risk is complete and 
     informative.
       ``(ii) Risk.--To the extent feasible, documents prepared by 
     the Administrator and made available to the public that 
     purport to describe the degree of risk to human health shall, 
     at a minimum, state--

       ``(I) the distribution of risk, including upperbound and 
     lowerbound estimates of the incremental risk;
       ``(II) the population or populations addressed by any 
     estimates of the risk;
       ``(III) the expected risk or central estimate of the risk 
     for the specific population;
       ``(IV) the reasonable range or other description of 
     uncertainties in the assessment process; and
       ``(V) the assumptions that form the basis for any estimates 
     of such risk posed by the facility and a brief explanation of 
     the assumptions.

       ``(B) Comparisons.--The Administrator, in carrying out 
     responsibilities under this Act, shall provide comparisons of 
     the level of risk from hazardous substances found at the 
     facility to comparable levels of risk from those hazardous 
     substances ordinarily encountered by the general public 
     through other sources of exposure.
       ``(10) Requirements.--
       ``(A) Lengthy removal actions.--Notwithstanding any other 
     provision of this subsection, in the case of a removal action 
     taken in accordance with section 104 that is expected to 
     require more than 180 days to complete, and in any case in 
     which implementation of a removal action is expected to 
     obviate or that in fact obviates the need to conduct a long-
     term remedial action--
       ``(i) the Administrator shall, to the maximum extent 
     practicable, allow for public participation consistent with 
     paragraph (1); and
       ``(ii) the removal action shall achieve the goals of 
     protecting human health and the environment in accordance 
     with section 121(a)(1).
       ``(B) Other removal actions.--In the case of all other 
     removal actions, the Administrator may provide the community 
     with notice of the anticipated removal action and a public 
     comment period, as appropriate.''.
       (b) Issuance of Guidelines.--The Administrator of the 
     Environmental Protection Agency shall issue guidelines under 
     section 117(e)(9) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as added 
     by subsection (a), not later than 90 days after the date of 
     enactment of this Act.
                          TITLE II--STATE ROLE

     SEC. 201. DELEGATION TO THE STATES OF AUTHORITIES WITH 
                   RESPECT TO NATIONAL PRIORITIES LIST FACILITIES.

       (a) In General.--Title I of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.), as amended by section 302, is amended by 
     adding at the end the following:

     ``SEC. 135. DELEGATION TO THE STATES OF AUTHORITIES WITH 
                   RESPECT TO NATIONAL PRIORITIES LIST FACILITIES.

       ``(a) Definitions.--In this section:
       ``(1) Comprehensive delegation state.--The term 
     `comprehensive delegation State', with respect to a facility, 
     means a State to which the Administrator has delegated 
     authority to perform all of the categories of delegable 
     authority.
       ``(2) Delegable authority.--The term `delegable authority' 
     means authority to perform (or ensure performance of) all of 
     the authorities included in any 1 or more of the categories 
     of authority:
       ``(A) Category a.--All authorities necessary to perform 
     technical investigations, evaluations, and risk analyses, 
     including--
       ``(i) a preliminary assessment or facility evaluation under 
     section 104;
       ``(ii) facility characterization under section 104;
       ``(iii) a remedial investigation under section 104;
       ``(iv) a facility-specific risk evaluation under section 
     129(b)(4); and
       ``(v) any other authority identified by the Administrator 
     under subsection (b).
       ``(B) Category b.--All authorities necessary to perform 
     alternatives development and remedy selection, including--
       ``(i) a feasibility study under section 104; and
       ``(ii)(I) remedial action selection under section 121 
     (including issuance of a record of decision); or
       ``(II) remedial action planning under section 129(b)(5); 
     and
       ``(iii) any other authority identified by the Administrator 
     under subsection (b).
       ``(C) Category c.--All authorities necessary to perform 
     remedial design, including--
       ``(i) remedial design under section 121; and
       ``(ii) any other authority identified by the Administrator 
     under subsection (b).
       ``(D) Category d.--All authorities necessary to perform 
     remedial action and operation and maintenance, including--
       ``(i) a removal under section 104;
       ``(ii) a remedial action under section 104 or section 10 
     (a) or (b);
       ``(iii) operation and maintenance under section 104(c); and
       ``(iv) any other authority identified by the Administrator 
     under subsection (b).
       ``(E) Category e.--All authorities necessary to perform 
     information collection and allocation of liability, 
     including--

[[Page S2692]]

       ``(i) information collection activity under section 104(e);
       ``(ii) allocation of liability under section 132;
       ``(iii) a search for potentially responsible parties under 
     section 104 or 107;
       ``(iv) settlement under section 122; and
       ``(v) any other authority identified by the Administrator 
     under subsection (b).
       ``(F) Category f.--All authorities necessary to perform 
     enforcement, including--
       ``(i) issuance of an order under section 106(a);
       ``(ii) a response action cost recovery under section 107;
       ``(iii) imposition of a civil penalty or award under 
     section 109 (a)(1)(D) or (b)(4);
       ``(iv) settlement under section 122; and
       ``(v) any other authority identified by the Administrator 
     under subsection (b).
       ``(3) Delegated state.--The term `delegated State' means a 
     State to which delegable authority has been delegated under 
     subsection (c), except as may be provided in a delegation 
     agreement in the case of a limited delegation of authority 
     under subsection (c)(5).
       ``(4) Delegated authority.--The term `delegated authority' 
     means a delegable authority that has been delegated to a 
     delegated State under this section.
       ``(5) Delegated facility.--The term `delegated facility' 
     means a non-federal listed facility with respect to which a 
     delegable authority has been delegated to a State under this 
     section.
       ``(6) Noncomprehensive delegation state.--The term 
     `noncomprehensive delegation State', with respect to a 
     facility, means a State to which the Administrator has 
     delegated authority to perform fewer than all of the 
     categories of delegable authority.
       ``(7) Nondelegable authority.--The term `nondelegable 
     authority' means authority to--
       ``(A) make grants to community response organizations under 
     section 117; and
       ``(B) conduct research and development activities under any 
     provision of this Act.
       ``(8) Non-federal listed facility.--The term `non-federal 
     listed facility' means a facility that--
       ``(A) is not owned or operated by a department, agency, or 
     instrumentality of the United States in any branch of the 
     Government; and
       ``(B) is listed on the National Priorities List.
       ``(b) Identification of Delegable Authorities.--
       ``(1) In general.--The President shall by regulation 
     identify all of the authorities of the Administrator that 
     shall be included in a delegation of any category of 
     delegable authority described in subsection (a)(2).
       ``(2) Limitation.--The Administrator shall not identify a 
     nondelegable authority for inclusion in a delegation of any 
     category of delegable authority.
       ``(c) Delegation of Authority.--
       ``(1) In general.--Pursuant to an approved State 
     application, the Administrator shall delegate authority to 
     perform 1 or more delegable authorities with respect to 1 or 
     more non-Federal listed facilities in the State.
       ``(2) Application.--An application under paragraph (1) 
     shall--
       ``(A) identify each non-Federal listed facility for which 
     delegation is requested;
       ``(B) identify each delegable authority that is requested 
     to be delegated for each non-Federal listed facility for 
     which delegation is requested; and
       ``(C) certify that the State, supported by such 
     documentation as the State, in consultation with the 
     Administrator, considers to be appropriate, has--
       ``(i) statutory and regulatory authority (including 
     appropriate enforcement authority) to perform the requested 
     delegable authorities in a manner that is protective of human 
     health and the environment;
       ``(ii) resources in place to adequately administer and 
     enforce the authorities; and
       ``(iii) procedures to ensure public notice and, as 
     appropriate, opportunity for comment on remedial action 
     plans, consistent with sections 117 and 129.
       ``(3) Approval of application.--
       ``(A) In general.--Not later than 60 days after receiving 
     an application under paragraph (2) by a State that is 
     authorized to administer and enforce the corrective action 
     requirements of a hazardous waste program under section 3006 
     of the Solid Waste Disposal Act (42 U.S.C. 6926), and not 
     later than 120 days after receiving an application from a 
     State that is not authorized to administer and enforce the 
     corrective action requirements of a hazardous waste program 
     under section 3006 of the Solid Waste Disposal Act (42 U.S.C. 
     6926), unless the State agrees to a greater length of time 
     for the Administrator to make a determination, the 
     Administrator shall--
       ``(i) issue a notice of approval of the application 
     (including approval or disapproval regarding any or all of 
     the facilities with respect to which a delegation of 
     authority is requested or with respect to any or all of the 
     authorities that are requested to be delegated); or
       ``(ii) if the Administrator determines that the State does 
     not have adequate legal authority, financial and personnel 
     resources, organization, or expertise to administer and 
     enforce any of the requested delegable authority, issue a 
     notice of disapproval, including an explanation of the basis 
     for the determination.
       ``(B) Failure to act.--If the Administrator does not issue 
     a notice of approval or notice of disapproval of all or any 
     portion of an application within the applicable time period 
     under subparagraph (A), the application shall be deemed to 
     have been granted.
       ``(C) Resubmission of application.--
       ``(i) In general.--If the Administrator disapproves an 
     application under paragraph (1), the State may resubmit the 
     application at any time after receiving the notice of 
     disapproval.
       ``(ii) Failure to act.--If the Administrator does not issue 
     a notice of approval or notice of disapproval of a 
     resubmitted application within the applicable time period 
     under subparagraph (A), the resubmitted application shall be 
     deemed to have been granted.
       ``(D) No additional terms or conditions.--The Administrator 
     shall not impose any term or condition on the approval of an 
     application that meets the requirements stated in paragraph 
     (2) (except that any technical deficiencies in the 
     application be corrected).
       ``(E) Judicial review.--The State (but no other person) 
     shall be entitled to judicial review under section 113(b) of 
     a disapproval of a resubmitted application.
       ``(4) Delegation agreement.--On approval of a delegation of 
     authority under this section, the Administrator and the 
     delegated State shall enter into a delegation agreement that 
     identifies each category of delegable authority that is 
     delegated with respect to each delegated facility.
       ``(5) Limited delegation.--
       ``(A) In general.--In the case of a State that does not 
     meet the requirements of paragraph (2)(C) the Administrator 
     may delegate to the State limited authority to perform, 
     ensure the performance of, or supervise or otherwise 
     participate in the performance of 1 or more delegable 
     authorities, as appropriate in view of the extent to which 
     the State has the required legal authority, financial and 
     personnel resources, organization, and expertise.
       ``(B) Special provisions.--In the case of a limited 
     delegation of authority to a State under subparagraph (A), 
     the Administrator shall specify the extent to which the State 
     shall be considered to be a delegated State for the purposes 
     of this Act.
       ``(d) Performance of Delegated Authorities.--
       ``(1) In general.--A delegated State shall have sole 
     authority (except as provided in paragraph (6)(B), subsection 
     (e)(4), and subsection (g)) to perform a delegated authority 
     with respect to a delegated facility.
       ``(2) Agreements for performance of delegated 
     authorities.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a delegated State may enter into an agreement with a 
     political subdivision of the State, an interstate body 
     comprised of that State and another delegated State or 
     States, or a combination of such subdivisions or interstate 
     bodies, providing for the performance of any category of 
     delegated authority with respect to a delegated facility in 
     the State if the parties to the agreement agree in the 
     agreement to undertake response actions that are consistent 
     with this Act.
       ``(B) No agreement with potentially responsible party.--A 
     delegated State shall not enter into an agreement under 
     subparagraph (A) with a political subdivision or interstate 
     body that is, or includes as a component an entity that is, a 
     potentially responsible party with respect to a delegated 
     facility covered by the agreement.
       ``(C) Continuing responsibility.--A delegated State that 
     enters into an agreement under subparagraph (A)--
       ``(i) shall exercise supervision over and approve the 
     activities of the parties to the agreement; and
       ``(ii) shall remain responsible for ensuring performance of 
     the delegated authority.
       ``(3) Compliance with act.--
       ``(A) Noncomprehensive delegation states.--A 
     noncomprehensive delegation State shall implement each 
     applicable provision of this Act (including regulations and 
     guidance issued by the Administrator) so as to perform each 
     delegated authority with respect to a delegated facility in 
     the same manner as would the Administrator with respect to a 
     facility that is not a delegated facility.
       ``(B) Comprehensive delegation states.--
       ``(i) In general.--A comprehensive delegation State shall 
     implement applicable provisions of this Act or of similar 
     provisions of State law in a manner comporting with State 
     policy, so long as the remedial action that is selected 
     protects human health and the environment to the same extent 
     as would a remedial action selected by the Administrator 
     under section 121.
       ``(ii) Costlier remedial action.--

       ``(I) In general.--A delegated State may select a remedial 
     action for a delegated facility that has a greater response 
     cost (including operation and maintenance costs) than the 
     response cost for a remedial action that would be selected by 
     the Administrator under section 121, if the State pays for 
     the difference in cost.
       ``(II) No cost recovery.--If a delegated State selects a 
     more costly remedial action under subclause (I), the State 
     shall not be entitled to seek cost recovery under this Act or 
     any other Federal or State law from any other person for the 
     difference in cost.

       ``(4) Judicial review.--An order that is issued under 
     section 106 by a delegated State with respect to a delegated 
     facility shall be reviewable only in United States district 
     court under section 113.

[[Page S2693]]

       ``(5) Delisting of national priorities list facilities.--
       ``(A) Delisting.--After notice and an opportunity for 
     public comment, a delegated State may remove from the 
     National Priorities List all or part of a delegated 
     facility--
       ``(i) if the State makes a finding that no further action 
     is needed to be taken at the facility (or part of the 
     facility) under any applicable law to protect human health 
     and the environment consistent with section 121(a) (1) and 
     (2);
       ``(ii) with the concurrence of the potentially responsible 
     parties, if the State has an enforceable agreement to perform 
     all required remedial action and operation and maintenance 
     for the facility or if the cleanup will proceed at the 
     facility under section 3004 (u) or (v) of the Solid Waste 
     Disposal Act (42 U.S.C. 6924 (u), (v)); or
       ``(iii) if the State is a comprehensive delegation State 
     with respect to the facility.
       ``(B) Effect of delisting.--A delisting under subparagraph 
     (A) (ii) or (iii) shall not affect--
       ``(i) the authority or responsibility of the State to 
     complete remedial action and operation and maintenance;
       ``(ii) the eligibility of the State for funding under this 
     Act;
       ``(iii) notwithstanding the limitation on section 
     104(c)(1), the authority of the Administrator to make 
     expenditures from the Fund relating to the facility; or
       ``(iv) the enforceability of any consent order or decree 
     relating to the facility.
       ``(C) No relisting.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Administrator shall not relist on the National Priorities 
     List a facility or part of a facility that has been removed 
     from the National Priorities List under subparagraph (A).
       ``(ii) Cleanup not completed.--The Administrator may relist 
     a facility or part of a facility that has been removed from 
     the National Priorities List under subparagraph (A) if 
     cleanup is not completed in accordance with the enforceable 
     agreement under subparagraph (A)(ii).
       ``(6) Cost recovery.--
       ``(A) Recovery by a delegated state.--Of the amount of any 
     response costs recovered from a responsible party by a 
     delegated State for a delegated facility under section 107--
       ``(i) 25 percent of the amount of any Federal response cost 
     recovered with respect to a facility, plus an amount equal to 
     the amount of response costs incurred by the State with 
     respect to the facility, may be retained by the State; and
       ``(ii) the remainder shall be deposited in the Hazardous 
     Substances Superfund established under subchapter A of 
     chapter 98 of the Internal Revenue Code of 1986.
       ``(B) Recovery by the administrator.--
       ``(i) In general.--The Administrator may take action under 
     section 107 to recover response costs from a responsible 
     party for a delegated facility if--

       ``(I) the delegated State notifies the Administrator in 
     writing that the delegated State does not intend to pursue 
     action for recovery of response costs under section 107 
     against the responsible party; or
       ``(II) the delegated State fails to take action to recover 
     response costs within a reasonable time in light of 
     applicable statutes of limitation.

       ``(ii) Notice.--If the Administrator proposes to commence 
     an action for recovery of response costs under section 107, 
     the Administrator shall give the State written notice and 
     allow the State at least 90 days after receipt of the notice 
     to commence the action.
       ``(iii) No further action.--If the Administrator takes 
     action against a potentially responsible party under section 
     107 relating to a release from a delegated facility, the 
     delegated State may not take any other action for recovery of 
     response costs relating to that release under this Act or any 
     other Federal or State law.
       ``(e) Federal Responsibilities and Authorities.--
       ``(1) Review use of funds.--
       ``(A) In general.--The Administrator shall review the 
     certification submitted by the Governor under subsection 
     (f)(8) not later than 120 days after the date of its 
     submission.
       ``(B) Finding of use of funds inconsistent with this act.--
     If the Administrator finds that funds were used in a manner 
     that is inconsistent with this Act, the Administrator shall 
     notify the Governor in writing not later than 120 days after 
     receiving the Governor's certification.
       ``(C) Explanation.--not later than 30 days after receiving 
     a notice under subparagraph (B), the Governor shall--
       ``(i) explain why the Administrator's finding is in error; 
     or
       ``(ii) explain to the Administrator's satisfaction how any 
     misapplication or misuse of funds will be corrected.
       ``(D) Failure to explain.--If the Governor fails to make an 
     explanation under subparagraph (C) to the Administrator's 
     satisfaction, the Administrator may request reimbursement of 
     such amount of funds as the Administrator finds was 
     misapplied or misused.
       ``(E) Repayment of funds.--If the Administrator fails to 
     obtain reimbursement from the State within a reasonable 
     period of time, the Administrator may, after 30 days' notice 
     to the State, bring a civil action in United States district 
     court to recover from the delegated State any funds that were 
     advanced for a purpose or were used for a purpose or in a 
     manner that is inconsistent with this Act.
       ``(2) Withdrawal of delegation of authority.--
       ``(A) Delegated states.--If at any time the Administrator 
     finds that contrary to a certification made under subsection 
     (c)(2), a delegated State--
       ``(i) lacks the required financial and personnel resources, 
     organization, or expertise to administer and enforce the 
     requested delegated authorities;
       ``(ii) does not have adequate legal authority to request 
     and accept delegation; or
       ``(iii) is failing to materially carry out the State's 
     delegated authorities,
     the Administrator may withdraw a delegation of authority with 
     respect to a delegated facility after providing notice and 
     opportunity to correct deficiencies under subparagraph (D).
       ``(B) States with limited delegations of authority.--If the 
     Administrator finds that a State to which a limited 
     delegation of authority was made under subsection (c)(5) has 
     materially breached the delegation agreement, the 
     Administrator may withdraw the delegation after providing 
     notice and opportunity to correct deficiencies under 
     subparagraph (D).
       ``(C) No withdrawal with 1 year of approval.--The 
     Administrator shall not withdraw a delegation of authority 
     within 1 year after the date on which the application for 
     delegation is approved (including approval under subsection 
     (c)(3) (B) or (C)(ii)).
       ``(D) Notice and opportunity to correct.--If the 
     Administrator proposes to withdraw a delegation of authority 
     for any or all delegated facilities, the Administrator shall 
     give the State written notice and allow the State at least 90 
     days after the date of receipt of the notice to correct the 
     deficiencies cited in the notice.
       ``(E) Failure to correct.--If the Administrator finds that 
     the deficiencies have not been corrected within the time 
     specified in a notice under subparagraph (D), the 
     Administrator may withdraw delegation of authority after 
     providing public notice and opportunity for comment.
       ``(F) Judicial review.--A decision of the Administrator to 
     withdraw a delegation of authority shall be subject to 
     judicial review under section 113(b).
       ``(3) Rule of construction.--Nothing in this section shall 
     be construed to affect the authority of the Administrator 
     under this Act to--
       ``(A) take a response action at a facility listed on the 
     National Priorities List in a State to which a delegation of 
     authority has not been made under this section or at a 
     facility not included in a delegation of authority; or
       ``(B) perform a delegable authority with respect to a 
     facility that is not included among the authorities delegated 
     to a State with respect to the facility.
       ``(4) Emergency removal.--
       ``(A) Notice.--Before performing an emergency removal 
     action under section 104 at a delegated facility, the 
     Administrator shall notify the delegated States of the 
     Administrator's intention to perform the removal.
       ``(B) State action.--If, after receiving a notice under 
     subparagraph (A), the delegated State notifies the 
     Administrator within 48 hours that the State intends to take 
     action to perform an emergency removal at the delegated 
     facility, the Administrator shall not perform the emergency 
     removal action unless the Administrator determines that the 
     delegated State has failed to act within a reasonable period 
     of time to perform the emergency removal.
       ``(C) Immediate and significant danger.--If the 
     Administrator finds that an emergency at a delegated facility 
     poses an immediate and significant danger to human health or 
     the environment, the Administrator shall not be required to 
     provide notice under subparagraph (A).
       ``(5) Prohibited actions.--Except as provided in 
     subsections (d)(6)(B), (e)(4), and (g) or except with the 
     concurrence of the delegated State, the President, the 
     Administrator, and the Attorney General shall not take any 
     action under section 104, 106, 107, 109, 121, or 122 in 
     performance of a delegable authority that has been delegated 
     to a State with respect to a delegated facility.
       ``(f) Funding.--
       ``(1) In general.--The Administrator shall provide grants 
     to or enter into contracts or cooperative agreements with 
     delegated States to carry out this section.
       ``(2) No claim against fund.--Notwithstanding any other 
     law, funds to be granted under this subsection shall not 
     constitute a claim against the Fund or the United States.
       ``(3) Determination of costs on a facility-specific 
     basis.--The Administrator shall--
       ``(A) determine--
       ``(i) the delegable authorities the costs of performing 
     which it is practicable to determine on a facility-specific 
     basis; and
       ``(ii) the delegable authorities the costs of performing 
     which it is not practicable to determine on a facility-
     specific basis; and
       ``(B) publish a list describing the delegable authorities 
     in each category.
       ``(4) Facility-specific grants.--The costs described in 
     paragraph (3)(A)(i) shall be funded as such costs arise with 
     respect to each delegated facility.
       ``(5) Nonfacility-specific grants.--
       ``(A) In general.--The costs described in paragraph 
     (3)(A)(ii) shall be funded through nonfacility-specific 
     grants under this paragraph.

