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<PRE>[DOCID: f:h324ih.txt]






107th CONGRESS
  1st Session
                                H. R. 324

 To amend the Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980 to promote brownfields redevelopment, to 
 reauthorize and reform the Superfund program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2001

 Mr. Boehlert introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Transportation and Infrastructure, and Ways and Means, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980 to promote brownfields redevelopment, to 
 reauthorize and reform the Superfund program, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Recycle America's 
Land Act of 2001''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Comprehensive Environmental Response, 
                            Compensation, and Liability Act of 1980.
Sec. 3. Effective date.
                  TITLE I--BROWNFIELDS REVITALIZATION

Sec. 101. Savings provision.
Sec. 102. Brownfields.
Sec. 103. Assistance for voluntary cleanup programs.
Sec. 104. Enforcement in cases of a release subject to a State response 
                            action.
Sec. 105. Additions to National Priorities List.
           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

Sec. 201. Improving citizen and community participation in 
                            decisionmaking.
Sec. 202. Additional information requirements.
Sec. 203. Technical assistance grants.
Sec. 204. Understandable presentation of materials.
Sec. 205. Public participation in removal actions.
Sec. 206. Community study.
Sec. 207. Definitions.
                        Subtitle B--Human Health

Sec. 221. Public health authorities.
Sec. 222. Indian health provisions.
Sec. 223. Hazard ranking system.
Sec. 224. Facility scoring.
                      TITLE III--LIABILITY REFORM

Sec. 301. Amendments to section 106.
Sec. 302. Innocent parties.
Sec. 303. Statutory construction.
Sec. 304. Livestock treatment.
Sec. 305. Liability relief for small businesses, municipal solid waste, 
                            sewage sludge, municipal owners and 
                            operators, and de micromis contributors.
Sec. 306. Amendments to section 113.
Sec. 307. Liability of response action contractors.
Sec. 308. Amendments to section 122.
Sec. 309. Clarification of liability for recycling transactions.
Sec. 310. Allocation.
                       TITLE IV--REMEDY SELECTION

Sec. 401. Remedy selection.
Sec. 402. Hazardous substance property use.
Sec. 403. Risk assessment standards.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Trust fund defined.
Sec. 502. Indian tribes.
Sec. 503. Grants for training and education of workers.
Sec. 504. State cost share.
Sec. 505. State and local reimbursement for response actions.
Sec. 506. State role at Federal facilities.
Sec. 507. Federal cost study.
Sec. 508. No preemption of State law claims.
Sec. 509. Purchase of American-made equipment, products, and 
                            technologies.
Sec. 510. Development of new technologies and methods.
     TITLE VI--EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND

Sec. 601. Expenditures from the Hazardous Substance Superfund.
Sec. 602. Authorization of appropriations from general revenues.
Sec. 603. Completion of National Priorities List.
                          TITLE VII--REVENUES

Sec. 701. Sense of Committee on Transportation and Infrastructure.

SEC. 2. AMENDMENTS TO COMPREHENSIVE ENVIRONMENTAL RESPONSE, 
              COMPENSATION, AND LIABILITY ACT OF 1980.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.).

SEC. 3. EFFECTIVE DATE.

    Except as otherwise specifically provided, this Act, and the 
amendments made by this Act, shall become effective on the date of 
enactment of this Act.

                  TITLE I--BROWNFIELDS REVITALIZATION

SEC. 101. SAVINGS PROVISION.

    Nothing in this title (including the amendments made by this title) 
may be construed to affect the President's authority to respond to a 
release or threatened release of a hazardous substance, pollutant, or 
contaminant under section 104 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980.

SEC. 102. BROWNFIELDS.

    Title I (42 U.S.C. 9601 et seq.) is amended by adding at the end 
the following:

``SEC. 127. BROWNFIELDS.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Administrative cost.--The term `administrative cost' 
        does not include the cost of--
                    ``(A) site inventories;
                    ``(B) investigation and identification of the 
                extent of contamination;
                    ``(C) design and performance of a response action; 
                or
                    ``(D) monitoring of natural resources.
            ``(2) Brownfield facility.--
                    ``(A) In general.--The term `brownfield facility' 
                means real property with respect to which expansion, 
                development, or redevelopment is complicated by the 
                presence or potential presence of a hazardous 
                substance.
                    ``(B) Excluded facilities.--The term `brownfield 
                facility' does not include--
                            ``(i) any portion of real property that is 
                        the subject of an ongoing removal or planned 
                        removal under section 104;
                            ``(ii) any portion of real property that is 
                        listed or has been proposed for listing on the 
                        National Priorities List;
                            ``(iii) any portion of real property with 
                        respect to which a cleanup is proceeding under 
                        a permit, an administrative order, or a 
                        judicial consent decree entered into by the 
                        United States or an authorized State under this 
                        Act, the Solid Waste Disposal Act (42 U.S.C. 
                        6901 et seq.), the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.), the Toxic 
                        Substances Control Act (15 U.S.C. 2601 et 
                        seq.), or the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            ``(iv) a facility that is owned or operated 
                        by a department, agency, or instrumentality of 
                        the United States, except a facility located on 
                        lands held in trust for an Indian tribe; or
                            ``(v) a portion of a facility for which 
                        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 
          
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              Leaking Underground Storage Tank Trust Fund 
                        established under section 9508 of the Internal 
                        Revenue Code of 1986.
            ``(3) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' 
                means--
                            ``(i) a State or a political subdivision of 
                        a State, including--
                                    ``(I) a general purpose unit of 
                                local government; and
                                    ``(II) a regional council or group 
                                of general purpose units of local 
                                government;
                            ``(ii) a redevelopment agency that is 
                        chartered or otherwise sanctioned by a State or 
                        other unit of government; and
                            ``(iii) an Indian tribe.
                    ``(B) Excluded entities.--The term `eligible 
                entity' does not include any entity that is not in full 
                compliance with the requirements of an administrative 
                order, judicial consent decree, or closure plan under a 
                permit which has been issued or entered into by the 
                United States or an authorized State under this Act, 
                the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.), the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.), or the Safe Drinking Water Act (42 
                U.S.C. 300f et seq.) with respect to the real property 
                or portion thereof which is the subject of the order, 
                judicial consent decree, or closure plan.
    ``(b) Brownfield Assessment Grant Program.--
            ``(1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible entities for 
        inventory and assessment of brownfield facilities.
            ``(2) Assistance for site assessment.--On approval of an 
        application made by an eligible entity, the President may make 
        grants to the eligible entity to be used for developing an 
        inventory and conducting an assessment (including an assessment 
        of public health implications) of 1 or more brownfield 
        facilities.
            ``(3) Applications.--
                    ``(A) In general.--Any eligible entity may submit 
                an application to the President, in such form as the 
                President may require, for a grant under this 
                subsection for 1 or more brownfield facilities.
                    ``(B) Application requirements.--An application for 
                a grant under this subsection shall include information 
                relevant to the ranking criteria established under 
                paragraph (4) for the facility or facilities for which 
                the grant is requested.
            ``(4) Ranking criteria.--The President shall establish a 
        system for ranking grant applications submitted under this 
        subsection that includes the following criteria:
                    ``(A) The demonstrated need for Federal assistance.
                    ``(B) The extent to which a grant will stimulate 
                the availability of other funds for environmental 
                remediation and subsequent redevelopment of the area in 
                which the brownfield facilities are located.
                    ``(C) The estimated extent to which a grant would 
                facilitate the identification of or facilitate a 
                reduction in health and environmental risks.
                    ``(D) 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.
                    ``(E) The extent to which the site assessment and 
                subsequent development involves the active 
                participation and support of the local community.
            ``(5) Maximum grant amount per facility.--A grant made to 
        an eligible entity under this subsection shall not exceed 
        $200,000 with respect to any brownfield facility covered by the 
        grant.
    ``(c) Brownfield Remediation Grant Program.--
            ``(1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible entities to 
        be used for capitalization of revolving loan funds for remedial 
        actions at brownfield facilities.
            ``(2) Assistance for site remediation.--Upon approval of an 
        application made by an eligible entity, the President may make 
        grants to the eligible entity to be used for establishing a 
        revolving loan fund. Any fund established using such grants 
        shall be used to make loans to a State, a site owner, or a site 
        developer for the purpose of carrying out remedial actions at 1 
        or more brownfield facilities.
            ``(3) Assistance for development of local government site 
        remediation programs.--A local government that receives a grant 
        under this subsection may use up to 10 percent of the amount of 
        the grant to develop and implement a brownfields site 
        remediation program, including monitoring of human health of 
        any populations exposed to hazardous substances from 
        brownfields facilities, and monitoring and enforcement of any 
        institutional controls required to prevent human exposure to 
        any hazardous substances from brownfields facilities.
            ``(4) Applications.--
                    ``(A) In general.--Any eligible entity may submit 
                an application to the President, in such form as the 
                President may require, for a grant under this 
                subsection.
                    ``(B) Application requirements.--An application 
                under this subsection shall include information 
                relevant to the ranking criteria established under 
                paragraph (5).
            ``(5) Ranking criteria.--The President shall establish a 
        system for ranking grant applications submitted under this 
        subsection that includes the following criteria:
                    ``(A) The adequacy of the financial controls and 
                resources of the eligible entity to administer a 
                revolving loan fund in accordance with this subsection.
                    ``(B) The ability of the eligible entity to monitor 
                the use of funds provided to loan recipients under this 
                subsection.
                    ``(C) The ability of the eligible entity to ensure 
                that a remedial action funded by the grant will be 
                conducted under the authority of a State cleanup 
                program that ensures that the remedial action is 
                protective of human health and the environment.
                    ``(D) The ability of the eligible entity to ensure 
                that any cleanup funded under this subsection will 
                comply with all laws that apply to the cleanup.
                    ``(E) The need of the eligible entity for financial 
                assistance to clean up brownfield sites that are the 
                subject of the application, taking into consideration 
                the financial resources available to the eligible 
                entity.
                    ``(F) The ability of the eligible entity to ensure 
                that the applicants repay the loans in a timely manner.
                    ``(G) The plans of the eligible entity for using 
 
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               the grant to stimulate economic development or creation 
                of recreational areas on completion of the cleanup.
                    ``(H) The plans of the eligible entity for using 
                the grant to stimulate the availability of other funds 
                for environmental remediation and subsequent 
                redevelopment of the area in which the brownfield 
                facilities are located.
                    ``(I) The plans of the eligible entity for using 
                the grant to facilitate a reduction of health and 
                environmental risks.
                    ``(J) The plans of the eligible entity for using 
                the grant for remediation and subsequent development 
                that involve the active participation and support of 
                the local community.
            ``(6) Maximum grant amount.--A grant made to an eligible 
        entity under this subsection may not exceed $1,000,000.
    ``(d) General Provisions.--
            ``(1) Prohibition.--No part of a grant under this section 
        may be used for the payment of penalties or fines. Except as 
        provided in subsection (c)(3), no part of such a grant may be 
        used for the payment of administrative costs.
            ``(2) Audits.--The President shall audit an appropriate 
        number of grants made under subsections (b) and (c) to ensure 
        that funds are used for the purposes described in this section.
            ``(3) Agreements.--
                    ``(A) Terms and conditions.--Each grant made under 
                this section shall be subject to an agreement that--
                            ``(i) requires the eligible entity to 
                        comply with all applicable Federal and State 
                        laws;
                            ``(ii) requires the eligible entity to use 
                        the grant exclusively for the purposes 
                        specified in subsection (b) or (c);
                            ``(iii) in the case of an application by a 
                        State under subsection (c), requires payment by 
                        the State of a matching share, of at least 50 
                        percent of the amount of the grant, from other 
                        sources of funding;
                            ``(iv) requires that grants under this 
                        section will not supplant State or local funds 
                        normally provided for the purposes specified in 
                        subsection (b) or (c); and
                            ``(v) contains such other terms and 
                        conditions as the President determines to be 
                        necessary to ensure proper administration of 
                        the grants.
                    ``(B) Limitation.--The President shall not place 
                terms or conditions on grants made under this section 
                other than the terms and conditions specified in 
                subparagraph (A).
            ``(4) Leveraging.--An eligible entity that receives a grant 
        under this section may use the funds for part of a project at a 
brownfield facility for which funding is received from other sources, 
including other Federal sources, but the grant shall be used only for 
the purposes described in subsection (b) or (c).
    ``(e) Approval.--
            ``(1) Initial grant.--Before the expiration of the fourth 
        quarter of the first fiscal year following the date of 
        enactment of this section, the President shall make grants 
        under this section to eligible entities and States that submit 
        applications, before the expiration of the second quarter of 
        such year, that the President determines have the highest 
        rankings under the ranking criteria established under 
        subsection (b)(4) or (c)(5).
            ``(2) Subsequent grants.--Beginning with the second fiscal 
        year following the date of enactment of this section, the 
        President shall make an annual evaluation of each application 
        received during the prior fiscal year and make grants under 
        this section to eligible entities and States that submit 
        applications during the prior year that the President 
        determines have the highest rankings under the ranking criteria 
        established under subsection (b)(4) or (c)(5).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary. 
Such funds shall remain available until expended.''.

SEC. 103. ASSISTANCE FOR VOLUNTARY CLEANUP PROGRAMS.

    Title I (42 U.S.C. 9601 et seq.) is further amended by adding at 
the end the following:

``SEC. 128. STATE VOLUNTARY CLEANUP PROGRAMS.

    ``(a) Assistance to States.--The Administrator may provide 
technical and other assistance to States to establish and expand State 
voluntary cleanup programs.
    ``(b) Eligible Purposes.--The purposes for which assistance may be 
provided under subsection (a) include the following:
            ``(1) Providing technical assistance for response actions.
            ``(2) Providing adequate opportunities for public 
        participation, including prior notice and opportunity for 
        comment in appropriate circumstances, in selecting response 
        actions.
            ``(3) Developing streamlined procedures to ensure 
        expeditious response actions.
            ``(4) Providing oversight and enforcement of response 
        actions.
            ``(5) Performing site inventories and assessments.
    ``(c) Prohibition on Conditions.--A State may request assistance 
under this section for 1 or more eligible purposes. The President may 
require that such assistance be used to carry out the eligible purposes 
for which the assistance is provided, but may not require as a 
condition of such assistance that the State take actions unrelated to 
such purposes.
    ``(d) Funding.--There is authorized to be appropriated for 
assistance to States under this section $25,000,000 for each of fiscal 
years 2000 through 2007. The amount of such assistance shall be 
distributed among each of the States that notifies the Administrator of 
the State's intent to establish a State voluntary cleanup program and 
each of the States with a State voluntary cleanup program.
    ``(e) Minimum Amount of Assistance.--Subject to appropriations, the 
minimum amount of assistance the Administrator may provide to a State 
voluntary cleanup program under this section for a fiscal year shall be 
$250,000.
    ``(f) Limitation on Assistance for Site Inventories.--A State that 
receives assistance under this section in a fiscal year shall not be 
eligible in assistance for site inventories and assessments under 
section 127(b) in such fiscal year.''.

