[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12293-S12300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 1497. A bill to release contributors of ordinary trash and minor 
amounts of hazardous substances from litigation under Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, and 
for other purposes; to the Committee on Environment and Public Works.


       THE EQUITY AND PUBLIC INVOLVEMENT IN SUPERFUND ACT OF 1997

  Mr. LAUTENBERG. Mr. President, today I am introducing the Equity and 
Public Involvement in Superfund Act of 1997 [TEPI].
  Hazardous sites, the legacy of our industrial growth, litter the 
landscape across America. Many of those sites are toxic and pose real 
threats to the groundwater, the air and our water, and accordingly, our 
health and the health of the environment. The worst of those sites are 
so foul and so polluted that they are beyond the capacity of most 
States to handle. These sites, placed on the national priorities list 
for clean up under the Comprehensive Environmental Response 
Compensation, and Liability Act commonly known as Superfund can take 
years to clean up and cost tens of millions of dollars to clean up. 
They are ticking time bombs that threaten the health and survival of 
entire communities.
  Over the years the hazardous waste clean up program has been heavily 
criticized as being too slow, involving too much litigation and too 
expensive. Congress addressed many of those problems in 1986, and 
Administrator Carol

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Browner of the Environmental Protection Agency [EPA] has instituted 
many reforms to speed up the cleanup program. The results are dramatic. 
EPA has completed cleanup construction at 498 sites and more than 500 
additional sites are in construction. Taxpayers have saved $12 billion 
because polluters responsible for these sites are performing or funding 
approximately 70 percent of Superfund long-term cleanups. But, problems 
remain, partly because big corporate polluters are using the present 
law to drag tiny merchants and other parties who are minor polluters, 
or innocents who merely sent solid waste to a municipal landfill, into 
expensive lawsuits.
  A recent story televised by ``60 Minutes'' on the Keystone landfill 
in Pennsylvania showed the scope of the problem. The story centered on 
Barbara Williams, the owner of the Sunny Ray Restaurant in Gettysburg, 
PA, who was being sued by the sites' toxic polluters for $75,000 
because of the mashed potatoes she sent to the dump. Tiny gift stores, 
and other small businesses were dragged into a Superfund suit because 
they had sent regular trash to the Keystone Landfill.
  EPA Administrator Carol Browner is aware of this problem and has been 
trying to do something about it. She has offered expedited settlements, 
known as de minimis settlements, to more than 20,000 parties nationwide 
whose contribution to Superfund sites is comparatively small. She has 
also offered settlements for as little as $1.00, known as de micromis 
settlements, to parties whose contributions of hazardous waste to a 
site are minuscule, but whose payments to lawyers have been immense.
  While EPA has done an admirable job at ameliorating the aspect of the 
law that allows contribution litigation to happen, and indeed has 
deterred instances of egregious litigation, EPA can only do so much 
within the confines of the law and within the context of litigation. 
The law needs to be changed to put an end to these harassment suits. 
Since 1993, the Senate Environment and Public Works Committee 
repeatedly has tried to bridge the differences that exist on Superfund 
and send a reform bill to the President.

  Mr. President, as the ranking Democratic member of the Superfund 
Subcommittee, I have spent many hours over the past several months with 
the Chairman of the Environment and Public Works Committee, Senator 
Chafee, and the Superfund Subcommittee Chairman Senator Smith, 
Administrator Browner and Senator Baucus, the ranking Democratic member 
of the full committee. We've been negotiating a broad-based reform of 
the Nation's hazardous waste cleanup program. We have narrowed the 
differences between our views of how to fix Superfund. On October 22, 
1997, Senators Chafee and Smith made a global proffer on each title of 
their chairman's mark. The next week, Senator Baucus and I made a 
counter to their proffer that made significant concessions on each 
title of the bill.
  We thought progress was being made. However, instead of responding to 
our last offer, the Republicans decided to end negotiations, at least 
for now.
  Mr. President, Superfund reform has taken too long and, as a result 
municipalities, small businesses and communities in and around 
Superfund and brownfields sites are paying a high price for our 
inability to address their needs. It has long been my position that we 
should move ahead in areas where we can agree, and not hold our 
citizens and communities hostage to remaining disagreements. Earlier 
this year, as I have before, I introduced S. 18, the Brownfields and 
Environmental Cleanup Act. I have also introduced S. 1317, the 
Environmental Health Protection Act, to move ahead to protect the 
health of citizens living near Superfund sites. These are non-
controversial bills that could pass without objection. It is 
unacceptable and unconscionable that we would continue to leave 
citizens subject to illness--and perhaps even death, by cancer--when we 
can take steps now to reduce those risks. As a companion to those 
measures, today I am introducing the Equity and Public Involvement Act 
to address liability issues that enjoy virtual universal support. This 
bill addresses those Superfund failings of which most constituents 
complain, and contains solutions that have been agreed on by both 
Republicans and Democrats for years.
  Mr. President, the bill I am introducing today will bring relief to 
the thousands of small businesses and municipalities who have been 
swept into the Superfund litigation net by high-paid lawyers for big 
corporate polluters, even though those small businesses, churches and 
charities sent only municipal solid waste, common garbage, to the site. 
The provisions exempt individual homeowners, small business, and small 
nonprofits who have disposed only ordinary household trash. The 
provisions also limit the liability of big business and municipalities 
who have disposed household trash, consistent with an EPA draft policy, 
by allowing parties to cash-out on the basis of an easy-to-calculate 
formula that depends largely upon the volume of the trash these 
entities disposed, and the type of cleanup taking place at the site. 
Site did not have toxic pollutants driving up the cost of clean up. 
Plain and simple, these provisions prevent polluters from shifting 
cleanup costs to local taxpayers.
  The bill also provides protection for other businesses who sent small 
amounts of toxic waste to sites. Businesses which sent very small 
amounts--less than two barrels--will be exempt from lawsuits. Those who 
sent small amounts, but more than two barrels, will be subject to an 
expedited settlement process. For those small contributors and larger 
contributors of toxic waste, the amount they will have to pay will be 
cushioned by their ability to pay.