[[Page S2694]]

       ``(B) Formula.--The Administrator shall establish a formula 
     under which funds available for nonfacility-specific grants 
     shall be allocated among the delegated States, taking into 
     consideration--
       ``(i) the cost of administering the delegated authority;
       ``(ii) the number of sites for which the State has been 
     delegated authority;
       ``(iii) the types of activities for which the State has 
     been delegated authority;
       ``(iv) the number of facilities within the State that are 
     listed on the National Priorities List or are delegated 
     facilities under section 127(d)(5);
       ``(v) the number of other high priority facilities within 
     the State;
       ``(vi) the need for the development of the State program;
       ``(vii) the need for additional personnel;
       ``(viii) the amount of resources available through State 
     programs for the cleanup of contaminated sites; and
       ``(ix) the benefit to human health and the environment of 
     providing the funding.
       ``(6) Permitted use of grant funds.--A delegated State may 
     use grant funds, in accordance with this Act and the National 
     Contingency Plan, to take any action or perform any duty 
     necessary to implement the authority delegated to the State 
     under this section.
       ``(7) Cost share.--
       ``(A) Assurance.--A delegated State to which a grant is 
     made under this subsection shall provide an assurance that 
     the State will pay any amount required under section 
     104(c)(3).
       ``(B) Prohibited use of grant funds.--A delegated State to 
     which a grant is made under this subsection may not use grant 
     funds to pay any amount required under section 104(c)(3).
       ``(8) Certification of use of funds.--
       ``(A) In general.--Not later than 1 year after the date on 
     which a delegated State receives funds under this subsection, 
     and annually thereafter, the Governor of the State shall 
     submit to the Administrator--
       ``(i) a certification that the State has used the funds in 
     accordance with the requirements of this Act and the National 
     Contingency Plan; and
       ``(ii) information describing the manner in which the State 
     used the funds.
       ``(B) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall issue a 
     regulation describing with particularity the information that 
     a State shall be required to provide under subparagraph 
     (A)(ii).
       ``(g) Cooperative Agreements.--Nothing in this section 
     shall affect the authority of the Administrator under section 
     104(d)(1) to enter into a cooperative agreement with a State, 
     a political subdivision of a State, or an Indian tribe to 
     carry out actions under section 104.
       ``(h) Non-National Priorities List Facilities.--
       ``(1) Definitions.--In this subsection, the term `non-
     National Priorities List facility' means a facility that is 
     not, and never has been, listed on the National Priorities 
     List and that is not owned or operated by a department, 
     agency, or instrumentality of the United States.
       ``(2) Finality.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a determination that a response action at a non-National 
     Priorities List facility or portion of a non-National 
     Priorities List facility is complete under State law is 
     final, and the facility shall not be subject to further 
     response action notwithstanding any provision of this Act or 
     any other Federal law.
       ``(B) Exception for emergency removals.--The Administrator 
     may conduct an emergency removal action under the authority 
     of section 104 subject to the notice requirement of section 
     135(e)(4) at a non-National Priorities List facility.''.
       (b) State Cost Share.--Section 104(c) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9604(c)) is amended--
       (1) by striking ``(c)(1) Unless'' and inserting the 
     following:
       ``(c) Miscellaneous Limitations and Requirements.--
       ``(1) Continuance of obligations from fund.--Unless'';
       (2) by striking ``(2) The President'' and inserting the 
     following:
       ``(2) Consultation.--The President''; and
       (3) by striking paragraph (3) and inserting the following:
       ``(3) State cost share.--
       ``(A) In general.--The Administrator shall not provide any 
     remedial action under this section unless the State in which 
     the release occurs first enters into a contract or 
     cooperative agreement with the Administrator providing 
     assurances deemed adequate by the Administrator that the 
     State will pay, in cash or through in-kind contributions, a 
     specified percentage of the costs of the remedial action and 
     operation and maintenance costs.
       ``(B) Activities with respect to which state cost share is 
     required.--No State cost share shall be required except for 
     remedial actions under section 104 and facilities with 
     respect to which there is an exemption under section 107(r).
       ``(C) Specified percentage.--
       ``(i) In general.--The specified percentage of costs that a 
     State shall be required to share shall be the lower of 10 
     percent or the percentage determined under clause (ii).
       ``(ii) Maximum in accordance with law prior to 1996 
     amendments.--

       ``(I) On petition by a State, the Director of the Office of 
     Management and Budget (referred to in this clause as the 
     `Director'), after providing public notice and opportunity 
     for comment, shall establish a cost share percentage, which 
     shall be uniform for all facilities in the State, at the 
     percentage rate at which the total amount of anticipated 
     payments by the State under the cost share for all facilities 
     in the State for which a cost share is required most closely 
     approximates the total amount of estimated cost share 
     payments by the State for facilities that would have been 
     required under cost share requirements that were applicable 
     prior to the date of enactment of this subparagraph, adjusted 
     to reflect the extent to which the State's ability to recover 
     costs under this Act were reduced by reason of enactment of 
     amendments to this Act by the Accelerated Cleanup and 
     Environmental Restoration Act of 1996.
       ``(II) The Director may adjust a State's cost share under 
     this clause not more frequently than every 3 years.

       ``(D) Indian tribes.--In the case of remedial action to be 
     taken on land or water held by an Indian Tribe, held by the 
     United States in trust for Indians, held by a member of an 
     Indian Tribe (if the land or water is subject to a trust 
     restriction on alienation), or otherwise within the borders 
     of an Indian reservation, the requirements of this paragraph 
     shall not apply.''.
       (c) Uses of Fund.--Section 111(a) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9611(a)) is amended by inserting after 
     paragraph (6) the following:
       ``(7) Grants to delegated states.--Making a grant to a 
     delegated State under section 135(f).''.
       (d) Relationship to Other Laws.--
       (1) In general.--Section 114(b) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9614(b)) is amended by striking ``removal'' 
     each place it appears and inserting ``response''.
       (2) Conforming amendment.--Section 101(37)(B) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601(37)(B)) is amended by 
     striking ``section 114(c)'' and inserting ``section 114(b)''.
                      TITLE III--VOLUNTARY CLEANUP

     SEC. 301. ASSISTANCE FOR QUALIFYING STATE VOLUNTARY RESPONSE 
                   PROGRAMS.

       (a) Definition.--Section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601) is amended by adding at the end the 
     following:
       ``(39) Qualifying state voluntary response program.--The 
     term `qualifying State voluntary response program' means a 
     State program that includes the elements described in section 
     133(b).''.
       (b) Qualifying State Voluntary Response Programs.--Title I 
     of the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as 
     amended by section 501, is amended by adding at the end the 
     following:

     ``SEC. 133. QUALIFYING STATE VOLUNTARY RESPONSE PROGRAMS.

       ``(a) Assistance to States.--The Administrator shall 
     provide technical and other assistance to States to establish 
     and expand qualifying State voluntary response programs that 
     include the elements listed in subsection (b).
       ``(b) Elements.--The elements of a qualifying State 
     voluntary response program are the following:
       ``(1) Opportunities for technical assistance for voluntary 
     response actions.
       ``(2) Adequate opportunities for public participation, 
     including prior notice and opportunity for comment in 
     appropriate circumstances, in selecting response actions.
       ``(3) Streamlined procedures to ensure expeditious 
     voluntary response actions.
       ``(4) Oversight and enforcement authorities or other 
     mechanisms that are adequate to ensure that--
       ``(A) voluntary response actions will protect human health 
     and the environment and be conducted in accordance with 
     applicable Federal and State law; and
       ``(B) if the person conducting the voluntary response 
     action fails to complete the necessary response activities, 
     including operation and maintenance or long-term monitoring 
     activities, the necessary response activities are completed.
       ``(5) Mechanisms for approval of a voluntary response 
     action plan.
       ``(6) A requirement for certification or similar 
     documentation from the State to the person conducting the 
     voluntary response action indicating that the response is 
     complete.''.
       (c) Funding.--Section 111(a) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9611), as amended by section 201(b), is 
     amended by inserting after paragraph (7) the following:
       ``(8) Qualifying state voluntary response programs.--For 
     assistance to States to establish and administer qualifying 
     State voluntary response programs, during the first 5 full 
     fiscal years following the date of enactment of this 
     subparagraph, in a total amount to all States that is not 
     less than 2 percent and not more than 5 percent of the amount 
     available in the Fund for each such

[[Page S2695]]

     fiscal year, distributed among each of the States that 
     notifies the Administrator of the State's intent to establish 
     a qualifying State voluntary response program and each of the 
     States with a qualifying State voluntary response program in 
     the amount that is equal to the total amount multiplied by a 
     fraction--
       ``(A) the numerator of which is the number of facilities in 
     the State that, as of September 29, 1995, were listed on the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Information System (not including facilities that 
     are listed on the National Priorities List); and
       ``(B) the denominator of which is the total number of such 
     facilities in the United States.''.
       (d) Compliance With Act.--A person that conducts a 
     voluntary response action under this section at a facility 
     that is listed or proposed for listing on the National 
     Priorities List shall implement applicable provisions of this 
     Act or of similar provisions of State law in a manner 
     comporting with State policy, so long as the remedial action 
     that is selected protects human health and the environment to 
     the same extent as would a remedial action selected by the 
     Administrator under section 121(a).

     SEC. 302. BROWNFIELD CHARACTERIZATION PROGRAM.

       Title I of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.), as amended by section 301(b), is amended by adding at 
     the end the following:

     ``SEC. 134. BROWNFIELD CHARACTERIZATION PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Administrative cost.--The term `administrative cost' 
     does not include the cost of--
       ``(A) investigation and identification of the extent of 
     contamination;
       ``(B) design and performance of a response action; or
       ``(C) monitoring of natural resources.
       ``(2) Brownfield facility.--The term `brownfield facility' 
     means--
       ``(A) a parcel of land that contains an abandoned, idled, 
     or underused commercial or industrial facility, the expansion 
     or redevelopment of which is complicated by the presence or 
     potential presence of a hazardous substance; but
       ``(B) does not include--
       ``(i) a facility that is the subject of a removal or 
     planned removal under title I;
       ``(ii) a facility that is listed or has been proposed for 
     listing on the National Priorities List or that has been 
     delisted under section 135(d)(5);
       ``(iii) a facility that is subject to corrective action 
     under section 3004(u) or 3008(h) of the Solid Waste Disposal 
     Act (42 U.S.C. 6924(u) or 6928(h)) at the time at which an 
     application for a grant or loan concerning the facility is 
     submitted under this section;
       ``(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 with respect to which an administrative 
     order on consent or judicial consent decree requiring cleanup 
     has been entered into by the United States under this Act, 
     the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
     the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), or 
     title XIV of the Public Health Service Act (commonly known as 
     the `Safe Drinking Water Act') (42 U.S.C. 300f et seq.);
       ``(vi) a facility that is owned or operated by a 
     department, agency, or instrumentality of the United States; 
     or
       ``(vii) a portion of a facility, for which portion, 
     assistance for response activity has been obtained under 
     subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et 
     seq.) from the Leaking Underground Storage Tank Trust Fund 
     established under section 9508 of the Internal Revenue Code 
     of 1986.
       ``(3) Eligible entity.--The term `eligible entity' means--
       ``(A) a general purpose unit of local government;
       ``(B) a land clearance authority or other quasi-
     governmental entity that operates under the supervision and 
     control of or as an agent of a general purpose unit of local 
     government;
       ``(C) a regional council or group of general purpose units 
     of local government;
       ``(D) a redevelopment agency that is chartered or otherwise 
     sanctioned by a State; and
       ``(E) an Indian tribe.
       ``(b) Brownfield Characterization Program.--
       ``(1) Establishment of program.--The Administrator shall 
     establish a program to provide interest-free loans for the 
     site characterization and assessment of brownfield 
     facilities.
       ``(2) Assistance for site characterization and 
     assessment.--
       ``(A) In general.--On approval of an application made by an 
     eligible entity, the Administrator may make interest-free 
     loans out of the Fund to the eligible entity to be used for 
     the site characterization and assessment of 1 or more 
     brownfield facilities.
       ``(B) Appropriate inquiry.--A site characterization and 
     assessment carried out with the use of a loan under 
     subparagraph (A) shall be performed in accordance with 
     section 101(35)(B).
       ``(C) Repayment.--
       ``(i) In general.--An eligible entity that receives a loan 
     under subparagraph (A) shall agree to repay the full amount 
     of the loan within 10 years after the date on which the loan 
     is made.
       ``(ii) Deposit in fund.--Repayments on a loan under 
     subparagraph (A) shall be deposited in the Fund.
       ``(3) Hazardous substance superfund.--Notwithstanding 
     section 111 of this Act or any provision of the Superfund 
     Amendments and Reauthorization Act of 1986 (100 Stat. 1613), 
     there is authorized to be appropriated out of the Fund 
     $15,000,000 for each of the first 5 fiscal years beginning 
     after the date of enactment of this section, to be used for 
     making interest-free loans under paragraph (2).
       ``(4) Maximum loan amount.--A loan under subparagraph (A) 
     shall not exceed, with respect to each brownfield facility 
     covered by the loan, $100,000 for any fiscal year or $200,000 
     in total.
       ``(5) Sunset.--No amount shall be available from the Fund 
     for purposes of this section after the fifth fiscal year 
     after the date of enactment of this section.
       ``(6) Prohibition.--No part of a loan under this section 
     may be used for payment of penalties, fines, or 
     administrative costs.
       ``(7) Audits.--The Inspector General of the Environmental 
     Protection Agency shall audit all loans made under paragraph 
     (2) to ensure that all funds are used for the purposes 
     described in this section and that all loans are repaid in 
     accordance with paragraph (2).
       ``(8) Agreements.--Each loan 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 loan 
     exclusively for purposes specified in paragraph (2); and
       ``(C) contains such other terms and conditions as the 
     Administrator determines to be necessary to protect the 
     financial interests of the United States and to carry out the 
     purposes of this section.
       ``(9) Leveraging.--An eligible entity that receives a loan 
     under paragraph (1) may use the loaned funds for part of a 
     project at a brownfield facility for which funding is 
     received from other sources, but the loan funds shall be used 
     only for the purposes described in paragraph (2).
       ``(c) Loan Applications.--
       ``(1) In general.--Any eligible entity may submit an 
     application to the Administrator, through a regional office 
     of the Environmental Protection Agency and in such form as 
     the Administrator may require, for a loan under this section 
     for 1 or more brownfield facilities.
       ``(2) Application requirements.--An application for a loan 
     under this section shall include--
       ``(A) an identification of each brownfield facility for 
     which the loan is sought and a description of the 
     redevelopment plan for the area or areas in which each 
     facility is located, including a description of the nature 
     and extent of any known or suspected environmental 
     contamination within the area;
       ``(B) an analysis that demonstrates the potential of the 
     grant to stimulate economic development on completion of the 
     planned response action, including a projection of the number 
     of jobs expected to be created at the facility after 
     remediation and redevelopment and, to the extent feasible, a 
     description of the type and skill level of the jobs and a 
     projection of the increases in revenues accruing to Federal, 
     State, and local governments from the jobs; and
       ``(C) information relevant to the ranking criteria stated 
     in paragraph (4).
       ``(3) Approval.--
       ``(A) Initial loans.--On or about March 30 and September 30 
     of the first fiscal year following the date of enactment of 
     this section, the Administrator shall make loans under this 
     section to eligible entities that submit applications before 
     those dates that the Administrator determines have the 
     highest rankings under ranking criteria established under 
     paragraph (4).
       ``(B) Subsequent loans.--Beginning with the second fiscal 
     year following the date of enactment of this section, the 
     Administrator shall make an annual evaluation of each 
     application received during the prior fiscal year and make 
     loans under this section to eligible entities that submit 
     applications during the prior year that the Administrator 
     determines have the highest rankings under the ranking 
     criteria established under paragraph (4).
       ``(4) Ranking criteria.--The Administrator shall establish 
     a system for ranking loan applications that includes the 
     following criteria:
       ``(A) The extent to which a loan 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.

[[Page S2696]]

       ``(ii) The potential of a loan to create new or expand 
     existing business and employment opportunities (particularly 
     full-time employment opportunities) on completion of any 
     necessary response action.
       ``(iii) The estimated additional 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 loan 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.''.

     SEC. 303. TREATMENT OF SECURITY INTEREST HOLDERS AND 
                   FIDUCIARIES AS OWNERS OR OPERATORS.

       (a) Definition of Owner or Operator.--Section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601), as amended by section 
     301(a), is amended--
       (1) in paragraph (20)--
       (A) in subparagraph (A) by striking the second sentence; 
     and
       (B) by adding at the end the following:
       ``(E) Security interest holders.--
       ``(i) In general.--The term `owner or operator' does not 
     include a person that, without participating in the 
     management of a vessel or facility, holds an indicium of 
     ownership primarily to protect the person's security interest 
     in a vessel or facility.
       ``(ii) Participating in management.--A security interest 
     holder--

       ``(I) shall be considered to be participating in management 
     of a vessel or facility only if the security interest holder 
     has undertaken--

       ``(aa) responsibility for the hazardous substance handling 
     or disposal practices of the vessel or facility; or
       ``(bb) overall management of the vessel or facility 
     encompassing day-to-day decisionmaking over environmental 
     compliance or over an operational function (including 
     functions such as those of a plant manager, operations 
     manager, chief operating officer, or chief executive 
     officer), as opposed to financial and administrative aspects, 
     of a vessel or facility; and

       ``(II) shall not be considered to be participating in 
     management solely on the ground that the security interest 
     holder--

       ``(aa) serves in a capacity or has the ability to influence 
     or the right to control the operation of a vessel or facility 
     if that capacity, ability, or right is not exercised;
       ``(bb) acts, or causes or requires another person to act, 
     to comply with an applicable law or to respond lawfully to 
     disposal of a hazardous substance;
       ``(cc) performs an act or omits to act in any way with 
     respect to a vessel or facility prior to the time at which a 
     security interest is created in a vessel or facility;
       ``(dd) holds, abandons, or releases a security interest;
       ``(ee) includes in the terms of an extension of credit, or 
     in a contract or security agreement relating to an extension 
     of credit, a covenant, warranty, or other term or condition 
     that relates to environmental compliance;
       ``(ff) monitors or enforces a term or condition of an 
     extension of credit or a security interest;
       ``(gg) monitors or undertakes 1 or more inspections of a 
     vessel or facility;
       ``(hh) requires or conducts a response action or other 
     lawful means of addressing a release or threatened release of 
     a hazardous substance in connection with a vessel or facility 
     prior to, during, or on the expiration of the term of an 
     extension of credit;
       ``(ii) provides financial or other advice or counseling in 
     an effort to mitigate, prevent, or cure a default or 
     diminution in the value of a vessel or facility;
       ``(jj) exercises forbearance by restructuring, 
     renegotiating, or otherwise agreeing to alter a term or 
     condition of an extension of credit or a security interest; 
     or
       ``(kk) exercises any remedy that may be available under law 
     for the breach of a term or condition of an extension of 
     credit or a security agreement.
       ``(iii) Foreclosure.--Legal or equitable title acquired by 
     a security interest holder through foreclosure (or the 
     equivalent of foreclosure) shall be considered to be held 
     primarily to protect a security interest if the holder 
     undertakes to sell, re-lease, or otherwise divest the vessel 
     or facility in a reasonably expeditious manner on 
     commercially reasonable terms.
       ``(iv) Definition of security interest.--In this 
     subparagraph, the term `security interest' includes a right 
     under a mortgage, deed of trust, assignment, judgment lien, 
     pledge, security agreement, factoring agreement, or lease, or 
     any other right accruing to a person to secure the repayment 
     of money, the performance of a duty, or any other obligation.
       ``(F) Fiduciaries.--
       ``(i) In general.--The term `owner or operator' does not 
     include a fiduciary that holds legal or equitable title to, 
     is the mortgagee or secured party with respect to, controls, 
     or manages, directly or indirectly, a vessel or facility for 
     the purpose of administering an estate or trust of which the 
     vessel or facility is a part.''; and
       (2) by adding at the end the following:
       ``(40) Fiduciary.--The term `fiduciary' means a person that 
     is acting in the capacity of--
       ``(A) an executor or administrator of an estate, including 
     a voluntary executor or a voluntary administrator;
       ``(B) a guardian;
       ``(C) a conservator;
       ``(D) a trustee under a will or a trust agreement under 
     which the trustee takes legal or equitable title to, or 
     otherwise controls or manages, a vessel or facility for the 
     purpose of protecting or conserving the vessel or facility 
     under the rules applied in State court;
       ``(E) a court-appointed receiver;
       ``(F) a trustee appointed in proceedings under title 11, 
     United States Code;
       ``(G) an assignee or a trustee acting under an assignment 
     made for the benefit of creditors; or
       ``(H) a trustee, or a successor to a trustee, under an 
     indenture agreement, trust agreement, lease, or similar 
     financing agreement, for debt securities, certificates of 
     interest of participation in debt securities, or other forms 
     of indebtedness as to which the trustee is not, in the 
     capacity of trustee, the lender.''.
       (b) Liability of Fiduciaries and Lenders.--Section 107 of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607) is amended by adding 
     at the end the following:
       ``(n) Liability of Fiduciaries.--
       ``(1) In general.--The liability of a fiduciary that is 
     liable under any other provision of this Act for the release 
     or threatened release of a hazardous substance from a vessel 
     or facility held by a fiduciary may not exceed the assets 
     held by the fiduciary that are available to indemnify the 
     fiduciary.
       ``(2) No individual liability.--Subject to the other 
     provisions of this subsection, a fiduciary shall not be 
     liable in an individual capacity under this Act.
       ``(3) Exceptions.--This subsection does not preclude a 
     claim under this Act against--
       ``(A) the assets of the estate or trust administered by a 
     fiduciary;
       ``(B) a nonemployee agent or independent contractor 
     retained by a fiduciary; or
       ``(C) a fiduciary that causes or contributes to a release 
     or threatened release of a hazardous substance.
       ``(4) Safe harbor.--Subject to paragraph (5), a fiduciary 
     shall not be liable in an individual capacity under this Act 
     for--
       ``(A) undertaking or directing another to undertake a 
     response action under section 107(d)(1) or under the 
     direction of an on-scene coordinator designated by the 
     Administrator or the Coast Guard to coordinate and direct 
     responses under subpart D of the National Contingency Plan or 
     by the lead agency to coordinate and direct removal actions 
     under subpart E of the National Contingency Plan;
       ``(B) undertaking or directing another to undertake any 
     other lawful means of addressing a hazardous substance in 
     connection with a vessel or facility;
       ``(C) terminating the fiduciary relationship;
       ``(D) including, monitoring, or enforcing a covenant, 
     warranty, or other term or condition in the terms of a 
     fiduciary agreement that relates to compliance with 
     environmental laws;
       ``(E) monitoring or undertaking 1 or more inspections of a 
     vessel or facility;
       ``(F) providing financial or other advice or counseling to 
     any party to the fiduciary relationship, including the 
     settlor or beneficiary;
       ``(G) restructuring, renegotiating, or otherwise altering a 
     term or condition of the fiduciary relationship;
       ``(H) administering a vessel or facility that was 
     contaminated before the period of service of the fiduciary 
     began; or
       ``(I) declining to take any of the actions described in 
     subparagraphs (B) through (H).
       ``(5) Due care.--This subsection does not limit the 
     liability of a fiduciary if the fiduciary fails to exercise 
     due care and the failure causes or contributes to the release 
     of a hazardous substance.
       ``(6) Rule of construction.--Nothing in this subsection 
     shall be construed to--
       ``(A) affect the rights or immunities or other defenses 
     that are available under this Act or other applicable law to 
     any person;
       ``(B) create any liability for any person; or
       ``(C) create a private right of action against a fiduciary 
     or against a Federal agency that regulates lenders.
       ``(o) Liability of Lenders.--
       ``(1) Definitions.--In this subsection:
       ``(A) Actual benefit.--The term `actual benefit' means the 
     net gain, if any, realized by a lender due to an action.
       ``(B) Extension of credit.--The term `extension of credit' 
     includes a lease finance transaction--
       ``(i) in which the lessor does not initially select the 
     leased vessel or facility and does not during the lease term 
     control the daily operations or maintenance of the vessel or 
     facility; or
       ``(ii) that conforms to all regulations issued by any 
     appropriate Federal banking agency (as defined in section 
     3(q) of the Federal Deposit Insurance Act (12 U.S.C. 
     1813(q))) and any appropriate State banking regulatory 
     authority.

