[Congressional Record (Bound Edition), Volume 147 (2001), Part 5]
[Senate]
[Page 6279]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 352. Mr. SMITH of New Hampshire (for himself, Mr. Reid, Mr. 
Chafee, and Mrs. Boxer) proposed an amendment to the bill S. 350, to 
amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to promote the cleanup and reuse of brownfields, 
to provide financial assistance for brownfields revitalization, to 
enhance State response programs, and for other purposes; as follows:

         Beginning on page 57, strike line 24 and all that follows 
     through page 58, line 3, and insert the following:
       ``(ii)(I) is contaminated by a controlled substance (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802));
       ``(II)(aa) is contaminated by petroleum or a petroleum 
     product excluded from the definition of `hazardous substance' 
     under section 101; and
       ``(bb) is a site determined by the Administrator or the 
     State, as appropriate, to be--

       ``(AA) of relatively low risk, as compared with other 
     petroleum-only sites in the State; and
       ``(BB) a site for which there is no viable responsible 
     party and which will be assessed, investigated, or cleaned up 
     by a person that is not potentially liable for cleaning up 
     the site; and

       ``(cc) is not subject to any order issued under section 
     9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); 
     or
       ``(III) is mine-scarred land.''.
       On page 65, between lines 11 and 12, insert the following:
       ``(4) Insurance.--A recipient of a grant or loan awarded 
     under subsection (b) or (c) that performs a characterization, 
     assessment, or remediation of a brownfield site may use a 
     portion of the grant or loan to purchase insurance for the 
     characterization, assessment, or remediation of that site.
       On page 67, line 16, before the period, insert the 
     following: ``, including threats in areas in which there is a 
     greater-than-normal incidence of diseases or conditions 
     (including cancer, asthma, or birth defects) that may be 
     associated with exposure to hazardous substances, pollutants, 
     or contaminants''.
       On page 68, between lines 16 and 17, insert the following:
       ``(J) The extent to which a grant would address or 
     facilitate the identification and reduction of threats to the 
     health or welfare of children, pregnant women, minority or 
     low-income communities, or other sensitive populations.
       On page 70, between lines 2 and 3, insert the following:
       ``(4) Report to congress.--Not later than 3 years after the 
     date of enactment of this section, the Inspector General of 
     the Environmental Protection Agency shall submit to Congress 
     a report that provides a description of the management of the 
     program (including a description of the allocation of funds 
     under this section).
       On page 71, strike lines 15 through 17 and insert the 
     following:
       ``(k) Effect on Federal Laws.--Nothing in this section 
     affects any liability or response authority under any Federal 
     law, including--
       ``(1) this Act (including the last sentence of section 
     101(14));
       ``(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.);
       ``(3) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       ``(4) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.); and
       ``(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
       ``(l) Funding.--
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000,000 for 
     each of fiscal years 2002 through 2006.
       ``(2) Use of certain funds.--Of the amount made available 
     under paragraph (1), $50,000,000, or, if the amount made 
     available is less than $200,000,000, 25 percent of the amount 
     made available, shall be used for site characterization, 
     assessment, and remediation of facilities described in 
     section 101(39)(D)(ii)(II).''.
       On page 93, line 4, before ``develop'', insert ``purchase 
     insurance or''.
       On page 94, line 11, strike ``and''.
       On page 94, line 14, strike the period at the end and 
     insert ``; and''.
       On page 94, between lines 14 and 15, insert the following:
       ``(iii) a mechanism by which--

       ``(I) a person that is or may be affected by a release or 
     threatened release of a hazardous substance, pollutant, or 
     contaminant at a brownfield site located in the community in 
     which the person works or resides may request the conduct of 
     a site assessment; and
       ``(II) an appropriate State official shall consider and 
     appropriately respond to a request under subclause (I).

       On page 97, line 7, after ``Administrator'', insert ``, 
     after consultation with the State,''.
       On page 97, line 18, after the period, insert the 
     following: ``Consultation with the State shall not limit the 
     ability of the Administrator to make this determination.''.

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