  The bill also protects landowners who live next door to hazardous 
waste sites by clarifying that they are not liable parties under the 
Superfund statute.
  In addition, the bill expands the public's ability to participate in 
the critical decisions concerning the cleanup in their neighborhoods. 
Throughout the negotiations, we have met extensively with community 
representatives and stakeholders on Superfund to learn what works and 
what doesn't.
  Stakeholders meetings with companies involved in multiple Superfund 
sites and cleanups at Department of Energy and Defense facilities 
showed that when communities near sites are involved early in the 
process, remedies are selected more quickly and there is more trust in 
the level of cleanup.
  Community representatives argued passionately for the right to be 
fully informed and involved in these critical decisions. To respond to 
this concern, this bill includes provisions that significantly increase 
community input at all Superfund sites and in all aspects of the 
process of remedying the ill effects of toxic sites. Included in this 
bill are provisions for technical assistance grants, known as TAG's, to 
communities to hire technical experts to help them interpret the often 
highly technical data. These provisions enjoy broad support.
  Mr. President, the liability reform provisions I have outlined and 
the community participation programs I have described are not 
controversial. Many were included in S. 8, a bill that Senators Chafee 
and Smith introduced with significant Republican support on the first 
day of the Senate session. However, that bill has not moved and 
negotiations on a broader bill have broken down, at least for the 
moment. Therefore, I think it is appropriate for the Congress to move 
ahead to reform the law where we can agree, and continue to discuss and 
negotiate the issues on which there remains disagreement.
  The bill I am introducing today is simple: It frees the hostages of 
stalled Superfund negotiations--the small businesses, churches, 
municipalities and their taxpayers, as well as neighboring landowners 
caught up in Superfund liability who have been waiting for years for a 
Superfund reform bill. They should not be held hostage to forces intent 
on repealing the principle of polluter pays and weakening cleanup of 
our natural resources who have not let a bill go forward because they 
can't get their way on those issues.
  Mr. President, this bill does not address all of the issues on which 
we could move forward today with virtual unanimous support. But, in 
conjunction with other legislation I have introduced, it could solve 
many of the worst of Superfund's problems.
  This fall I introduced S. 1317, the Environmental Health Protection 
Act, to

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expand the public health aspects of hazardous waste cleanup. That bill 
allows the Agency for Toxic Substances and Disease Registry [ATSDR] to 
study any location where there is concern that hazardous wastes 
threaten public health and requires that ATSDR work closely with State 
and local health officials in making its assessment.
  ATSDR is frequently criticized because its health assessments are 
completed too late in the process to be of any real value to local 
officials struggling to manage the health impact of a hazardous waste 
site on a community. S. 1317 changes the way EPA and the health 
authorities do their job. It requires EPA to notify local and State 
health officials early in the process that an investigation is 
commencing and to better coordinate their activities with local 
authorities so that EPA's proposed remedy better reflects local 
conditions and needs.
  Also, S. 1317 requires EPA to directly involve State and local health 
officials in deciding where and how to take samples at hazardous waste 
sites. State and local health officials are often the frontline 
experts. They have important first-hand information on how a toxic 
waste dump affects their community. Working with EPA, they can better 
determine and analyze possible health problems in a community and 
whether that pattern arises from a toxic waste dump. With this 
information, EPA can zero-in on those areas for additional sampling and 
further studies as well as design a site appropriate remedy that meets 
the special circumstances of the affected community.
  There is absolutely no reason why the Congress should not move ahead 
to approve S. 1317 now and every reason why we should. It would reduce 
health risks to our citizens and I know of no one who objects to it.
  On the first day of this Congress, last January, I introduced S. 18, 
the Brownfields and Environmental Cleanup Act of 1997. This bill would 
make Federal grants for revolving loan funds used for remediation of 
brownfields available throughout the country. It would also protect 
innocent landowners and prospective purchasers of brownfield sites. Mr. 
President, if we could free this hostage, I know the Congress could 
move quickly to agree on brownfields legislation.
  Mr. President, we appear to be at a standoff in Superfund 
negotiations for the moment. If that remains the case next January when 
we reconvene, I hope the Congress will move ahead to enact this 
legislation, along with my brownfields, community participation and 
environmental health protection bills. I also think we should extend 
the Superfund excise and corporate income tax. The tax, which expired 
in 1995, brings in sufficient revenue to cover the entire fiscal year 
1998 Superfund appropriation. Without the tax, industry is saving $26 
million a week--an amount sufficient enough to encourage some of those 
businesses to oppose any reform if the cost of reform is reinstituting 
the tax. Mr. President, that tax must be reinstated.
  Mr. President, on the first days of the session this year, Senator 
Baucus and I joined EPA Administrator Carol Browner to urge the Senate 
to pass a brownfields bill immediately and not hold it hostage to a 
broader Superfund bill. I said at that time:

       We have a long way to go before we get a bill that enjoys 
     bipartisan support, and that can be signed into law. We can't 
     wait. We need to do something now, not only to help the 
     environment, but to assist those urban areas which are 
     struggling with economic recovery. . . .
       But that bill, because of the number of issues in 
     controversy, will not pass quickly. And while many people 
     believe that Superfund can only be passed as a comprehensive 
     package, last year we did pass some Superfund provisions 
     separately for lenders, fiduciaries and the Department of 
     Defense. . . .
       In my view, we ought to sit down and quickly pass a 
     brownfields bill.
       The sooner we do, the sooner we may be able to convert 
     thousands of abandoned industrial sites into engines of 
     economic development.

  Mr. President, those words are even more true today than they were in 
January. We've let an entire year go by, without results. Let's pass 
this bill, the brownfields legislation, and community participation and 
environmental health programs. Let's make Superfund a shield to protect 
our communities, not a sword used to hold them hostage.
  Mr. President, I look forward to continuing negotiations with 
Senators Chafee, Smith, and Baucus next year to address the broader 
issues. But with a full year behind us, I believe we should serve up to 
our constituents what we can now deliver.
  Mr. President, I ask unanimous consent that a copy of the bill be 
inserted into the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1497

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Equity and 
     Public Involvement in Superfund Act of 1997''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

               TITLE I--ENHANCED COMMUNITY PARTICIPATION

Sec. 101. Definitions.
Sec. 102. Public participation generally.
Sec. 103. Improvement of public participation in the superfund 
              decisionmaking process; local community advisory groups; 
              technical assistance grants.
Sec. 104. Waste Site Information Offices.
Sec. 105. Technical outreach services for communities.
Sec. 106. Recruitment and training program.
Sec. 107. Priority site evaluation.
Sec. 108. Understandable presentation of materials.
Sec. 109. No impediment to response actions.

                          TITLE II--LIABILITY

Sec. 201. Liability exemptions and limitations.
Sec. 202. Expedited final settlement.
               TITLE I--ENHANCED COMMUNITY PARTICIPATION

     SEC. 101. DEFINITIONS.