SEC. 104. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE RESPONSE 
              ACTION.

    Title I (42 U.S.C. 9601 et seq.) is further amended by adding at 
the end the following:

``SEC. 129. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE 
              RESPONSE ACTION.

    ``(a) Enforcement.--Except as provided in subsection (b), in the 
case of a facility that is not listed or proposed for listing on the 
National Priorities List and at which there is a release or threatened 
release of a hazardous substance, neither the President nor any other 
person (other than a State) may use authority under this Act against 
any person who is conducting or has completed a response action in 
compliance with a State law that specifically governs response actions 
for the protection of public health and the environment--
            ``(1) to take an administrative or judicial enforcement 
        action under section 106;
            ``(2) to take a judicial enforcement action to recover 
        response costs under section 107 or 113; or
            ``(3) to bring a private civil action to recover response 
        costs under section 107 or 113;
regarding any release o
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r threatened release that is addressed by such 
response action.
    ``(b) Exceptions.--The President may bring an administrative 
enforcement action or a judicial enforcement action to recover response 
costs under this Act with respect to a facility described in subsection 
(a) if--
            ``(1) the State requests the President to take such action;
            ``(2) the President determines that response actions are 
        immediately required to prevent, limit, or mitigate an 
        emergency and the State will not take the necessary response 
        actions in a timely manner;
            ``(3) the Agency for Toxic Substances and Disease Registry 
        issues a public health advisory with respect to the facility; 
        or
            ``(4) the President determines that contamination has 
        migrated across a State line, resulting in the need for further 
        response action to protect human health or the environment and 
        the affected States will not take the necessary response 
        actions in a timely manner.
    ``(c) Report to Congress.--Not later than 30 days after the date of 
any enforcement action by the President against a person described in 
subsection (a), the President shall submit a report to Congress 
describing the factual and legal basis for such action, with specific 
reference to the facts demonstrating that action is permitted under 
subsection (b).''.

SEC. 105. ADDITIONS TO NATIONAL PRIORITIES LIST.

    (a) NPL Deferrals.--Section 105 (42 U.S.C. 9605) is amended by 
adding at the end the following:
    ``(h) NPL Deferrals.--
            ``(1) Deferrals to other federal authority.--The President 
        generally shall defer listing a facility on the National 
        Priorities List if long-term remedial action will be conducted 
        under other Federal authorities, including the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.), the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), 
        the Federal Insecticide, Fungicide, and Rodenticide Act (7 
        U.S.C. 136 et seq.), and the Atomic Energy Act of 1954 (42 
        U.S.C. 2011 et seq.).
            ``(2) Deferral to state response action.--The President 
        generally shall defer listing a facility on the National 
        Priorities List if remedial action that will provide long-term 
        protection of human health and the environment is underway at 
        that facility under a State response program.
            ``(3) Encouraging state voluntary cleanups.--At the request 
        of a State, the President shall defer final listing of a 
        facility on the National Priorities List if the State is 
        attempting to obtain an agreement from a person or persons to 
        perform a remedial action that will provide long-term 
        protection of human health and the environment at such facility 
        under a State response program. If, after the last day of the 
        1-year period beginning on the date that the President proposes 
        to list the facility on the National Priorities List, the 
        President finds that the State is not making reasonable 
        progress toward obtaining such an agreement, the President may 
        place the facility on the National Priorities List.''.
    (b) Cross Reference.--Section 105(a)(8)(B) (42 U.S.C. 
9605(a)(8)(B)) is amended by inserting after ``shall revise the list'' 
the following: ``, subject to subsection (h),''.

           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

SEC. 201. IMPROVING CITIZEN AND COMMUNITY PARTICIPATION IN 
              DECISIONMAKING.

    (a) Technical Amendments.--Section 117 (42 U.S.C. 9617) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Proposed Plan'' and inserting 
                ``Proposed plan'';
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively; and
                    (C) by striking ``under paragraph (1)'' and 
                inserting ``under subparagraph (A)'';
            (2) by redesignating subsection (a) as paragraph (4) and 
        moving the text of such paragraph 2 ems to the right;
            (3) in subsection (b) by striking ``Final Plan'' and 
        inserting ``Final plan'';
            (4) in subsection (c)--
                    (A) by striking ``Explanation of Differences'' and 
                inserting ``Explanation of differences''; and
                    (B) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), respectively; and
            (5) by redesignating subsections (b) and (c) as paragraphs 
        (6) and (7) and moving the text of such paragraphs 2 ems to the 
        right.
    (b) Participation in Decisionmaking.--
            (1) Improving citizen and community participation in 
        decisionmaking.--Section 117 (42 U.S.C. 9617) is further 
        amended by inserting after the section heading the following:
    ``(a) Improving Citizen and Community Participation in 
Decisionmaking.--
            ``(1) In general.--In order to provide an opportunity for 
        meaningful public participation at every significant phase of a 
        response action at a covered facility, the President shall take 
        the actions specified in this subsection. Public meetings 
        required under this subsection shall be designed to obtain 
        information from the community and to disseminate information 
        to the community concerning the President's activities at a 
        covered facility.
            ``(2) Preliminary assessment and site inspection.--
                    ``(A) Evaluation of concerns.--To the extent 
                practicable, before or during site inspection, the 
                President shall solicit and evaluate concerns, 
                interests, and information from affected Indian Tribes, 
                the affected community, local government officials, and 
                State and local health officials.
                    ``(B) Requirements for evaluation.--An evaluation 
                under subparagraph (A) shall include, as appropriate, 
                face-to-face community surveys to identify the location 
                of private drinking water wells, potential exposure 
                pathways, including historic and current or potential 
                use of water, and other environmental resources in the 
                community; a public meeting; written responses to 
                significant concerns; and other appropriate 
                participatory activities.
            ``(3) Remedial investigation and feasibility study.--
                    ``(A) Public meetings.--The President shall 
                provide, as appropriate, an opportunity for public 
                meetings and publish a notice of such meetings before 
                or during the remedial investigation and feasibility 
                study.
                    ``(B) Solicitation of views.--During the remedial 
                investigation and feasibility study, the President 
                shall solicit the views and preferences of affected 
                Indian tribes, the affected community, local government 
                officials, and State and local health officials on the 
                remediation and disposition of hazardous substances, 
                pollutants, or contaminants at the facility. Such views 
                and preferences shall be described in the remedial 
                investigation and feasibility study and considered in 
                the screening of remedial alternatives for the 
                facility.''.
            (2) Completion of work plan.--Section 117(a) (42 U.S.C. 
        9617(a)) is amended by inserting after paragraph (4) of such 
        section, as redesignated by subsection (a)(2) of this section, 
        the following:
            ``(5) Completion of work plan.--The President shall 
 
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       provide, as appropriate, an opportunity for public meetings and 
        publish a notice of such meetings before or during the 
        completion of the work plan for the remedial action.''.
    (c) Alternatives; Selecting Appropriate Activities; Providing 
Information.--Section 117(a) (42 U.S.C. 9617(a)) is amended by 
inserting after paragraph (7) of such section, as redesignated by 
subsection (a)(5) of this section, the following:
            ``(8) Alternatives.--Pursuant to paragraph (4), affected 
        Indian tribes, the affected community, local government 
        officials, and State and local health officials may propose 
        remedial alternatives to the President. The President shall 
        consider such alternatives in the same manner as the President 
        considers alternatives proposed by other parties.
            ``(9) Selecting appropriate activities.--In determining 
        which of the activities set forth in paragraph (2) may be 
        appropriate, the President may consult with affected Indian 
        tribes, the affected community, local government officials, and 
        State and local health officials.
            ``(10) Providing information.--
                    ``(A) In general.--The President shall provide 
                information to affected Indian tribes, the affected 
                community, local government officials, and State and 
                local health officials at every significant phase of 
                the response action at the covered facility.
                    ``(B) Notice.--The President, on a regular basis, 
                shall inform the entities specified in subparagraph (A) 
                of the progress and substance of technical meetings 
                between the lead agency and potentially responsible 
                parties regarding a covered facility and shall provide 
                notice to such entities concerning--
                            ``(i) the schedule for commencement of 
                        construction activities at the covered facility 
                        and the location and availability of 
                        construction plans;
                            ``(ii) the results of any review under 
                        section 121(c) and any modifications to the 
                        covered facility made as a result of the 
                        review; and
                            ``(iii) the execution of and any revisions 
                        to institutional controls being used as part of 
                        a remedial action.''.

SEC. 202. ADDITIONAL INFORMATION REQUIREMENTS.

    Section 117 (42 U.S.C. 9617) is amended by inserting after 
subsection (a), as amended by section 201 of this Act, the following:
    ``(b) Additional Information Requirements.--
            ``(1) Additional public involvement requirements.--
                    ``(A) Availability of records.--The President shall 
                make records relating to a response action at a covered 
                facility available to the public throughout all phases 
                of the response action. Such information shall be made 
                available to the public for inspection and copying 
                without the need to file a formal request, subject to 
                reasonable service charges as appropriate. This 
                paragraph shall not apply to a record that is exempt 
                from disclosure under section 552 of title 5, United 
                States Code.
                    ``(B) Requirements for public information.--The 
                President, in carrying out responsibilities under this 
                Act, shall ensure that the presentation of information 
                on risk is unbiased and informative and clearly 
                discloses any uncertainties and data gaps.
            ``(2) Disclosure of releases of hazardous substances at 
        superfund sites.--
                    ``(A) Information.--The President shall make the 
                following information available to the public as 
                provided in subparagraph (B) about releases of 
                hazardous substances, pollutants, and contaminants from 
                covered facilities at the following stages of a 
                response action:
                            ``(i) Removal actions.--A best estimate of 
                        the releases from the facility before the 
                        removal action is taken, during the period of 
                        the removal action, and that are expected after 
                        the removal action is completed.
                            ``(ii) Remedial investigation.--As part of 
                        the requirements for the remedial 
                        investigation, a summary and best estimate of 
                        the releases from the facility.
                            ``(iii) Feasibility study.--As part of the 
                        feasibility study, a summary and best estimate 
                        of the releases that are expected both during 
                        and at the conclusion of each remedial option 
                        that is considered.
                            ``(iv) Record of decision.--As part of the 
                        record of decision, a summary and best estimate 
                        of the releases that are expected both during 
                        and at the conclusion of implementation of the 
                        selected remedy.
                            ``(v) Construction completion.--After 
                        construction of the remedy is complete and 
                        during operation and maintenance, a periodic 
                        assessment of releases based on any monitoring 
                        required under section 121(g).
                    ``(B) Availability of information.--Information 
                provided under this paragraph shall be made available 
to the residents of the communities surrounding the covered facility, 
to police, fire, and emergency medical personnel in the surrounding 
communities, and to the general public. To improve access to such 
information by Federal, State, and local governments and researchers, 
such information may be provided to the general public through 
electronic or other means. Such information shall be expressed in 
common units and a common format.
                    ``(C) Source of information and methods of 
                collection.--Nothing in this paragraph shall require 
                the collection of any additional data beyond that 
                already collected as part of the response action. If 
                data are not readily available, the information 
                provided under this paragraph shall be based on best 
                estimates.''.

SEC. 203. TECHNICAL ASSISTANCE GRANTS.

    Section 117 (42 U.S.C. 9617) is further amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively; and
            (2) by striking subsection (d) (as so redesignated) and 
        inserting the following:
    ``(d) Technical Assistance Grants.--
            ``(1) Authority.--In accordance with rules to be 
        promulgated by the Administrator, the Administrator may make 
        grants for technical assistance available to any affected 
        community with respect to--
                    ``(A) a covered facility;
                    ``(B) a facility at which the Administrator is 
                undertaking a response action anticipated to exceed 1 
                year; or
                    ``(C) a facility at which the funding limit under 
                section 104 is anticipated to be reached.
            ``(2) Special rules.--
                    ``(A) Federal share.--No matching contribution 
                shall be required for a grant under this subsection.
                    ``(B) Advance payments.--The Administrator may make 
               