[[Page S2697]]

       ``(C) Foreclosure.--The term `foreclosure' means the 
     acquisition of a vessel or facility through--
       ``(i) purchase at sale under a judgment or decree, a power 
     of sale, a nonjudicial foreclosure sale, or from a trustee, 
     deed in lieu of foreclosure, or similar conveyance, or 
     through repossession, if the vessel or facility was security 
     for an extension of credit previously contracted;
       ``(ii) conveyance under an extension of credit previously 
     contracted, including the termination of a lease agreement; 
     or
       ``(iii) any other formal or informal manner by which a 
     person acquires, for subsequent disposition, possession of 
     collateral in order to protect the security interest of the 
     person.
       ``(D) Lender.--The term `lender' means--
       ``(i) a person that makes a bona fide extension of credit 
     to, or takes a security interest from, another party;
       ``(ii) the Federal National Mortgage Association, the 
     Federal Home Loan Mortgage Corporation, the Federal 
     Agricultural Mortgage Corporation, or any other entity that 
     in a bona fide manner is engaged in the business of buying or 
     selling loans or interests in loans;
       ``(iii) a person engaged in the business of insuring or 
     guaranteeing against a default in the repayment of an 
     extension of credit, or acting as a surety with respect to an 
     extension of credit, to another party; and
       ``(iv) a person regularly engaged in the business of 
     providing title insurance that acquires a vessel or facility 
     as a result of an assignment or conveyance in the course of 
     underwriting a claim or claim settlement.
       ``(E) Net gain.--The term `net gain' means an amount not in 
     excess of the amount realized by a lender on the sale of a 
     vessel or facility less acquisition, holding, and disposition 
     costs.
       ``(F) Vessel or facility acquired through foreclosure.--The 
     term `vessel or facility acquired through foreclosure'--
       ``(i) means a vessel or facility that is acquired by a 
     lender through foreclosure from a person that is not 
     affiliated with the lender; but
       ``(ii) does not include such a vessel or facility if the 
     lender does not seek to sell or otherwise divest the vessel 
     or facility at the earliest practicable, commercially 
     reasonable time, on commercially reasonable terms, taking 
     into account market conditions and legal and regulatory 
     requirements.
       ``(2) Liability limitation.--
       ``(A) In general.--The liability of a lender that is liable 
     under any other provision of this Act for the release or 
     threatened release of a hazardous substance at, from, or in 
     connection with a vessel or facility shall be limited to the 
     amount described in subparagraph (E) if the vessel or 
     facility is--
       ``(i) a vessel or facility acquired through foreclosure;
       ``(ii) a vessel or facility subject to a security interest 
     held by the lender;
       ``(iii) a vessel or facility held by a lessor under the 
     terms of an extension of credit; or
       ``(iv) a vessel or facility subject to financial control or 
     financial oversight under the terms of an extension of 
     credit.
       ``(B) Amount.--The amount described in this subparagraph is 
     the excess of the fair market value of a vessel or facility 
     on the date on which the liability of a lender is determined 
     over the fair market value of the vessel or facility on the 
     date that is 180 days before the date on which the response 
     action is initiated, not to exceed the amount that the lender 
     realizes on the sale of the vessel or facility after 
     subtracting acquisition, holding, and disposition costs.
       ``(3) Exclusion.--This subsection does not limit the 
     liability of a lender that causes or contributes to the 
     release or threatened release of a hazardous substance.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to--
       ``(A) affect the rights or immunities or other defenses 
     that are available under this Act or other applicable law to 
     any person;
       ``(B) create any liability for any person; or
       ``(C) create a private right of action against a lender or 
     against a Federal agency that regulates lenders.''.

     SEC. 304. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.

       The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 45. FEDERAL BANKING AND LENDING AGENCY LIABILITY.

       ``(a) Definitions.--In this section:
       ``(1) Federal banking or lending agency.--The term `Federal 
     banking or lending agency'--
       ``(A) means the Corporation, the Resolution Trust 
     Corporation, the Board of Governors of the Federal Reserve 
     System, the Comptroller of the Currency, the Office of Thrift 
     Supervision, a Federal Reserve Bank, a Federal Home Loan 
     Bank, the Department of Housing and Urban Development, the 
     National Credit Union Administration Board, the Farm Credit 
     Administration, the Farm Credit System Insurance Corporation, 
     the Farm Credit System Assistance Board, the Farmers Home 
     Administration, the Rural Electrification Administration, the 
     Small Business Administration, and any other Federal agency 
     acting in a similar capacity, in any of their capacities, and 
     their agents or appointees; and
       ``(B) includes a first subsequent purchaser of the vessel 
     or facility from a Federal banking or lending agency, unless 
     the purchaser--
       ``(i) would otherwise be liable or potentially liable for 
     all or part of the costs of the removal, remedial, 
     corrective, or other response action due to a prior 
     relationship with the vessel or facility;
       ``(ii) is or was affiliated with or related to a party 
     described in clause (i);
       ``(iii) fails to agree to take reasonable steps necessary 
     to remedy the release or threatened release or to protect 
     public health and safety in a manner consistent with the 
     purposes of applicable environmental laws; or
       ``(iv) causes or contributes to any additional release or 
     threatened release on the vessel or facility.
       ``(2) Facility.--The term `facility' has the meaning stated 
     in section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
       ``(3) Hazardous substance.--The term `hazardous substance' 
     means a hazardous substance (as defined in section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601)).
       ``(4) Release.--The term `release' has the meaning stated 
     in section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
       ``(5) Response action.--The term `response action' has the 
     meaning stated in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       ``(6) Vessel.--The term `vessel' has the meaning stated in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
       ``(b) Federal Banking and Lending Agencies Not Strictly 
     Liable.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     Federal banking or lending agency shall not be liable under 
     section 106 or 107 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9606, 9607) for the release or threatened release of a 
     hazardous substance at or from a vessel or facility 
     (including a right or interest in a vessel or facility) 
     acquired--
       ``(A) in connection with the exercise of receivership or 
     conservatorship authority, or the liquidation or winding up 
     of the affairs of an insured depository institution, 
     including a subsidiary of an insured depository institution;
       ``(B) in connection with the provision of a loan, a 
     discount, an advance, a guarantee, insurance, or other 
     financial assistance; or
       ``(C) in connection with a vessel or facility received in a 
     civil or criminal proceeding, or administrative enforcement 
     action, whether by settlement or by order.
       ``(2) Active causation.--Subject to section 107(d) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607(d)), a Federal banking 
     or lending agency that causes or contributes to a release or 
     threatened release of a hazardous substance may be liable for 
     a response action pertaining to the release or threatened 
     release.
       ``(3) Federal or state action.--Notwithstanding subsection 
     (a)(1)(B), if a Federal agency or State environmental agency 
     is required to take a response action because a subsequent 
     purchaser--
       ``(A) fails to agree to take reasonable steps necessary to 
     remedy a release or threatened release or to protect public 
     health and safety in a manner consistent with the purposes of 
     applicable environmental laws; or
       ``(B) causes or contributes to any additional release or 
     threatened release on the vessel or facility,

     the subsequent purchaser shall reimburse the Federal agency 
     or State environmental agency for the costs of the response 
     action in an amount not to exceed the increase in the fair 
     market value of the vessel or facility attributable to the 
     response action.
       ``(c) Lien Exemption.--Notwithstanding any other law, a 
     vessel or facility held by a subsequent purchaser described 
     in subsection (a)(1)(B) or held by a Federal banking or 
     lending agency shall not be subject to a lien for costs or 
     damages associated with the release or threatened release of 
     a hazardous substance existing at the time of the transfer.
       ``(d) Exemption From Covenants To Remediate.--
     Notwithstanding section 120, a Federal banking or lending 
     agency shall be exempt from any law requiring the agency to 
     grant a covenant warranting that a response action has been, 
     or will in the future be, taken with respect to a vessel or 
     facility acquired in a manner described in subsection (b)(1).
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) affect the rights or immunities or other defenses 
     that are available to any party under this Act, the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other 
     law;
       ``(2) create any liability for any party;
       ``(3) create a private right of action against an insured 
     depository institution or lender, a Federal banking or 
     lending agency, or any other party, except as provided in 
     subsection (b)(3);
       ``(4) preempt, affect, apply to, or modify a State law or a 
     right, cause of action, or obligation under State law, except 
     that the liability of a Federal banking or lending agency for 
     a response action under a State law shall not exceed the 
     value of the interest of

[[Page S2698]]

     the agency in the asset giving rise to the liability; or
       ``(5) preclude a Federal banking or lending agency from 
     agreeing with a State to transfer a vessel or facility to the 
     State in lieu of any liability that might otherwise be 
     imposed under State law.''.

     SEC. 305. CONTIGUOUS PROPERTIES.

       Section 107 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)), 
     as amended by section 303(b), is amended by adding at the end 
     the following:
       ``(p) Contiguous Properties.--
       ``(1) Not considered to be an owner or operator.--A person 
     that owns or operates real property that is contiguous to or 
     otherwise similarly situated with respect to real property on 
     which there has been a release or threatened release of a 
     hazardous substance and that is or may be contaminated by the 
     release shall not be considered to be an owner or operator of 
     a vessel or facility under subsection (a) (1) or (2) solely 
     by reason of the contamination if--
       ``(A) the person did not cause, contribute, or consent to 
     the release or threatened release; and
       ``(B) the person is not liable, and is not affiliated with 
     any other person that is liable, for any response costs at 
     the facility, through any direct or indirect familial 
     relationship, or any contractual, corporate, or financial 
     relationship other than that created by the instruments by 
     which title to the facility is conveyed or financed.
       ``(2) Cooperation, assistance, and access.--Notwithstanding 
     paragraph (1), a person described in paragraph (1) shall 
     provide full cooperation, assistance, and facility access to 
     the persons that are responsible for response actions at the 
     facility, including the cooperation and access necessary for 
     the installation, integrity, operation, and maintenance of 
     any complete or partial response action at the facility.
       ``(3) Assurances.--The Administrator may--
       ``(A) issue an assurance that no enforcement action under 
     this Act will be initiated against a person described in 
     paragraph (1); and
       ``(B) grant a person described in paragraph (1) protection 
     against a cost recovery or contribution action under section 
     113(f).''.

     SEC. 306. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.

       (a) Definition.--Section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601), as amended by section 303(a)(2), is 
     amended by adding at the end the following:
       ``(41) 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 active disposal 
     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 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.
       ``(F) Relationship.--The person is not liable, and is not 
     affiliated with any other person that is liable, for any 
     response costs at the facility, through any direct or 
     indirect familial relationship, or any contractual, 
     corporate, or financial relationship other than that created 
     by the instruments by which title to the facility is conveyed 
     or financed.''.
       (b) Amendment.--Section 107 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9607), as amended by section 305, is amended 
     by adding at the end the following:
       ``(q) 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)(C) and each of the conditions 
     described in paragraph (3) is met, the United States shall 
     have a lien on the facility, or may obtain from appropriate 
     responsible party a lien on any other property or other 
     assurances of payment satisfactory to the Administrator, for 
     such unrecovered costs.
       ``(3) Conditions.--The conditions referred to in paragraph 
     (1) are the following:
       ``(A) Response action.--A response action for which there 
     are unrecovered costs is carried out at the facility.
       ``(B) Fair market value.--The response action increases the 
     fair market value of the facility above the fair market value 
     of the facility that existed 180 days before the response 
     action was initiated.
       ``(C) Sale.--A sale or other disposition of all or a 
     portion of the facility has occurred.
       ``(4) Amount.--A lien under paragraph (2)--
       ``(A) shall not exceed the increase in fair market value of 
     the property attributable to the response action at the time 
     of a subsequent sale or other disposition of the property;
       ``(B) shall arise at the time at which costs are first 
     incurred by the United States with respect to a response 
     action at the facility;
       ``(C) shall be subject to the requirements of subsection 
     (l)(3); and
       ``(D) shall continue until the earlier of satisfaction of 
     the lien or recovery of all response costs incurred at the 
     facility.''.

     SEC. 307. 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 by striking subparagraph 
     (B) and inserting the following:
       ``(B) Knowledge of inquiry requirement.--
       ``(i) All appropriate inquiries.--To establish that the 
     defendant had no reason to know of the matter described in 
     subparagraph (A)(i), the defendant must show that, at or 
     prior to the date on which the defendant acquired the 
     facility, the defendant undertook all appropriate inquiries 
     into the previous ownership and uses of the facility in 
     accordance with generally accepted good commercial and 
     customary standards and practices.
       ``(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.

[[Page S2699]]

       ``(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 IV--SELECTION OF REMEDIAL ACTIONS

     SEC. 401. DEFINITIONS.

       Section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601), as 
     amended by section 306(a), is amended by adding at the end 
     the following:
       ``(42) Actual or planned or reasonably anticipated future 
     use of the land and water resources.--The term `actual or 
     planned or reasonably anticipated future use of the land and 
     water resources' means--
       ``(A) the actual use of the land, surface water, and ground 
     water at a facility on the date of submittal of the proposed 
     remedial action plan; and
       ``(B)(i) with respect to land--
       ``(I) the use of land that is authorized by the zoning or 
     land use decisions formally adopted, at or prior to the time 
     of the initiation of the facility evaluation, by the local 
     land use planning authority for a facility and the land 
     immediately adjacent to the facility; and
       ``(II) any other reasonably anticipated use that the local 
     land use authority, in consultation with the community 
     response organization (if any), determines to have a 
     substantial probability of occurring based on recent (as of 
     the time of the determination) development patterns in the 
     area in which the facility is located and on population 
     projections for the area; and
       ``(ii) with respect to water resources, the future use of 
     the surface water and ground water that is potentially 
     affected by releases from a facility that is reasonably 
     anticipated, by a local government or other governmental unit 
     that regulates surface or ground water use or surface or 
     ground water use planning in the vicinity of the facility, on 
     the earlier of--
       ``(I) the date of issuance of the first record of decision; 
     or
       ``(II) the initiation of the facility evaluation.
       ``(43) Significant ecosystem.--The term `significant 
     ecosystem', for the purpose of section 121(a)(1)(B), means an 
     ecosystem that exhibits a uniqueness, particular value, or 
     historical presence or that is widely recognized as a 
     significant resource at the national, State or local level.
       ``(44) Valuable ecosystem.--The term `valuable ecosystem' 
     means an ecosystem that is a known source of significant 
     human or ecological benefits for its function.
       ``(45) Sustainable ecosystem.--The term `sustainable 
     ecosystem' means an ecosystem that has redundancy and 
     resiliency sufficient to enable the ecosystem to continue to 
     function and provide benefits within the normal range of its 
     variability notwithstanding exposure to hazardous substances 
     resulting from releases.
       ``(46) Ecological resource.--The term `ecological resource' 
     means land, fish, wildlife, biota, air, surface water, and 
     ground water within an ecosystem.
       ``(47) Significant risk to ecological resources that are 
     necessary to the sustainability of a significant ecosystem or 
     valuable ecosystem.--The term `significant risk to ecological 
     resources that are necessary to the sustainability of a 
     significant ecosystem or valuable ecosystem' means the risk 
     associated with exposures and impacts resulting from the 
     release of hazardous substances which together reduce or 
     eliminate the sustainability (within the meaning of paragraph 
     (45)) of a significant ecosystem or valuable ecosystem.''.

     SEC. 402. SELECTION AND IMPLEMENTATION OF REMEDIAL ACTIONS.

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

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

       ``(a) General Rules.--
       ``(1) Selection of most cost-effective remedial action that 
     protects human health and the environment.--
       ``(A) In general.--The Administrator shall select a 
     remedial action that is the most cost-effective means of 
     achieving the goals of protecting human health and the 
     environment as stated in subparagraph (B) using the criteria 
     stated in subparagraph (C).
       ``(B) Goals of protecting human health and the 
     environment.--
       ``(i) Protection of human health.--A remedial action shall 
     be considered to protect human health if, considering the 
     expected exposures associated with the actual or planned or 
     reasonably anticipated future use of the land and water 
     resources, the remedial action achieves a residual risk--

       ``(I) from exposure to carcinogenic hazardous substances, 
     pollutants, or contaminants such that cumulative lifetime 
     additional cancer from exposure to hazardous substances from 
     releases at the facility range from 10-4 to 10-6 
     for the affected population; and
       ``(II) from exposure to noncarcinogenic hazardous 
     substances, pollutants, or contaminants at the facility that 
     does not pose an appreciable risk of deleterious effects.

       ``(ii) Protection of the environment.--A remedial action 
     shall be considered to protect the environment if, based on 
     the actual or planned or reasonably anticipated future use of 
     the land and water resources, the remedial action will 
     protect against significant risks to ecological resources 
     that are necessary to the sustainability of a significant 
     ecosystem or valuable ecosystem and will not interfere with a 
     sustainable functional ecosystem.
       ``(C) Compliance with federal and state laws.--
       ``(i) Substantive requirements.--

       ``(I) In general.--Subject to clause (iii), a remedial 
     action shall--

       ``(aa) comply with the substantive requirements of all 
     promulgated standards, requirements, criteria, and 
     limitations under each Federal law and each State law 
     relating to the environment or to the siting of facilities 
     (including a State law that imposes a more stringent 
     standard, requirement, criterion, or limitation than Federal 
     law) that is applicable to the conduct or operation of the 
     remedial action or to determination of the level of cleanup 
     for remedial actions; and
       ``(bb) comply with or attain any other promulgated 
     standard, requirement, criterion, or limitation under any 
     State law relating to the environment or siting of facilities 
     that applies to the conduct or operation of remedial actions 
     under this Act, as determined by the State, after the date of 
     enactment of the Accelerated Cleanup and Environmental 
     Restoration Act of 1996, through a rulemaking procedure that 
     includes public notice, comment, and written response 
     comment, and opportunity for judicial review, but only if the 
     State demonstrates that the standard, requirement, criterion, 
     or limitation is consistently applied to remedial actions 
     under State law.

       ``(II) Identification of facilities.--Compliance with a 
     State standard, requirement, criterion, or limitation 
     described in subclause (I) shall be required at a facility if 
     the standard, requirement, criterion, or limitation has been 
     identified by the State to the Administrator in a timely 
     manner as being applicable to the facility.
       ``(III) Published lists.--Each State shall publish a 
     comprehensive list of the standards, requirements, criteria, 
     and limitations that the State may apply to remedial actions 
     under this Act, and shall revise the list periodically, as 
     requested by the Administrator.
       ``(IV) Contaminated media.--Compliance with this clause 
     shall not be required with respect to return, replacement, or 
     disposal of contaminated media or residuals of contaminated 
     media into the same media in or very near then-existing areas 
     of contamination onsite at a facility.

       ``(ii) Procedural requirements.--Procedural requirements of 
     Federal and State standards, requirements, criteria, and 
     limitations (including permitting requirements) shall not 
     apply to response actions conducted onsite at a facility.
       ``(iii) Waiver provisions.--

       ``(I) Determination by the president.--The Administrator 
     shall evaluate and determine if it is not appropriate for a 
     remedial action to attain a Federal or State standard, 
     requirement, criterion, or limitation as required by clause 
     (i).
       ``(II) Selection of remedial action that does not comply.--
     The Administrator may select for a facility a remedial action 
     that meets the requirements of subparagraph (B) but does not 
     comply with or attain a Federal or State standard, 
     requirement, criterion, or limitation described in clause (i) 
     if the Administrator makes any of the following findings:

       ``(aa) Improper identification.--The standard, requirement, 
     criterion, or limitation was improperly identified as an 
     applicable requirement under clause (i)(I)(aa) and fails to 
     comply with the rulemaking requirements of clause (i)(I)(bb).
       ``(bb) Part of remedial action.--The selected remedial 
     action is only part of a total remedial action that will 
     comply with or attain the applicable requirements of clause 
     (i) when the total remedial action is completed.
       ``(cc) Greater risk.--Compliance with or attainment of the 
     standard, requirement, criterion, or limitation at the 
     facility will

[[Page S2700]]

     result in greater risk to human health or the environment 
     than alternative options.
       ``(dd) Technically impracticability.--Compliance with or 
     attainment of the standard, requirement, criterion, or 
     limitation is technically infeasible from an engineering 
     perspective or unreasonably costly.
       ``(ee) Equivalent to standard of performance.--The selected 
     remedial action will attain a standard of performance that is 
     equivalent to that required under a standard, requirement, 
     criterion, or limitation described in clause (i) through use 
     of another approach.
       ``(ff) Inconsistent application.--With respect to a State 
     standard, requirement, criterion, limitation, or level, the 
     State has not consistently applied (or demonstrated the 
     intention to apply consistently) the standard, requirement, 
     criterion, or limitation or level in similar circumstances to 
     other remedial actions in the State.
       ``(gg) Balance.--In the case of a remedial action to be 
     undertaken solely under section 104 or 132 using amounts from 
     the Fund, a selection of a remedial action that complies with 
     or attains a standard, requirement, criterion, or limitation 
     described in clause (i) will not provide a balance between 
     the need for protection of public health and welfare and the 
     environment at the facility, and the need to make amounts 
     from the Fund available to respond to other facilities that 
     may present a threat to public health or welfare or the 
     environment, taking into consideration the relative immediacy 
     of the threats presented by the various facilities.

       ``(III) Publication.--The Administrator shall publish any 
     findings made under subclause (II), including an explanation 
     and appropriate documentation.

       ``(D) Remedy selection criteria.--In selecting a remedial 
     action from among alternatives that achieve the goals stated 
     in subparagraph (B), the Administrator shall balance the 
     following factors, ensuring that no single factor 
     predominates over the others:
       ``(i) The effectiveness of the remedy in protecting human 
     health and the environment.
       ``(ii) The reliability of the remedial action in achieving 
     the protectiveness standards over the long term.
       ``(iii) Any short-term risk to the affected community, 
     those engaged in the remedial action effort, and to the 
     environment posed by the implementation of the remedial 
     action.
       ``(iv) The acceptability of the remedial action to the 
     affected community.
       ``(v) The implementability and technical feasibility of the 
     remedial action from an engineering perspective.
       ``(vi) The reasonableness of the cost.
       ``(2) Technical infeasibility and unreasonable cost.--
       ``(A) Minimization of risk.--If the Administrator, after 
     reviewing the remedy selection criteria stated in paragraph 
     (1)(C), finds that achieving the goals stated in paragraph 
     (1)(B), is technically infeasible from an engineering 
     perspective or unreasonably costly, the Administrator shall 
     evaluate remedial measures that mitigate the risks to human 
     health and the environment and select a technically 
     practicable remedial action that will most closely achieve 
     the goals stated in paragraph (1) through cost-effective 
     means.
       ``(B) Basis for finding.--A finding of technical 
     impracticability may be made on the basis of a determination, 
     supported by appropriate documentation, that, at the time at 
     which the finding is made--
       ``(i) there is no known reliable means of achieving at a 
     reasonable cost the goals stated in paragraph (1)(B); and
       ``(ii) it has not been shown that such a means is likely to 
     be developed within a reasonable period of time.
       ``(3) Presumptive remedial actions.--A remedial action that 
     implements a presumptive remedial action issued under section 
     128 shall be considered to achieve the goals stated in 
     paragraph (1)(B) and balance adequately the factors stated in 
     paragraph (1)(C).
       ``(4) Ground water.--
       ``(A) In general.--A remedial action shall protect 
     uncontaminated ground water that is suitable for use as 
     drinking water by humans or livestock in the water's 
     condition at the time of initiation of the facility 
     evaluation.
       ``(B) Considerations.--A decision under subparagraph (A) 
     regarding remedial action for ground water shall take into 
     consideration--
       ``(i) the actual or planned or reasonably anticipated 
     future use of the ground water and the timing of that use;
       ``(ii) any attenuation or biodegradation that would occur 
     if no remedial action were taken; and
       ``(iii) the criteria stated in paragraph (1)(C).
       ``(C) Official classification.--For the purposes of 
     subparagraph (A), there shall be no presumption that because 
     ground water is suitable for use as drinking water by humans 
     or livestock, such use is the actual or planned or reasonably 
     anticipated future use of the ground water.
       ``(D) Uncontaminated ground water.--A remedial action for 
     protecting uncontaminated ground water may be based on 
     natural attenuation or biodegradation so long as the remedial 
     action does not interfere with the actual or planned or 
     reasonably anticipated future use of the ground water.
       ``(E) Contaminated ground water.--A remedial action for 
     contaminated ground water may include point-of-use treatment.
       ``(5) Other considerations applicable to remedial 
     actions.--A remedial action that uses institutional and 
     engineering controls shall be considered to be on an equal 
     basis with all other remedial action alternatives.'';
       (2) by redesignating subsection (c) as subsection (b), and, 
     in the first sentence of that subsection, by striking ``5 
     years'' and inserting ``7 years'';
       (3) by striking subsection (d); and
       (4) by redesignating subsections (e) and (f) as subsections 
     (c) and (d), respectively.