       (a) In General.--Section 117 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9617) is amended--
       (1) by redesignating subsections (a) through (e) as 
     subsections (b) through (f), respectively; and
       (2) by inserting after the section heading the following:
       ``(a) Definitions.--In this section:
       ``(1) Affected community.--The term `affected community' 
     means a group of 2 or more individuals who may be affected by 
     the release or threatened release of a hazardous substance, 
     pollutant, or contaminant from a covered facility.
       ``(2) Covered facility.--The term `covered facility' means 
     a facility--
       ``(A) that has been listed or proposed for listing on the 
     National Priorities List;
       ``(B) at which the President is undertaking a removal 
     action that is expected to exceed--
       ``(i) in duration, 1 year; or
       ``(ii) in cost, the funding limit established under section 
     104(c)(1); or
       ``(C) with respect to which the Administrator of ATSDR has 
     accepted a petition requesting a health assessment under 
     section 104(i)(6)(B), and that is under investigation by the 
     Administrator of the Environmental Protection Agency under 
     subsection (a) or (b) of section 104.
       ``(3) Waste site information office.--The term `waste site 
     information office' means a waste site information office 
     established under subsection (j).''.
       (b) Conforming Amendments.--
       (A) Title I of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 is amended--
       (i) in section 111(a)(5) (42 U.S.C. 9611), by striking 
     ``117(e)'' and inserting ``117(f)'';
       (ii) in section 113(k)(2)(B) (42 U.S.C. 9613)--

       (I) in clause (iii), by striking ``117(a)(2)'' and 
     inserting ``117(b)(2)''; and
       (II) in the third sentence, by striking ``117(d)'' and 
     inserting ``117(e)''.

       (B) Section 2705(e) of title 10, United States Code, is 
     amended--
       (i) by striking ``117(e)'' and inserting ``117(f)''; and
       (ii) by striking ``(42 U.S.C. 9617(e))'' and inserting 
     ``(42 U.S.C. 9617(f))''.

     SEC. 102. PUBLIC PARTICIPATION GENERALLY.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 101(b)) is amended--
       (1) in subsection (b)(2), by inserting ``, adequate 
     notice,'' after ``oral comments'';
       (2) in the first sentence of subsection (e), by striking 
     ``major''; and
       (3) by striking subsection (f) and inserting the following:
       ``(f) Availability of Records.--
       ``(1) In general.--Except as provided in paragraph (2), 
     throughout all phases of a response action at a facility and 
     without the need to file a request under section 552 of title 
     5, United States Code, the President shall make available to 
     the affected community (including the recipient of a 
     technical assistance grant (if a grant has been awarded under 
     subsection (i)) or a community advisory group (if a community 
     advisory group has been established)), for inspection and, 
     subject to reasonable fees, for copying, all records in the 
     administrative record established by the President under 
     section 113(k).
       ``(2) Exempt records.--Paragraph (1) shall not apply to--

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       ``(A) a record that is exempt from disclosure under section 
     552 of title 5, United States Code;
       ``(B) a record that would be subject to the prohibition on 
     disclosure under section 104(e)(7) if the record were 
     obtained under section 104; or
       ``(C) a record that is exchanged between parties to a 
     dispute under this Act for the purpose of settling the 
     dispute.''.

     SEC. 103. IMPROVEMENT OF PUBLIC PARTICIPATION IN THE 
                   SUPERFUND DECISIONMAKING PROCESS; LOCAL 
                   COMMUNITY ADVISORY GROUPS; TECHNICAL ASSISTANCE 
                   GRANTS.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 101(b)(1)) is amended by adding at the end 
     the following:
       ``(g) Improvement of Public Participation in Decisionmaking 
     Process.--
       ``(1) Views and preferences.--
       ``(A) Solicitation.--To the extent practicable, in addition 
     to the solicitation of public comments on a proposed remedial 
     action plan under subsection (b)(2), the President, during 
     the response action process (including a response under 
     subsection (h)(4)(A)), shall--
       ``(i) disseminate information to the local community, in 
     particular, information concerning the effects of the 
     facility on human health, including the effects on children 
     and other highly susceptible or highly exposed populations;
       ``(ii) solicit information from the local community;
       ``(iii) consider the views of the local community; and
       ``(iv) include, in any administrative record established 
     under section 113(k), the views of the local community and 
     the response of the Administrator to any significant 
     comments, criticisms, or new data submitted in a written or 
     oral presentation.
       ``(B) Procedure.--To solicit the views and concerns of the 
     community, the Administrator may conduct, as appropriate--
       ``(i) face-to-face community surveys for purposes including 
     the identification of the location of private drinking water 
     wells, historic and current or potential use of water, and 
     other environmental resources in the community;
       ``(ii) public meetings; and
       ``(iii) other appropriate participatory activities.
       ``(C) Public meetings.--The Administrator shall give 
     particular consideration to providing the opportunity for 
     public meetings in advance of significant decision points in 
     the response action process.
       ``(D) Consultation.--In determining which of the procedures 
     set forth in subparagraph (B) may be appropriate, the 
     Administrator shall consult with a community advisory group, 
     if 1 has been established under subsection (h), and members 
     of the affected community.
       ``(E) Notification.--The President shall notify the local 
     community and local government concerning--
       ``(i) the schedule for commencement of construction 
     activities at a covered facility and the location and 
     availability of construction plans;
       ``(ii) the results of the any review under section 121(c) 
     and any modifications to the selected response made as a 
     result of the review; and
       ``(iii) the execution of and any revision to institutional 
     controls being used as part of a remedial action.
       ``(2) Meetings between lead agency and potentially 
     responsible parties.--The President, on a regular basis, 
     shall inform local government officials, Indian tribes, a 
     local community advisory group (if any) and, to the extent 
     practicable, interested members of the affected community of 
     the progress and substance of technical meetings between the 
     lead agency and potentially responsible parties regarding a 
     covered facility.
       ``(3) Remedial action alternatives.--A member of the local 
     community may propose a remedial action alternative in the 
     same manner as any other interested party may propose a 
     remedial action alternative.
       ``(h) Community Advisory Groups.--
       ``(1) Notice.--The President shall, to the extent 
     practicable, provide notice of an opportunity to form a 
     community advisory group to members of the affected 
     community, particularly persons that are immediately 
     proximate to or that may be or may have been affected by a 
     release or threatened release.
       ``(2) Establishment.--The President shall assist in the 
     establishment of a community advisory group for a covered 
     facility to achieve direct, regular, and meaningful 
     communication among members of the local community throughout 
     the response action process--
       ``(A) at the request of at least 20 individuals residing 
     in, or at least 10 percent of the population of, the area in 
     which the facility is located;
       ``(B) if there is no request under subparagraph (A), at the 
     request of any local government with jurisdiction over the 
     facility; or
       ``(C) if the President determines that a community advisory 
     group would be helpful to achieve the purposes of this Act.
       ``(3) Responsibilities of a community advisory group.--A 
     community advisory group shall--
       ``(A) solicit the views of the local community on various 
     issues affecting the development and implementation of 
     response actions at the facility;
       ``(B) serve as a conduit for information between the local 
     community and other entities represented on the community 
     advisory group;
       ``(C) present the views of the local community throughout 
     the response process; and
       ``(D) provide the local community reasonable notice of and 
     opportunities to participate in the meetings and other 
     activities of the community advisory group.
       ``(4) Responsibilities of the President.--
       ``(A) Consultation.--The President shall--
       ``(i) consult with the community advisory group in 
     developing and implementing the response action for a covered 
     facility, including consultation with respect to--