2000
 available to a recipient of a grant under this 
                subsection in advance of the expenditures to be covered 
                by the grant the lesser of $5,000 or 10 percent of the 
                total amount of the grant.
            ``(3) Grant availability.--The Administrator shall promptly 
        notify residents and Indian tribes living near a facility 
        eligible for grants under paragraph (1) that technical 
        assistance grants are available under this section.
            ``(4) Number of grants per facility.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, the Administrator may not make more 
                than 1 grant under this subsection with respect to a 
                single facility.
                    ``(B) Renewal of grants.--A grant made under this 
                subsection with respect to a facility may be renewed to 
                facilitate public participation at all stages of a 
                response action.
                    ``(C) Special rule.--In exceptional circumstances, 
                the Administrator may provide more than 1 grant under 
                this subsection with respect to a single facility, 
                after considering such factors as the area affected by 
                the facility and the distances between affected 
                communities.
            ``(5) Funding amount.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of a grant under this 
                subsection may not exceed $50,000 for a single grant 
                recipient.
                    ``(B) Additional funds.--The Administrator may 
                increase the amount of a grant under this subsection 
                if--
                            ``(i) the grant recipient demonstrates that 
                        the characteristics of a facility indicate that 
                        additional funds are necessary due to the 
                        complexity of the response action, including 
                        the size and complexity of the facility, or the 
                        nature or volume of site-related information; 
                        and
                            ``(ii) the Administrator finds that the 
                        grant recipient's management of a previous 
                        grant under this subsection, if any, was 
                        satisfactory, and the costs incurred under the 
                        grant were allowable and reasonable.
            ``(6) Simplification.--To ensure that the application 
        process is accessible to all affected citizens, the 
        Administrator shall review the existing guidelines and 
        application procedures for grants under this subsection and, 
        not later than 180 days after the date of enactment of this 
        paragraph, revise, as appropriate, such guidelines and 
        procedures to simplify the process of obtaining such grants.
            ``(7) Authorized grant activities.--
                    ``(A) Information and participation.--To facilitate 
                full participation by a grant recipient in response 
                activities at a facility, a grant made under this 
                subsection may be used to obtain technical assistance, 
                including the hiring of health and safety experts, in 
                interpreting information for, and disseminating 
                information to, members of the community, and in 
                providing information and recommendations to the 
                President, with regard to--
                            ``(i) the nature of the hazard at a 
                        facility, including information used to rank 
                        facilities according to the Hazard Ranking 
                        System;
                            ``(ii) sampling and monitoring plans;
                            ``(iii) the remedial investigation and 
                        feasibility study;
                            ``(iv) the record of decision;
                            ``(v) the selection, design, and 
                        construction of the remedial action;
                            ``(vi) operation and maintenance;
                            ``(vii) institutional controls;
                            ``(viii) removal activities at the 
                        facility; and
                            ``(ix) public health assessment or health 
                        studies.
                    ``(B) Additional activities.--In addition to the 
                activities specified in subparagraph (A), not more than 
                10 percent of the amount of a grant under this 
                subsection may be used for educational training, hiring 
                neutral professionals to facilitate deliberations and 
                consensus efforts, and hiring community liaisons to 
                potentially responsible parties and government agencies 
                to facilitate public participation at the facility.
                    ``(C) Availability of information.--Information 
                generated by the recipients of grants under this 
                subsection shall be made publicly available.
                    ``(D) Limitation.--Grants made under this 
                subsection may not be used for the purposes of 
                collecting field sampling data.
            ``(8) Non-site-specific grants.--In accordance with rules 
        to be promulgated by the Administrator, the Administrator may 
        make grants under this subsection to Indian tribes, nonprofit 
        organizations, and citizens groups to enhance their 
        participation, prior to final agency action, in rulemaking 
        processes carried out in accordance with this Act. Total 
        funding for all such grants shall not exceed $100,000.
            ``(9) Representative of the community.--The Administrator 
        shall publish guidance for determining whether a recipient of a 
        grant under this subsection is a legitimate representative of 
        the community affected by a facility.''.

SEC. 204. UNDERSTANDABLE PRESENTATION OF MATERIALS.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following:
    ``(e) Understandable Presentation of Materials.--The President 
shall ensure that information prepared for distribution to the public 
under this section will be provided or summarized in a manner that may 
be easily understood by the community, after considering any unique 
cultural needs of the community, including presentation of information 
orally and distribution of information in languages other than English, 
as appropriate.''.

SEC. 205. PUBLIC PARTICIPATION IN REMOVAL ACTIONS.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following:
    ``(f) Public Participation in Removal Actions.--In the case of a 
removal action taken in accordance with section 104, the President 
shall provide opportunities for meaningful public participation as 
follows:
            ``(1) Removal actions where on-site activities must begin 
        in less than 6 months.--In the case of a removal action where 
        on-site activities must begin in less than 6 months, the 
        President shall--
                    ``(A) publish a notice of availability of the 
                administrative record established under section 113(k) 
                in a local newspaper of general circulation within 60 
                days of any on-site removal activity;
                    ``(B) provide a public comment period, as 
                appropriate, of not less than 30 days from the date on 
                which the administrative record is made available for 
                public inspection; and
                    ``(C) prepare a written response to comments.
            ``(2) Removal actions where on-site activities will extend 
        beyond 120 days.--In the case of 
2000
a removal action where on-site 
        activities are expected to extend beyond 120 days, the 
        President shall--
                    ``(A) conduct interviews with any relevant 
                community advisory group, affected Indian tribes, the 
                affected community, local government officials, and 
                State and local health officials, as appropriate, to 
                solicit their concerns and information needs and to 
                determine the method and timing of involvement in the 
                response action by the affected community;
                    ``(B) prepare a formal community relations plan 
                based on the community interviews and other relevant 
                information, specifying the community relations 
                activities that the President expects to undertake 
                during the response; and
                    ``(C) establish at least 1 local information 
                repository at or near the location of the response 
                action.
        The information repository shall contain items made available 
        for public information and the administrative record. The 
        President shall inform the affected community of the 
        establishment of the information repository and provide a 
        notice of availability of the administrative record for public 
        review. All items in the repository shall be available for 
        public inspection and copying.
            ``(3) Removal actions where planning period will extend 
        beyond 6 months.--In the case of a removal action where the 
        planning period is expected to extend beyond 6 months, the 
        President shall--
                    ``(A) comply with the requirements of paragraph 
                (2);
                    ``(B) provide a notice of availability of and a 
                brief description of the removal engineering evaluation 
                and cost analysis in a local newspaper of general 
                circulation;
                    ``(C) provide a reasonable opportunity, not less 
                than 30 days, for submission of written and oral 
                comments after completion of the engineering evaluation 
                and cost analysis; and
                    ``(D) prepare a written response to significant 
                comments.''.

SEC. 206. COMMUNITY STUDY.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following:
    ``(g) Community Study.--
            ``(1) Report by the administrator.--Not later than 2 years 
        after the date of enactment of this Act, the Administrator 
        shall prepare and submit to Congress a community study. The 
        Administrator shall periodically update the study. The 
        Administrator shall ensure that copies of such studies are made 
        available to the public.
            ``(2) Contents of the report.--The Administrator's report 
        shall include an analysis of--
                    ``(A) the time between the discovery and listing of 
                a facility;
                    ``(B) the timing and nature of response actions;
                    ``(C) the degree to which public views are 
                reflected in response actions;
                    ``(D) future land use determinations and use of 
                institutional controls;
                    ``(E) the population, race, ethnicity, and income 
                characteristics of each community affected by a 
                facility listed or proposed for listing on the National 
                Priorities List; and
                    ``(F) the risk presented by each such facility.
            ``(3) Evaluation.--The Administrator shall evaluate the 
        information in the study to determine whether priority setting, 
        response actions, and public participation requirements were 
        conducted in a fair and equitable manner and identify program 
        areas that require improvements or modification.
            ``(4) Actions based on evaluation.--The Administrator shall 
        institute necessary improvements or modifications to address 
        any deficiencies identified by the study prepared under this 
        section.''.

SEC. 207. DEFINITIONS.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following:
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) Covered facility.--The term `covered facility' means 
        a facility that has been listed or proposed for listing on the 
        National Priorities List.
            ``(2) Affected community.--The term `affected community' 
        means any group of 2 or more individuals (including 
        representatives of Indian tribes) which may be affected by a 
        release or threatened release of a hazardous substance, 
        pollutant, or contaminant at a covered facility.''.

                        Subtitle B--Human Health

SEC. 221. PUBLIC HEALTH AUTHORITIES.

    (a) Disease Registry and Medical Care Providers.--Section 104(i)(1) 
(42 U.S.C. 9604(i)(1)) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
            ``(A) in cooperation with the States, for scientific 
        purposes and public health purposes, establish and maintain a 
        national registry of persons exposed to toxic substances;''; 
        and
            (2) by striking the last sentence and inserting the 
        following:
        ``In cases of public health emergencies, exposed persons shall 
        be eligible for referral to licensed or accredited health care 
        providers.''.
    (b) Substance Profiles.--Section 104(i)(3) (42 U.S.C. 9604(i)(3)) 
is amended--
            (1) by inserting ``(A)'' after ``(3)'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively; and
            (3) by striking ``Any toxicological profile or revision 
        thereof'' and all that follows through ``parties.'' and 
        inserting the following:
    ``(B) Any toxicological profile or revision thereof shall reflect 
the Administrator of ATSDR's assessment of all relevant toxicological 
testing which has been peer reviewed. The profiles prepared under this 
paragraph shall be for those substances highest on the list of 
priorities under paragraph (2) for which profiles have not previously 
been prepared or for substances not on the list but which have been 
found at facilities for which there has been a response action under 
this Act and which have been determined by ATSDR to be of health 
concern. Profiles required under this paragraph shall be revised and 
republished, as appropriate, based on scientific development and shall 
be provided to the States, including State health departments, tribal 
health officials, and local health departments, and made available to 
other interested parties.''.
    (c) Determining Health Effects.--Section 104(i)(5)(A) (42 U.S.C. 
9604(i)(5)(A)) is amended--
            (1) by striking ``designed to determine the health effects 
        (and techniques for development of methods to determine such 
        health effects) of such substance.'' and inserting ``conducted 
        directly or by means such as cooperative agreements and grants 
        with appropriate public and nonprofit institutions. The 
        research shall be designed to determine the health effects of 
        the substance and techniques for development of methods to 
        determine such health effects.'';
            (2) by redesignating clause (iv) as clause (v);
            (3) by striking ``and'' at the end of clause (iii); and
            (4) by inserting after clause (iii) the following:
            ``(iv) laboratory and other studies to develop innovative 
        techniques for predicting organ-specific, site-specific, and 
system-specific acute and chronic toxicity; and''.
    (d) Public Health at NPL Facilities.--
            (1) Preliminary public health assessments.--Section 
  
2000
      104(i)(6) (42 U.S.C. 9604(i)(6)) is amended by striking 
        ``(6)(A)'' and all that follows through the period at the end 
        of subparagraph (A) and inserting the following:
    ``(6)(A)(i) The Administrator of ATSDR shall perform a preliminary 
public health assessment or health consultation for each facility on 
the National Priorities List, including those facilities owned by any 
department, agency, or instrumentality of the United States, and those 
sites that are the subject of a petition under subparagraph (B). The 
preliminary public health assessment or health consultation shall be 
commenced as soon as practicable after each facility is proposed for 
inclusion on the National Priorities List or the Administrator of ATSDR 
accepts a petition for a public health assessment. If the Administrator 
of ATSDR, in consultation with local public health officials, 
determines that the results of a preliminary public health assessment 
or health consultation indicate the need for a public health 
assessment, the Administrator of the ATSDR shall conduct the public 
health assessment of those sites posing a health hazard. The results of 
the public health assessment should be considered in selecting the 
remedial action for the facility.
    ``(ii) The Administrator of ATSDR, in cooperation with States, 
shall design public health assessments that take into account the needs 
and conditions of the affected community.
    ``(iii) The Administrator of EPA shall place highest priority on 
facilities with releases of hazardous substances which result in actual 
ongoing human exposures at levels of public health concern or adverse 
health effects as identified in a public health assessment conducted by 
the Administrator of ATSDR or are reasonably anticipated based on 
currently known facts.''.
            (2) Strategies for obtaining data; community involvement.--
        Section 104(i)(6)(D) (42 U.S.C. 9604(i)(6)(D)) is amended--
                    (A) by inserting ``(i)'' after ``(D)''; and
                    (B) by adding at the end the following:
    ``(ii) The President and the Administrator of ATSDR shall develop 
strategies to obtain relevant on-site and off-site characterization 
data for use in the public health assessment. The President shall, to 
the maximum extent practicable, provide the Administrator of ATSDR with 
the data and information necessary to make public health assessments 
sufficiently prior to the choice of remedial actions to allow the 
Administrator of ATSDR to complete these assessments.
    ``(iii) Where appropriate, the Administrator of ATSDR shall provide 
to the President as soon as practicable after site discovery, 
recommendations for sampling environmental media for hazardous 
substances of public health concern. To the extent feasible, the 
President shall incorporate such recommendations into the President's 
site investigation activities.
    ``(iv) In order to improve community involvement in public health 
assessments, the Administrator of ATSDR shall carry out each of the 
following duties:
            ``(I) Collect from community advisory groups, from State 
        and local public health authorities, and from other sources in 
        communities affected or potentially affected by releases of 
        hazardous substances data regarding exposure, relevant human 
        activities, and other factors.
            ``(II) Design public health assessments that take into 
        account the needs and conditions of the affected community. 
        Community-based research models, local expertise, and local 
        health resources should be used in designing the public health 
        assessment. In developing such designs, emphasis shall be 
        placed on collection of actual exposure data, and sources of 
        multiple exposure shall be considered.''.
            (3) Conforming amendments.--Section 104(i) (42 U.S.C. 
        9604(i)) is amended by inserting ``public'' before ``health 
        assessment'' each place it appears and before ``health 
        assessments'' each place it appears.
    (e) Health Studies.--Section 104(i)(7) (42 U.S.C. 9604(i)(7)) is 
amended by striking ``(7)(A)'' and all that follows through the period 
at the end of subparagraph (A) and inserting the following:
    ``(7)(A) Whenever in the judgment of the Administrator of ATSDR it 
is appropriate on the basis of the results of a public health 
assessment or on the basis of other appropriate information, the 
Administrator of ATSDR shall conduct a human health study of exposure 
or other health effects for selected groups or individuals in order to 
determine the desirability of conducting full scale epidemiologic or 
other health studies of the entire exposed population.''.
    (f) Distribution of Materials to Health Professionals and Medical 
Centers.--Section 104(i)(14) (42 U.S.C. 9604(i)(14)) is amended to read 
as follows:
            ``(14) Educational materials.--In implementing this 
        subsection and other health-related provisions of this Act the 
        Administrator of ATSDR, in cooperation with the States, shall--
                    ``(A) assemble, develop as necessary, and 
                distribute to the State and local health officials, 
                tribes, medical colleges, physicians, nursing 
                institutions, nurses, and other health professionals 
                and medical centers appropriate educational materials 
                (including short courses) on the medical surveillance, 
                screening, and methods of prevention, diagnosis, and 
                treatment of injury or disease related to exposure to 
                hazardous substances (giving priority to those listed 
                under paragraph (2)) through means the Administrator of 
                ATSDR considers appropriate; and
                    ``(B) assemble, develop as necessary, and 
                distribute to the general public and to at-risk 
                populations appropriate educational materials and other 
                information on human health effects of hazardous 
                substances.''.
    (g) Grants, Contracts, and Community Assistance Activities.--
Section 104(i)(15) (42 U.S.C. 9604(i)(15)) is amended--
            (1) by striking ``(15)'' and inserting the following:
            ``(15) Grants, contracts, and community assistance.--(A)'';
            (2) in the first sentence by striking ``cooperative 
        agreements with States (or political subdivisions thereof)'' 
        and inserting ``grants, cooperative agreements, or contracts 
        with States (or political subdivisions thereof), other 
        appropriate public authorities, public or private institutions, 
        colleges, universities, and professional associations'';
            (3) by aligning the text of subparagraph (A) (as designated 
        by paragraph (1) of this subsection) accordingly; and
            (4) by adding at the end the following:
            ``(B) When a public health assessment is conducted at a 
        facility on the National Priorities List, or a facility is 
        being evaluated for inclusion on the National Priorities List, 
        the Administrator of ATSDR may provide the assistance specified 
        in this paragraph to public or private nonprofit entities, 
        individuals, and community-based groups that may be affected by 
        the release or threatened release of hazardous substances in 
        the environment.
            ``(C) The Administrator of ATSDR, pursuant to the grants, 
        cooperative agreements, and contracts referred to in this 
        paragraph, is authorized and directed to provide, where 
        appropriate, diagnostic services, health data registries and 
        preventative public health education to communities affected by 
        the release of hazardous substances.''.
    (h) Peer Review Committee.--Section 104(i) (42 U.S.C. 9604(i)) is 
amended by adding at the end the following:
            ``(19) Peer review committee.--The Administrator of ATSDR 
        shall establish an exte
2000
rnal peer review committee of qualified 
        health scientists who serve for fixed periods and meet 
        periodically to--
                    ``(A) provide guidance on initiation of studies;
                    ``(B) assess the quality of study reports funded by 
                the agency; and
                    ``(C) provide guidance on effective and objective 
                risk characterization and communication.
        The peer review committee may include additional specific 
        experts representing a balanced group of stakeholders on an ad 
        hoc basis for specific issues. Meetings of the committee should 
        be open to the public.''.
    (i) Conforming Amendments.--Section 104(i) is further amended--
            (1) in paragraph (16) by inserting ``Personnel.--'' after 
        ``(16)'';
            (2) in paragraph (17) by inserting ``Authorities.--'' after 
        ``(17)'';
            (3) in paragraph (18) by inserting ``Pollutants and 
        contaminants.--'' after ``(18)''; and
            (4) by moving paragraphs (16), (17), and (18) 2 ems to the 
        right.