     SEC. 403. REMEDY SELECTION METHODOLOGY.

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

     ``SEC. 127. FACILITY-SPECIFIC RISK EVALUATIONS.

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

     ``SEC. 128. PRESUMPTIVE REMEDIAL ACTIONS.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall issue a 
     final regulation establishing presumptive remedial actions 
     for commonly encountered types of facilities with reasonably 
     well understood contamination problems and exposure 
     potential.
       ``(b) Practicability and Cost-Effectiveness.--Such 
     presumptive remedies must have been demonstrated to be 
     technically practicable and cost-effective methods of 
     achieving the goals of protecting human

[[Page S2701]]

     health and the environment stated in section 121(a)(1)(B).
       ``(c) Variations.--The Administrator may issue various 
     presumptive remedial actions based on various uses of land 
     and water resources, various environmental media, and various 
     types of hazardous substances, pollutants, or contaminants.
       ``(d) Engineering Controls.--Presumptive remedial actions 
     are not limited to treatment remedies, but may be based on, 
     or include, institutional and standard engineering 
     controls.''.

     SEC. 404. REMEDY SELECTION PROCEDURES.

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

     ``SEC. 129. REMEDIAL ACTION PLANNING AND IMPLEMENTATION.

       ``(a) In General.--
       ``(1) Basic rules.--
       ``(A) Procedures.--A remedial action with respect to a 
     facility that is listed or proposed for listing on the 
     National Priorities List shall be developed and selected in 
     accordance with the procedures set forth in this section.
       ``(B) No other procedures or requirements.--The procedures 
     stated in this section are in lieu of any procedures or 
     requirements under any other law to conduct remedial 
     investigations, feasibility studies, record of decisions, 
     remedial designs, or remedial actions.
       ``(C) Limited review.--In a case in which the potentially 
     responsible parties prepare a remedial action plan, only the 
     work plan, facility evaluation, proposed remedial action 
     plan, and final remedial design shall be subject to review, 
     comment, and approval by the Administrator.
       ``(D) Designation of potentially responsible parties to 
     prepare work plan, facility evaluation, proposed remedial 
     action, and remedial design and to implement the remedial 
     action plan.--In the case of a facility for which the 
     Administrator is not required to prepare a work plan, 
     facility evaluation, proposed remedial action, and remedial 
     design and implement the remedial action plan--
       ``(i) if a potentially responsible party or group of 
     potentially responsible parties--

       ``(I) expresses an intention to prepare a work plan, 
     facility evaluation, proposed remedial action plan, and 
     remedial design and to implement the remedial action plan 
     (not including any such expression of intention that the 
     Administrator finds is not made in good faith); and
       ``(II) demonstrates that the potentially responsible party 
     or group of potentially responsible parties has the financial 
     resources and the expertise to perform those functions,

     the Administrator shall designate the potentially responsible 
     party or group of potentially responsible parties to perform 
     those functions; and
       ``(ii) if more than 1 potentially responsible party or 
     group of potentially responsible parties--

       ``(I) expresses an intention to prepare a work plan, 
     facility evaluation, proposed remedial action plan, and 
     remedial design and to implement the remedial action plan 
     (not including any such expression of intention that the 
     Administrator finds is not made in good faith); and
       ``(II) demonstrates that the potentially responsible 
     parties or group of potentially responsible parties has the 
     financial resources and the expertise to perform those 
     functions,

     the Administrator, based on an assessment of the various 
     parties' comparative financial resources, technical 
     expertise, and histories of cooperation with respect to 
     facilities that are listed on the National Priorities List, 
     shall designate 1 potentially responsible party or group of 
     potentially responsible parties to perform those functions.
       ``(E) Approval required at each step of procedure.--No 
     action shall be taken with respect to a facility evaluation, 
     proposed remedial action plan, remedial action plan, or 
     remedial design, respectively, until a work plan, facility 
     evaluation, proposed remedial action plan, and remedial 
     action plan, respectively, have been approved by the 
     Administrator.
       ``(F) National contingency plan.--The Administrator shall 
     conform the National Contingency Plan regulations to reflect 
     the procedures stated in this section.
       ``(2) Use of presumptive remedial actions.--
       ``(A) Proposal to use.--In a case in which a presumptive 
     remedial action applies, the Administrator (if the 
     Administrator is conducting the remedial action) or the 
     preparer of the remedial action plan may, after conducting a 
     facility evaluation, propose a presumptive remedial action 
     for the facility, if the Administrator or preparer shows with 
     appropriate documentation that the facility fits the generic 
     classification for which a presumptive remedial action has 
     been issued and performs an engineering evaluation to 
     demonstrate that the presumptive remedial action can be 
     applied at the facility.
       ``(B) Limitation.--The Administrator may not require a 
     potentially responsible party to implement a presumptive 
     remedial action.
       ``(b) Remedial Action Planning Process.--
       ``(1) In general.--The Administrator or a potentially 
     responsible party shall prepare and implement a remedial 
     action plan for a facility.
       ``(2) Contents.--A remedial action plan shall consist of--
       ``(A) the results of a facility evaluation, including any 
     screening analysis performed at the facility;
       ``(B) a discussion of the potentially viable remedies that 
     are considered to be reasonable under section 121(a) and how 
     they balance the factors stated in section 121(a)(1)(C);
       ``(C) a description of the remedial action to be taken;
       ``(D) a description of the facility-specific risk-based 
     evaluation under section 127 and a demonstration that the 
     selected remedial action will satisfy sections 121(a) and 
     128; and
       ``(E) a realistic schedule for conducting the remedial 
     action, taking into consideration facility-specific factors.
       ``(3) Work plan.--
       ``(A) In general.--Prior to preparation of a remedial 
     action plan, the preparer shall develop a work plan, 
     including a community information and participation plan, 
     which generally describes how the remedial action plan will 
     be developed.
       ``(B) Submission.--A work plan shall be submitted to the 
     Administrator, the State, the community response 
     organization, the local library, and any other public 
     facility designated by the Administrator.
       ``(C) Publication.--The Administrator or other person that 
     prepares a work plan shall publish in a newspaper of general 
     circulation in the area where the facility is located, and 
     post in conspicuous places in the local community, a notice 
     announcing that the work plan is available for review at the 
     local library and that comments concerning the work plan can 
     be submitted to the preparer of the work plan, the 
     Administrator, the State, or the local community response 
     organization.
       ``(D) Forwarding of comments.--If comments are submitted to 
     the Administrator, the State, or the community response 
     organization, the Administrator, State, or community response 
     organization shall forward the comments to the preparer of 
     the work plan.
       ``(E) Notice of disapproval.--If the Administrator does not 
     approve a work plan, the Administrator shall--
       ``(i) identify to the preparer of the work plan, with 
     specificity, any deficiencies in the submission; and
       ``(ii) require that the preparer submit a revised work plan 
     within a reasonable period of time, which shall not exceed 90 
     days except in unusual circumstances, as determined by the 
     Administrator.
       ``(4) Facility evaluation.--
       ``(A) In general.--The Administrator (or the preparer of 
     the facility evaluation) shall conduct a facility evaluation 
     at each facility to characterize the risk posed by the 
     facility by gathering enough information necessary to--
       ``(i) assess potential remedial alternatives, including 
     ascertaining, to the degree appropriate, the volume and 
     nature of the contaminants, their location, potential 
     exposure pathways and receptors;
       ``(ii) discern the actual or planned or reasonably 
     anticipated future use of the land and water resources; and
       ``(iii) screen out any uncontaminated areas, contaminants, 
     and potential pathways from further consideration.
       ``(B) Submission.--A draft facility evaluation shall be 
     submitted to the Administrator for approval.
       ``(C) Publication.--Not later than 30 days after 
     submission, or in a case in which the Administrator is 
     preparing the remedial action plan, after the completion of 
     the draft facility evaluation, the Administrator shall 
     publish in a newspaper of general circulation in the area 
     where the facility is located, and post in conspicuous places 
     in the local community, a notice announcing that the draft 
     facility evaluation is available for review and that comments 
     concerning the evaluation can be submitted to the 
     Administrator, the State, and the community response 
     organization.
       ``(D) Availability of comments.--If comments are submitted 
     to the Administrator, the State, or the community response 
     organization, the Administrator, State, or community response 
     organization shall make the comments available to the 
     preparer of the facility evaluation.
       ``(E) Notice of approval.--If the Administrator approves a 
     facility evaluation, the Administrator shall--
       ``(i) notify the community response organization; and
       ``(ii) publish in a newspaper of general circulation in the 
     area where the facility is located, and post in conspicuous 
     places in the local community, a notice of approval.
       ``(F) Notice of disapproval.--If the Administrator does not 
     approve a facility evaluation, the Administrator shall--
       ``(i) identify to the preparer of the facility evaluation, 
     with specificity, any deficiencies in the submission; and
       ``(ii) require that the preparer submit a revised facility 
     evaluation within a reasonable period of time, which shall 
     not exceed 90 days except in unusual circumstances, as 
     determined by the Administrator.
       ``(5) Proposed remedial action plan.--
       ``(A) Submission.--In a case in which a potentially 
     responsible party prepares a remedial action plan, the 
     preparer shall submit the remedial action plan to the 
     Administrator for approval and provide a copy to the local 
     library.
       ``(B) Publication.--After receipt of the proposed remedial 
     action plan, or in a case in which the Administrator is 
     preparing the remedial action plan, after the completion of

[[Page S2702]]

     the remedial action plan, the Administrator shall cause to be 
     published in a newspaper of general circulation in the area 
     where the facility is located and posted in other conspicuous 
     places in the local community a notice announcing that the 
     proposed remedial action plan is available for review at the 
     local library and that comments concerning the remedial 
     action plan can be submitted to the Administrator, the State, 
     and the community response organization.
       ``(C) Availability of comments.--If comments are submitted 
     to a State or the community response organization, the State 
     or community response organization shall make the comments 
     available to the preparer of the proposed remedial action 
     plan.
       ``(D) Hearing.--The Administrator shall hold a public 
     hearing at which the proposed remedial action plan shall be 
     presented and public comment received.
       ``(E) Approval.--
       ``(i) In general.--The Administrator shall approve a 
     proposed remedial action plan if the plan--

       ``(I) contains the information described in section 127(b); 
     and
       ``(II) satisfies section 121(a).

       ``(ii) Default.--If the Administrator fails to issue a 
     notice of disapproval of a proposed remedial action plan in 
     accordance with subparagraph (G) within 90 days after the 
     proposed plan is submitted, the plan shall be considered to 
     be approved and its implementation fully authorized.
       ``(F) Notice of approval.--If the Administrator approves a 
     proposed remedial action plan, the Administrator shall--
       ``(i) notify the community response organization; and
       ``(ii) publish in a newspaper of general circulation in the 
     area where the facility is located, and post in conspicuous 
     places in the local community, a notice of approval.
       ``(G) Notice of disapproval.--If the Administrator does not 
     approve a proposed remedial action plan, the Administrator 
     shall--
       ``(i) inform the preparer of the proposed remedial action 
     plan, with specificity, of any deficiencies in the 
     submission; and
       ``(ii) request that the preparer submit a revised proposed 
     remedial action plan within a reasonable time, which shall 
     not exceed 90 days except in unusual circumstances, as 
     determined by the Administrator.
       ``(6) Implementation of remedial action plan.--A remedial 
     action plan that has been approved or is considered to be 
     approved under paragraph (5) shall be implemented in 
     accordance with the schedule set forth in the remedial action 
     plan.
       ``(7) Remedial design.--
       ``(A) Submission.--A remedial design shall be submitted to 
     the Administrator, or in a case in which the Administrator is 
     preparing the remedial action plan, shall be completed by the 
     Administrator.
       ``(B) Publication.--After receipt by the Administrator of 
     (or completion by the Administrator of) the remedial design, 
     the Administrator shall--
       ``(i) notify the community response organization; and
       ``(ii) cause a notice of submission or completion of the 
     remedial design to be published in a newspaper of general 
     circulation and posted in conspicuous places in the area 
     where the facility is located.
       ``(C) Comment.--The Administrator shall provide an 
     opportunity to the public to submit written comments on the 
     remedial design.
       ``(D) Approval.--Not later than 90 days after the 
     submission to the Administrator of (or completion by the 
     Administrator of) the remedial design, the Administrator 
     shall approve or disapprove the remedial design.
       ``(E) Notice of approval.--If the Administrator approves a 
     remedial design, the Administrator shall--
       ``(i) notify the community response organization; and
       ``(ii) publish in a newspaper of general circulation in the 
     area where the facility is located, and post in conspicuous 
     places in the local community, a notice of approval.
       ``(F) Notice of disapproval.--If the Administrator 
     disapproves the remedial design, the Administrator shall--
       ``(i) identify with specificity any deficiencies in the 
     submission; and
       ``(ii) allow the preparer submitting a remedial design a 
     reasonable time (which shall not exceed 90 days except in 
     unusual circumstances, as determined by the Administrator) in 
     which to submit a revised remedial design.
       ``(c) Judicial Review.--
       ``(1) Final action.--Notwithstanding any other provision of 
     this Act or any other law, an approval or disapproval of a 
     remedial action plan described in paragraph (2), shall be 
     final action of the Administrator subject to judicial review 
     in United States district court.
       ``(2) Application and subsection.--A remedial action plan 
     is described in this paragraph if--
       ``(A) the plan is approved or disapproved after the date of 
     enactment of this section; and
       ``(B) the capital cost of the remedial action under the 
     plan is projected to cost more than $15,000,000 for any 
     operating unit that is the subject of a separately 
     enforceable remedial action plan or more than $27,000,000 for 
     an entire facility.
       ``(d) Enforcement of Remedial Action Plan.--
       ``(1) Notice of significant deviation.--If the 
     Administrator determines that the implementation of the 
     remedial action plan has deviated significantly from the 
     plan, the Administrator shall provide the implementing party 
     a notice that requires the implementing party, within a 
     reasonable period of time specified by the Administrator, 
     to--
       ``(A) comply with the terms of the remedial action plan; or
       ``(B) submit a notice for modifying the plan.
       ``(2) Failure to comply.--
       ``(A) Class one administrative penalty.--In issuing a 
     notice under paragraph (1), the Administrator may impose a 
     class one administrative penalty consistent with section 
     109(a).
       ``(B) Additional enforcement measures.--If the implementing 
     party fails to either comply with the plan or submit a 
     proposed modification, the Administrator may pursue all 
     additional appropriate enforcement measures pursuant to this 
     Act.
       ``(e) Modifications to Remedial Action.--
       ``(1) Definition.--In this subsection, the term `major 
     modification' means a modification that--
       ``(A) fundamentally alters the interpretation of site 
     conditions at the facility;
       ``(B) fundamentally alters the interpretation of sources of 
     risk at the facility;
       ``(C) fundamentally alters the scope of protection to be 
     achieved by the selected remedial action;
       ``(D) fundamentally alters the performance of the selected 
     remedial action; or
       ``(E) delays the completion of the remedy by more than 180 
     days.
       ``(2) Major modifications.--
       ``(A) In general.--If the Administrator or other 
     implementing party proposes a major modification to the plan, 
     the Administrator or other implementing party shall 
     demonstrate that--
       ``(i) the major modification constitutes the most cost-
     effective remedial alternative that is technologically 
     feasible and is not unreasonably costly; and
       ``(ii) that the revised remedy will continue to satisfy 
     section 121(a).
       ``(B) Notice and comment.--The Administrator shall provide 
     the implementing party, the community response organization, 
     and the local community notice of the proposed major 
     modification and at least 30 days' opportunity to comment on 
     any such proposed modification.
       ``(C) Prompt action.--At the end of the comment period, the 
     Administrator shall promptly approve or disapprove the 
     proposed modification and order implementation of the 
     modification in accordance with any reasonable and relevant 
     requirements that the Administrator may specify.
       ``(3) Minor modifications.--Nothing in this section 
     modifies the discretionary authority of the Administrator to 
     make a minor modification of a record of decision or remedial 
     action plan to conform to the best science and engineering, 
     the requirements of this Act, or changing conditions at a 
     facility.''.

     SEC. 405. COMPLETION OF PHYSICAL CONSTRUCTION AND DELISTING.

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

     ``SEC. 130. COMPLETION OF PHYSICAL CONSTRUCTION AND 
                   DELISTING.

       ``(a) In General.--
       ``(1) Proposed notice of completion and proposed 
     delisting.--Not later than 60 days after the completion by 
     the Administrator of physical construction necessary to 
     implement a response action at a facility, or not later than 
     60 days after receipt of a notice of such completion from the 
     implementing party, the Administrator shall publish a notice 
     of completion and proposed delisting of the facility from the 
     National Priorities List in the Federal Register and in a 
     newspaper of general circulation in the area where the 
     facility is located.
       ``(2) Physical construction.--For the purposes of paragraph 
     (1), physical construction necessary to implement a response 
     action at a facility shall be considered to be complete 
     when--
       ``(A) construction of all systems, structures, devices, and 
     other components necessary to implement a response action for 
     the entire facility has been completed in accordance with the 
     remedial design plan; or
       ``(B) no construction, or no further construction, is 
     expected to be undertaken.
       ``(3) Comments.--The public shall be provided 30 days in 
     which to submit comments on the notice of completion and 
     proposed delisting.
       ``(4) Final notice.--Not later than 60 days after the end 
     of the comment period, the Administrator shall--
       ``(A) issue a final notice of completion and delisting or a 
     notice of withdrawal of the proposed notice until the 
     implementation of the remedial action is determined to be 
     complete; and
       ``(B) publish the notice in the Federal Register and in a 
     newspaper of general circulation in the area where the 
     facility is located.
       ``(5) Failure to act.--If the Administrator fails to 
     publish a notice of withdrawal within the 60-day period 
     described in paragraph (4)--
       ``(A) the remedial action plan shall be deemed to have been 
     completed; and
       ``(B) the facility shall be delisted by operation of law.
       ``(6) Effect of delisting.--The delisting of a facility 
     shall have no effect on--

[[Page S2703]]

       ``(A) liability allocation requirements or cost-recovery 
     provisions otherwise provided in this Act;
       ``(B) any liability of a potentially responsible party or 
     the obligation of any person to provide continued operation 
     and maintenance;
       ``(C) the authority of the Administrator to make 
     expenditures from the Fund relating to the facility; or
       ``(D) the enforceability of any consent order or decree 
     relating to the facility.
       ``(7) Failure to make timely disapproval.--The issuance of 
     a final notice of completion and delisting or of a notice of 
     withdrawal within the time required by subsection (a)(3) 
     constitutes a nondiscretionary duty within the meaning of 
     section 310(a)(2).
       ``(b) Certification.--A final notice of completion and 
     delisting shall include a certification by the Administrator 
     that the facility has met all of the requirements of the 
     remedial action plan (except requirements for continued 
     operation and maintenance).
       ``(c) Future use of a Facility.--
       ``(1) Facility available for unrestricted use.--If, after 
     completion of physical construction, a facility is available 
     for unrestricted use and there is no need for continued 
     operation and maintenance, the potentially responsible 
     parties shall have no further liability under any Federal, 
     State, or local law (including any regulation) for 
     remediation at the facility, unless the Administrator 
     determines, based on new and reliable factual information 
     about the facility, that the facility does not satisfy 
     section 121(a).
       ``(2) Facility not available for any use.--If, after 
     completion of physical construction, a facility is not 
     available for any use or there are continued operation and 
     maintenance requirements that preclude use of the facility, 
     the Administrator shall--
       ``(A) review the status of the facility every 7 years; and
       ``(B) require additional remedial action at the facility if 
     the Administrator determines, after notice and opportunity 
     for hearing, that the facility does not satisfy section 
     121(a).
       ``(3) Facilities available for restricted use.--The 
     Administrator may determine that a facility or portion of a 
     facility is available for restricted use while a response 
     action is under way or after physical construction has been 
     completed. The Administrator shall make a determination that 
     uncontaminated portions of the facility are available for 
     unrestricted use when such use would not interfere with 
     ongoing operations and maintenance activities or endanger 
     human health or the environment.
       ``(d) Operation and Maintenance.--The need to perform 
     continued operation and maintenance at a facility shall not 
     delay delisting of the facility or issuance of the 
     certification if performance of operation and maintenance is 
     subject to a legally enforceable agreement, order, or decree.
       ``(e) Change of Use of Facility.--
       ``(1) Petition.--Any person may petition the Administrator 
     to change the use of a facility described in subsection (c) 
     (2) or (3) from that which was the basis of the remedial 
     action plan.
       ``(2) Grant.--The Administrator may grant a petition under 
     paragraph (1) if the petitioner agrees to implement any 
     additional remedial actions that the Administrator determines 
     are necessary to continue to satisfy section 121(a), 
     considering the different use of the facility.
       ``(3) Responsibility for risk.--When a petition has been 
     granted under paragraph (2), the person requesting the change 
     in use of the facility shall be responsible for all risk 
     associated with altering the facility and all costs of 
     implementing any necessary additional remedial actions.''.

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

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

     ``SEC. 131. TRANSITION RULES FOR FACILITIES INVOLVED IN 
                   REMEDY SELECTION ON DATE OF ENACTMENT.