       ``(I) sampling, analysis, and monitoring plans and results;
       ``(II) assumptions regarding reasonably anticipated future 
     land uses;
       ``(III) potential remedial alternatives;
       ``(IV) selection and implementation of removal and remedial 
     actions (including operation and maintenance activities) and 
     reviews performed under section 121(c); and
       ``(V) use of institutional controls;

       ``(ii) encourage the Administrator of ATSDR, in cooperation 
     with State, Indian tribe, and local public health officials, 
     to consult with the community advisory group regarding health 
     assessments;
       ``(iii) keep the community advisory group informed of 
     progress in the development and implementation of the 
     response action; and
       ``(iv) on request, provide to any person the hazard ranking 
     score of any facility that has been scored under the 
     hazardous ranking system, and the preliminary assessment and 
     site inspection for the facility.
       ``(B) Consideration of comments.--The President shall 
     consider comments, information, and recommendations that the 
     community advisory group provides in a timely manner.
       ``(C) Consensus.--The community advisory group shall 
     attempt to achieve consensus among its members before 
     providing comments and recommendations to the President. If 
     consensus cannot be reached, the community advisory group 
     shall report or allow presentation of divergent views.
       ``(5) Composition of community advisory groups.--
       ``(A) Members.--
       ``(i) Members.--The President shall, to the extent 
     practicable, ensure that the membership of a community 
     advisory group reflects the composition of the affected 
     community and a diversity of interests.
       ``(ii) Represented groups.--A community advisory group for 
     a covered facility shall include at least 1 representative of 
     the recipients of a technical assistance grant, if any has 
     been awarded with respect to the facility, and shall include, 
     to the extent practicable, a person from each of the 
     following groups:

       ``(I) Persons who reside or own residential property near 
     the facility.
       ``(II) Persons who, although they may not reside or own 
     property near the facility, may be affected by the facility 
     contamination.
       ``(III) Local public health practitioners or medical 
     practitioners (particularly those who are practicing in the 
     affected community).
       ``(IV) Local Indian communities that may be affected by the 
     facility contamination.
       ``(V) Local citizen, civic, environmental, or public 
     interest groups.
       ``(VI) Members of the local business community.
       ``(VII) Employees at the facility during facility 
     operation.

       ``(B) Local residents.--Local residents shall, to the 
     extent practicable, comprise a majority of the voting 
     membership of a community advisory group.
       ``(C) Number of voting members.--The President shall, to 
     the extent practicable, ensure that the voting membership of 
     the community advisory group does not exceed 20 individuals.
       ``(D) Compensation.--A member of a community advisory group 
     shall serve without compensation.
       ``(E) Nonvoting members.--The President shall provide 
     opportunities for representatives of the following entities 
     to participate (as nonvoting members), as appropriate, in 
     community advisory group meetings for purposes including 
     providing information and technical expertise:
       ``(i) The Administrator.
       ``(ii) Other Federal agencies.
       ``(iii) Affected States.
       ``(iv) Affected Indian tribes.
       ``(v) Representatives of affected local governments (such 
     as city or county governments or local emergency planning 
     committees, and any other governmental unit that regulates 
     land use or land use planning in the vicinity of the 
     facility).
       ``(vii) Facility owners.
       ``(viii) Potentially responsible parties.
       ``(6) Technical assistance grants.--The President may award 
     a technical assistance grant under subsection (i) to a 
     community advisory group.
       ``(7) Administrative support.--The President, to the extent 
     practicable, may provide administrative services and support 
     services to the community advisory group.
       ``(8) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to a community 
     advisory group, to a citizen advisory group (designated by 
     the President to serve the functions of a community advisory 
     group, or

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     to a Department of Defense restoration advisory board, 
     Department of Energy Site Specific advisory board, or an 
     ATSDR citizen advisory panel.
       ``(9) Other public involvement.--The existence of a 
     community advisory group shall not diminish any other 
     obligation of the President to consider the views of any 
     person in selecting response actions under this Act. Nothing 
     in this section affects the status of any community advisory 
     group formed before the date of enactment of this subsection. 
     Nothing in this section affects the status, decisions, or 
     future formation of any Department of Defense Restoration 
     Advisory Board, or Department of Energy Site Specific 
     Advisory Board, and no community advisory group need be 
     established for a facility if any such Board has been 
     established for the facility.
       ``(i) Technical Assistance Grants.--
       ``(1) Authority.--
       ``(A) In general.--The President may make technical 
     assistance grants available to members of an affected 
     community for a covered facility in accordance with this 
     subsection.
       ``(B) Accessibility of application process.--To ensure that 
     the application process for a technical assistance grant is 
     accessible to all affected citizen groups, the President 
     shall periodically review the process and the application 
     and, based on the review, implement appropriate changes to 
     improve access.
       ``(C) Notice of availability of grants.--The President 
     shall solicit the assistance of a waste site information 
     office in notifying the affected community (including an 
     Indian tribe) of the availability of a technical assistance 
     grant for a covered facility as soon as practicable after the 
     President has begun a response action at the covered 
     facility.
       ``(2) Special rules.--
       ``(A) No matching contribution.--No matching contribution 
     shall be required for a technical assistance grant.
       ``(B) Advance payments.--The President may disburse the 
     grant to a recipient in advance of the recipient's making 
     expenditures to be covered by the grant. In the event that 
     the President advances funds, funds shall be advanced in 
     amounts that do not exceed the greater of $5,000 or 10 
     percent of the grant amount.
       ``(3) Limit per facility.--
       ``(A) In general.--The Administrator may award not more 
     than 1 technical assistance grant at 1 time with respect to a 
     single covered facility.
       ``(B) Extension.--The Administrator may extend a project 
     period established in a grant to facilitate public 
     participation at all stages of a response action.
       ``(4) Funding amount.--
       ``(A) Limit.--Except as provided in subparagraph (B), the 
     amount of a technical assistance grant may not exceed $50,000 
     for a single grant recipient.
       ``(B) Waiver of limit.--The President may waive the limit 
     on the amount of a technical assistance grant under 
     subparagraph (A) if a waiver is necessary--
       ``(i) to carry out the purposes of this Act; or
       ``(ii) to reflect--

       ``(I) the complexity of the response action;
       ``(II) the nature and extent of contamination at the 
     facility;
       ``(III) the level of facility activity;
       ``(IV) projected total needs as requested by the grant 
     recipient;
       ``(V) the sizes and distances between the affected 
     communities; or
       ``(VI) the ability of the grant recipient to identify and 
     raise funds from other non-Federal sources.