SEC. 222. INDIAN HEALTH PROVISIONS.

    Section 104(i) (42 U.S.C. 9604(i)) is further amended--
            (1) in paragraph (1) by inserting ``the Director of the 
        Indian Health Service,'' after ``the Secretary of 
        Transportation,'';
            (2) in paragraph (5)(A) by inserting ``and the Director of 
        the Indian Health Service'' after ``EPA'';
            (3) in paragraph (6)(C) by inserting ``where low population 
        density is not used as an excluding risk factor'' after 
        ``health appears highest'';
            (4) by adding at the end of paragraph (6)(E) the following: 
        ``If the Administrator of ATSDR or the Administrator of EPA 
        does not act on the recommendations of the State, the 
        Administrator of ATSDR or EPA must respond in writing to the 
        State or tribe as to why the Administrator of ATSDR or EPA has 
        not acted on the recommendations.'';
            (5) in paragraph (6)(F)--
                    (A) by striking ``and'' after ``emissions,''; and
                    (B) by inserting ``, and any other pathways 
                resulting from subsistence activities'' after ``food 
                chain contamination''; and
            (6) by striking the period at the end of paragraph (6)(G) 
        and inserting the following: ``, and may give special 
        consideration, where appropriate, to any practices of the 
        affected community that may result in increased exposure to 
        hazardous substances, pollutants, or contaminants, such as 
        subsistence hunting, fishing, and gathering.''.

SEC. 223. HAZARD RANKING SYSTEM.

    Section 105(c) (42 U.S.C. 9605(c)) is amended by adding at the end 
the following:
            ``(5) Risk prioritization.--In setting priorities under 
        subsection (a)(8), the President shall place highest priority 
        on facilities with releases of hazardous substances which 
        result in actual ongoing human exposures at levels of public 
        health concern or demonstrated adverse health effects as 
        identified in a public health assessment conducted by the 
        Agency for Toxic Substances and Disease Registry or are 
        reasonably anticipated based on currently known facts.
            ``(6) Prior response action.--Any evaluation under this 
        section shall take into account all prior response actions 
        taken at a facility.''.

SEC. 224. FACILITY SCORING.

    Section 105 (42 U.S.C. 9605) is amended by adding at the end the 
following:
    ``(i) Facility Scoring.--The Administrator shall evaluate areas, 
such as Indian reservations or poor rural or urban communities, that 
warrant special attention and identify up to 5 facilities in each 
region of the Environmental Protection Agency that are likely to 
warrant inclusion on the National Priorities List. These facilities 
shall be accorded a priority in evaluation for National Priorities List 
listing and scoring and shall be evaluated for listing within 2 years 
after the date of enactment of this subsection.''.

                      TITLE III--LIABILITY REFORM

SEC. 301. AMENDMENTS TO SECTION 106.

    (a) Sufficient Cause.--Section 106(b)(1) (42 U.S.C. 9606(b)(1)) is 
amended--
            (1) by inserting ``(A)'' after ``(b)(1)'';
            (2) by striking ``to enforce such order'';
            (3) by inserting before the period ``or be required to 
        comply with such order, or both, even if another person has 
        complied, or is complying, with the terms of the same order or 
        another order pertaining to the same facility and release or 
        threatened release''; and
            (4) by adding at the end the following:
    ``(B) For purposes of this subsection and section 107(c)(3), a 
`sufficient cause' includes an objectively reasonable belief by the 
person to whom the order is issued that--
            ``(i) the person is not liable for any response costs under 
        section 107; or
            ``(ii) that the action to be performed pursuant to the 
        order is inconsistent with the national contingency plan.''.
    (b) Limitation on Liable Parties.--Section 106 is amended by adding 
at the end the following:
    ``(d) Limitation on Liable Parties.--No Federal agency or 
department with authority to use the imminent hazard, enforcement, and 
emergency response authorities under this section may use such 
authorities with respect to a release or threatened release for which 
the agency or department is a responsible party under section 107.''

SEC. 302. INNOCENT PARTIES.

    (a) Liability Relief for Innocent Parties.--Section 107(b) (42 
U.S.C. 9607(b)) is amended to read as follows:
    ``(b) Defenses to Liability.--
            ``(1) In general.--There shall be no liability under 
        subsection (a) for a person otherwise liable who can establish 
        by a preponderance of the evidence that the release or threat 
        of release of a hazardous substance and the damages resulting 
        therefrom were caused solely by--
                    ``(A) an act of God;
                    ``(B) an act of war;
                    ``(C) an act or omission of a third party other 
                than an employee or agent of the defendant, or other 
                than one whose act or omission occurs in connection 
                with a contractual relationship, existing directly or 
                indirectly, with the defendant (except where the sole 
                contractual arrangement arises exclusively from a 
                contract for carriage by a common carrier by rail), if 
                the defendant establishes by a preponderance of the 
                evidence that (i) the defendant exercised due care with 
                respect to the hazardous substance concerned, taking 
                into consideration the characteristics of such 
                hazardous substance, in light of all relevant facts, 
                circumstances, and generally accepted good commercial 
                and customary standards and practices at the time of 
                the defendant's acts or omissions, and (ii) the 
                defendant took precautions against foreseeable acts or 
                omissions of any such third party and the consequences 
                that could foreseeably result from such acts or 
                omissions; or
                    ``(D) any combination of acts or omissions 
                described in subparagraphs (A), (B), and (C).
            ``(2) Liability relief for innocent parties.--
                    ``(A) Owners or operators.--
                            ``(i) In general.--There shall be no 
                        liability under subsection (a) for a person 
                        whose liability is based solely on the person's 
                        status as an owner or operator of a facility or 
                        vessel and who can establish by a preponderance 
                  
2000
      of the evidence that--
                                    ``(I) the person acquired the 
                                facility or vessel after the disposal 
                                or placement of the hazardous 
                                substances for which liability is 
                                alleged under subsection (a);
                                    ``(II) the person did not, by any 
                                act or omission, cause or contribute to 
                                the release or threatened release of 
                                such hazardous substances; and
                                    ``(III) the person exercised 
                                appropriate care with respect to such 
                                hazardous substances.
                            ``(ii) Special rule for property acquired 
                        after date of enactment of cercla.--In addition 
                        to the requirements of clause (i), a person who 
                        acquired ownership of a facility or vessel 
                        after December 11, 1980, must establish by a 
                        preponderance of the evidence that the person, 
                        prior to such acquisition, made all appropriate 
                        inquiry into the previous ownership and uses of 
                        the facility or vessel in accordance with the 
                        generally accepted commercial and customary 
                        standards and practices of the time of 
                        acquisition.
                            ``(iii) Special rule for property acquired 
                        before march 25, 1999.--In addition to the 
                        requirements of clauses (i) and (ii), a person 
                        who acquired a facility or vessel before March 
                        25, 1999, must establish by a preponderance of 
                        the evidence that, at the time the person 
                        acquired the facility or vessel, the person did 
                        not know and had no reason to know that any 
                        hazardous substance which is the subject of a 
                        release or threatened release was disposed of 
                        on, in, or at the facility or vessel. This 
                        clause shall not apply to any person who 
                        expanded, developed, or redeveloped a 
                        commercial or industrial facility, 
                        notwithstanding the presence or potential 
                        presence of hazardous substances, under a 
                        Federal, State, or local program for the 
                        redevelopment of property that is or may be 
                        contaminated by hazardous substances.
                    ``(B) Recipients of property by inheritance or 
                bequest.--There shall be no liability under subsection 
                (a) for a person whose liability is based solely on the 
person's status as an owner or operator of a facility or vessel and who 
can establish by a preponderance of the evidence that the person meets 
the requirements of subparagraph (A)(i) and that the person acquired 
the property by inheritance or bequest.
                    ``(C) Recipients of property by charitable 
                donation.--Liability under subsection (a) shall be 
                limited to the lesser of the fair market value of the 
                facility or vessel and the actual proceeds of the sale 
                of the facility for a person whose liability is based 
                solely on the person's status as an owner or operator 
                of the facility or vessel and who can establish by a 
                preponderance of the evidence that the person meets the 
                requirements of subparagraph (A)(i) and that the person 
                holding title, either outright or in trust, to the 
                vessel or facility is an organization described in 
                section 501(c)(3) of the Internal Revenue Code of 1986 
                and exempt from tax under section 501(a) of such Code 
                and holds such title as a result of a charitable 
                donation that qualifies under section 170, 2055, or 
                2522 of such Code.
                    ``(D) Governmental entities.--There shall be no 
                liability under subsection (a) for a person that is a 
                governmental entity, that meets the requirements of 
                subparagraph (A)(i), and that acquired a facility or 
                vessel by escheat or through any other involuntary 
                transfer or by acquisition through the exercise of 
                eminent domain authority if the person's liability is 
                based solely on--
                            ``(i) the person's status as an owner or 
                        operator of the facility or vessel; or
                            ``(ii) the granting of a license or permit 
                        to conduct business.
                    ``(E) Owners and operators of sewage treatment 
                works.--There shall be no liability under subsection 
                (a) for a person who is an owner or operator of a 
                treatment works (as defined in section 212(2) of the 
                Federal Water Pollution Control Act) that is publicly 
                or federally owned or that, without regard to 
                ownership, would be considered a publicly owned 
                treatment works and is principally treating municipal 
                waste water or domestic sewage and who can establish by 
                a preponderance of the evidence that--
                            ``(i) the treatment works, at the time of 
                        the release or threatened release, was subject 
                        to and in compliance with substantive 
                        requirements for pretreatment under section 307 
                        of the Federal Water Pollution Control Act 
                        applicable to the hazardous substances, 
                        pollutants, and contaminants that are the 
                        subject of the response action; and
                            ``(ii) the release or threatened release 
                        was not caused by a failure to properly operate 
                        and maintain the treatment works or by conduct 
                        that constitutes gross negligence or 
                        intentional misconduct.
                    ``(F) Owners or operators of rights-of-way.--There 
                shall be no liability under subsection (a) for a person 
                whose liability is based solely on ownership or 
                operation of a road, street, or other right-of-way or 
                public transportation route (other than railroad 
                rights-of-way and railroad property) over which 
                hazardous substances are transported if such person can 
                establish by a preponderance of the evidence that the 
                person did not, by any act or omission, cause or 
                contribute to the release or threatened release.
                    ``(G) Railroad owners or operators of spur track.--
                There shall be no liability under subsection (a) for a 
                person whose liability is based solely on the status of 
                the person as a railroad owner or railroad 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 the railroad owner or operator can 
                establish by a preponderance of the evidence that--
                            ``(i) the spur track provides access to
2000
 a 
                        main line or branch line track that is owned or 
                        operated by the railroad owner or operator;
                            ``(ii) the spur track is 10 miles long or 
                        less; and
                            ``(iii) the railroad owner or operator did 
                        not cause or contribute to a release or 
                        threatened release of the hazardous substances 
                        for which liability is alleged under subsection 
                        (a).
                    ``(H) Construction contractors.--There shall be no 
                liability under subsection (a) for a person who is a 
                construction contractor (other than a response action 
                contractor covered by section 119) if such person can 
                establish by a preponderance of the evidence that--
                            ``(i) the person's liability is based 
                        solely on construction activities that were 
                        specifically directed by and carried out in 
                        accordance with a contract with an owner or 
                        operator of the facility;
                            ``(ii) the person did not know or have 
                        reason to know of the presence of hazardous 
                        substances at the facility concerned before 
                        beginning construction activities; and
                            ``(iii) the person exercised appropriate 
                        care with respect to the hazardous substances 
                        discovered in the course of performing the 
                        construction activity, including precautions 
                        against foreseeable acts of third parties, 
                        taking into consideration the characteristics 
                        of such hazardous substances, in light of all 
                        relevant facts, circumstances, and generally 
                        accepted good commercial and customary 
standards and practices at the time of the person's acts or omissions.
            ``(3) Appropriate care.--
                    ``(A) Site-specific basis.--The determination 
                whether or not a person has exercised appropriate care 
                with respect to hazardous substances within the meaning 
                of paragraph (2)(A)(i)(III) shall be made on a site-
                specific basis taking into consideration the 
                characteristics of the hazardous substances, in light 
                of all relevant facts, circumstances, and generally 
                accepted good commercial and customary standards and 
                practices at the time of the defendant's acts or 
                omissions.
                    ``(B) Safe harbor.--A person shall be deemed to 
                have exercised appropriate care within the meaning of 
                paragraph (2)(A)(i)(III) if--
                            ``(i) the person took reasonable steps to 
                        stop any continuing release, prevent any 
                        threatened future release, and prevent or limit 
                        human or natural resource exposure to any 
                        previously released hazardous substance, or
                            ``(ii) in any case in which the release or 
                        threatened release of hazardous substances is 
                        the subject of a response action by persons 
                        authorized to conduct the response action at 
                        the facility or vessel, the person provides 
                        access for and all reasonable cooperation with 
                        the response action.
            ``(4) All appropriate inquiry.--
                    ``(A) Site-specific basis.--The determination 
                whether or not a person has made all appropriate 
                inquiry into the previous ownership and uses of a 
                facility or vessel within the meaning of paragraph 
                (2)(A)(ii) shall be made on a site-specific basis 
                taking into account any specialized knowledge or 
                experience on the part of the person, the relationship 
                of the purchase price to the value of the property if 
                contaminated, commonly known or reasonably 
                ascertainable information about the property, the 
                obviousness of the presence or likely presence of 
                contamination at the property, and the ability to 
                detect such contamination by appropriate inspection.
                    ``(B) ASTM safe harbor.--A person who has acquired 
                real property shall be deemed to have made all 
                appropriate inquiry within the meaning of paragraph 
                (2)(A)(ii) if the person--
                            ``(i) establishes that an environmental 
                        assessment has been conducted in accordance 
                        with the standards set forth in the American 
                        Society for Testing and Materials Standards 
                        E1527-94, entitled `Standard Practice for 
                        Environmental Site Assessments: Phase I 
                        Environmental Site Assessment Process' or with 
                        alternative standards issued by rule by the 
                        Administrator or promulgated or developed by 
                        others and designated by rule by the 
                        Administrator; and
                            ``(ii) maintains a compilation of the 
                        information reviewed and gathered in the course 
                        of the environmental site assessment.
                    ``(C) Governmental review safe harbor.--A person 
                who has acquired real property shall be deemed to have 
                made all appropriate inquiry within the meaning of 
                paragraph (2)(A)(ii) if, prior to such acquisition, the 
                person reviewed a final determination by a State or 
                Federal environmental or health agency with 
                jurisdiction over response actions at a facility that 
                no further response action was planned at the facility 
                based on the level of risk to human health and the 
                environment.
            ``(5) Limitations.--No defense shall be available to any of 
        the following:
                    ``(A) A person who obtained actual knowledge of a 
                release or threat of release of a hazardous substance 
                at a facility when such person owned the real property 
                and subsequently transferred ownership of the property 
                to another person without disclosing such knowledge.
                    ``(B) A person who knowingly and willfully impedes 
                the performance of a response action or natural 
                resource restoration at a facility.
                    ``(C) A person who did not provide all legally 
                required notices with respect to the discovery or 
                release of any hazardous substances at a facility.
                    ``(D) A person (other than a person described in 
                paragraph (2)(B)) who is affiliated with any other 
                person liable for response costs at a 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 or by a contract 
                for the sale of goods or services.
            ``(6) Windfall liens.--
                    ``(A) In general.--In any case in which there are 
                unrecovered response costs incurred by the United 