       ``(a) No Record of Decision.--
       ``(1) Option.--In the case of a facility or operable unit 
     that, as of the date of enactment of this section, is the 
     subject of a remedial investigation and feasibility study 
     (whether completed or incomplete), the potentially 
     responsible parties or the Administrator may elect to follow 
     the remedial action plan process stated in section 129 rather 
     than the remedial investigation and feasibility study and 
     record of decision process under regulations in effect on the 
     date of enactment of this section that would otherwise apply 
     if the requesting party notifies the Administrator and other 
     potentially responsible parties of the election not later 
     than 90 days after the date of enactment of this section.
       ``(2) Submission of facility evaluation.--In a case in 
     which the potentially responsible parties have or the 
     Administrator has made an election under subsection (a), the 
     potentially responsible parties shall submit the proposed 
     facility evaluation within 180 days after the date on which 
     notice of the election is given.
       ``(b) Remedy Review Boards.--
       ``(1) Establishment.--Not later than 60 days after the date 
     of enactment of this section, the Administrator shall 
     establish 1 or more remedy review boards (referred to in this 
     subsection as a `remedy review board'), each consisting of at 
     least 3 independent technical experts, to review petitions 
     under paragraphs (3) and (4).
       ``(2) General procedure.--
       ``(A) Completion of review.--The review of a petition 
     submitted to a remedy review board shall be completed not 
     later than 180 days after the receipt of the petition unless 
     the Administrator, for good cause, grants additional time.
       ``(B) Costs.--All costs of review by a remedy review board 
     shall be borne by the petitioner.
       ``(C) Decisions.--At the completion of the 180-day review 
     period, a remedy review board shall issue a written decision 
     including responses to all comments submitted during the 
     review process with regard to a petition.
       ``(D) Opportunity for comment and meetings.--In reviewing a 
     petition, a remedy review board shall provide an opportunity 
     for all interested parties, including representatives of the 
     State and local community in which the facility is located, 
     to comment on the petition and, if requested, to meet with 
     the remedy review board.
       ``(E) Review by the administrator.--
       ``(i) In general.--The Administrator shall have final 
     review of any decision of a remedy review board.
       ``(ii) Standard of review.--In conducting a review of a 
     decision of a remedy review board, the Administrator shall 
     accord substantial weight to the remedy review board's 
     decision.
       ``(iii) Rejection of decision.--Any determination to reject 
     a remedy review board's decision must be approved by the 
     Administrator or the Assistant Administrator for Solid Waste 
     and Emergency Response.
       ``(F) Decision of the board.--A decision of a remedy review 
     board decision under subparagraph (B) and the Administrator's 
     review of a decision under subparagraph (E) shall be subject 
     to judicial review under section 113(h).
       ``(3) Construction not begun.--
       ``(A) Petition.--In the case of a facility or operable unit 
     with respect to which a record of decision has been signed 
     but construction has not yet begun prior to the date of 
     enactment of this section, the implementor of the record of 
     decision may file a petition with a remedy review board not 
     later than 90 days after the date of enactment of this 
     section to determine whether an alternate remedy under 
     section 127 should apply to the facility or operable unit.
       ``(B) Criteria for approval.--Subject to subparagraph (C), 
     a remedy review board shall approve a petition described in 
     subparagraph (A) if--
       ``(i) the alternative remedial action proposed in the 
     petition satisfies section 121(a);
       ``(ii) the alternative remedial action achieves a cost 
     savings of at least $1,500,000.
       ``(iii) implementation of the alternative remedial action 
     will not result in a substantial delay in the implementation 
     of a remedial action.
       ``(C) Review of comments.--A remedy review board may reject 
     or modify a petition under subparagraph (A), even though the 
     petition meets the criteria stated in subparagraph (B), based 
     on a review of comments submitted by persons other than the 
     petitioner.
       ``(D) Contents of petition.--A petition described in 
     subparagraph (A) shall rely on risk assessment data that were 
     available prior to issuance of the record of decision but 
     shall consider the actual or planned or reasonably 
     anticipated future use of the land and water resources.
       ``(E) Incorrect data.--Notwithstanding subparagraph (B) and 
     (D), a remedy review board may approve a petition if the 
     petitioner demonstrates that technical data generated 
     subsequent to the issuance of the record of decision 
     indicates that the decision was based on faulty or incorrect 
     information.
       ``(4) Additional construction.--
       ``(A) Petition.--In the case of a facility or operable unit 
     with respect to which a record of decision has been signed 
     and construction has begun prior to the date of enactment of 
     this section, but for which additional construction or long-
     term operation and maintenance activities are anticipated, 
     the implementor of the record of decision may file a petition 
     with a remedy review board within 90 days after the date of 
     enactment of this section to determine whether an alternative 
     remedial action should apply to the facility or operable 
     unit.
       ``(B) Criteria for approval.--Subject to subparagraph (C), 
     a remedy review board shall approve a petition described in 
     subparagraph (A) if--
       ``(i) the alternative remedial action proposed in the 
     petition is protective of human health and the environment in 
     accordance with the standards of section 121, as in effect 
     prior to the date of enactment of this section;
       ``(ii) implementation of the alternative remedial action 
     will not result in a substantial delay in the implementation 
     of a remedial action; and
       ``(iii)(I) the petitioner demonstrates that the selected 
     remedial action is inconsistent with the most recent version 
     of any guidance issued by the Administrator prior to the date 
     of enactment of this section concerning the selection or 
     implementation of any remedial action; or
       ``(II) the alternative remedial action employs a phased 
     remedial approach which, if successful would preclude the 
     need for full implementation of the selected remedial action.

[[Page S2704]]

       ``(C) Review of comments.--A remedy review board may reject 
     or modify a petition under subparagraph (A), even though the 
     petition meets the criteria stated in subparagraph (B), based 
     on a review of comments submitted by persons other than the 
     petitioner.
       ``(D) Incorrect data.--Notwithstanding subparagraph (B), a 
     remedy review board may approve a petition if the petitioner 
     demonstrates that technical data generated subsequent to the 
     issuance of the record of decision indicates that the 
     decision was based on faulty or incorrect information.
       ``(5) Delay.--In determining whether an alternative 
     remedial action will substantially delay the implementation 
     of a remedial action of a facility, no consideration shall be 
     given to the time necessary to review a petition under 
     paragraph (3) or (4) by a remedy review board or the 
     Administrator.''.

     SEC. 407. JUDICIAL REVIEW.

       (a) Review of Certain Actions.--Section 113(h) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9613(h)) is amended by 
     adding at the end the following:
       ``(6) An action under section 129(c).''.
       (b) Stay.--Section 113(b) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9613(b)) is amended by adding at the end the 
     following: ``In the case of a challenge under section 
     113(h)(6), the court may stay the implementation or 
     initiation of the challenged actions pending judicial 
     resolution of the matter.''.

     SEC. 408. NATIONAL PRIORITIES LIST.

       (a) Revision of National Contingency Plan.--
       (1) Amendments.--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) 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) shall be construed to limit the Administrator's 
     authority under section 104 to obtain access to and undertake 
     response actions at any parcel of real property to which a 
     released hazardous substance, pollutant, or contaminant has 
     migrated in the ground water.''.
       (2) Revision of national priorities list.--The President 
     shall revise the National Priorities List to conform with the 
     amendment made by paragraph (1) not later that 180 days of 
     the date of enactment of this Act.
                           TITLE V--LIABILITY

     SEC. 501. LIABILITY EXCEPTIONS AND LIMITATIONS.

       (a) In General.--Section 107 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9607), as amended by section 306(b), is 
     amended by adding at the end the following:
       ``(r) 10-Percent Limitation for Municipal Solid Waste and 
     Sewage Sludge.--No person or group of persons (other than the 
     United States or a department, agency, or instrumentality of 
     the United States) shall be liable for more than 10 percent 
     of total response costs at a facility listed on the National 
     Priorities List, in the aggregate, incurred after the date of 
     enactment of this subsection if--
       ``(1) the person is liable solely under subparagraph (C) or 
     (D) of subsection (a)(1); and
       ``(2) the arrangement for disposal, treatment, or transport 
     for disposal or treatment, or the acceptance for transport 
     for disposal or treatment, involved only municipal solid 
     waste or sewage sludge.
       ``(s) De Minimis Contributor Exemption.--In the case of a 
     vessel or facility that is not owned by the United States and 
     is listed on the National Priorities List, no person 
     described in subparagraph (C) or (D) of subsection (a)(1) 
     (other than the United States or any department, agency, or 
     instrumentality of the United States) shall be liable to the 
     United States or to any other person (including liability for 
     contribution) under Federal or State law for any costs under 
     this section incurred after the date of enactment of this 
     subsection, if no activity specifically attributable to the 
     person resulted in--
       ``(1) the disposal or treatment of more than 1 percent of 
     the volume of material containing a hazardous substance at 
     the vessel or facility prior to December 11, 1980; or
       ``(2) the disposal or treatment of not more than 200 pounds 
     or 110 gallons of material containing hazardous substances at 
     the vessel or facility prior to January 1, 1996, or such 
     greater or lesser amount as the Administrator may determine 
     by regulation.
       ``(t) Successor Liability.--The liability of a person that 
     has purchased assets from another person that is otherwise 
     liable under this section shall be determined in accordance 
     with the law of the State in which the vessel or facility is 
     located.''.
       (b) Conforming Amendment.--Section 107(a) is amended by 
     striking ``of this section'' and inserting ``, the limitation 
     stated in subsection (r), and the exemption stated in 
     subsection (s)''.
       (c) Effective Date and Transition Rules.--The amendments 
     made by this section--
       (1) shall take effect with respect to an action under 
     section 106, 107, or 113 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9606, 9607, and 9613) that becomes final on or after the date 
     of enactment of this Act; but
       (2) shall not apply to an action brought by any person 
     under section 107 or 113 of that Act (42 U.S.C. 9607 and 
     9613) for costs or damages incurred by the person before the 
     date of enactment of this Act.

     SEC. 502. CONTRIBUTION FROM THE FUND FOR CERTAIN RETROACTIVE 
                   LIABILITY.

       Section 112 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9612) is 
     amended by adding at the end the following:
       ``(g) Contribution From the Fund for Certain Retroactive 
     Liability.--
       ``(1) Completion of obligations.--A person that is subject 
     to an administrative order issued under section 106 or has 
     entered into a settlement decree with the United States or a 
     State as of the date of enactment of this subsection shall 
     complete the person's obligations under the order or 
     settlement decree.
       ``(2) Contribution.--A person described in paragraph (1) 
     shall receive contribution from the Fund for any portion of 
     the costs incurred for the performance of the response action 
     after the date of enactment of this subsection--
       ``(A) if the person is not liable for such costs by reason 
     of the de minimis contributor exemption under section 107(s); 
     or
       ``(B) if and to the extent the person's allocated share, as 
     determined under section 503, is funded by the orphan share 
     under section 503(l)(2)(B).
       ``(3) Application for contribution.--
       ``(A) In general.--Contribution under this section shall be 
     made upon receipt by the Administrator of an application from 
     the person requesting contribution.
       ``(B) Periodic applications.--Application may be made no 
     more frequently than every 6 months after such payments are 
     made or such costs are incurred, commencing 6 months after 
     the enactment of this subsection.
       ``(4) Regulations.--Contribution shall be made in 
     accordance with such regulations as the Administrator shall 
     issue within 180 days after the date of enactment of this 
     section.
       ``(5) Documentation.--The regulations under paragraph (4) 
     shall, at a minimum, require that an application for 
     contribution contain such documentation of costs and 
     expenditures as the Administrator considers necessary to 
     ensure compliance with this subsection.
       ``(6) Expedition.--The Administrator shall develop and 
     implement such procedures as may be necessary to provide 
     contribution to such persons in an expeditious manner, but in 
     no case shall a contribution be made later than 1 year after 
     submission of an application under this subsection.
       ``(7) Consistency with national contingency plan.--No 
     contribution shall be made under this subsection unless the 
     Administrator determines that such costs are consistent with 
     the National Contingency Plan.''.

     SEC. 503. ALLOCATION OF LIABILITY FOR CERTAIN FACILITIES.

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

     ``SEC. 132. ALLOCATION OF LIABILITY FOR CERTAIN FACILITIES.

       ``(a) Definitions.--In this section:
       ``(1) Allocated share.--The term `allocated share' means 
     the percentage of liability assigned to a potentially 
     responsible party by the allocator in an allocation report 
     under section 132(j)(6).
       ``(2) Allocation party.--The term `allocation party' means 
     a party, named on a list of parties that will be subject to 
     the allocation process under this section, issued by an 
     allocator under subsection (g)(3)(A).
       ``(3) Allocator.--The term `allocator' means an allocator 
     retained to conduct an allocation for a facility under 
     subsection (f)(1).
       ``(4) Mandatory allocation facility.--The term `mandatory 
     allocation facility' means--
       ``(A) a non-federally owned vessel or facility listed on 
     the National Priorities List with respect to which response 
     costs are incurred after the date of enactment of this

[[Page S2705]]

     section, and at which one or more potentially responsible 
     parties are liable or potentially liable for status or 
     conduct after December 11, 1980;
       ``(B) a non-federally owned vessel or facility listed on 
     the National Priorities List with respect to which response 
     costs are incurred after the date of enactment of this 
     section, and with respect to which no person is liable or 
     potentially liable pursuant to section 107(a)(1) (C) or (D) 
     for conduct prior to December 11, 1980;
       ``(C) a federally owned vessel or facility listed on the 
     National Priorities List with respect to which response costs 
     are incurred after the date of enactment of this section, and 
     with respect to which 1 or more potentially responsible 
     parties (other that a department, agency, or instrumentality 
     of the United States) are liable or potentially liable for 
     status or conduct after December 11, 1980; and
       ``(D) a federally owned vessel or facility listed on the 
     National Priorities List with respect to which response costs 
     are incurred after the date of enactment of this section, and 
     with respect to which one or more of the potentially 
     responsible parties is not a department, agency, or 
     instrumentality of the United States and with respect to 
     which no person is liable or potentially liable pursuant to 
     section 107(a)(1) (C) or (D) for conduct prior to December 
     11, 1980.
       ``(5) Orphan share.--The term `orphan share' means the 
     total of the allocated shares determined by the allocator 
     under section 132(l).
       ``(b) Allocations of Liability.--
       ``(1) Mandatory allocations.--For each mandatory allocation 
     facility involving 2 or more potentially responsible parties 
     (including 1 or more potentially responsible parties that are 
     qualified for de minimis contributor exemption under section 
     107(s)), the Administrator shall conduct the allocation 
     process under this section.
       ``(2) Requested allocations.--For a facility (other than a 
     mandatory allocation facility) involving 2 or more 
     potentially responsible parties, the Administrator shall 
     conduct the allocation process under this section if the 
     allocation is requested in writing by a potentially 
     responsible party that has--
       ``(A) incurred response costs with respect to a response 
     action; or
       ``(B) resolved any liability to the United States with 
     respect to a response action in order to assist in allocating 
     shares among potentially responsible parties.
       ``(3) Permissive allocations.--For any facility (other than 
     a mandatory allocation facility or a facility with respect to 
     which a request is made under paragraph (2)) involving 2 or 
     more potentially responsible parties, the Administrator may 
     conduct the allocation process under this section if the 
     Administrator considers it to be appropriate to do so.
       ``(4) Orphan share.--An allocation performed at a vessel or 
     facility identified under subsection (b) (2) or (3) shall not 
     require payment of an orphan share under subsection (l) or 
     reimbursement under subsection (t).
       ``(5) Excluded facilities.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     for purposes of the allocation process only, this section 
     does not apply to a response action at a mandatory allocation 
     facility for which there was in effect as of the date of 
     enactment of this section, a settlement, decree, or order 
     that determines the liability and allocated shares of all 
     potentially responsible parties with respect to the response 
     action.
       ``(B) Availability of orphan share.--For any mandatory 
     allocation facility that is otherwise excluded by 
     subparagraph (A) and for which there was not in effect as of 
     the date of enactment of this section a final judicial order 
     that determined the liability of all parties to the action 
     for response costs incurred after the date of enactment of 
     this section, an allocation shall be conducted for the sole 
     purpose of determining the availability of orphan share 
     funding pursuant to subsection (l)(2) for any response costs 
     incurred after the date of enactment of this section.
       ``(6) Scope of allocations.--An allocation under this 
     section shall apply to--
       ``(A) response costs incurred after the date of enactment 
     of this section, with respect to a mandatory allocation 
     facility described in subsection (a)(3) (A), (B), (C), or 
     (D); and
       ``(B) response costs incurred at a facility that is the 
     subject of a requested or permissive allocation under 
     subsection (b) (2) or (3).
       ``(7) Orphan share facility.--Any non-federally owned 
     vessel or facility that is listed on the National Priorities 
     List at which at least 1 person is liable or potentially 
     liable under section 107(a)(1) (C) or (D) for conduct prior 
     to December 11, 1980, and at which no person is liable or 
     potentially liable for status or conduct after December 11, 
     1980, shall be considered to be an orphan share facility, and 
     all response costs incurred at the vessel or facility after 
     the date of enactment of this section shall be paid by the 
     orphan share.
       ``(8) Other matters.--This section shall not limit or 
     affect--
       ``(A) the obligation of the Administrator to conduct the 
     allocation process for a response action at a facility that 
     has been the subject of a partial or expedited settlement 
     with respect to a response action that is not within the 
     scope of the allocation;
       ``(B) the ability of any person to resolve any liability at 
     a facility to any other person at any time before initiation 
     or completion of the allocation process, subject to 
     subsection (l)(3);
       ``(C) the validity, enforceability, finality, or merits of 
     any judicial or administrative order, judgment, or decree, 
     issued prior to the date of enactment of this section with 
     respect to liability under this Act; or
       ``(D) the validity, enforceability, finality, or merits of 
     any preexisting contract or agreement relating to any 
     allocation of responsibility or any indemnity for, or sharing 
     of, any response costs under this Act.
       ``(c) Moratorium on Litigation and Enforcement.--
       ``(1) In general.--No person may assert a claim for 
     recovery of a response cost or contribution toward a response 
     cost (including a claim for insurance proceeds) under this 
     Act or any other Federal or State law in connection with a 
     response action--
       ``(A) for which an allocation is required to be performed 
     under subsection (b)(1); or
       ``(B) for which the Administrator has initiated the 
     allocation process under this section,
     until the date that is 120 days after the date of issuance of 
     a report by the allocator under subsection (j)(6) or, if a 
     second or subsequent report is issued under subsection (q), 
     the date of issuance of the second or subsequent report.
       ``(2) Pending actions or claims.--If a claim described in 
     paragraph (1) is pending on the date of enactment of this 
     section or on initiation of an allocation under this section, 
     the portion of the claim pertaining to response costs that 
     are the subject of the allocation shall be stayed until the 
     date that is 120 days after the date of issuance of a report 
     by the allocator under subsection (j)(6) or, if a second or 
     subsequent report is issued under subsection (q), the date of 
     issuance of the second or subsequent report, unless the court 
     determines that a stay would result in manifest injustice.
       ``(3) Tolling of period of limitation.--
       ``(A) Beginning of tolling.--Any applicable period of 
     limitation with respect to a claim subject to paragraph (1) 
     shall be tolled beginning on the earlier of--
       ``(i) the date of listing of the facility on the National 
     Priorities List if the listing occurs after the date of 
     enactment of this section; or
       ``(ii) the date of initiation of the allocation process 
     under this section.
       ``(B) End of tolling.--A period of limitation shall be 
     tolled under subparagraph (A) until the date that is 180 days 
     after the date of issuance of a report by the allocator under 
     subsection (j)(6), or of a second or subsequent report under 
     subsection (q).
       ``(4) Later actions.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     until the date that is 180 days after the date of issuance of 
     a report by the allocator under subsection (j)(6) or of a 
     second or subsequent report under subsection (q), the 
     Administrator shall not issue an order under section 106 
     after the date of enactment of this section in connection 
     with a response action for which an allocation is required to 
     be performed under subsection (b)(1) to any party that, based 
     on the initial list of parties compiled pursuant to 
     subsection (d)(5) appears to be entitled to full orphan share 
     funding under section (l)(2)(B).
       ``(B) Emergencies.--Subparagraph (A) does not preclude an 
     order requiring the performance of a removal action that is 
     necessary to address an emergency at a facility.
       ``(C) Subsequent allocation report.--If, after the date of 
     enactment of this section, the Administrator issues an order 
     under section 106 to a party that the allocator subsequently 
     determines is entitled to full funding for the party's 
     allocated share pursuant to section (l)(2)(B)--
       ``(i) all response costs incurred by the party after the 
     date of enactment of this section shall be reimbursed; and
       ``(ii) the party's obligations under the order shall cease 
     90 days after the issuance of the allocator's report under 
     subsection (j)(6) or a second report under subsection (q).
       ``(5) Retained authority.--Except as specifically provided 
     in this section, this section does not affect the authority 
     of the Administrator to--
       ``(A) exercise the powers conferred by section 103, 104, 
     105, 106, or 122;
       ``(B) commence an action against a party if there is a 
     contemporaneous filing of a judicial consent decree resolving 
     the liability of the party;
       ``(C) file a proof of claim or take other action in a 
     proceeding under title 11, United States Code; or
       ``(D) require implementation of a response action at an 
     allocation facility during the conduct of the allocation 
     process.
       ``(d) Initiation of Allocation Process.--
       ``(1) Responsible party search.--For each facility 
     described in paragraph (2), the Administrator shall initiate 
     the allocation process as soon as practicable by commencing a 
     comprehensive search for all potentially responsible parties 
     with respect to the facility under authority of section 104.
       ``(2) Facilities.--The Administrator shall initiate the 
     allocation process for each--
       ``(A) mandatory allocation facility;
       ``(B) facility for which a request for allocation is made 
     under subsection (b)(2); and
       ``(C) facility that the Administrator considers to be 
     appropriate for allocation under subsection (b)(3).
       ``(3) Time limit.--The Administrator shall initiate the 
     allocation process for a facility not later than the earlier 
     of--
       ``(A) the date of completion of the facility evaluation or 
     remedial investigation for the facility; or

[[Page S2706]]

       ``(B) the date that is 60 days after the date of selection 
     of a removal action.
       ``(4) Submission of information at allocation facilities.--
     Any person may submit information to the Administrator 
     concerning a potentially responsible party for a facility 
     that is subject to a search, and the Administrator shall 
     consider the information in carrying out the search.
       ``(5) Initial list of parties.--
       ``(A) In general.--As soon as practicable after initiation 
     of an allocation process for a facility, the Administrator 
     shall publish, in accordance with section 117(d), a list of 
     all potentially responsible parties identified for a 
     facility.
       ``(B) Time limit.--The Administrator shall publish a list 
     under paragraph (1) not later than 120 days after the 
     commencement of a comprehensive search.
       ``(C) Copy of list.--The Administrator shall provide each 
     person named on a list of potentially responsible parties 
     with--
       ``(i) a copy of the list; and
       ``(ii) the names of not less than 25 neutral parties--

       ``(I) who are not employees of the United States;
       ``(II) who are qualified to perform an allocation at the 
     facility, as determined by the Administrator; and
       ``(III) at least some of whom maintain an office in the 
     vicinity of the facility.