       ``(5) Considerations.--In determining how to structure 
     payment of the amount of a technical assistance grant, 
     whether to extend a grant project period under subparagraph 
     (3)(B), or whether to grant a waiver under paragraph (4)(B), 
     the Administrator may consider factors such as the 
     geographical size of the facility and the distances between 
     affected communities.
       ``(6) Use of technical assistance grants.--
       ``(A) In general.--A technical assistance grant recipient 
     may use a grant--
       ``(i) to hire experts to assist the recipient in 
     interpreting information and presenting the recipient's views 
     with regard to a response action at the facility (including 
     any aspect of a response action identified in subsection 
     (h)(4)(A));
       ``(ii) to publish newsletters or otherwise disseminate 
     information to other members of the local community; or
       ``(iii) to provide funding for training for interested 
     affected citizens to enable the citizens to more effectively 
     participate in the response process.
       ``(B) Limitation on use for training.--A technical 
     assistance grant recipient may use not more than 10 percent 
     of the amount of a technical assistance grant, or $5,000, 
     whichever is less, for training under subparagraph (A)(iii).
       ``(7) Grant guidelines.--Not later than 180 days after the 
     date of enactment of this paragraph, the President shall 
     ensure that any guidelines concerning the management of 
     technical assistance grants by grant recipients conform with 
     this section.''.

     SEC. 104. WASTE SITE INFORMATION OFFICES.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 103) is amended by adding at the end the 
     following:
       ``(j) Waste Site Information Offices.--
       ``(1) Establishment.--
       ``(A) In general.--Subject to subparagraph (B), not later 
     than 18 months after the date of enactment of this 
     subsection, a State or Indian tribe with a facility on the 
     National Priorities List within the State or Indian tribe's 
     borders or reservation boundaries, respectively, may 
     establish a waste site information office to perform the 
     functions set forth in paragraph (3).
       ``(B) Existing offices.--A State or Indian tribe may 
     designate an office in existence before the date of enactment 
     of this subsection to perform the functions of a waste site 
     information office.
       ``(C) EPA role.--If the State or Indian tribe notifies the 
     Administrator that the State or Indian tribe does not intend 
     to establish a waste site information office, or if the 
     Administrator determines that the State or Indian tribe has 
     not established, within 18 months after the date of enactment 
     of this subsection, an office to perform the functions of a 
     waste site information office, the Administrator shall 
     establish an office within the Environmental Protection 
     Agency to perform the functions.
       ``(2) Funding.--
       ``(A) In general.--Funding for the operation of waste site 
     information offices, or State, Indian tribe, or Environmental 
     Protection Agency offices that perform similar functions, 
     collectively, shall not exceed $12,500,000 for a fiscal year.
       ``(B) State or tribal grants.--Each State or Indian tribe 
     that has a waste site information office, or each State, 
     Indian tribe, or Environmental Protection Agency office 
     performing the functions of a waste site information office, 
     shall receive not less than $100,000 for a fiscal year for 
     the performance of those functions.
       ``(C) Formula.--
       ``(i) In general.--The Administrator shall publish 
     guidelines establishing a formula for determining the amount 
     of funding for each waste site information office.
       ``(ii) Factors.--The formula shall include factors such as 
     the number of facilities listed on the National Priorities 
     List and the number of other covered facilities within the 
     State's borders or Indian tribe's reservation boundaries.
       ``(3) Functions.--
       ``(A) In general.--A waste site information office shall, 
     to the extent practicable--
       ``(i) assist the Administrator in--

       ``(I) informing the public regarding the existence of the 
     waste site information office and its services and making 
     available the information described in clause (ii); and
       ``(II) notifying the public of public meetings and other 
     opportunities to participate under this Act and the rights of 
     the public under this Act; and

       ``(ii) serve as a clearinghouse, and maintain records, as 
     appropriate, for waste site information, including--

       ``(I) information relating to the operation of Federal, 
     State, and tribal hazardous substance and waste laws with 
     respect to the State or Indian tribe;
       ``(II) information relating to each covered facility in the 
     State or tribal reservation, to the extent information 
     becomes available, including--

       ``(aa) the location, characteristics, and name of owner and 
     operator of the covered facility;
       ``(bb) the hazardous substances, pollutants, and 
     contaminants at the facility;
       ``(cc) the response actions being taken, including records 
     of any institutional controls that are included in the 
     response actions;
       ``(dd) use of institutional controls;
       ``(ee) any health studies generated in connection with the 
     covered facility;
       ``(ff) the status of the response actions at the covered 
     facility;
       ``(gg) the results of a review under section 121(c); and
       ``(hh) the locations of the administrative record created 
     for the facility, if any, under section 113(k);

       ``(III) a description of the Administrator's process for 
     identifying covered facilities and possible response actions 
     under this Act;
       ``(IV) on request, the hazard ranking score of any facility 
     for which a hazardous ranking score has been prepared and 
     that is within the waste site information office's area of 
     responsibility and the preliminary assessment or site 
     inspection for the facility; and
       ``(V) identification of resources, including--

       ``(aa) technical assistance grants under subsection (h);
       ``(bb) opportunities for forming a community advisory group 
     under subsection (g);
       ``(cc) opportunities to petition the Administrator of ATSDR 
     to perform a health assessment or other related health 
     activity under section 104(i)(6)(B); and
       ``(dd) additional technical resources, including 
     information about how to access national databases containing 
     toxicological, health, or other pertinent information.
       ``(B) Report.--
       ``(i) In general.--Each waste site information office shall 
     annually submit to the Administrator a report documenting how 
     the funds under paragraph (2) were used to carry out the 
     functions established by this subsection.
       ``(ii) Verification by inspector general.--The Inspector 
     General of the Environmental Protection Agency shall 
     periodically review the programs carried out under this 
     subsection.
       ``(iii) Termination of grant.--The Administrator shall 
     terminate the grant if--

       ``(I) the Administrator is unable to verify a 
     certification; or

[[Page S12298]]

       ``(II) the Administrator determines that the grant is not 
     being used in a manner that is consistent with the functions 
     under paragraph (3).''.

     SEC. 105. TECHNICAL OUTREACH SERVICES FOR COMMUNITIES.

       Section 311(d)(2) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9660(d)(2)) is amended--
        (1) by striking ``shall include, but not be limited to, 
     the conduct of research'' and inserting the following: 
     ``shall include--
       ``(A) the conduct of research'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) adding at the end the following:
       ``(B) the conduct of a program to provide to affected 
     communities educational and technical assistance to and 
     information regarding the effects or potential effects of the 
     contamination on human health and the environment.''.