2000
                States at a facility for which an owner of the facility 
                is not liable by reason of paragraph (2), and the 
                conditions described in subparagraph (C) are met, the 
                United States shall have a lien upon such facility for 
                such unrecovered costs.
                    ``(B) Special rules.--A lien under this paragraph--
                            ``(i) 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;
                            ``(ii) shall arise at the time costs are 
                        first incurred by the United States with 
                        respect to a response action at the facility;
                            ``(iii) shall be subject to the 
                        requirements for notice and validity 
                        established by subsection (l)(3);
                            ``(iv) shall continue until the earlier of 
                        satisfaction of the lien or recovery of all 
                        response costs incurred at the facility; and
                            ``(v) shall not arise against a recipient 
                        of a grant under section 127(b) or 127(c) with 
                        respect to such grant.
                    ``(C) Conditions.--The conditions referred to in 
                subparagraph (A) are the following:
                            ``(i) A response action for which there are 
                        unrecovered costs is carried out at the 
                        facility.
                            ``(ii) The United States has made 
                        reasonable efforts to recover such unrecovered 
                        response costs from parties liable under this 
                        section.
                            ``(iii) Such response action increases the 
                        fair market value of the facility above the 
                        fair market value of the facility that existed 
                        in the 6-month period preceding the date that 
                        response action began.
                    ``(D) Limitations.--No lien under this paragraph 
                shall arise--
                            ``(i) with respect to property for which 
                        the property owner preceding the current owner 
                        is not a liable party or has resolved its 
                        liability under this Act; or
                            ``(ii) in any case in which an 
                        environmental assessment gave the owner or 
                        operator no reason to know of the release of 
                        hazardous substances.''.
    (b) Rendering Care or Advice.--
            (1) State, tribal, and local governments.--Section 
        107(d)(2) (42 U.S.C. 9607(d)(2)) is amended to read as follows:
            ``(2) State, tribal, and local governments.--
                    ``(A) In general.--No State, tribal, or local 
                government, including a municipality or other political 
                subdivision of a State, shall be liable under this 
                title for costs or damages as a result of--
                            ``(i) actions taken in response to an 
                        emergency created by the release or threatened 
                        release of a hazardous substance generated by 
                        or from a facility owned by another person; or
                            ``(ii) actions to improve water quality 
                        protection at an abandoned mine site and 
                        adjacent lands that are owned by a person other 
                        than the State, tribal, or local government if 
                        such actions are taken in accordance with a 
                        response action approved under applicable State 
                        or Federal law.
                    ``(B) Limitation on statutory construction.--This 
                paragraph shall not be construed to preclude liability 
                for costs or damages as a result of gross negligence or 
                intentional misconduct by a governmental entity 
                referred to in subparagraph (A). For the purpose of the 
                preceding sentence, reckless, willful, or wanton 
                misconduct shall constitute gross negligence.''.
            (2) Savings provision.--Section 107(d)(3) (42 U.S.C. 
        9607(d)(3)) is amended by striking ``This'' and inserting 
        ``Except with respect to costs and damages referred to in 
        paragraphs (1) and (2)(A), this''.
    (c) Clarification of Liability for Contiguous Property Owners.--
Section 101(20) (42 U.S.C. 9601(20)) is amended by adding at the end 
the following:
            ``(H) Contiguous property owner.--The term `owner or 
        operator' does not include a person who owns or operates real 
        property that is contiguous to, or onto which a release has 
        migrated from, a facility under separate ownership or operation 
        from which there is a release or threatened release of a 
        hazardous substance if--
                    ``(i) the person did not, by any act or omission, 
                cause or contribute to the release or threatened 
                release of a hazardous substance; and
                    ``(ii) the person is not affiliated 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.''.
    (d) Conforming Amendments.--Section 101 (42 U.S.C. 9601) is amended 
by striking paragraph (35).

SEC. 303. STATUTORY CONSTRUCTION.

    Section 107(f) (42 U.S.C. 9607(f)) is amended--
            (1) by inserting ``Special Rules for Natural Resources.--'' 
        after ``(f)'';
            (2) by indenting paragraph (1) and aligning it with 
        paragraph (2) of such section; and
            (3) by adding at the end the following:
            ``(3) Unitary executive.--In any judicial action brought 
        under this Act by the United States seeking recovery for 
        damages to natural resources, any brief or motion addressing 
        the interpretation and construction of this subsection filed by 
        the United States in any other judicial action seeking recovery 
        from the United States for damages to natural resources under 
        this Act shall be admissible in the action brought by the 
        United States.''.

SEC. 304. LIVESTOCK TREATMENT.

    Section 107(i) (42 U.S.C. 9607(i)) is amended--
            (1) by inserting ``Limitation on Liability for Application 
        of Pesticide Products.--'' after ``(i)'';
            (2) by striking ``No person'' and inserting ``(1) In 
        general.--No person'';
            (3) by adding at the end the following:
            ``(2) Application in compliance with law.--For the purposes 
        of paragraph (1), the term `application of a pesticide product 
        registered under the Federal Insecticide, Fungicide, and 
        Rodenticide Act' includes a release of a hazardous substance 
        resulting from the application, before the date of enactment of 
        this paragraph, of any pesticide, insecticide, or similar 
        product in compliance with a Federal or State law (including a 
        regulation) requiring the treatment of livestock to prevent, 
        suppress, control, or eradicate any dangerous, contagious, or 
        infectious disease or any vector organism for such disease.''; 
        and
            (4) by indenting and aligning paragraph (1) (as designated 
        by paragraph (2) of this section) with paragraph (2) (as added 
        by paragraph (3) of this section).

SEC. 305. LIABILITY RELIEF FOR SMALL BUSINESSES, MUNICIPAL 
2000
SOLID WASTE, 
              SEWAGE SLUDGE, MUNICIPAL OWNERS AND OPERATORS, AND DE 
              MICROMIS CONTRIBUTORS.

    (a) Limitation on Liability for Small Businesses.--Section 107 (42 
U.S.C. 9607) is amended by adding at the end the following:
    ``(o) Limitation on Liability for Small Businesses.--
            ``(1) In general.--With respect to actions taken before 
        March 25, 1999, no small business concern shall be liable under 
        subsection (a)(3) or (a)(4) for response costs or damages at a 
        facility or vessel on the National Priorities List.
            ``(2) Limitation.--Paragraph (1) shall not apply to an 
        action brought by the President against a small business 
        concern if the hazardous substances attributable to the small 
        business concern have contributed, or contribute, significantly 
        to the costs of the response action at the facility.
            ``(3) Small business concern defined.--In this subsection, 
        the term `small business concern' means a business entity that 
        on average over the previous 3 years preceding the date of 
        notification by the President that the business entity is a 
        potentially responsible party--
                    ``(A) has no more than 75 full-time employees or 
                the equivalent thereof; and
                    ``(B) has $3,000,000 or less in gross revenues.''.
    (b) Liability Relief for Municipal Solid Waste and Sewage Sludge.--
Section 107 is further amended by adding at the end the following:
    ``(p) Liability Exemptions and Limitations for Municipal Solid 
Waste and Sewage Sludge.--
            ``(1) Pre-enactment activities.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no person shall be liable under 
                subsection (a)(3) or (a)(4) for response costs or 
                damages at a landfill facility on the National 
                Priorities List to the extent that the person arranged 
                or transported municipal solid waste or municipal 
                sewage sludge prior to the date of enactment of this 
                paragraph for disposal at the landfill facility.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                if the President determines that a person transported 
                material containing hazardous substances to a landfill 
                facility that has contributed, or contributes, 
                significantly to the costs of response at the facility 
                and such person is engaged in the business of 
                transporting waste materials, such person may be liable 
                under subsection (a)(4). The liability of such person 
                shall be subject to the aggregate limits on liability 
                for municipal solid waste set forth in paragraph (2). 
                Any determination of such person's equitable share of 
                response costs shall be determined on the basis of such 
                person's equitable share of the aggregate amount of 
                response costs attributable to municipal solid waste 
                and municipal sewage sludge under paragraph (2).
            ``(2) Post-enactment activities.--
                    ``(A) In general.--To the extent that a person or 
                group of persons is liable under subsection (a)(3) or 
                (a)(4) for arranging or transporting municipal solid 
                waste or municipal sewage sludge for disposal at a 
                landfill facility on the National Priorities List on or 
                after the date of enactment of this paragraph and is 
                not exempt from liability under paragraph (3), the 
                total aggregate liability for all such persons or 
                groups of persons for response costs at such a landfill 
                facility shall not exceed 10 percent of such costs. 
                With respect to actions taken on or after the date that 
                is 36 months after the date of enactment of this 
                paragraph this limitation on liability shall apply only 
                at a landfill facility within a municipality that has 
                instituted or participates in a qualified household 
                hazardous waste collection program.
                    ``(B) Expedited settlements.--The President may 
                offer a person subject to a limitation on liability 
                under subparagraph (A) an expedited settlement based on 
                the average unit cost of remediating municipal solid 
                waste and municipal sewage sludge in landfills in lieu 
                of the aggregate 10 percent limitation on liability 
                provided by subparagraph (A).
            ``(3) Special Rule.--No person shall be liable under 
        subsection (a)(3) or (a)(4) for response costs or damages at a 
        landfill facility on the National Priorities List to the extent 
        that--
                    ``(A) the materials that the person arranged or 
                transported for disposal consist of municipal solid 
                waste; 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 
                        with respect to the facility;
                            ``(ii) a business entity that employs no 
                        more than 100 individuals and is a small 
                        business concern as defined under the Small 
                        Business Act (15 U.S.C. 631 et seq.) from which 
                        was generated all of the entity's municipal 
                        solid waste with respect to the facility; or
                            ``(iii) an organization described in 
                        section 501(c)(3) of the Internal Revenue Code 
                        of 1986 and exempt from tax under section 
                        501(a) of such Code if such organization 
                        employs no more than 100 paid individuals at 
                        the location from which was generated all of 
                        the municipal solid waste attributable to the 
                        organization with respect to the facility.
            ``(4) Mixed Wastes.--Liability for wastes that do not fall 
        within the definition of municipal solid waste under paragraph 
        (5)(A) and are collected and disposed of with municipal solid 
        wastes and municipal sewage sludge shall be governed by section 
        107(a) and any applicable exemptions or limitations on 
        liability without regard to the wastes covered by paragraph 
        (5)(A).
            ``(5) Definitions.--In this section, the following 
        definitions apply:
                    ``(A) Municipal solid waste.--The term `municipal 
                solid waste' means waste materials generated by 
                households, including single and multifamily 
                residences, and hotels and motels, and waste materials 
                generated by commercial, institutional, and industrial 
                sources, to the extent that such materials (i) are 
                essentially the same as waste materials normally 
                generated by households, or (ii) are collected and 
                disposed of with other municipal solid waste, and 
                contain hazardous substances that would qualify for the 
                de micromis exemption under section 107(r). The term 
                includes food and yard waste, paper, clothing, 
                appliances, consumer product packaging, disposable 
                diapers, office supplies, cosmetics, glass and metal 
                food containers, wooden pallets, cardboard, elementary 
                or secondary school science laboratory waste, and 
2000