       ``(D) Proposed allocator.--A person identified by the 
     Administrator as a potentially responsible party may propose 
     an allocator not on the list of neutral parties.
       ``(e) Selection of Allocator.--
       ``(1) In general.--As soon as practicable after the receipt 
     of a list under subsection (d)(5)(C), the potentially 
     responsible parties named on the list shall--
       ``(A) select an individual to serve as allocator by 
     plurality vote on a per capita basis; and
       ``(B) promptly notify the Administrator of the selection.
       ``(2) Vote by representative.--The representative of the 
     Fund shall be entitled to cast 1 vote in an election under 
     paragraph (1).
       ``(3) Eligible allocators.--The potentially responsible 
     parties shall select an allocator under paragraph (1) from 
     among individuals--
       ``(A) named on the list of neutral parties provided by the 
     Administrator;
       ``(B) named on a list that is current on the date of 
     selection of neutrals maintained by the American Arbitration 
     Association, the Center for Public Resources, or another 
     nonprofit or governmental organization of comparable 
     standing; or
       ``(C) proposed by a party under subsection (d)(5)(D).
       ``(4) Unqualified allocator.--
       ``(A) In general.--If the Administrator determines that a 
     person selected under paragraph (1) is unqualified to serve, 
     the Administrator shall promptly notify all potentially 
     responsible parties for the facility, and the potentially 
     responsible parties shall make an alternative selection under 
     paragraph (1).
       ``(B) Limit on determinations.--The Administrator may not 
     make more than 2 determinations that an allocator is 
     unqualified under this paragraph with respect to any 
     facility.
       ``(5) Determination by administrator.--If the Administrator 
     does not receive notice of selection of an allocator within 
     60 days after a copy of a list is provided under subsection 
     (d)(5)(C), or if the Administrator, having given a 
     notification under paragraph (4), does not receive notice of 
     an alternative selection of an allocator under that paragraph 
     within 60 days after the date of the notification, the 
     Administrator shall promptly select and designate a person to 
     serve as allocator.
       ``(6) Judicial review.--No action under this subsection 
     shall be subject to judicial review.
       ``(f) Retention of Allocator.--
       ``(1) In general.--On selection of an allocator, the 
     Administrator shall promptly--
       ``(A) using the procurement procedures authorized by 
     section 109(e), contract with the allocator for the provision 
     of allocation services in accordance with this section; and
       ``(B) notify each person named as a potentially responsible 
     party at the facility that the allocator has been retained.
       ``(2) Discretion of allocator.--A contract with an 
     allocator under paragraph (1) shall give the allocator broad 
     discretion to conduct the allocation process in a fair, 
     efficient, and impartial manner.
       ``(3) Provision of information.--
       ``(A) In general.--Not later than 30 days after the 
     selection of an allocator, the Administrator shall make 
     available to the allocator and to each person named as a 
     potentially responsible party for the facility--
       ``(i) any information or documents furnished under section 
     104(e)(2); and
       ``(ii) any other potentially relevant information 
     concerning the facility and the potentially responsible 
     parties at the facility.
       ``(B) Privileged information.--The Administrator shall not 
     make available any privileged information, except as 
     otherwise authorized by law.
       ``(4) Recovery of contract costs.--The costs of the 
     Administrator in retaining an allocator under paragraph (1) 
     shall be considered to be a response cost for all purposes of 
     this Act.
       ``(g) Additional Parties.--
       ``(1) In general.--Any person may propose to the allocator 
     the name of an additional potentially responsible party at a 
     facility, or otherwise provide the allocator with information 
     pertaining to a facility or to an allocation, until the date 
     that is 60 days after the later of--
       ``(A) the date of issuance of the initial list described in 
     subsection (d)(5)(A); or
       ``(B) the date of retention of the allocator under 
     subsection (f)(1)(A).
       ``(2) Nexus.--Any proposal under paragraph (1) to add a 
     potentially responsible party shall include all information 
     reasonably available to the person making the proposal 
     regarding the nexus between the additional potentially 
     responsible party and the facility.
       ``(3) Final list.--
       ``(A) In general.--The allocator shall issue a final list 
     of all parties that will be subject to the allocation process 
     (referred to in this section as the `allocation parties') not 
     later than 120 days after publication of the initial list 
     under subsection (d)(5)(A).
       ``(B) Standard.--The allocator shall include each party 
     proposed under paragraph (1) in the final list of allocation 
     parties unless the allocator determines that the party is not 
     liable under section 107.
       ``(C) Identification of de minimis contributors.--
       ``(i) In general.--In compiling the final list of 
     allocation parties, the allocator shall identify, to the 
     extent possible, all parties entitled to the de minimis 
     contributor exemption under section 107(s) and provide a list 
     of the parties identified to the Administrator.
       ``(ii) Notification of exemption.--Not later than 60 days 
     after receipt of the list, the Administrator shall provide to 
     each party identified on the list a written notification of 
     the party's entitlement to the de minimis contributor 
     exemption unless the Administrator publishes a written 
     determination that--

       ``(I) no rational interpretation of the facts before the 
     allocator supports the allocator's decision; or
       ``(II) the allocator's decision was directly and 
     substantially affected by bias, procedural error, fraud, or 
     unlawful conduct.

       ``(iii) No judicial review.--Any determination by the 
     Administrator under this subparagraph shall not be subject to 
     judicial review.
       ``(D) Effect.--If the allocator determines that there is an 
     inadequate basis in law or fact to conclude that a party is 
     liable based on the information presented by the nominating 
     party or otherwise available to the allocator, the nominated 
     party's costs (including reasonable attorney's fees) shall be 
     borne by the party that proposed the addition of the party to 
     the allocation.
       ``(h) Federal, State, and Local Agencies.--
       ``(1) In general.--Other than as set forth in this Act, any 
     Federal, State, or local governmental department, agency, or 
     instrumentality that is named as a potentially responsible 
     party or an allocation party shall be subject to, and be 
     entitled to the benefits of, the allocation process and 
     allocation determination under this section to the same 
     extent as any other party.
       ``(2) Orphan share.--The Administrator or the Attorney 
     General shall participate in the allocation proceeding as the 
     representative of the Fund from which any orphan share shall 
     be paid.
       ``(i) Potentially Responsible Party Settlement.--
       ``(1) Submission.--At any time prior to the date of 
     issuance of an allocation report under subsection (j)(6) or 
     of a second or subsequent report under subsection (q), any 
     group of potentially responsible parties for a facility may 
     submit to the allocator a private allocation for any response 
     action that is within the scope of the allocation under 
     subsection (b)(6).
       ``(2) Adoption.--The allocator shall promptly adopt a 
     private allocation under paragraph (1) as the allocation 
     report if the private allocation--
       ``(A) is a binding allocation of 100 percent of the 
     recoverable costs of the response action that is the subject 
     of the allocation; and
       ``(B) does not allocate a share to--
       ``(i) any person who is not a signatory to the private 
     allocation; or
       ``(ii) any person whose share would be part of the orphan 
     share under subsection (l), unless the representative of the 
     Fund is a signatory to the private allocation.
       ``(3) Waiver of rights.--Any signatory to a private 
     allocation waives the right to seek from any other party for 
     a facility--
       ``(A) recovery of any response cost that is the subject of 
     the allocation; and
       ``(B) contribution under this Act with respect to any 
     response action that is within the scope of the allocation.
       ``(j) Allocation Determination.--
       ``(1) Allocation process.--An allocator retained under 
     subsection (f)(1) shall conduct an allocation process 
     culminating in the issuance of a written report with a 
     nonbinding equitable allocation of percentage shares of 
     responsibility for any response action that is within the 
     scope of the allocation under subsection (b)(6).
       ``(2) Identification of de minimis contributors.--
       ``(A) In general.--If all parties entitled to the de 
     minimis contributor exemption were not previously identified 
     under subsection (g)(3)(C), the allocator's report under 
     paragraph (1) shall identify all parties entitled to the de 
     minimis contributor exemption under section 107(s).
       ``(B) Procedure.--If a party is identified under 
     subparagraph (A), the Administrator

[[Page S2707]]

     shall follow the procedural requirements of subsection 
     (g)(3)(C)(ii).
       ``(2) Copies of report.--An allocator shall provide the 
     report issued under paragraph (1) to the Administrator and to 
     the allocation parties.
       ``(3) Information-gathering authorities.--
       ``(A) In general.--An allocator may request information 
     from any person in order to assist in the efficient 
     completion of the allocation process.
       ``(B) Requests.--Any person may request that an allocator 
     request information under this paragraph.
       ``(C) Authority.--An allocator may exercise the 
     information-gathering authority of the Administrator under 
     section 104(e), including issuing an administrative subpoena 
     to compel the production of a document or the appearance of a 
     witness.
       ``(D) Disclosure.--Notwithstanding any other law, any 
     information submitted to the allocator in response to a 
     subpoena issued under paragraph (4) shall be exempt from 
     disclosure to any person under section 552 of title 5, United 
     States Code.
       ``(E) Orders.--In the event of contumacy or a failure of a 
     person to obey a subpoena issued under paragraph (4), an 
     allocator may request the Attorney General to--
       ``(i) bring a civil action to enforce the subpoena; or
       ``(ii) if the person moves to quash the subpoena, to defend 
     the motion.
       ``(F) Failure of attorney general to respond.--If the 
     Attorney General fails to provide any response to the 
     allocator within 30 days of a request for enforcement of a 
     subpoena or information request, the allocator may retain 
     counsel to commence a civil action to enforce the subpoena or 
     information request.
       ``(4) Additional authority.--An allocator may--
       ``(A) schedule a meeting or hearing and require the 
     attendance of allocation parties at the meeting or hearing;
       ``(B) sanction an allocation party for failing to cooperate 
     with the orderly conduct of the allocation process;
       ``(C) require that allocation parties wishing to present 
     similar legal or factual positions consolidate the 
     presentation of the positions;
       ``(D) obtain or employ support services, including 
     secretarial, clerical, computer support, legal, and 
     investigative services; and
       ``(E) take any other action necessary to conduct a fair, 
     efficient, and impartial allocation process.
       ``(5) Conduct of allocation process.--
       ``(A) In general.--The allocator shall conduct the 
     allocation process and render a decision based solely on the 
     provisions of this section, including the allocation factors 
     described in subsection (k).
       ``(B) Opportunity to be heard.--Each allocation party shall 
     be afforded an opportunity to be heard (orally or in writing, 
     at the option of an allocation party) and an opportunity to 
     comment on a draft allocation report.
       ``(C) Responses.--The allocator shall not be required to 
     respond to comments.
       ``(D) Streamlining.--The allocator shall make every effort 
     to streamline the allocation process and minimize the cost of 
     conducting the allocation.
       ``(6) Allocation report.--
       ``(A) Deadline.--
       ``(i) In general.--The allocator shall provide a written 
     allocation report to the Administrator and the allocation 
     parties not later than 180 days after the date of issuance of 
     the final list of allocation parties under subsection 
     (g)(3)(A) that specifies the allocation share of each 
     potentially responsible party and any orphan shares, as 
     determined by the allocator.
       ``(ii) Extension.--On request by the allocator and for good 
     cause shown, the Administrator may extend the time to 
     complete the report by not more than 90 days.
       ``(B) Breakdown of allocation shares into time periods.--
     The allocation share for each potentially responsible party 
     with respect to a mandatory allocation facility at which 1 or 
     more persons are liable or potentially liable pursuant to 
     section 107(a)(1) (C) or (D) for conduct prior to December 
     11, 1980, shall be comprised of percentage shares of 
     responsibility stated separately for status or conduct prior 
     to December 11, 1980, and status or conduct on or after 
     December 11, 1980.
       ``(k) Equitable Factors for Allocation.--The allocator 
     shall prepare a nonbinding allocation of percentage shares of 
     responsibility to each allocation party and to the orphan 
     share, in accordance with this section and without regard to 
     any theory of joint and several liability, based on--
       ``(1) the amount of hazardous substances contributed by 
     each allocation party;
       ``(2) the degree of toxicity of hazardous substances 
     contributed by each allocation party;
       ``(3) the mobility of hazardous substances contributed by 
     each allocation party;
       ``(4) the degree of involvement of each allocation party in 
     the generation, transportation, treatment, storage, or 
     disposal of hazardous substances;
       ``(5) the degree of care exercised by each allocation party 
     with respect to hazardous substances, taking into account the 
     characteristics of the hazardous substances;
       ``(6) the cooperation of each allocation party in 
     contributing to any response action and in providing complete 
     and timely information to the allocator; and
       ``(7) such other equitable factors as the allocator 
     determines are appropriate.
       ``(l) Orphan Shares.--
       ``(1) In general.--The allocator shall determine whether 
     any percentage of responsibility for the response action 
     shall be allocable to the orphan share.
       ``(2) Makeup of orphan share.--The orphan share shall 
     consist of--
       ``(A) any share that the allocator determines is 
     attributable to an allocation party that is insolvent or 
     defunct and that is not affiliated with any financially 
     viable allocation party;
       ``(B) any share that the allocator determines is 
     attributable to an allocation party (other than a department, 
     agency, or instrumentality of the United States) at a vessel 
     or facility at which one or more persons is liable or 
     potentially liable pursuant to section 107(a)(1) (C) or (D) 
     for status or conduct prior to December 11, 1980, to the 
     extent such allocation party's share is based on status or 
     conduct prior to December 11, 1980; and
       ``(C) the difference between the aggregate share that the 
     allocator determines is attributable to a person and the 
     aggregate share actually assumed by the person in a 
     settlement with the United States if--
       ``(i) the person is eligible for an expedited settlement 
     with the United States under section 122 based on limited 
     ability to pay response costs;
       ``(ii) the liability of the person is eliminated, limited, 
     or reduced by any provision of this Act; or
       ``(iii) the person settled with the United States before 
     the completion of the allocation.
       ``(3) Unattributable shares.--A share attributable to a 
     hazardous substance that the allocator specifically 
     determines was disposed at the site prior to December 11, 
     1980, but which cannot be attributed to any identified and 
     viable party shall be considered an orphan share. All other 
     unattributable shares shall be distributed among the 
     allocation parties and the orphan share in accordance with 
     the allocated share assigned to each.
       ``(m) Information Requests.--
       ``(1) Duty to answer.--Each person that receives an 
     information request or subpoena from the allocator shall 
     provide a full and timely response to the request.
       ``(2) Certification.--An answer to an information request 
     by an allocator shall include a certification by a 
     representative that meets the criteria established in section 
     270.11(a) of title 40, Code of Federal Regulations (or any 
     successor regulation), that--
       ``(A) the answer is correct to the best of the 
     representative's knowledge;
       ``(B) the answer is based on a diligent good faith search 
     of records in the possession or control of the person to whom 
     the request was directed;
       ``(C) the answer is based on a reasonable inquiry of the 
     current (as of the date of the answer) officers, directors, 
     employees, and agents of the person to whom the request was 
     directed;
       ``(D) the answer accurately reflects information obtained 
     in the course of conducting the search and the inquiry;
       ``(E) the person executing the certification understands 
     that there is a duty to supplement any answer if, during the 
     allocation process, any significant additional, new, or 
     different information becomes known or available to the 
     person; and
       ``(F) the person executing the certification understands 
     that there are significant penalties for submitting false 
     information, including the possibility of a fine or 
     imprisonment for a knowing violation.
       ``(n) Penalties.--
       ``(1) Civil.--
       ``(A) In general.--A person that fails to submit a complete 
     and timely answer to an information request, a request for 
     the production of a document, or a summons from an allocator, 
     submits a response that lacks the certification required 
     under subsection (m)(2), or knowingly makes a false or 
     misleading material statement or representation in any 
     statement, submission, or testimony during the allocation 
     process (including a statement or representation in 
     connection with the nomination of another potentially 
     responsible party) shall be subject to a civil penalty of not 
     more than $10,000 per day of violation.
       ``(B) Assessment of penalty.--A penalty may be assessed by 
     the Administrator in accordance with section 109 or by any 
     allocation party in a citizen suit brought under section 310.
       ``(2) Criminal.--A person that knowingly and willfully 
     makes a false material statement or representation in the 
     response to an information request or subpoena issued by the 
     allocator under subsection (m) shall be considered to have 
     made a false statement on a matter within the jurisdiction of 
     the United States within the meaning of section 1001 of title 
     18, United States Code.
       ``(o) Document Repository; Confidentiality.--
       ``(1) Document repository.--
       ``(A) In general.--The allocator shall establish and 
     maintain a document repository containing copies of all 
     documents and information provided by the Administrator or 
     any allocation party under this section or generated by the 
     allocator during the allocation process.
       ``(B) Availability.--Subject to paragraph (2), the 
     documents and information in the document repository shall be 
     available only to an allocation party for review and copying 
     at the expense of the allocation party.
       ``(2) Confidentiality.--

[[Page S2708]]

       ``(A) In general.--Each document or material submitted to 
     the allocator or placed in the document repository and the 
     record of any information generated or obtained during the 
     allocation process shall be confidential.
       ``(B) Maintenance.--The allocator, each allocation party, 
     the Administrator, and the Attorney General--
       ``(i) shall maintain the documents, materials, and records 
     of any depositions or testimony adduced during the allocation 
     as confidential; and
       ``(ii) shall not use any such document or material or the 
     record in any other matter or proceeding or for any purpose 
     other than the allocation process.
       ``(C) Disclosure.--Notwithstanding any other law, the 
     documents and materials and the record shall not be subject 
     to disclosure to any person under section 552 of title 5, 
     United States Code.
       ``(D) Discovery and admissibility.--
       ``(i) In general.--Subject to clause (ii), the documents 
     and materials and the record shall not be subject to 
     discovery or admissible in any other Federal, State, or local 
     judicial or administrative proceeding, except--

       ``(I) a new allocation under subsection (q) or (v) for the 
     same response action; or
       ``(II) an initial allocation under this section for a 
     different response action at the same facility.

       ``(ii) Otherwise discoverable or admissible.--

       ``(I) Document or material.--If the original of any 
     document or material submitted to the allocator or placed in 
     the document repository was otherwise discoverable or 
     admissible from a party, the original document, if 
     subsequently sought from the party, shall remain discoverable 
     or admissible.
       ``(II) Facts.--If a fact generated or obtained during the 
     allocation was otherwise discoverable or admissible from a 
     witness, testimony concerning the fact, if subsequently 
     sought from the witness, shall remain discoverable or 
     admissible.

       ``(3) No waiver of privilege.--The submission of testimony, 
     a document, or information under the allocation process shall 
     not constitute a waiver of any privilege applicable to the 
     testimony, document, or information under any Federal or 
     State law or rule of discovery or evidence.
       ``(4) Procedure if disclosure sought.--
       ``(A) Notice.--A person that receives a request for a 
     statement, document, or material submitted for the record of 
     an allocation proceeding, shall--
       ``(i) promptly notify the person that originally submitted 
     the item or testified in the allocation proceeding; and
       ``(ii) provide the person that originally submitted the 
     item or testified in the allocation proceeding an opportunity 
     to assert and defend the confidentiality of the item or 
     testimony.
       ``(B) Release.--No person may release or provide a copy of 
     a statement, document, or material submitted, or the record 
     of an allocation proceeding, to any person not a party to the 
     allocation except--
       ``(i) with the written consent of the person that 
     originally submitted the item or testified in the allocation 
     proceeding; or
       ``(ii) as may be required by court order.
       ``(5) Civil penalty.--
       ``(A) In general.--A person that fails to maintain the 
     confidentiality of any statement, document, or material or 
     the record generated or obtained during an allocation 
     proceeding, or that releases any information in violation of 
     this section, shall be subject to a civil penalty of not more 
     than $25,000 per violation.
       ``(B) Assessment of penalty.--A penalty may be assessed by 
     the Administrator in accordance with section 109 or by any 
     allocation party in a citizen suit brought under section 310.
       ``(C) Defenses.--In any administrative or judicial 
     proceeding, it shall be a complete defense that any 
     statement, document, or material or the record at issue under 
     subparagraph (A)--
       ``(i) was in, or subsequently became part of, the public 
     domain, and did not become part of the public domain as a 
     result of a violation of this subsection by the person 
     charged with the violation;
       ``(ii) was already known by lawful means to the person 
     receiving the information in connection with the allocation 
     process; or
       ``(iii) became known to the person receiving the 
     information after disclosure in connection with the 
     allocation process and did not become known as a result of 
     any violation of this subsection by the person charged with 
     the violation.
       ``(p) Rejection of Allocation Report.--
       ``(1) Rejection.--The Administrator and the Attorney 
     General may jointly reject a report issued by an allocator 
     only if the Administrator and the Attorney General jointly 
     publish, not later than 180 days after the Administrator 
     receives the report, a written determination that--
       ``(A) no rational interpretation of the facts before the 
     allocator, in light of the factors required to be considered, 
     would form a reasonable basis for the shares assigned to the 
     parties; or
       ``(B) the allocation process was directly and substantially 
     affected by bias, procedural error, fraud, or unlawful 
     conduct.
       ``(2) Finality.--A report issued by an allocator may not be 
     rejected after the date that is 180 days after the date on 
     which the United States accepts a settlement offer (excluding 
     an expedited settlement under section 122) based on the 
     allocation.
       ``(3) Judicial review.--Any determination by the 
     Administrator or the Attorney General under this subsection 
     shall not be subject to judicial review unless 2 successive 
     allocation reports relating to the same response action are 
     rejected, in which case any allocation party may obtain 
     judicial review of the second rejection in a United States 
     district court under subchapter II of chapter 5 of part I of 
     title 5, United States Code.
       ``(4) Delegation.--The authority to make a determination 
     under this subsection may not be delegated to any officer or 
     employee below the level of an Assistant Administrator or 
     Acting Assistant Administrator or an Assistant Attorney 
     General or Acting Assistant Attorney General with authority 
     for implementing this Act.
       ``(q) Second and Subsequent Allocations.--
       ``(1) In general.--If a report is rejected under subsection 
     (p), the allocation parties shall select an allocator under 
     subsection (e) to perform, on an expedited basis, a new 
     allocation based on the same record available to the previous 
     allocator.
       ``(2) Moratorium and tolling.--The moratorium and tolling 
     provisions of subsection (c) shall be extended until the date 
     that is 180 days after the date of the issuance of any second 
     or subsequent allocation report under paragraph (1).
       ``(3) Same allocator.--The allocation parties may select 
     the same allocator who performed 1 or more previous 
     allocations at the facility, except that the Administrator 
     may determine under subsection (e) that an allocator whose 
     previous report at the same facility has been rejected under 
     subsection (p) is unqualified to serve.
       ``(r) Settlements Based on Allocations.--
       ``(1) Definition.--In this subsection, the term `all 
     settlements' includes any orphan share allocated under 
     subsection (l).
       ``(2) In general.--Unless an allocation report is rejected 
     under subsection (p), any allocation party at a mandatory 
     allocation facility (including an allocation party whose 
     allocated share is funded partially or fully by orphan share 
     funding under subsection (l)) shall be entitled to resolve 
     the liability of the party to the United States for response 
     actions subject to allocation if, not later than 90 days 
     after the date of issuance of a report by the allocator, the 
     party--
       ``(A) offers to settle with the United States based on the 
     percentage share specified by the allocator; and
       ``(B) agrees to the other terms and conditions stated in 
     this subsection.
       ``(3) Provisions of settlements.--
       ``(A) In general.--A settlement based on an allocation 
     under this section--
       ``(i) may consist of a cash-out settlement or an agreement 
     for the performance of a response action; and
       ``(ii) shall include--

       ``(I) a waiver of contribution rights against all persons 
     that are potentially responsible parties for any response 
     action addressed in the settlement;
       ``(II) a covenant not to sue that is consistent with 
     section 122(f) and, except in the case of a cash-out 
     settlement, provisions regarding performance or adequate 
     assurance of performance of the response action;
       ``(III) a premium, calculated on a facility-specific basis 
     and subject to the limitations on premiums stated in 
     paragraph (5), that reflects the actual risk to the United 
     States of not collecting unrecovered response costs for the 
     response action, despite the diligent prosecution of 
     litigation against any viable allocation party that has not 
     resolved the liability of the party to the United States, 
     except that no premium shall apply if all allocation parties 
     participate in the settlement or if the settlement covers 100 
     percent of the response costs subject to the allocation;
       ``(IV) complete protection from all claims for contribution 
     regarding the response action addressed in the settlement; 
     and
       ``(V) provisions through which a settling party shall 
     receive prompt reimbursement from the Fund under subsection 
     (s) of any response costs incurred by the party for any 
     response action that is the subject of the allocation in 
     excess of the allocated share of the party, including the 
     allocated portion of any orphan share.