     SEC. 106. RECRUITMENT AND TRAINING PROGRAM.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 104) is amended by adding at the end the 
     following:
       ``(k) Recruitment and Training Program.--
       ``(1) In general.--The Administrator, in consultation with 
     the National Institute of Environmental Health Science, shall 
     conduct a program to assist in the recruitment and training 
     of individuals in an affected community for employment in 
     response actions conducted at the facility concerned.
       ``(2) Recruitment, training, and employment.--The 
     Administrator shall encourage a person conducting a response 
     action under this Act to have contractors of the person train 
     in remediation skills and employ persons from the affected 
     community.''.

     SEC. 107. PRIORITY SITE EVALUATION.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 106) is amended by adding at the end the 
     following:
       ``(l) Priority Site Evaluation.--
       ``(1) Evaluation.--The Administrator shall solicit the 
     assistance of the waste site information office in 
     identifying 3 facilities in the area covered by each regional 
     office of the Administrator in major urban areas, or other 
     areas with minority populations and low-income populations 
     (such as within Indian country, Indian reservations, and poor 
     rural communities) that are likely to warrant inclusion on 
     the National Priorities List.
       ``(2) Priority.--Not later than 2 years after the date of 
     enactment of this subsection, a facility identified under 
     paragraph (1) shall be accorded a priority in evaluation for 
     listing on the National Priorities List and scoring and shall 
     be evaluated for listing on the National Priorities List.''.

     SEC. 108. UNDERSTANDABLE PRESENTATION OF MATERIALS.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 107) is amended by adding at the end the 
     following:
       ``(m) Presentation of Materials.--The President shall 
     ensure that information prepared for or distributed to the 
     public under this section shall be provided or summarized in 
     a manner that may be easily understood by the community, 
     considering any unique cultural needs of the community.''.

     SEC. 109. NO IMPEDIMENT TO RESPONSE ACTIONS.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as 
     amended by section 109) is amended by adding at the end the 
     following:
       ``(n) No Impediment to Response Actions.--Nothing in this 
     section shall impede or delay the ability of the 
     Environmental Protection Agency to conduct a response action 
     necessary to protect human health and the environment.''.
                          TITLE II--LIABILITY

      SEC. 201. LIABILITY EXEMPTIONS AND LIMITATIONS.

       (a) Liability Exemptions.--Section 107 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9607) is amended by adding at the end the 
     following:
       ``(o) Liability Exemptions.--
       ``(1) Contiguous properties.--
       ``(A) 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 a facility at 
     which there has been a release or threatened release of a 
     hazardous substance, that is or may be contaminated by the 
     release, shall not be considered to be an owner or operator 
     under paragraph (1) or (2) of subsection (a) solely by reason 
     of the contamination if--
       ``(i) the person did not cause, contribute, or consent to 
     the release or threatened release;
       ``(ii) the person is not associated with any other person 
     that is potentially liable for any response costs at the 
     facility at which there has been a release or threatened 
     release of a hazardous substance, through any familial 
     relationship, or any contractual, corporate, or financial 
     relationship;
       ``(iii) the person exercised appropriate care with respect 
     to hazardous substances from the facility, in light of all 
     relevant facts and circumstances;
       ``(iv) the person is in compliance with any land use or 
     activity restrictions on the property established or relied 
     on in connection with a response action at the facility, 
     including informing other persons that the person allows to 
     occupy or use the property of the restrictions and taking 
     prompt action to correct any noncompliance by such persons; 
     and
       ``(v) the person provides full cooperation, assistance, and 
     access to the persons that are authorized to conduct response 
     actions at the 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 facility.
       ``(B) Assurances.--The President may issue an assurance 
     that no enforcement action under this Act will be initiated 
     against a person described in paragraph (1).
       ``(2) De micromis exemption.--
       ``(A) Notwithstanding paragraphs (1) through (4) of 
     subsection (a), a person shall not be liable to the United 
     States or any other person (including liability for 
     contribution) under this Act for any response costs incurred 
     with respect to a facility if--
       ``(i) liability is based solely on paragraph (3) or (4) of 
     subsection (a);
       ``(ii) the total of materials containing a hazardous 
     substance that the person arranged for disposal or treatment 
     of, arranged with a transporter for transport for disposal or 
     treatment, of, or accepted for transport for disposal or 
     treatment, at the facility, was less than 110 gallons of 
     liquid materials or less than 200 pounds of solid materials 
     (or such other amount as the Administrator may determine on a 
     site-specific basis); and
       ``(iii) the acts upon which liability is based took place 
     wholly before July 1, 1997.
       ``(B) Exception.--Subparagraph (A) shall not apply in a 
     case in which the President determines that the material 
     containing hazardous substances referred to in subparagraph 
     (A) contributed significantly or could contribute 
     significantly, either individually or in the aggregate, to 
     the cost of the response action with respect to the facility.
       ``(3) Municipal solid waste exemption.--Notwithstanding 
     paragraphs (1) through (4) of subsection (a), a person shall 
     not be liable to the United States or any other person 
     (including liability for contribution) under this Act for any 
     response costs incurred with respect to a facility, to the 
     extent that--
       ``(A) liability is based on paragraph (3) or (4) of 
     subsection (a); and
       ``(B) the person is--
       ``(i) an owner, operator, or lessee of residential property 
     from which all of the person's municipal solid waste was 
     generated;
       ``(ii) a business entity that, during the taxable year 
     preceding the date of transmittal of written notification 
     that the business is a potentially responsible party, employs 
     not more than 100 individuals; or
       ``(iii) a small nonprofit organization from which all of 
     the person's municipal solid waste was generated.
       (b) Liability Limitations.--Section 107 of the 
     Comprehensive Environmental Response, Liability, and 
     Compensation Act of 1980 (42 U.S.C. 9607) (as amended by 
     subsection (a)) is amended by adding at the end the 
     following:
       ``(p) Liability Limitations.--
       ``(1) In general.--A municipality that is liable for 
     response costs under paragraph (1) or (2) of subsection (a) 
     on the basis of ownership or operation of a municipal 
     landfill that is listed on the National Priority List on or 
     before January 1, 1997, shall be eligible for a settlement of 
     that liability.
       ``(2) Settlement amount.--
       ``(A) In general.--The President shall offer a settlement 
     to a party with respect to liability described in paragraph 
     (1) on the basis of a payment or other obligation equivalent 
     in value to not more than 20 percent of the total response 
     costs in connection with the facility.
       ``(B) Increased amount.--The President may increase the 
     percentage under subparagraph (A) to not more than 35 percent 
     if the President determines that--
       ``(i) the municipality committed specific acts that 
     exacerbated environmental contamination or exposure with 
     respect to the facility; or
       ``(ii) the municipality, during the period of ownership or 
     operation of the facility, received operating revenues 
     substantially in excess of the sum of the waste system 
     operating costs plus 20 percent of total estimated response 
     costs in connection with the facility.
       ``(3) Performance of response actions.--As a condition of a 
     settlement with a municipality under this subsection, the 
     President may require that the municipality perform or 
     participate in the performance of the response actions at the 
     facility.
       ``(4) Ownership or operation by 2 or more municipalities.--
     A combination of 2 or more municipalities that jointly own or 
     operate a facility shall be considered to be a single owner 
     or operator for the purpose of calculating a settlement offer 
     under this subsection.
       ``(5) Conditions.--The limitation on settlement amount 
     under paragraph (2) shall not apply on or after the date that 
     is 2 years after the date of enactment of this subsection 
     unless the municipality institutes or participates in a 
     qualified household hazardous waste collection program before 
     the date that is 2 years after the date of enactment of this 
     subsection.