                household hazardous waste. The term does not include 
                combustion ash generated by resource recovery 
                facilities or municipal incinerators; solid waste from 
                the extraction, beneficiation, and processing of ores 
                and minerals; or waste from manufacturing or processing 
                operations (including pollution control) that is not 
                essentially the same as waste normally generated by 
                households.
                    ``(B) Municipal sewage sludge.--The term `municipal 
                sewage sludge' means solid, semisolid, or liquid 
                residue removed during the treatment of municipal waste 
                water, domestic sewage, or other waste water at or by 
                (i) a publicly owned treatment works, (ii) a federally 
                owned treatment works, or (iii) a treatment works that, 
                without regard to ownership, would be considered to be 
                a publicly owned treatment works and is principally 
                treating municipal waste water or domestic sewage.
                    ``(C) Qualified household hazardous waste 
                collection program.--The term `qualified household 
                hazardous waste collection program' means a program 
                established by an entity of the Federal Government, a 
                State, a municipality, or an Indian tribe that 
                provides, at a minimum, for semiannual collection of 
                household hazardous waste at accessible, well-
                publicized collection points within the relevant 
                jurisdiction.
    ``(q) Limitation on Liability for Municipal Owners and Operators.--
            ``(1) Aggregate liability of small municipalities.--With 
        respect to a facility that received municipal solid waste, that 
        was proposed for listing on the National Priorities List before 
        March 25, 1999, that is or was owned or operated by 
        municipalities with a population of less than 100,000 according 
        to the 1990 census, and that is not subject to the criteria for 
        solid waste landfills published under subtitle D of the Solid 
        Waste Disposal Act (42 U.S.C. 6941 et seq.) at part 258 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation), the aggregate liability of such municipalities for 
        response costs incurred on or after March 25, 1999, shall be 
        the lesser of--
                    ``(A) 10 percent of the total amount of response 
                costs at the facility; or
                    ``(B) the costs of compliance with the requirements 
                of such subtitle for the facility (as if the facility 
had continued to accept municipal solid waste through January 1, 1997).
            ``(2) Aggregate liability of large municipalities.--With 
        respect to a facility that received municipal solid waste, that 
        was proposed for listing on the National Priorities List before 
        March 25, 1999, that is or was owned or operated by 
        municipalities with a population of 100,000 or more according 
        to the 1990 census, and that is not subject to the criteria for 
        solid waste landfills published under subtitle D of the Solid 
        Waste Disposal Act (42 U.S.C. 6941 et seq.) at part 258 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation), the aggregate liability of such municipalities for 
        response costs incurred on or after March 25, 1999, shall be 
        the lesser of--
                    ``(A) 20 percent of the total amount of response 
                costs at the facility; or
                    ``(B) the costs of compliance with the requirements 
                of such subtitle for the facility (as if the facility 
                had continued to accept municipal solid waste through 
                January 1, 1997).''.
    (c) De Micromis Exemption.--Section 107 is further amended by 
adding at the end the following:
    ``(r) De Micromis Exemption.--
            ``(1) In general.--In the case of a facility or vessel 
        listed on the National Priorities List, no person shall be 
        liable under subsection (a)(3) or (a)(4) if no more than 110 
        gallons or 200 pounds of materials containing hazardous 
        substances at the facility or vessel is attributable to such 
        person, and the acts on which liability is based took place 
        before the date of enactment of this paragraph.
            ``(2) Exception.--Paragraph (1) shall not apply in a case 
        in which the President determines that the material described 
        in paragraph (1) has contributed, or contributes, significantly 
        to the costs of response at the facility.''.
    (d) Ineligibility for Exemptions or Limitations.--Section 107 is 
further amended by adding at the end the following:
    ``(s) Ineligibility for Exemptions or Limitations.--
            ``(1) Impeding response or restoration.--The exemptions and 
        limitations set forth in subsections (o), (p), (q), and (r) and 
        sections 114(c) and 130 shall not apply to any person with 
        respect to a facility if such person impedes the performance of 
        a response action or natural resource restoration at the 
        facility.
            ``(2) Failure to respond to information request.--The 
        exemptions and limitations set forth in subsections (o), (p), 
        (q), and (r) and sections 114(c) and 130 shall not apply to any 
        person who--
                    ``(A) willfully fails to submit a complete and 
                timely response to an information request under section 
                104(e); or
                    ``(B) knowingly makes any false or misleading 
                material statement or representation in any such 
                response.
            ``(3) Failure to provide cooperation and facility access.--
        The limitation set forth in subsection (q) shall not apply to 
        any owner or operator of a facility who does not provide all 
        reasonable cooperation and facility access to persons 
        authorized to conduct response actions at the facility.''.
    (e) Exempt Party Funding; Concluded Actions; Oversight Costs.--
Section 107 is further amended by adding at the end the following:
    ``(t) Exempt Party Funding.--
            ``(1) Exempt party funding.--Except as provided in 
        paragraph (2), the equitable share of liability under section 
        107(a) for any release or threatened release of a hazardous 
        substance from a facility or vessel on the National Priorities 
        List that is extinguished through an exemption or limitation on 
        liability under subsection (o), (p), or (q) of this section, 
        section 114(c), or section 130 shall be transferred to and 
        assumed by the Trust Fund.
            ``(2) Certain msw generators.--Paragraph (1) shall not 
        apply to the equitable share of liability of any person who 
        would have been liable under subsection (a)(3) or (a)(4) but 
        for the exemption from liability under subsection (p)(3).
            ``(3) Source of funds.--Payments made by the Trust Fund or 
        work performed on behalf of the Trust Fund to meet the 
        obligations under paragraph (1) shall be funded from amounts 
        made available by section 111(a)(1).
    ``(u) Effect on Concluded Actions.--The exemptions from and 
limitations on liability provided under subsections (o), (p), (q), and 
(r) and sections 114(c) and 130 shall not affect any settlement or 
judgment approved by a United States District Court not later than 30 
days after the date of enactment of this subsection or any 
administrative action against a person otherwise covered by such 
exemption or limitation that becomes effective not later than 30 days 
after such date of enactment.
    ``(v) Limitation on Recovery of Oversight Costs.--
            ``(1) In general.--Cost
2000
s of oversight of a response action 
        shall not be recoverable under this section from a person 
        referred to in paragraph (2) to the extent that such costs 
        exceed 10 percent of the costs of the response action.
            ``(2) Accounting of response costs.--Paragraph (1) shall 
        apply only to a person who provides the Administrator with an 
        accounting of the direct and indirect costs that the person 
        incurred in conducting the response action. The Administrator 
        may require an independent audit of the costs from such 
        person.''.
    (f) Small Business Ombudsman.--The Administrator shall establish a 
small business Superfund assistance section within the small business 
ombudsman office at the Environmental Protection Agency. Such section 
shall carry out the following functions:
            (1) Act as a clearinghouse of information for small 
        businesses regarding the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980. Such information shall 
        be comprehensible to a lay person and shall include information 
        regarding the exemptions to liability under section 107 of such 
        Act, the allocation process under section 131 of such Act, 
        requirements and procedures for expedited settlements pursuant 
        to section 122(g) of such Act, and de minimis status and 
        ability-to-pay procedures.
            (2) Provide general advice and assistance to small 
        businesses as to their questions and problems concerning 
        liability and the exemptions to liability under such Act and 
        the allocation and settlement processes, except that such 
        advice and assistance shall not include any legal advice as to 
        liability or any other legal representation. The ombudsman 
        shall not participate in the allocation process.

SEC. 306. AMENDMENTS TO SECTION 113.

    Section 113(f) (42 U.S.C. 9613(f)) is amended--
            (1) by adding at the end the following:
            ``(4) Limitations on contribution actions.--
                    ``(A) In general.--There shall be no right of 
                contribution under this subsection in any of the 
                following circumstances:
                            ``(i) The person asserting the right of 
                        contribution has waived the right in a 
                        settlement pursuant to this Act.
                            ``(ii) The person from whom contribution is 
                        sought is not liable under this Act.
                            ``(iii) The person from whom contribution 
                        is sought has entered into a settlement with 
                        the United States pursuant to section 122(g), 
                        with respect to matters addressed in that 
                        settlement.
                    ``(B) Attorneys' fees.--Any person who commences an 
                action for contribution shall be liable to the person 
                against whom the claim of contribution is brought for 
                all reasonable costs of defending against the claim, 
                including all reasonable attorneys' and expert witness 
                fees, if--
                            ``(i) the action is barred by subparagraph 
                        (A);
                            ``(ii) the action is brought against a 
                        person who is protected from such suits 
                        pursuant to section 113(f)(2) by reason of a 
                        settlement with the United States; or
                            ``(iii) the action is brought during the 
                        moratorium pursuant to section 131 (relating to 
                        allocation).''.

SEC. 307. LIABILITY OF RESPONSE ACTION CONTRACTORS.

    (a) Extension of Negligence Standard.--Subsection (a) of section 
119 (42 U.S.C. 9619(a)) is amended--
            (1) in paragraph (1) by striking ``title or under any other 
        Federal law'' and inserting ``title, under any other Federal 
        law, or under the law of any State or political subdivision of 
        a State'';
            (2) by adding at the end of paragraph (1) the following: 
        ``Notwithstanding the preceding sentence, this section shall 
        not apply in determining the liability of a response action 
        contractor under the law of any State or political subdivision 
        thereof if the State has enacted a law determining the 
        liability of a response action contractor.''; and
            (3) by adding at the end of paragraph (2) the following: 
        ``Such conduct shall be evaluated based on the generally 
        accepted standards and practices in effect at the time and 
        place that the conduct occurred.''.
    (b) Clarification of Liability.--Section 119(a) is amended by 
inserting after paragraph (4) the following:
            ``(5) Liability.--Notwithstanding any other provision of 
        this Act, any liability of a response action contractor under 
        this Act shall be determined solely in accordance with this 
        section.''.
    (c) Extension of Indemnification Authority.--Section 119(c) is 
amended by adding at the end of paragraph (1) the following: ``Any such 
agreement may apply to claims for negligence arising under Federal law 
or under the law of any State or political subdivision of a State.''.
    (d) Indemnification for Threatened Releases.--Section 119(c)(5) is 
amended in subparagraph (A) by inserting ``or threatened release'' 
after ``release'' each place it appears.
    (e) Extension of Coverage to All Response Actions.--Section 
119(e)(1) is amended--
            (1) by striking ``carrying out an agreement under section 
        106 or 122''; and
            (2) by striking ``any remedial action under this Act at a 
        facility listed on the National Priorities List, or any removal 
        action under this Act,'' and inserting ``any response as 
        defined by section 101(25),''.
    (f) Limitation on Actions.--Section 119 is amended by adding at the 
end the following:
    ``(h) Limitation on Actions Against Response Action Contractors.--
No action to recover for any injury to property, real or personal, or 
for bodily injury or wrongful death, or any other expenses or costs 
arising out of the performance of services under a response action 
contract, nor any action for contribution or indemnity for damages 
sustained as a result of such injury, shall be brought against any 
response action contractor more than 6 years after the completion of 
work at any site under such contract. Notwithstanding the preceding 
sentence, this section shall not--
            ``(1) bar recovery for a claim caused by the conduct of the 
        response action contractor that is grossly negligent or that 
        constitutes intentional misconduct;
            ``(2) affect any right of indemnification that such 
        response action contractor may have under this section or may 
        acquire by written agreement with any party; or
            ``(3) apply in any State or political subdivision thereof 
        if the State has enacted a statute of repose determining the 
        liability of a response action contractor.''.

SEC. 308. AMENDMENTS TO SECTION 122.