       ``(B) Right to reimbursement.--A right to reimbursement 
     under subparagraph (A)(ii)(V) shall not be contingent on 
     recovery by the United States of any response costs from any 
     person other than the settling party.
       ``(4) Report.--The Administrator shall report annually to 
     Congress on the administration of the allocation process 
     under this section, providing in the report--
       ``(A) information comparing allocation results with actual 
     settlements at multiparty facilities;
       ``(B) a cumulative analysis of response action costs 
     recovered through post-allocation litigation or settlements 
     of post-allocation litigation;
       ``(C) a description of any impediments to achieving 
     complete recovery; and
       ``(D) a complete accounting of the costs incurred in 
     administering and participating in the allocation process.
       ``(5) Premium.--In each settlement under this subsection, 
     the premium authorized--
       ``(A) shall be determined on a case-by-case basis to 
     reflect the actual litigation risk faced by the United States 
     with respect to any response action addressed in the 
     settlement; but

[[Page S2709]]

       ``(B) shall not exceed--
       ``(i) 5 percent of the total costs assumed by a settling 
     party if all settlements (including any orphan share) account 
     for more than 80 percent and less than 100 percent of 
     responsibility for the response action;
       ``(ii) 10 percent of the total costs assumed by a settling 
     party if all settlements (including any orphan share) account 
     for more than 60 percent and not more than 80 percent of 
     responsibility for the response action;
       ``(iii) 15 percent of the total costs assumed by a settling 
     party if all settlements (including any orphan share) account 
     for more than 40 percent and not more than 60 percent of 
     responsibility for the response action; or
       ``(iv) 20 percent of the total costs assumed by a settling 
     party if all settlements (including any orphan share) account 
     for 40 percent or less of responsibility for the response; 
     and
       ``(C) shall be reduced proportionally by the percentage of 
     the alllocated share for that party paid through orphan 
     funding under subsection (l).
       ``(s) Funding of Orphan Shares.--
       ``(1) Reimbursement.--For each settlement agreement entered 
     into under subsection (r), the Administrator shall promptly 
     reimburse the allocation parties for any costs incurred that 
     are attributable to the orphan share, as determined by the 
     allocator.
       ``(2) Entitlement.--Paragraph (1) constitutes an 
     entitlement to any allocation party eligible to receive a 
     reimbursement.
       ``(3) Amounts owed.--Any amount due and owing in excess of 
     available appropriations in any fiscal year shall be paid 
     from amounts made available in subsequent fiscal years, along 
     with interest on the unpaid balances at the rate equal to 
     that of the current average market yield on outstanding 
     marketable obligations of the United States with a maturity 
     of 1 year.
       ``(4) Documentation and auditing.--The Administrator--
       ``(A) shall require that any claim for reimbursement be 
     supported by documentation of actual costs incurred; and
       ``(B) may require an independent auditing of any claim for 
     reimbursement.
       ``(t) Post-Allocation Contribution.--
       ``(1) In general.--Subject to paragraph (2), an allocation 
     party (including a party that is subject to an order under 
     section 106 or a settlement decree) that incurs costs after 
     the date of enactment of this section for implementation of a 
     response action that is the subject of an allocation under 
     this section to an extent that exceeds the percentage share 
     of the allocation party, as determined by the allocator, 
     shall be entitled to prompt reimbursement of the excess 
     amount, including any orphan share, from the Fund, unless the 
     allocation report is rejected under subsection (p).
       ``(2) Exception.--No person whose allocated share is fully 
     funded by the orphan share pursuant to subsection (l)(2)(B) 
     shall be subject to an order pursuant to section 106 issued 
     after the date of enactment of this section.
       ``(3) Not contingent.--The right to reimbursement under 
     paragraph (1) shall not be contingent on recovery by the 
     United States of a response cost from any other person.
       ``(4) Terms and conditions.--
       ``(A) Risk premium.--A reimbursement shall be reduced by 
     the amount of the litigation risk premium under subsection 
     (r)(5) that would apply to a settlement by the allocation 
     party concerning the response action, based on the total 
     allocated shares of the parties that have not reached a 
     settlement with the United States.
       ``(B) Timing.--
       ``(i) In general.--A reimbursement shall be paid out during 
     the course of the response action that was the subject of the 
     allocation, using reasonable progress payments at significant 
     milestones.
       ``(ii) Construction.--Reimbursement for the construction 
     portion of the work shall be paid out not later than 120 days 
     after the date of completion of the construction.
       ``(C) Equitable offset.--A reimbursement is subject to 
     equitable offset or recoupment by the Administrator at any 
     time if the allocation party fails to perform the work in a 
     proper and timely manner.
       ``(D) Independent auditing.--The Administrator may require 
     independent auditing of any claim for reimbursement.
       ``(E) Waiver.--An allocation party seeking reimbursement 
     waives the right to seek recovery of response costs in 
     connection with the response action, or contribution toward 
     the response costs, from any other person.
       ``(F) Bar.--An administrative order shall be in lieu of any 
     action by the United States or any other person against the 
     allocation party for recovery of response costs in connection 
     with the response action, or for contribution toward the 
     costs of the response action.
       ``(u) Post-Settlement Litigation.--
       ``(1) In general.--Subject to subsections (q) and (r), and 
     on the expiration of the moratorium period under subsection 
     (c)(4), the Administrator may commence an action under 
     section 107 against an allocation party that has not resolved 
     the liability of the party to the United States following 
     allocation and may seek to recover response costs not 
     recovered through settlements with other persons.
       ``(2) Orphan share.--The recoverable costs shall include 
     any orphan share determined under subsection (l), but shall 
     not include any share allocated to a Federal, State, or local 
     governmental agency, department, or instrumentality.
       ``(3) Impleader.--A defendant in an action under paragraph 
     (1) may implead an allocation party only if the allocation 
     party did not resolve liability to the United States.
       ``(4) Certification.--In commencing or maintaining an 
     action under section 107 against an allocation party after 
     the expiration of the moratorium period under subsection 
     (c)(4), the Attorney General shall certify in the complaint 
     that the defendant failed to settle the matter based on the 
     share that the allocation report assigned to the party.
       ``(5) Response costs.--
       ``(A) Allocation procedure.--The cost of implementing the 
     allocation procedure under this section, including reasonable 
     fees and expenses of the allocator, shall be considered as a 
     necessary response cost.
       ``(B) Funding of orphan shares.--The cost attributable to 
     funding an orphan share under this section--
       ``(i) shall be considered as a necessary cost of response 
     cost; and
       ``(ii) shall be recoverable in accordance with section 107 
     only from an allocation party that does not reach a 
     settlement and does not receive an administrative order under 
     subsection (r) or (t).
       ``(v) New Information.--
       ``(1) In general.--An allocation under this section shall 
     be final, except that any settling party, including the 
     United States, may seek a new allocation with respect to the 
     response action that was the subject of the settlement by 
     presenting the Administrator with clear and convincing 
     evidence that--
       ``(A) the allocator did not have information concerning--
       ``(i) 35 percent or more of the materials containing 
     hazardous substances at the facility; or
       ``(ii) 1 or more persons not previously named as an 
     allocation party that contributed 15 percent or more of 
     materials containing hazardous substances at the facility; 
     and
       ``(B) the information was discovered subsequent to the 
     issuance of the report by the allocator.
       ``(2) New allocation.--Any new allocation of 
     responsibility--
       ``(A) shall proceed in accordance with this section;
       ``(B) shall be effective only after the date of the new 
     allocation report; and
       ``(C) shall not alter or affect the original allocation 
     with respect to any response costs previously incurred.
       ``(w) Allocator's Discretion.--The Administrator shall not 
     issue any rule or order that limits the discretion of the 
     allocator in the conduct of the allocation.
       ``(x) Illegal Activities.--Section 107 (n), (o), (p), (q), 
     (r), (s), (t), and (u), section 112(g), and (l)(2)(B) shall 
     not apply to any person whose liability for response costs 
     under section 107(a)(1) is otherwise based on any act, 
     omission, or status that is determined by a court or 
     administrative body of competent jurisdiction, within the 
     applicable statute of limitation, to have been a violation of 
     any Federal or State law pertaining to the treatment, 
     storage, disposal, or handling of hazardous substances if the 
     violation pertains to a hazardous substance, the release or 
     threat of release of which caused the incurrence of response 
     costs at the vessel or facility.''.

     SEC. 504. LIABILITY OF RESPONSE ACTION CONTRACTORS.

       (a) Liability of Contractors.--Section 101(20) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601(20)), as amended by 
     section 303(a), is amended by adding at the end the 
     following:
       ``(G) Liability of contractors.--
       ``(i) In general.--The term `owner or operator' does not 
     include a response action contractor (as defined in section 
     119(e)).
       ``(ii) Liability limitations.--A person described in clause 
     (i) shall not, in the absence of negligence by the person, be 
     considered to--

       ``(I) cause or contribute to any release or threatened 
     release of a hazardous substance, pollutant, or contaminant;
       ``(II) arrange for disposal or treatment of a hazardous 
     substance, pollutant, or contaminant;
       ``(III) arrange with a transporter for transport or 
     disposal or treatment of a hazardous substance, pollutant, or 
     contaminant; or
       ``(IV) transport a hazardous substance, pollutant, or 
     contaminant.

       ``(iii) Exception.--This subparagraph does not apply to a 
     person potentially responsible under section 106 or 107 other 
     than a person associated solely with the provision of a 
     response action or a service or equipment ancillary to a 
     response action.''.
       (b) National Uniform Negligence Standard.--Section 119(a) 
     of the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9619(a)) is amended--
       (1) in paragraph (1) by striking ``title or under any other 
     Federal law'' and inserting ``title or under any other 
     Federal or State law''; and
       (2) in paragraph (2)--
       (A) by striking ``(2) Negligence, etc.--Paragraph (1)'' and 
     inserting the following:
       ``(2) Negligence and intentional misconduct; application of 
     state law.--
       ``(A) Negligence and intentional misconduct.--
       ``(i) In general.--Paragraph (1)''; and
       (B) by adding at the end the following:
       ``(ii) Standard.--Conduct under clause (i) shall be 
     evaluated based on the generally accepted standards and 
     practices in effect at

[[Page S2710]]

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

     SEC. 505. RELEASE OF EVIDENCE.

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

     SEC. 506. CONTRIBUTION PROTECTION.

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

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

       (a) Definition.--Section 101(20) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601(20)), as amended by section 502(a), is 
     amended by adding at the end the following:
       ``(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.''.
       (b) Limitation on Liability.--Section 107 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607), as amended by section 
     306(b), is amended by adding at the end the following:
       ``(u) 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) provide full cooperation, assistance, and vessel or 
     facility access to persons authorized to conduct response 
     actions at the vessel or facility, including the cooperation 
     and access necessary for the installation, preservation of 
     integrity, operation, and maintenance of any complete or 
     partial response action at the vessel or facility;
       ``(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)(G)

[[Page S2711]]

     that meets the conditions specified in paragraph (2).''.

     SEC. 508. 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. 509. LIMITATION ON LIABILITY FOR RESPONSE COSTS.

       Section 107 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9607), as 
     amended by section 505(b), is amended by adding at the end 
     the following:
       ``(v) Limitation on Liability of Railroad Owners.--
     Notwithstanding subsection (a)(1), a person that does not 
     impede the performance of a response action or natural 
     resource restoration shall not be liable under this Act to 
     the extent that liability is based solely on the status of 
     the person as a railroad owner or operator of a spur track, 
     including a spur track over land subject to an easement, to a 
     facility that is owned or operated by a person that is not 
     affiliated with the railroad owner or operator, if--
       ``(1) the spur track provides access to a main line or 
     branch line track that is owned or operated by the railroad;
       ``(2) the spur track is 10 miles long or less; and
       ``(3) the railroad owner or operator does not cause or 
     contribute to a release or threatened release at the spur 
     track.''.
                      TITLE VI--FEDERAL FACILITIES

     SEC. 601. TRANSFER OF AUTHORITIES.

       Section 120 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is 
     amended by striking subsection (g) and inserting the 
     following:
       ``(g) Transfer of Authorities.--
       ``(1) Definitions.--In this section:
       ``(A) Interagency agreement.--The term `interagency 
     agreement' means an interagency agreement under this section.
       ``(B) Transfer agreement.--The term `transfer agreement' 
     means a transfer agreement under paragraph (3).
       ``(C) Transferee state.--The term `transferee State' means 
     a State to which authorities have been transferred under a 
     transfer agreement.
       ``(2) State application for transfer of authorities.--A 
     State may apply to the Administrator to exercise the 
     authorities vested in the Administrator under this Act at any 
     facility located in the State that is--
       ``(A) owned or operated by any department, agency, or 
     instrumentality of the United States (including the 
     executive, legislative, and judicial branches of government); 
     and
       ``(B) listed on the National Priorities List.
       ``(3) Transfer of authorities.--
       ``(A) Determinations.--The Administrator shall enter into a 
     transfer agreement to transfer to a State the authorities 
     described in paragraph (2) if the Administrator determines 
     that--
       ``(i) the State has the ability to exercise such 
     authorities in accordance with this Act, including adequate 
     legal authority, financial and personnel resources, 
     organization, and expertise;
       ``(ii) the State has demonstrated experience in exercising 
     similar authorities;
       ``(iii) the State has agreed to be bound by all Federal 
     requirements and standards under section 129 governing the 
     design and implementation of the facility evaluation, 
     remedial action plan, and remedial design; and
       ``(iv) the State has agreed to abide by the terms of any 
     interagency agreement or agreements covering the Federal 
     facility or facilities with respect to which authorities are 
     being transferred in effect at the time of the transfer of 
     authorities.
       ``(B) Contents of transfer agreement.--A transfer 
     agreement--
       ``(i) shall incorporate the determinations of the 
     Administrator under subparagraph (A); and
       ``(ii) in the case of a transfer agreement covering a 
     facility with respect to which there is no interagency 
     agreement that specifies a dispute resolution process, shall 
     require that within 120 days after the effective date of the 
     transfer agreement, the State shall agree with the head of 
     the Federal department, agency, or instrumentality that owns 
     or operates the facility on a process for resolution of any 
     disputes between the State and the Federal department, 
     agency, or instrumentality regarding the selection of a 
     remedial action for the facility; and
       ``(iii) shall not impose on the transferee State any term 
     or condition other than that the State meet the requirements 
     of subparagraph (A).
       ``(4) Effect of transfer.--
       ``(A) State authorities.--A transferee State--
       ``(i) shall not be deemed to be an agent of the 
     Administrator but shall exercise the authorities transferred 
     under a transfer agreement in the name of the State; and
       ``(ii) shall have exclusive authority to exercise 
     authorities that have been transferred.
       ``(B) Effect on interagency agreements.--Nothing in this 
     subsection shall require, authorize, or permit the 
     modification or revision of an interagency agreement covering 
     a facility with respect to which authorities have been 
     transferred to a State under a transfer agreement (except for 
     the substitution of the transferee State for the 
     Administrator in the terms of the interagency agreement, 
     including terms stating obligations intended to preserve the 
     confidentiality of information) without the written consent 
     of the Governor of the State and the head of the department, 
     agency, or instrumentality.
       ``(5) Selected remedial action.--The remedial action 
     selected for a facility under section 129 by a transferee 
     State shall constitute the only remedial action required to 
     be conducted at the facility, and the transferee State shall 
     be precluded from enforcing any other remedial action 
     requirement under Federal or State law, except for--
       ``(A) any corrective action under the Solid Waste Disposal 
     Act (42 U.S.C. 6901 et seq.) that was initiated prior to the 
     date of enactment of this subsection; and
       ``(B) any remedial action in excess of remedial action 
     under section 129 that the State selects in accordance with 
     paragraph (10).
       ``(6) Deadline.--
       ``(A) In general.--The Administrator shall make a 
     determination on an application by a State under paragraph 
     (2) not later than 120 days after the date on which the 
     Administrator receives the application.
       ``(B) Failure to act.--If the Administrator does not issue 
     a notice of approval or notice of disapproval of an 
     application within the time period stated in subparagraph 
     (A), the application shall be deemed to have been granted.
       ``(7) Resubmission of application.--
       ``(A) In general.--If the Administrator disapproves an 
     application under paragraph (1), the State may resubmit the 
     application at any time after receiving the notice of 
     disapproval.
       ``(B) Failure to act.--If the Administrator does not issue 
     a notice of approval or notice of disapproval of a 
     resubmitted application within the time period stated in 
     paragraph (6)(A), the resubmitted application shall be deemed 
     to have been granted.
       ``(8) Judicial review.--A disapproval of a resubmitted 
     application shall be subject to judicial review under section 
     113(b).
       ``(9) Withdrawal of authorities.--The Administrator may 
     withdraw the authorities transferred under a transfer 
     agreement in whole or in part if the Administrator determines 
     that the State--
       ``(A) is exercising the authorities, in whole or in part, 
     in a manner that is inconsistent with the requirements of 
     this Act;
       ``(B) has violated the transfer agreement, in whole or in 
     part; or
       ``(C) no longer meets one of the requirements of paragraph 
     (3).
       ``(10) State cost responsibility.--The State may require a 
     remedial action that exceeds the remedial action selection 
     requirements of section 121 if the State pays the incremental 
     cost of implementing that remedial action over the most cost-
     effective remedial action that would result from the 
     application of section 129.
       ``(11) Dispute resolution and enforcement.--
       ``(A) Dispute resolution.--
       ``(i) Facilities covered by both a transfer agreement and 
     an interagency agreements.--In the case of a facility with 
     respect to which there is both a transfer agreement and an 
     interagency agreement, if the State does not concur in the 
     remedial action proposed for selection by the Federal 
     department, agency, or instrumentality, the Federal 
     department, agency, or instrumentality and the State shall 
     engage in the dispute resolution process provided for in the 
     interagency agreement, except that the final level for 
     resolution of the dispute shall be the head of the Federal 
     department, agency, or instrumentality and the Governor of 
     the State.
       ``(ii) Facilities covered by a transfer agreement but not 
     an interagency agreement.--In the case of a facility with 
     respect to which there is a transfer agreement but no 
     interagency agreement, if the State does not concur in the 
     remedial action proposed for selection by the Federal 
     department, agency, or instrumentality, the Federal 
     department, agency, or instrumentality and the State shall 
     engage in dispute resolution as provide in paragraph 
     (3)(B)(ii) under which the final level for resolution of the 
     dispute shall be the head of the Federal department, agency, 
     or instrumentality and the Governor of the State.
       ``(iii) Failure to resolve.--If no agreement is reached 
     between the head of the Federal department, agency, or 
     instrumentality and the Governor in a dispute resolution  
     process  under  clause  (i)  or (ii), the Governor of the 
     State shall make the final determination regarding selection 
     of a remedial action. To compel implementation of the State's 
     selected remedy, the State must bring a civil action in 
     United States district court.
       ``(B) Enforcement.--
       ``(i) Authority; jurisdiction.--An interagency agreement 
     with respect to which there is a transfer agreement or an 
     order issued by a transferee State shall be enforceable by a 
     transferee State or by the Federal department, agency, or 
     instrumentality that is a party to the interagency agreement 
     only in the United States district court for the district in 
     which the facility is located.
       ``(ii) Remedies.--The district court shall--

       ``(I) enforce compliance with any provision, standard, 
     regulation, condition, requirement, order, or final 
     determination that has become effective under the interagency 
     agreement;
       ``(II) impose any appropriate civil penalty provided for 
     any violation of an interagency agreement, not to exceed 
     $25,000 per day;

[[Page S2712]]

       ``(III) compel implementation of the selected remedial 
     action; and
       ``(IV) review a challenge by the Federal department, 
     agency, or instrumentality to the remedial action selected by 
     the State under this section, in accordance with section 
     113(j).

       ``(12) Community participation.--If, prior to the date of 
     enactment of this section, a Federal department, agency, or 
     instrumentality had established for a facility covered by a 
     transfer agreement a facility-specific advisory board or 
     other community-based advisory group (designated as a `site-
     specific advisory board', a `restoration advisory board', or 
     otherwise), and the Administrator determines that the board 
     or group is willing and able to perform the responsibilities 
     of a community response organization under section 117(e)(2), 
     the board or group--
       ``(A) shall be considered to be a community response 
     organization for the purposes of section 117 (e) (2), (3), 
     (4), and (9), and (g) and sections 127 and 129; but
       ``(B) shall not be required to comply with, and shall not 
     be considered to be a community response organization for the 
     purposes of, section 117 (e) (1), (5), (6), (7), or (8) or 
     (f).''.

     SEC. 602. LIMITATION ON CRIMINAL LIABLIITY OF FEDERAL 
                   OFFICERS, EMPLOYEES, AND AGENTS.

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

     SEC. 603. INNOVATIVE TECHNOLOGIES FOR REMEDIAL ACTION AT 
                   FEDERAL FACILITIES.

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

     SEC. 604. FEDERAL FACILITY LISTING.

       Section 120(h)(4)(C) of the Comprehensive Environmental 
     Response Compensation and Liability Act of 1980 (42 U.S.C. 
     9620(h)(4)(C)) is amended by adding at the end the following:
       ``(v) On identification of parcels of uncontaminated 
     property under this paragraph, the President may provide 
     notice that the listing does not include the identified 
     uncontaminated parcels.''.

     SEC. 605. FEDERAL FACILITY LISTING DEFERRAL.

       Paragraph (3) of section 120(d) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(d)), as designated by section 604, is 
     amended by inserting after ``persons'' the following: ``, but 
     an appropriate factor as referred to in section 105(a)(8)(A) 
     may include the extent to which the Federal agency has 
     arranged with the Administrator or with a State to respond to 
     the release or threatened release under other legal 
     authority''.

     SEC. 606. TRANSFERS OF UNCONTAMINATED PROPERTY.

       Section 120(h)(4)(A) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9620(h)(4)(A)) is amended in the first sentence by striking 
     ``stored for one year or more,''.
                  TITLE VII--NATURAL RESOURCE DAMAGES

     SEC. 701. RESTORATION OF NATURAL RESOURCES.