[[Page S12299]]

       ``(6) Exceptions.--The President may decline to offer a 
     settlement under this subsection with respect to a facility 
     if the President determines that--
       ``(A) there is no waste except municipal solid waste or 
     municipal sewage sludge at the facility; or
       ``(B) all known potentially responsible parties are 
     insolvent, defunct, or eligible for a settlement under this 
     subsection or section 122(g).''.
       (c) Costs and Fees.--Section 107 of the Comprehensive 
     Environmental Response, Liability, and Compensation Act of 
     1980 (42 U.S.C. 9607) (as amended by subsection (b)) is 
     amended by adding at the end the following:
       ``(q) Costs and Fees.--A person that commences an action 
     for recovery of response costs or for contribution against a 
     person that is not liable, or that has entered into an 
     expedited settlement under section 107(p) or 122(g), shall be 
     liable to the defendant for all reasonable costs of defending 
     the action, including all reasonable attorney's fees and 
     expert witness fees.''.

     SEC. 202. EXPEDITED FINAL SETTLEMENT.

       (a) Parties Eligible.--Section 122(g) of the Comprehensive 
     Environment Response, Liability, and Compensation Act of 1980 
     (42 U.S.C. 9622(g)) is amended--
       (1) by striking the subsection heading and inserting the 
     following:
       ``(g) Expedited Final Settlement.--'';
       (2) in paragraph (1)--
       (A) by redesignating subparagraph (B) as subparagraph (C);
       (B) by striking ``(1)'' and all that follows through 
     subparagraph (A) and inserting the following:
       ``(1) Parties eligible.--
       ``(A) In general.--The President shall, as expeditiously as 
     practicable, notify of eligibility for a settlement, and 
     offer to reach a final administrative or judicial settlement 
     with, each potentially responsible party that, in the 
     judgment of the President, meets 1 or more of the conditions 
     stated in subparagraphs (B), (C), (D), and (E).
       ``(B) De minimis contribution.--The condition stated in 
     this subparagraph is that the potentially responsible party's 
     liability is for response costs based on paragraph (3) or (4) 
     of subsection (a) and the party's contribution of hazardous 
     substances at a facility is de minimis. For the purposes of 
     this subparagraph, a potentially responsible party's 
     contribution shall be considered to be de minimis only if the 
     President determines that both of the following criteria are 
     met:
       ``(i) The amount of material containing a hazardous 
     substance contributed by the potentially responsible party to 
     the facility is minimal relative to the total amount of 
     material containing hazardous substances at the facility. The 
     amount of a potentially responsible party's contribution 
     shall be presumed to be minimal if the amount is 1 percent or 
     less of the total amount of materials containing hazardous 
     substances at the facility, unless the Administrator 
     identifies a different threshold based on site-specific 
     factors.
       ``(ii) The material containing a hazardous substance 
     contributed by the potentially responsible party does not 
     present toxic or other hazardous effects that are 
     significantly greater than the toxic or other hazardous 
     effects of other material containing hazardous substances at 
     the facility.'';
       (C) in subparagraph (C) (as redesignated by subparagraph 
     (A))--
       (i) by redesignating clauses (i) through (iii) as 
     subclauses (I) through (III), respectively, and adjusting the 
     margins appropriately;
       (ii) by striking ``(C) The potentially responsible party'' 
     and inserting the following:
       ``(C) Owners of real property.--
       ``(i) In general.--The condition stated in this 
     subparagraph is that the potentially responsible party''; and
       (iii) by striking ``This subparagraph (B)'' and inserting 
     the following:
       ``(ii) Applicability.--Clause (i)''; and
       (D) by adding at the end the following:
       ``(D) Contribution of municipal solid waste and municipal 
     sewage sludge.--
       ``(i) In general.--The condition stated in this 
     subparagraph is that the liability of the potentially 
     responsible party is for response costs based on paragraph 
     (3) or (4) of section 107(a) and on the potentially 
     responsible party's having arranged for disposal or treatment 
     of, arranged with a transporter for transport for disposal or 
     treatment of, or accepted for transport for disposal or 
     treatment of, municipal solid waste or municipal sewage 
     sludge at a facility listed on the National Priorities List.
       ``(ii) Settlement amount.--

       ``(I) In general.--The President shall offer a settlement 
     to a party referred to in clause (i) with respect to 
     liability under paragraph (3) or (4) of section 107(a) on the 
     basis of a payment of $3.05 per ton of municipal solid waste 
     or municipal sewage sludge that the President estimates is 
     attributable to the party.
       ``(II) Facility-specific adjustment.--The President may 
     adjust the $3.05 amount in subclause (I), on a facility-
     specific basis, to not more than $3.25 per ton, if the 
     President determines that any of the following factors is 
     present at a facility:

       ``(aa) A shallow aquifer underlies the facility.
       ``(bb) The facility is located in an area of high rainfall 
     or cold ambient air temperature.
       ``(cc) The ground water affected by the facility is 
     classified as drinking water.
       ``(dd) Low-permeability cover material (such as clay) is 
     unavailable at the facility.

       ``(III) Revision.--

       ``(aa) In general.--The President may revise the $3.05 and 
     $3.25 settlement amounts under subclauses (I) and (II) by 
     regulation.
       ``(bb) Basis.--A revised settlement amount under item (aa) 
     shall reflect the estimated per-ton cost of closure and post-
     closure activities at a representative facility containing 
     only municipal solid waste.
       ``(iii) Conditions.--The provisions for settlement 
     described in this subparagraph shall not apply with respect 
     to a facility where there is no waste except municipal solid 
     waste or municipal sewage sludge.
       ``(iv) Municipal sewage sludge containing certain 
     residue.--The President may decline to offer a settlement 
     under this subsection to a person that arranged for disposal 
     or treatment of, arranged with a transporter for transport 
     for disposal or treatment of, or accepted for transport for 
     disposal or treatment, municipal sewage sludge, if the 
     President determines that the municipal sewage sludge 
     contributed or could contribute significantly to the cost of 
     the response action at the facility.
       ``(v) Adjustment for inflation.--The Administrator may by 
     guidance periodically adjust the settlement amounts under 
     clause (ii) to reflect changes in the Consumer Price Index 
     (or other appropriate index, as determined by the 
     Administrator).
       ``(vi) Municipal owners and operators.--A municipality that 
     arranged for disposal or treatment of, arranged with a 
     transporter for transport for disposal or treatment of, or 
     accepted for transport for disposal or treatment, municipal 
     solid waste or municipal sewage sludge at a facility and is a 
     municipality that is also potentially liable under paragraph 
     (1) or (2) of section 107(a) at the facility shall be 
     eligible for settlement under this subparagraph and section 
     107(p). The settlement amount shall be equal to the 
     settlement amount under clause (ii) with respect to its 
     contribution of municipal solid waste or municipal sewage 
     sludge, plus the amount provided in section 107(p) as to the 
     liability of the municipality under paragraph (1) or (2) of 
     section 107(a).
       ``(E) Reduction in settlement amount based on limited 
     ability to pay.--
       ``(i) In general.--The condition stated in this 
     subparagraph is that the potentially responsible party--