    (a) Administrative Settlements.--Section 122 (42 U.S.C. 9622) is 
amended by adding at the end the following:
    ``(n) Challenge to Cost Recovery Component of Settlement.--
Notwithstanding the limitations on review in section 113(h), and except 
as provided in subsection (g) of this section, a person whose potential 
claim for response costs or contribution is limited as a result of 
contribution protection afforded by an administrative settlement under 
this section may challenge the cost recovery component of such 
settlement. Such a challenge may be made only by filing a complaint 
against the Administrator in the United States District Court within 60 
days after such settlement becomes final. Venue shall lie in the 
district in wh
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ich the principal office of the appropriate region of the 
Environmental Protection Agency is located. Any review of an 
administrative settlement shall be limited to the administrative 
record, and the settlement shall be upheld unless the objecting party 
can demonstrate on that record that the decision of the President to 
enter into the administrative settlement was arbitrary, capricious, or 
otherwise not in accordance with law.''.
    (b) Final Covenants.--Section 122(f) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Final covenants.--The President shall offer 
        potentially responsible parties who enter into settlement 
        agreements that are in the public interest a final covenant not 
        to sue concerning any liability to the United States under this 
        Act, including a covenant with respect to future liability, for 
        response actions or response costs addressed in the settlement, 
        if all of the following conditions are met:
                    ``(A) The settling party agrees to perform, or 
                there are other adequate assurances of the performance 
                of, a final remedial action authorized by the 
                Administrator for the release or threat of release that 
                is the subject of the settlement.
                    ``(B) The settlement agreement has been reached 
                prior to the commencement of litigation against the 
                settling party under section 106 or 107 of this Act 
                with respect to this facility.
                    ``(C) The settling party waives all contribution 
                rights against other potentially responsible parties at 
                the facility.
                    ``(D) The settling party (other than a small 
                business) pays a premium that compensates for the risks 
                of remedy failure; future liability resulting from 
                unknown conditions; and unanticipated increases in the 
                cost of any uncompleted response action, unless the 
                settling party is performing the response action. The 
                President shall have sole discretion to determine the 
                appropriate amount of any such premium, and such 
                determinations are committed to the President's 
                discretion. The President has discretion to waive or 
                reduce the premium payment for persons who demonstrate 
                an inability to pay such a premium.
                    ``(E) The remedial action does not rely on 
                institutional controls to ensure continued protection 
                of human health and the environment.
                    ``(F) The settlement is otherwise acceptable to the 
                United States.'';
            (2) in paragraph (2) by striking ``remedial'' each place it 
        appears and inserting ``response'';
            (3) by striking paragraph (3) and inserting the following:
            ``(3) Discretionary covenants.--For settlements under this 
        Act for which covenants under paragraph (1) are not available, 
        the President may provide any person with a covenant not to sue 
        concerning any liability to the United States under this Act, 
        if the covenant not to sue is in the public interest. Such 
        covenants shall be subject to the requirements of paragraph 
        (5). The President may include any conditions in such covenant 
        not to sue, including the additional condition referred to in 
        paragraph (5). In determining whether such conditions or 
        covenants are in the public interest, the President shall 
        consider the nature and scope of the commitment by the settling 
        party under the settlement, the effectiveness and reliability 
        of the response action, the nature of the risks remaining at 
        the facility, the strength of evidence, the likelihood of cost 
        recovery, the reliability of any response action or actions to 
        restore, replace, or acquire the equivalent of injured natural 
        resources, the extent to which performance standards are 
        included in the order or decree, the extent to which the 
        technology used in the response action is demonstrated to be 
        effective, and any other factors relevant to the protection of 
        human health and the environment.'';
            (4) by striking paragraph (4) and redesignating paragraphs 
        (5) and (6) as paragraphs (4) and (5), respectively;
            (5) in subparagraph (A) of paragraph (5) (as so 
        redesignated)--
                    (A) by striking ``remedial'' and inserting 
                ``response'';
                    (B) by striking ``paragraph (2)'' in the first 
                sentence and inserting ``paragraph (1) or (2)'';
                    (C) by striking ``de minimis settlements'' and 
                inserting ``de minimis and other expedited settlements 
                pursuant to subsection (g) of this section''; and
                    (D) by striking ``the President certifies under 
                paragraph (3) that remedial action has been completed 
                at the facility concerned'' and inserting ``that the 
                response action that is the subject of the settlement 
                agreement is selected''; and
            (6) in subparagraph (B) of paragraph (5) (as so 
        redesignated)--
                    (A) by striking ``In extraordinary circumstances, 
                the'' and inserting ``The'';
                    (B) by striking ``those referred to in paragraph 
                (4) and'';
                    (C) by striking ``if other terms,'' and inserting 
                ``, if the agreement containing the covenant not to sue 
                provides for payment of a premium to address possible 
                remedy failure or any releases that may result from 
                unknown conditions, and if other terms,''; and
                    (D) by adding at the end the following: ``The 
                President may waive or reduce the premium payment for 
                persons who demonstrate an inability to pay such a 
                premium.''.
    (c) Expedited Final Settlements.--Section 122 is further amended--
            (1) in subsection (g) by striking ``(g)'' and all that 
        follows through the period at the end of paragraph (1) and 
        inserting the following:
    ``(g) Expedited Final Settlement.--
            ``(1) Parties eligible for expedited settlement.--The 
        President shall, as promptly as possible, offer to reach a 
        final administrative or judicial settlement with potentially 
        responsible parties who, in the judgment of the President, meet 
        the following conditions for eligibility for an expedited 
        settlement in subparagraph (A) or (B):
                    ``(A) The potentially responsible party's 
                individual contribution to the release of hazardous 
                substances at the facility as an owner or operator, 
                arranger for disposal, or transporter for disposal is 
de minimis. The contribution of hazardous substance to a facility by a 
potentially responsible party is de minimis if both of the following 
conditions are met:
                            ``(i) The contribution of materials 
                        containing hazardous substances that the 
                        potentially responsible party arranged or 
                        transported for treatment or disposal, or that 
                        were treated or disposed during the potentially 
                        responsible party's period of ownership or 
                        operation of the facility, is minimal in 
                        comparison to the total volume of materials 
                        containing hazardous substances at the 
                        facility. Such individual contribution is 
            
2000
            presumed to be minimal if it is not more than 1 
                        percent of the total volume of such materials, 
                        unless the Administrator identifies a different 
                        threshold based on site-specific factors.
                            ``(ii) Such hazardous substances do not 
                        present toxic or other hazardous effects that 
                        are significantly greater than those of other 
                        hazardous substances at the facility.
                    ``(B)(i) The potentially responsible party is a 
                natural person, a small business, or a municipality and 
                can demonstrate to the United States an inability or 
                limited ability to pay response costs. A party who 
                enters into a settlement pursuant to this subparagraph 
                shall be deemed to have resolved its liability under 
                this Act to the United States for all matters addressed 
                in the settlement.
                    ``(ii) For purposes of this subparagraph, the 
                following provisions apply:
                            ``(I) In the case of a small business, the 
                        President shall take into consideration the 
                        ability to pay of the business, if requested by 
                        the business. The term `ability to pay' means 
                        the President's reasonable expectation of the 
                        ability of the small business to pay its total 
                        settlement amount and still maintain its basic 
                        business operations. Such consideration shall 
                        include the business's overall financial 
                        condition and demonstrable constraints on its 
                        ability to raise revenues.
                            ``(II) Any business requesting such 
                        consideration shall promptly provide the 
                        President with all relevant information needed 
                        to determine the business's ability to pay.
                            ``(III) If the President determines that a 
                        small business is unable to pay its total 
                        settlement amount immediately, the President 
                        shall consider alternative payment methods as 
                        may be necessary or appropriate. The methods to 
                        be considered may include installment payments 
                        to be paid during a period of not to exceed 10 
                        years and the provision of in-kind services.
                    ``(iii) Any municipality which is a potentially 
                responsible party may submit for consideration by the 
                President an evaluation of the potential impact of the 
                settlement on essential services that the municipality 
                must provide, and the feasibility of making delayed 
                payments or payments over time. If a municipality 
                asserts that it has additional environmental 
                obligations besides its potential liability under this 
                Act, then the municipality may create a list of the 
                obligations, including an estimate of the costs of 
                complying with such obligations.
                    ``(iv) Any municipality which is a potentially 
                responsible party may establish an inability to pay 
                through an affirmative showing that such payment of its 
                liability under this Act would either--
                            ``(I) create a substantial demonstrable 
                        risk that the municipality would default on 
                        existing debt obligations, be forced into 
                        bankruptcy, be forced to dissolve, or be forced 
                        to make budgetary cutbacks that would 
                        substantially reduce current levels of 
                        protection of public health and safety; or
                            ``(II) necessitate a violation of legal 
                        requirements or limitations of general 
                        applicability concerning the assumption and 
                        maintenance of fiscal municipal obligations.
                    ``(v) This subparagraph does not limit or affect 
                the President's authority to evaluate any person's 
                ability to pay or to enter into settlements with any 
                person based on that person's inability to pay.'';
            (2) by striking paragraphs (2) and (3) of subsection (g) 
        and inserting the following:
            ``(2) Basis of determination.--Any person who enters into a 
        settlement pursuant to this subsection shall provide any 
        information requested by the President in accordance with 
        section 104(e). The determination of whether a person is 
        eligible for an expedited settlement shall be made on the basis 
        of all information available to the President at the time the 
        determination is made. The President's determination as to the 
        eligibility of a party that is not a department, agency, or 
        instrumentality of the United States for settlement pursuant to 
        this section shall not be subject to judicial review. If the 
        President determines that a party is not eligible for a 
        settlement pursuant to this section, the President shall 
        explain the basis for that determination in writing to any 
        person who requests such a settlement.
            ``(3) Additional factors relevant to settlements with 
        municipalities.--In any settlement with a municipality pursuant 
        to this Act, the President may take additional equitable 
        factors into account in determining an appropriate settlement 
        amount, including the limited resources available to that 
        party, and any in-kind services that the party may provide to 
        support the response action at the facility. In considering the 
        value of in-kind services, the President shall consider the 
fair market value of those services.'';
            (3) in subsection (g)(4) by striking ``$500,000'' and 
        inserting ``$2,000,000'';
            (4) by striking paragraph (5) of subsection (g) and 
        inserting the following:
            ``(5) Small business defined.--In this section, the term 
        `small business' refers to any business entity that employs no 
        more than 100 individuals and is a `small business concern' as 
        defined under the Small Business Act (15 U.S.C. 631 et 
        seq.).'';
            (5) by adding at the end of subsection (g) the following:
            ``(7) Deadline.--If the President does not make a 
        settlement offer to a small business on or before the 180th day 
        following the date of the President's determination that such 
        small business is eligible for an expedited settlement under 
        this subsection, or on or before the 180th day following the 
        date of the enactment of this paragraph, whichever is later, 
        such small business shall have no further liability under this 
        Act, unless the failure to make a settlement offer on or before 
        such 180th day is due to circumstances beyond the control of 
        the President.
            ``(8) Premiums.--In any settlement under this Act with a 
        small business, the President may not require the small 
        business to pay any premium over and above the small business's 
        share of liability.''; and
            (6) in subsection (h)--
                    (A) by striking the subsection heading
                and inserting the following: ``Authority To Settle 
                Claims for Fines, Civil
                Penalties, Punitive Damages, and Cost Recovery.--'';
 
2000
                   (B) by striking ``costs incurred'' in the first 
                sentence of paragraph (1) and inserting ``past and 
                future costs incurred or that may be incurred'';
                    (C) by inserting after ``if the claim has not been 
                referred to the Department of Justice for further 
                action.'' in the first sentence of paragraph (1) the 
                following: ``The head of any department or agency with 
                the authority to seek fines, civil penalties, or 
                punitive damages under this Act may consider, 
                compromise, and settle claims for any such fines, civil 
                penalties, or punitive damages which may otherwise be 
                assessed in civil administrative or judicial 
                proceedings if the claim has not been referred to the 
                Department of Justice for further action. If the total 
                claim for response costs, fines, civil penalties, or 
                punitive damages exceeds $3,000,000, such claim may be 
                compromised and settled only with the prior written 
                approval of the Attorney General.'';
                    (D) by striking ``$500,000 (excluding interest), 
                any claim referred to in the preceding sentence'' in 
                the second sentence of paragraph (1) and inserting 
                ``$2,000,000 (excluding interest), any claim for 
                response costs referred to in this subsection''; and
                    (E) by striking paragraph (4).
    (d) Municipality Defined.--Section 101 (42 U.S.C. 9601), as amended 
by section 302(d) of this Act, is further amended by inserting after 
paragraph (34) the following:
            ``(35) The term `municipality' means a political 
        subdivision of a State, including a city, county, village, 
        town, township, borough, parish, school district, sanitation 
        district, water district, or other public entity performing 
        local governmental functions. The term also includes a natural 
        person acting in the capacity of an official, employee, or 
        agent of any entity referred to in the preceding sentence in 
        the performance of governmental functions.''.

SEC. 309. CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS.

    (a) Recycling Transactions.--Title I (42 U.S.C. 9601 et seq.) is 
amended by adding at the end the following:

``SEC. 130. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--As provided in subsections (b), 
(c), (d), (e), and (f), a person who arranged for the recycling of 
recyclable material or transported such material shall not be liable 
under sections 107(a)(3) and 107(a)(4) with respect to such material. A 
determination whether or not any person shall be liable under section 
107(a)(3) or 107(a)(4) for any transaction not covered by subsections 
(b) and (c), (d), (e), or (f) of this section shall be made, without 
regard to subsections (b), (c), (d), (e), and (f) of this section, on a 
case-by-case basis, based on the individual facts and circumstances of 
such transaction.
    ``(b) Recyclable Material Defined.--For purposes of this section, 
the term `recyclable material' means scrap paper, scrap plastic, scrap 
glass, scrap textiles, scrap rubber, scrap metal, spent lead-acid, 
spent nickel-cadmium, and other spent batteries, as well as 
minor amounts of material incident to or adhering to the scrap material 
as a result of its normal and customary use prior to becoming scrap, 
and used oil; except that such term shall not include--
            ``(1) shipping containers with a capacity from 30 liters to 
        3,000 liters, whether intact or not, having any hazardous 
        substance (but not metal bits and pieces or hazardous substance 
        that form an integral part of the container) contained in or 
        adhering thereto; or
            ``(2) any item of material containing polychlorinated 
        biphenyls at a concentration in excess of 50 parts per million 
        or any new standard promulgated pursuant to applicable Federal 
        laws.
    ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles, 
or Rubber.--
            ``(1) In general.--Transactions involving recyclable 
        materials that consist of scrap paper, scrap plastic, scrap 
        glass, scrap textiles, or scrap rubber shall be deemed to be 
        arranging for recycling if the person who arranged for the 
        transaction (by selling recyclable material or otherwise 
        arranging for the recycling of recyclable material) can 
        demonstrate by a preponderance of the evidence that all of the 
        following criteria were met at the time of the transaction:
                    ``(A) The recyclable material met a commercial 
                specification grade.
                    ``(B) A market existed for the recyclable material.
                    ``(C) A substantial portion of the recyclable 
                material was made available for use as a feedstock for 
                the manufacture of a new saleable product.
                    ``(D) The recyclable material could have been a 
                replacement or substitute for a virgin raw material, or 
                the product to be made from the recyclable material 
                could have been a replacement or substitute for a 
                product made, in whole or in part, from a virgin raw 
                material.
                    ``(E) For transactions occurring on or after the 
                90th day following the date of the enactment of this 
                section, the person exercised reasonable care to 
                determine that the facility where the recyclable 
                material would be handled, processed, reclaimed, or 
                otherwise managed by another person (hereinafter in 
                this section referred to as a `consuming facility') was 
                in compliance with substantive (not procedural or 
                administrative) provisions of any Federal, State, or 
                local environmental law or regulation, or compliance 
                order or decree issued pursuant thereto, applicable to 
                the handling, processing, reclamation, storage, or 
                other management activities associated with the 
                recyclable material.
            ``(2) Reasonable care.--For purposes of this subsection, 
        `reasonable care' shall be determined using criteria that 
        include--
                    ``(A) the price paid in the recycling transaction;
                    ``(B) the ability of the person to detect the 
                nature of the consuming facility's operations 
                concerning its handling, processing, reclamation, or 
                other management activities associated with the 
                recyclable material; and
                    ``(C) the result of inquiries made to the 
                appropriate Federal, State, or local environmental 
                agency (or agencies) regarding the consuming facility's 
                past and current compliance with substantive (not 
                procedural or administrative) provisions of any 
                Federal, State, or local environmental law or 
                regulation, or compliance order or decree issued 
                pursuant thereto, applicable to the handling, 
                processing, reclamation, storage, or other management 
                activities associated with the recyclable material.
            ``(3) Treatment of certain requirements as substantive 
        provisions.--For purposes of this subsection, a requirement to 
        obtain a permit applicable to the handling, processing, 
        reclamation, or other management activities associated with the 
        recyclable materials shall be deemed to be a substantive 
        provision.
    ``(d) Transactions Involving Scrap Metal.--
            ``(1) In general.--Transactions involving recyclable 
2000