       (a) Definitions.--Section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601), as amended by section 504(b), is 
     amended by adding at the end the following:
       ``(52) Baseline.--The term `baseline' means the condition 
     or conditions that would have existed at a natural resource 
     had a release of hazardous substances not occurred.
       ``(53) Compensatory restoration.--The term `compensatory 
     restoration' means the provision of ecological services lost 
     as a result of injury to or destruction or loss of a natural 
     resource from the initial release giving rise to liability 
     under section 107(a)(2)(C) until primary restoration has been 
     achieved with respect to those services.
       ``(54) Ecological service.--The term `ecological service' 
     means a physical or biological function performed by an 
     ecological resource, including the human uses of such a 
     function.
       ``(55) Primary restoration.--The term `primary restoration' 
     means rehabilitation, natural recovery, or replacement of an 
     injured, destroyed, or lost natural resource, or acquisition 
     of a substitute or alternative natural resource, to 
     reestablish the baseline ecological service that the natural 
     resource would have provided in the absence of a release 
     giving rise to liability under section 107(a)(2)(C).
       ``(56) Restoration.--The term `restoration' means primary 
     restoration and compensatory restoration.''.
       (b) Liability for Natural Resource Damages.--
       (1) Amendment.--Section 107(a) of the Comprehensive 
     Environmental Response Compensation, and Liability Act of 
     1980 (42 U.S.C. 9607(a)) is amended--
       (A) by inserting ``In General.--'' after ``(a)'';
       (B) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) Persons liable.--Notwithstanding'';
       (C) by redesignating paragraphs (1), (2), (3), and (4) (as 
     designated prior to the date of enactment of this Act) as 
     subparagraphs (A), (B), (C), and (D), respectively, and 
     adjusting the margins accordingly;
       (D) by striking ``hazardous substance, shall be liable 
     for--'' and inserting the following: ``hazardous substance,
     shall be liable for the costs and damages described in 
     paragraph (2).
       ``(2) Costs and damages.--A person described in paragraph 
     (1) shall be liable for--'';
       (E) by striking subparagraph (C) of paragraph (2), as 
     designated by subparagraph (D), and inserting the following:
       ``(C) damages for injury to, destruction of, or loss of the 
     baseline ecological services of natural resources, including 
     the reasonable costs of assessing such injury, destruction, 
     or loss caused by a release; and'';
       (F) by striking ``The amounts'' and inserting the 
     following:
       ``(3) Interest.--The amounts''; and
       (G) in the first sentence of paragraph (3), as designated 
     by subparagraph (F), by striking ``subparagraphs (A) through 
     (D)'' and inserting ``paragraph (2)''.
       (2) Conforming amendments.--Section 107 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607) is amended--
       (A) in subsection (d)(3) by striking ``the provisions of 
     paragraph (1), (2), (3), or (4) of subsection (a) of this 
     section'' and inserting ``subsection (a)'';
       (B) in subsection (f)(1) by striking ``subparagraph (C) of 
     subsection (a)'' each place it appears and inserting 
     ``subsection (a)(2)(C)''.
       (c) Natural Resource Damages.--Section 107(f) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607(f)) is amended--
       (1) by inserting ``Natural Resource Damages.--'' after 
     ``(f)'';
       (2) by striking ``(1) Natural Resources Liability.--In the 
     case'' and inserting the following:
       ``(1) Liability.--
       ``(A) In general.--In the case'';
       (3) in paragraph (1)(A), as designated by paragraph (2)--
       (A) in the first sentence by inserting ``the baseline 
     ecological services of'' after ``loss of'';
       (B) in the third and fourth sentences, by striking ``to 
     restore, replace, or acquire the equivalent'' each place it 
     appears and inserting ``for restoration'';

[[Page S2713]]

       (C) by inserting after the fourth sentence the following: 
     ``Sums recovered by an Indian tribe as trustee under this 
     subsection shall be available for use only for restoration of 
     such natural resources by the Indian tribe. A restoration 
     conducted by the United States, a State, or an Indian tribe 
     shall proceed only if it is technologically practicable, 
     cost-effective, and consistent with all known or anticipated 
     response actions at or near the facility.''; and
       (D) by striking ``The measure of damages in any action'' 
     and all that follows through the end of the paragraph and 
     inserting the following:
       ``(B) Limitations on liability.--
       ``(i) Measure of damages.--The measure of damages in any 
     action under subsection (a)(2)(C) shall be limited to the 
     reasonable costs of restoration and of assessing damages.
       ``(ii) Nonuse values.--There shall be no recovery under 
     this Act for any impairment of non-use values.
       ``(iii) No double recovery.--A person that obtains a 
     recovery of damages, response costs, assessment costs, or any 
     other costs under this Act for injury to, destruction of, or 
     loss of a natural resource caused by a release shall not be 
     entitled to recovery under or any other Federal or State law 
     for injury to or destruction or loss of the natural resource 
     caused by the release.
       ``(iv) No retroactive liability.--

       ``(I) Compensatory restoration.--There shall be no recovery 
     from any person under this section for the costs of 
     compensatory restoration for a natural resource injury, 
     destruction, or loss that occurred prior to December 11, 
     1980.
       ``(II) Primary restoration.--There shall be no recovery 
     from any person under this section for the costs of primary 
     restoration if the natural resource injury, destruction, or 
     loss for which primary restoration is sought and the release 
     of the hazardous substance from which the injury resulted 
     occurred wholly before December 11, 1980.

       ``(v) Burden of proof on the issue of the date of 
     occurrence of a release.--The trustee for an injured, 
     destroyed, or lost natural resource bears the burden of 
     demonstrating that any amount of costs of compensatory 
     restoration that the trustee seeks under this section is to 
     compensate for an injury, destruction, or loss (or portion of 
     an injury, destruction, or loss) that occurred on or after 
     December 11, 1980.''; and
       (4) by adding at the end the following:
       ``(3) Selection of restoration method.--When selecting 
     appropriate restoration measures, including natural recovery, 
     a trustee shall select the most cost-effective method of 
     achieving restoration.''.

     SEC. 702. ASSESSMENT OF DAMAGES.

       (a) Damage Assessments.--Section 107(f)(2) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607(f)(2)) is amended by 
     striking subparagraph (C) and inserting the following:
       ``(C) Damage assessment.--
       ``(i) Regulation.--A natural resource damage assessment 
     conducted for the purposes of this Act made by a Federal, 
     State, or tribal trustee shall be performed, to the extent 
     practicable, in accordance with--

       ``(I) the regulation issued under section 301(c); and
       ``(II) generally accepted scientific and technical 
     standards and methodologies to ensure the validity and 
     reliability of assessment results.

       ``(ii) Facility-specific conditions and restoration 
     requirements.--Injury determination, restoration planning, 
     and quantification of restoration costs shall, to the extent 
     practicable, be based on an assessment of facility-specific 
     conditions and restoration requirements.
       ``(iii) Use by trustee.--A natural resource damage 
     assessment under clause (i) may be used by a trustee as the 
     basis for a natural resource damage claim only if the 
     assessment demonstrates that the hazardous substance release 
     in question caused the alleged natural resource injury.
       ``(iv) Cost recovery.--As part of a trustee's claim, a 
     trustee may recover only the reasonable damage assessment 
     costs that were incurred directly in relation to the site-
     specific conditions and restoration measures that are the 
     subject of the natural resource damage action.''.
       (b) Regulations.--
       (1) New regulations.--Section 301 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9651) is amended by striking subsection (c) 
     and inserting the following:
       ``(c) Regulations for Damage Assessments.--
       ``(1) In general.--The President, acting through Federal 
     officials designated by the National Contingency Plan under 
     section 107(f)(2), shall issue a regulation for the 
     assessment of restoration damages and assessment costs for 
     injury to, destruction of, or loss of natural resources 
     resulting from a release of a hazardous substance for the 
     purposes of this Act.
       ``(2) Contents.--The regulation under paragraph (1) shall--
       ``(A) specify protocols for conducting assessments in 
     individual cases to determine the injury, destruction, or 
     loss of baseline ecological services of the environment;
       ``(B) identify the best available procedures to determine 
     damages for the reasonable cost of restoration and 
     assessment;
       ``(C) take into consideration the ability of a natural 
     resource to recover naturally and the availability of 
     replacement or alternative resources; and
       ``(D) specify an appropriate mechanism for the cooperative 
     designation of a single lead decisionmaking trustee at a site 
     where more than one Federal, State, or Indian tribe trustee 
     intends to conduct an assessment, which designation shall 
     occur not later than 180 days after the date of first notice 
     to the responsible parties that a natural resource damage 
     assessment will be made.
       ``(3) Biennial review.--The regulation under paragraph (1) 
     shall be reviewed and revised as appropriate every 2 
     years.''.
       (2) Interim provision.--Until such time as the regulations 
     issued pursuant to the amendment made by paragraph (1) become 
     effective, the regulations issued under section 301(c) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9651(c)) shall remain in 
     effect and shall be applied, subject to challenge on any 
     ground, in the same manner and to the same extent as if this 
     Act had not been enacted, except to the extent that those 
     regulations are inconsistent with this Act or an amendment 
     made by this Act.

     SEC. 703. CONSISTENCY BETWEEN RESPONSE ACTIONS AND RESOURCE 
                   RESTORATION STANDARDS AND ALTERNATIVES.

       (a) Restoration Standards and Alternatives.--Section 107(f) 
     of the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9607(f)), as amended by 
     section 701(b)(4), is amended by adding at the end the 
     following:
       ``(4) Consistency with response actions.--A restoration 
     standard or restoration alternative selected by a trustee for 
     a facility listed or proposed for listing on the National 
     Priorities List shall not be duplicative of or inconsistent 
     with actions undertaken pursuant to section 104, 106, 121, or 
     129.''.
       (b) Response Actions.--
       (1) Abatement action.--Section 106(a) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9606(a)) is amended by adding at the end the 
     following: ``The President shall not take action under this 
     subsection except such action as is necessary to protect the 
     public health and the baseline ecological services of the 
     environment.''.
       (2) Limitation on degree of cleanup.--Section 121(a) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9621(a)), as amended by 
     section 402(1), is amended by adding at the end the 
     following:
       ``(7) Limitation.--
       ``(A) In general.--The Administrator shall not select a 
     remedial action under this section that goes beyond the 
     measures necessary to protect human health and the 
     environment and restore the baseline ecological services of 
     the environment.
       ``(B) Considerations.--In evaluating and selecting remedial 
     actions, the Administrator shall take into account the 
     potential for injury to or destruction or loss of a natural 
     resource resulting from such actions.
       ``(C) No liability.--No person shall be liable for injury 
     to or destruction or loss of a natural resource resulting 
     from a response action or remedial action selected by the 
     Administrator that is properly implemented without negligence 
     or other improper performance on the part of a potentially 
     responsible party or other person acting at the direction of 
     a potentially responsible party.''.

     SEC. 704. MISCELLANEOUS AMENDMENTS.

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

     SEC. 801. RESULT-ORIENTED CLEANUPS.

       (a) Amendment.--Section 105(a) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9605(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (9);
       (2) by striking the period at the end of paragraph (10) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (10) the following:
       ``(11) procedures for conducting response actions, 
     including facility evaluations, remedial investigations, 
     feasibility studies, remedial action plans, remedial designs, 
     and remedial actions, which procedures shall--
       ``(A) use a results-oriented approach to minimize the time 
     required to conduct response measures and reduce the 
     potential for exposure to the hazardous substances, 
     pollutants, and contaminants in an efficient, timely, and 
     cost-effective manner;
       ``(B) require, at a minimum, expedited facility evaluations 
     and risk assessments, timely negotiation of response action 
     goals, a single engineering study, streamlined oversight of 
     response actions, and consultation with interested parties 
     throughout the response action process;
       ``(C) be subject to the requirements of sections 117, 120, 
     121, and 129 in the same manner and to the same degree as 
     those sections apply to response actions; and
       ``(D) be required to be used for each remedial action 
     conducted under this Act unless the Administrator determines 
     that their use would not be cost-effective or result in the 
     selection of a response action that achieves the goals of 
     protecting human health and the environment stated in section 
     121(a)(1)(B).''.

[[Page S2714]]

       (b) Amendment of National Hazardous Substance Response 
     Plan.--Not later than 180 days after the date of enactment of 
     this Act, the Administrator, after notice and opportunity for 
     public comment, shall amend the National Hazardous Substance 
     Response Plan under section 105(a) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9605(a)) to include the procedures required 
     by the amendment made by subsection (a).

     SEC. 802. NATIONAL PRIORITIES LIST.

       Section 105 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9605), as 
     amended by section 408(a)(1)(B), is amended by adding at the 
     end the following:
       ``(i) National Priorities List.--
       ``(1) Additional vessels and facilities.--
       ``(A) Limitation.--
       ``(i) In general.--After the date of the enactment of this 
     subsection, the President may add vessels and facilities to 
     the National Priorities List only in accordance with the 
     following schedule:

       ``(I) Not more than 30 vessels and facilities in 1996.
       ``(II) Not more than 25 vessels and facilities in 1997.
       ``(III) Not more than 20 vessels and facilities in 1998.
       ``(IV) Not more than 20 vessels and facilities in 1999.
       ``(V) Not more than 10 vessels and facilities in 2000.
       ``(VI) Not more than 10 vessels and facilities in 2001.
       ``(VII) Not more than 10 vessels and facilities in 2002.

       ``(ii) Relisting.--The relisting of a vessel or facility 
     under section 135(d)(5)(C)(ii) shall not be considered to be 
     an addition to the National Priorities List for purposes of 
     this subsection.
       ``(B) Prioritization.--The Administrator shall prioritize 
     the vessels and facilities added under subparagraph (A) on a 
     national basis in accordance with the threat to human health 
     and the environment presented by each of the vessels and 
     facilities, respectively.
       ``(C) State concurrence.--A vessel or facility may be added 
     to the National Priorities List under subparagraph (A) only 
     with the concurrence of the State in which the vessel or 
     facility is located.
       ``(2) Sunset.--
       ``(A) No additional vessels or facilities.--The authority 
     of the Administrator to add vessels and facilities to the 
     National Priorities List shall expire on December 31, 2002.
       ``(B) Limitation on action by the administrator.--At the 
     completion of response actions for all vessels and facilities 
     on the National Priorities List, the authority of the 
     Administrator under this Act shall be limited to--
       ``(i) providing a national emergency response capability;
       ``(ii) conducting research and development;
       ``(iii) providing technical assistance; and
       ``(iv) conducting oversight of grants and loans to the 
     States.''.

     SEC. 803. OBLIGATIONS FROM THE FUND FOR RESPONSE ACTIONS.

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

     SEC. 804. REMEDIATION WASTE.

       (a) Definitions.--Section 1004 of the Solid Waste Disposal 
     Act (42 U.S.C. 6903) is amended by adding at the end the 
     following:
       ``(42) Debris.--The term `debris'--
       ``(A) means--
       ``(i) a solid manufactured object exceeding a 60 millimeter 
     particle size;
       ``(ii) plant or animal matter; and
       ``(iii) natural geologic material; but
       ``(B) does not include material that the Administrator may 
     exclude from the meaning of the term by regulation.
       ``(43) Identified characteristic waste.--The term 
     `identified characteristic waste' means a solid waste that 
     has been identified as having the characteristics of 
     hazardous waste under section 3001.
       ``(44) Listed waste.--The term `listed waste' means a solid 
     waste that has been listed as a hazardous waste under section 
     3001.
       ``(45) Media.--The term `media' means ground water, surface 
     water, soil, and sediment.
       ``(46) Remediation activity.--The term `remediation 
     activity' means the remediation, removal, containment, or 
     stabilization of--
       ``(A) solid waste that has been released to the 
     environment; or
       ``(B) media and debris that are contaminated as a result of 
     a release.
       ``(47) Remediation waste.--The term `remediation waste' 
     means--
       ``(A) solid and hazardous waste that is generated by a 
     remediation activity; and
       ``(B) debris and media that are generated by a remediation 
     activity and contain a listed waste or identified 
     characteristic waste.
       ``(48) State voluntary remediation program.--The term 
     `State voluntary remediation program' means a program 
     established by a State that permits a person to conduct 
     remediation activity at a facility under general guidance or 
     guidelines without being subject to a State order or consent 
     agreement specifically applicable to the person.''.
       (b) Identification and Listing.--Section 3001 of the Solid 
     Waste Disposal Act (42 U.S.C. 6921) is amended by adding at 
     the end the following:
       ``(j) Remediation Waste.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     person that manages remediation waste that is an identified 
     characteristic waste or listed waste or that contains an 
     identified characteristic waste or listed waste shall be 
     subject to the requirements of this subtitle (including 
     regulations issued under this subtitle, including the 
     regulation for corrective action management units published 
     in section 264.552, Code of Federal Regulations, and the 
     regulation for temporary units published in section 264.553, 
     Code of Federal Regulations, or any successor regulation).
       ``(2) Exceptions.--
       ``(A) Requirements under section 3004.--Media and debris 
     generated by a remediation activity that are identified 
     characteristic wastes or listed wastes or that contain an 
     identified characteristic waste or a listed waste shall not 
     be subject to the requirements of section 3004 (d), (e), (f), 
     (g), (j), (m), or (o).
       ``(B) Permit requirements.--No Federal, State, or local 
     permit shall be required for the treatment, storage, or 
     disposal of remediation waste that is conducted entirely at 
     the facility at which the remediation takes place.
       ``(3) Remediation waste subject to orders, consent 
     agreements, voluntary remediation programs, and other 
     mechanisms.--
       ``(A) Requirements not applicable.--Notwithstanding 
     paragraph (1), a person that manages remediation waste that--
       ``(i) is identified characteristic waste or listed waste or 
     that contains an identified characteristic waste or listed 
     waste; and
       ``(ii) is subject to a Federal or State order, Federal or 
     State consent agreement, a State voluntary remediation 
     program, or such other mechanism as the Administrator 
     considers appropriate,
     shall not be subject to the requirements of this subtitle 
     (including any regulation under this subsection) unless the 
     requirements are specified in the Federal or State order, 
     Federal or State consent agreement, State voluntary cleanup 
     program, or other mechanism, as determined by the 
     Administrator.
       ``(B) Enforcement.--Unless other enforcement procedures are 
     specified in the order, consent agreement, or other 
     mechanism, a person described in subparagraph (A) (except a 
     person that manages remediation waste under a State voluntary 
     remediation program) shall be subject to enforcement of the 
     requirements of the order, consent agreement, or other 
     mechanism by use of enforcement procedures under section 
     3008.''.
       (c) Regulation.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall issue a 
     regulation implementing section 3001(j) of the Solid Waste 
     Disposal Act, as added by subsection (b).
                           TITLE IX--FUNDING
                     Subtitle A--General Provisions

     SEC. 901. AUTHORIZATION OF APPROPRIATIONS FROM THE FUND.

       Section 111(a) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) 
     is amended in the first sentence by striking ``not more than 
     $8,500,000,000 for the 5-year period beginning on the date of 
     enactment of the Superfund Amendments and Reauthorization Act 
     of 1986, and not more than $5,100,000,000 for the period 
     commencing October 1, 1991, and ending September 30, 1994'' 
     and inserting ``a total of $8,500,000,000 for fiscal years 
     1996, 1997, 1998, 1999, and 2000''.

     SEC. 902. ORPHAN SHARE FUNDING.

       Section 111(a) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)), 
     as amended by section 301(c), is amended by inserting after 
     paragraph (8) the following:
       ``(9) Orphan share funding.--Payment of orphan shares under 
     section 132.''.

     SEC. 903. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

       Section 111 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is 
     amended by striking subsection (m) and inserting the 
     following:
       ``(m) Health Authorities.--There are authorized to be 
     appropriated from the Fund to the Secretary of Health and 
     Human Services to be used for the purposes of carrying out 
     the activities described in subsection (c)(4) and the 
     activities described in section 104(i), $50,000,000 for each 
     of fiscal years 1996, 1997, 1998, 1999, and 2000. Funds 
     appropriated under this subsection for a fiscal year, but not 
     obligated by the end of the fiscal year, shall be returned to 
     the Fund.''.

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

       Section 111 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is 
     amended by striking subsection (n) and inserting the 
     following:
       ``(n) Limitations on Research, Development, and 
     Demonstration Programs.--
       ``(1) Alternative or innovative technologies research, 
     development, and demonstration programs.--

[[Page S2715]]

       ``(A) Limitation.--For each of fiscal years 1996, 1997, 
     1998, 1999, and 2000, not more than $20,000,000 of the 
     amounts available in the Fund may be used for the purposes of 
     carrying out the applied research, development, and 
     demonstration program for alternative or innovative 
     technologies and training program authorized under section 
     311(b) other than basic research.
       ``(B) Continuing availability.--Such amounts shall remain 
     available until expended.
       ``(2) Hazardous substance research, demonstration, and 
     training.--
       ``(A) Limitation.--For each of fiscal years 1996, 1997, 
     1998, 1999, and 2000 not more than $20,000,000 of the amounts 
     available in the Fund may be used for the purposes of section 
     311(a).
       ``(B) Further limitation.--No more than 10 percent of such 
     amounts shall be used for training under section 311(a) for 
     any fiscal year.
       ``(3) University hazardous substance research centers.--For 
     each of fiscal years 1996, 1997, 1998, 1999, and 2000, not 
     more than $5,000,000 of the amounts available in the Fund may 
     be used for the purposes of section 311(d).''.

     SEC. 905. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL 
                   REVENUES.

       Section 111(p) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611(p)) 
     is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Authorization of appropriations.--
       ``(A) In general.--There are authorized to be appropriated, 
     out of any money in the Treasury not otherwise appropriated, 
     to the Hazardous Substance Superfund--
       ``(i) for fiscal year 1996, $250,000,000;
       ``(ii) for fiscal year 1997, $250,000,000;
       ``(iii) for fiscal year 1998, $250,000,000;
       ``(iv) for fiscal year 1999, $250,000,000; and
       ``(v) for fiscal year 2000, $250,000,000.
       ``(B) Additional amounts.--There is authorized to be 
     appropriated to the Hazardous Substance Superfund for each 
     such fiscal year an amount, in addition to the amount 
     authorized by subparagraph (A), equal to so much of the 
     aggregate amount authorized to be appropriated under this 
     subsection and section 9507(b) of the Internal Revenue Code 
     of 1986 as has not been appropriated before the beginning of 
     the fiscal year.''.

     SEC. 906. ADDITIONAL LIMITATIONS.

       Section 111 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is 
     amended by adding at the end the following:
       ``(q) Qualifying State Voluntary Response Program.--For 
     each of fiscal years 1996, 1997, 1998, 1999, and 2000, not 
     more than $25,000,000 of the amounts available in the Fund 
     may be used for the purposes of subsection (a)(7) (relating 
     to qualifying State voluntary response programs).
       ``(r) Brownfield Cleanup Assistance.--For each of fiscal 
     years 1996 through 2000, not more than $15,000,000 of the 
     amounts available in the Fund may be used to carry out 
     section 134(b).
       ``(s) Community Response Organization.--For the period 
     commencing October 1, 1995, and ending September 30, 2000, 
     not more than $15,000,000 of the amounts available in the 
     Fund may be used to make grants under section 117(f) 
     (relating to Community Response Organizations).
       ``(t) Recoveries.--Effective beginning October 1, 1995, any 
     response cost recoveries collected by the United States under 
     this Act shall be credited as offsetting collections to the 
     Superfund appropriations account.''.

     SEC. 907. REIMBURSEMENT OF POTENTIALLY RESPONSIBLE PARTIES.

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

                          ____________________