       ``(I) is--

       ``(aa) a natural person;
       ``(bb) a small business; or
       ``(cc) a municipality; and

       ``(II) demonstrates to the President an inability or a 
     limited ability to pay response costs.

       ``(ii) Costs borne by the united states.--Where the United 
     States enters into a settlement under section 122 with a 
     party that agrees to perform work at the same facility that 
     is the subject of a settlement under clause (i), the United 
     States shall contribute the difference between--

       ``(I) the aggregate share that the Administrator 
     determines, on the basis of information presented, to be 
     specifically attributable to parties with a limited ability 
     to pay response costs; and
       ``(II) the share actually assumed by those parties in any 
     settlements with the United States under clause (i).

       ``(iii) Small businesses.--

       ``(I) Definition of small business.--In this subparagraph, 
     the term `small business' means a business entity that--

       ``(aa) together with its parents, subsidiaries, and other 
     affiliates, had an average of not more than 50 full-time 
     equivalent employees and an average of not more than 
     $3,000,000 in annual gross revenues, as reported to the 
     Internal Revenue Service, during the 3 years preceding the 
     date on which the business entity first received notice from 
     the President of its potential liability under this Act; and
       ``(bb) is not associated with any other person potentially 
     responsible for response costs at the facility through any 
     familial relationship, or any contractual, corporate, or 
     financial relationship other than that arising from an 
     arrangement for disposal or treatment, or for transport for 
     disposal or treatment of hazardous substances.
       ``(iv) Definition of affiliate.--In this subparagraph, the 
     term `affiliate' has the meaning given the term `small 
     business concern' in regulations promulgated by the Small 
     Business Administration in accordance with the Small Business 
     Act (15 U.S.C. 631 et seq.).
       ``(v) Other potentially responsible parties.--This 
     subparagraph does not affect the President's authority to 
     evaluate the ability to pay of a potentially responsible 
     party other than a natural person, small business, or 
     municipality, or to enter into a settlement with such other 
     party based on that party's ability to pay.
       ``(F) Basis of determination.--If the President determines 
     that a potentially responsible party is not eligible for 
     settlement under this subsection, the President shall state 
     the reasons for the determination in writing to any 
     potentially responsible party that requests a settlement 
     under this paragraph. A determination by the President under 
     this paragraph shall not be subject to judicial review.''.
       (b) Settlement Offers.--Section 122 of the Comprehensive 
     Environment Response, Liability, and Compensation Act of 1980 
     (42 U.S.C. 9622) is amended--
       (1) in subsection (g)--
       (A) by redesignating paragraph (6) as paragraph (10); and

[[Page S12300]]

       (B) by inserting after paragraph (5) the following:
       ``(6) Settlement offers.--
       ``(A) In general.--As soon as practicable after receipt of 
     sufficient information, the Administrator shall submit a 
     written settlement offer to each person that the 
     Administrator determines, based on information available to 
     the Administrator at the time at which the determination is 
     made, to be eligible for a settlement under paragraph (1).
       ``(B) Information.--At the time at which the Administrator 
     submits an offer under paragraph (1), the Administrator 
     shall, at the request of the recipient of the offer, make 
     available to the recipient any information available under 
     section 552 of title 5, United States Code, on which the 
     Administrator bases the settlement offer, and if the 
     settlement offer is based in whole or in part on information 
     not available under that section, so inform the recipient.
       ``(7) Litigation moratorium.--
       ``(A) In general.--No person eligible for an expedited 
     settlement under paragraph (1) shall be named as a defendant 
     in any action under this Act for recovery of response costs 
     (including an action for contribution) during the period 
     beginning on the date on which the person receives from the 
     President written notice of its potential liability and 
     notice that it is a party that may qualify for an expedited 
     settlement, and ending on the earlier of--
       ``(i) the date that is 90 days after the date on which the 
     President tenders a written settlement offer to the person; 
     or
       ``(ii) the date that is 1 year after the date specified in 
     subparagraph (A).
       ``(B) Tolling of period of limitation.--The period of 
     limitation under section 113(g) applicable to a claim against 
     a person described in subparagraph (A) for response costs or 
     contribution shall be tolled during the period described in 
     subparagraph (A).
       ``(C) Stay of litigation.--If, before the date of enactment 
     of this paragraph, a person described in subparagraph (A) has 
     been named as a defendant in an action for recovery of 
     response costs or contribution, the court shall, unless a 
     stay would result in manifest injustice, stay the action as 
     to that claim until the end of the period described in 
     subparagraph (A).
       ``(8) Notice of settlement.--After a settlement under this 
     subsection becomes final with any person with respect to a 
     facility, the President shall promptly notify potentially 
     responsible parties at the facility that have not resolved 
     their liability to the United States of the settlement.''; 
     and
       (2) by adding at the end the following:
       ``(n) Exceptions.--Subsection (g) and subsections (o) and 
     (p) of section 107 shall not apply in a case in which the 
     President determines that the person has failed to comply 
     with any request for information or administrative subpoena 
     issued by the President under this Act, or has impeded or is 
     impeding the performance of a response action with respect to 
     the facility.
       ``(o) Waiver of Claims.--The President may require, as a 
     condition of settlement under this subsection or section 
     107(p), that a potentially responsible party waive some or 
     all of the claims (including a claim for contribution under 
     section 113) that the party may have against other 
     potentially responsible parties for all response costs 
     incurred at the facility.
       ``(p) Relationship to Liability Under Other Law.--Nothing 
     in this section affects the obligation of any person to 
     comply with any other Federal, State, or local law (including 
     requirements under the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.).''.
       (c) Regulations.--The Administrator of the Environmental 
     Protection Agency has the authority, under section 115 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9615), to promulgate 
     additional regulations concerning the amendments made by this 
     section.
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