        materials that consist of scrap metal shall be deemed to be 
        arranging for recycling if the person who arranged for the 
        transaction (by selling recyclable material or otherwise 
        arranging for the recycling of recyclable material) can 
        demonstrate by a preponderance of the evidence that at the time 
        of the transaction--
                    ``(A) the person met the criteria set forth in 
                subsection (c) with respect to the scrap metal;
                    ``(B) the person was in compliance with any 
                applicable regulations or standards regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of scrap metal that the 
                Administrator issues under the Solid Waste Disposal Act 
                (42 U.S.C. 6901 et seq.) after the date of the 
                enactment of this section and with regard to 
                transactions occurring after the effective date of such 
                regulations or standards; and
                    ``(C) the person did not melt the scrap metal prior 
                to the transaction.
            ``(2) Melting of scrap metal.--For purposes of paragraph 
        (1)(C), melting of scrap metal does not include the thermal 
        separation of 2 or more materials due to differences in their 
        melting points (referred to as `sweating').
            ``(3) Scrap metal defined.--In this subsection, the term 
        `scrap metal' means--
                    ``(A) bits and pieces of metal parts (such as bars, 
                turnings, rods, sheets, and wire) or metal pieces that 
                may be combined together with bolts or soldering (such 
                as radiators, scrap automobiles, and railroad box cars) 
                which when worn or superfluous can be recycled; and
                    ``(B) notwithstanding subsection (d)(1)(C), metal 
                byproducts of the production of copper and copper based 
                alloys that--
                            ``(i) are not the sole or primary products 
                        of a secondary production process,
                            ``(ii) are not produced separately from the 
                        primary products of a secondary production 
                        process,
                            ``(iii) are not and have not been stored in 
                        a pile or surface impoundment, and
                            ``(iv) are sold to another recycler that is 
                        not speculatively accumulating such byproducts,
        except for any scrap metal that the Administrator excludes from 
        this definition by regulation.
    ``(e) Transactions Involving Batteries.--
            ``(1) In general.--Transactions involving recyclable 
        materials that consist of spent lead-acid batteries, spent 
        nickel-cadmium batteries, or other spent batteries shall be 
        deemed to be arranging for recycling if the person who arranged 
        for the transaction (by selling recyclable material or 
        otherwise arranging for the recycling of recyclable material) 
        can demonstrate by a preponderance of the evidence that at the 
        time of the transaction--
                    ``(A) the person met the criteria set forth in 
                subsection (c) with respect to the spent lead-acid 
                batteries, spent nickel-cadmium batteries, or other 
                spent batteries but did not recover the valuable 
                components of such batteries; and
                    ``(B)(i) with respect to transactions involving 
                lead-acid batteries, the person was in compliance with 
                applicable Federal environmental regulations or 
                standards, and any amendments thereto, regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of spent lead-acid 
                batteries;
                    ``(ii) with respect to transactions involving 
                nickel-cadmium batteries, Federal environmental 
                regulations or standards were in effect regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of spent nickel-cadmium 
                batteries and the person was in compliance with such 
                regulations or standards and any amendments thereto; or
                    ``(iii) with respect to transactions involving 
                other spent batteries, Federal environmental 
                regulations or standards were in effect regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of such batteries and the 
                person was in compliance with such regulations or 
                standards and any amendments thereto.
            ``(2) Recovery of valuable battery components.--For 
        purposes of paragraph (1)(A), a person who, by contract, 
        arranges or pays for processing of batteries by an unrelated 
        third person and receives from such third person materials 
        reclaimed from such batteries shall not thereby be deemed to 
        recover the valuable components of such batteries.
    ``(f) Transactions Involving Used Oil.--
            ``(1) In general.--Transactions involving recyclable 
        materials that consist of used oil shall be deemed to be 
        arranging for recycling if the person who arranged for the 
        transaction (by selling recyclable material or otherwise 
        arranging for the recycling of recyclable material) did not mix 
        the recyclable material with a hazardous substance following 
        the removal of the used oil from service and can demonstrate by 
        a preponderance of the evidence that at the time of the 
        transaction--
                    ``(A) the recyclable material was sent to a 
                facility that recycled used oil by using it as feed 
                stock for the manufacture of a new saleable product;
                    ``(B) the person met the criteria specified in 
                paragraphs (1)(D) and (1)(E) of subsection (c), as 
                modified by paragraphs (2) and (3) of subsection (c), 
                with respect to used oil; and
                    ``(C) regulations or standards for the management 
                of used oil promulgated under the Solid Waste Disposal 
                Act (42 U.S.C. 6901 et seq.) were in effect on the date 
                of the transaction and the person was in compliance 
                with such regulations or standards and any amendment 
                thereto.
            ``(2) Used oil defined.--In this subsection, the term `used 
        oil' means any oil that has been refined from crude oil, or any 
        synthetic oil, that has been used or stored. Such term does not 
        include any oil that is subject to regulation under section 
        6(e)(1)(A) of the Toxic Substances Control Act (15 U.S.C. 
        2605(e)(1)(A)), relating to regulations prescribing methods for 
        disposal of polychlorinated biphenyls.
    ``(g) Exclusions.--
            ``(1) In general.--The exemptions set forth in subsections 
        (c), (d), (e), and (f) shall not apply if--
                    ``(A) the person had an objectively reasonable 
                basis to believe at the time of the recycling 
                transaction that--
                            ``(i) the recyclable material would not be 
                        recycled;
                            ``(ii) in the case of recyclable materials 
                        other than used oil meeting used oil 
                        specifications promulgated under the Solid 
                        Waste Disposal Act (42 U.S.C. 6901 et seq.), 
                        the recyclable material would be burned as fuel 
                        or for energy recov
2000
ery or incineration; or
                            ``(iii) for transactions occurring on or 
                        before the 90th day following the date of the 
                        enactment of this section, the consuming 
                        facility was not in compliance with a 
                        substantive (not a procedural or 
                        administrative) provision of any Federal, 
                        State, or local environmental law or 
                        regulation, or compliance order or decree 
                        issued pursuant thereto, applicable to the 
                        handling, processing, reclamation, or other 
                        management activities associated with the 
                        recyclable material;
                    ``(B) the person had reason to believe that 
                hazardous substances had been added to the recyclable 
                material for purposes other than processing for 
                recycling; or
                    ``(C) the person failed to exercise reasonable care 
                with respect to the management and handling of the 
                recyclable material (including adhering to customary 
                industry practices current at the time of the recycling 
                transaction designed to minimize, through source 
                control, contamination of the recyclable material by 
                hazardous substances).
            ``(2) Objectively reasonable basis.--For purposes of 
        paragraph (1)(A), an objectively reasonable basis for belief 
        shall be determined using criteria that include the size of the 
        person's business, customary industry practices (including 
        customary industry practices current at the time of the 
        recycling transaction designed to minimize, through source 
        control, contamination of the recyclable material by hazardous 
        substances), the price paid in the recycling transaction, and 
        the ability of the person to detect the nature of the consuming 
        facility's operations concerning its handling, processing, 
        reclamation, or other management activities associated with the 
        recyclable material.
            ``(3) Treatment of certain requirements as substantive 
        provisions.--For purposes of this subsection, a requirement to 
        obtain a permit applicable to the handling, processing, 
        reclamation, or other management activities associated with 
        recyclable material shall be deemed to be a substantive 
        provision.
    ``(h) Effect on Owner Liability.--Nothing in this section shall be 
deemed to affect the liability of a person under section 107(a)(1) or 
107(a)(2).
    ``(i) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect--
            ``(1) liability under any other Federal, State, or local 
        statute or regulation promulgated pursuant to any such statute, 
        including any requirements promulgated by the Administrator 
        under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
            ``(2) the ability of the Administrator to promulgate 
        regulations under any other statute, including the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.).
    ``(j) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to--
            ``(1) affect any rights, defenses or liabilities under 
        section 107 of any person with respect to any transaction 
        involving any material other than a recyclable material subject 
        to subsection (a) of this section; or
            ``(2) relieve a plaintiff of the burden of proof that the 
        elements of liability under section 107 are met under the 
        particular circumstances of any transaction for which liability 
        is alleged.''.
    (b) Service Station Dealers.--Section 114(c) (42 U.S.C. 9614(c)) is 
amended--
            (1) in paragraph (1)(B) by striking ``authorities.'' and 
        inserting ``authorities that were in effect on the date of such 
        activity.'';
            (2) in paragraph (2)--
                    (A) by striking ``a service station dealer may 
                presume that'';
                    (B) by striking ``is not mixed with'' and inserting 
                ``is presumed to be not mixed with''; and
                    (C) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) has been removed from the engine of a light 
                duty motor vehicle or household appliance by the owner 
                of such vehicle or appliance and is presented by such 
                owner to the dealer for collection, accumulation, and 
                delivery to an oil recycling facility; or
                    ``(B) has been removed from such an engine or 
                appliance by the dealer for collection, accumulation, 
                and delivery to an oil recycling facility.''; and
            (3) by striking paragraph (4).

SEC. 310. ALLOCATION.

    Title I (42 U.S.C. 9601 et seq.) is amended by adding at the end 
the following new section:

``SEC. 131. ALLOCATION.

    ``(a) Purpose of Allocation.--The purpose of an allocation under 
this section is to determine an equitable allocation of the costs of a 
removal or remedial action at a facility on the National Priorities 
List that is eligible for an allocation under this section, including 
the share to be borne by the Trust Fund under subsection (i).
    ``(b) Eligible Response Action.--
            ``(1) In general.--A removal or remedial action is eligible 
        for an allocation under this section if the action is at a 
        facility on the National Priorities List and if--
                    ``(A) the performance of the removal or remedial 
                action is not the subject of an administrative order or 
                consent decree as of March 25, 1999;
                    ``(B) the President's estimate of the costs for 
                performing such removal or remedial action that have 
                not been recovered by the President as of March 25, 
                1999, exceeds $2,000,000; and
                    ``(C) there are response costs attributable to the 
                Fund share under subsection (i).
            ``(2) Excluded response actions.--
                    ``(A) Chain of title sites.--Notwithstanding 
                paragraph (1), a removal or remedial action is not 
                eligible for an allocation if--
                            ``(i) the facility is located on a 
                        contiguous area of real property under common 
                        ownership or control; and
                            ``(ii) all of the parties potentially 
                        liable for response costs are current or former 
                        owners or operators of such facility,
                unless the current owner of such facility is insolvent 
                or defunct.
                    ``(B) Current owner.--If the current owner of the 
                property on which the facility is located is not liable 
                under section 107(b)(2), the owner immediately 
                preceding such owner shall be considered to be the 
current owner of the property for purposes of subparagraph (A).
                    ``(C) Affiliated parties.--If the current owner is 
                affiliated with any other person through any direct or 
                indirect familial relationship or any contractual, 
                corporate, or financial relationship other than that 
                created by instruments by which title to the facility 
                is conveyed or financed or by a contract for the sale 
                of goods or services, and such other person is liable 
                for response costs at the facility, such other person's 
                assets may be considered assets of the current owner 
                when determining under subp
2000
aragraph (A) whether the 
                current owner is insolvent or defunct.
    ``(c) Discretionary Allocation Process.--Notwithstanding subsection 
(b), the President may initiate an allocation under this section for 
any removal or remedial action at a facility listed on the National 
Priorities List and may provide a Fund share under subsection (i).
    ``(d) Allocation Process.--For each eligible removal or remedial 
action, the President shall ensure that a fair and equitable allocation 
of liability is undertaken at an appropriate time by a neutral 
allocator selected by agreement of the parties under such process or 
procedures as are agreed to by the parties. An allocation under this 
section shall apply to subsequent removal or remedial actions for a 
facility unless the allocator determines that the allocation should 
address only one or more of such removal or remedial actions.
    ``(e) Early Offer of Settlement.--As soon as practicable and prior 
to the selection of an allocator, the President shall provide an 
estimate of the aggregate Fund share in accordance with subsection (i). 
The President shall offer to contribute to a settlement of liability 
for response costs on the basis of this estimate.
    ``(f) Representation of the United States and Affected States.--The 
Administrator or the Attorney General, as a representative of the Fund, 
and a representative of any State that is or may be responsible 
pursuant to section 104(c)(3) for any costs of a removal or remedial 
action that is the subject of an allocation shall be entitled to 
participate in the allocation proceeding to the same extent as any 
potentially responsible party.
    ``(g) Moratorium on Litigation.--
            ``(1) Moratorium on litigation.--No person may commence any 
        civil action or assert any claim under this Act seeking 
        recovery of any response costs, or contribution toward such 
        costs, in connection with any response action for which the 
        President has initiated an allocation under this section, until 
        150 days after issuance of the allocator's report or of a 
        report under this section.
            ``(2) Stay.--If any action or claim referred to in 
        paragraph (1) is pending on the date of enactment of this 
        section or on the date of initiation of an allocation, such 
        action or claim (including any pendant claim under State law 
        over which a court is exercising jurisdiction) shall be stayed 
        until 150 days after the issuance of the allocator's report or 
        of a report under this section, unless the court determines 
        that a stay will result in manifest injustice.
            ``(3) Tolling of limitations period.--Any applicable 
        limitations period with respect to actions subject to paragraph 
        (1) shall be tolled from the earlier of--
                    ``(A) the date of listing of the facility on the 
                National Priorities List, where such listing occurs 
                after the date of enactment of this section; or
                    ``(B) the commencement of the allocation process 
                pursuant to this section, until 180 days after the 
                President rejects or waives the President's right to 
                reject the allocator's report.
    ``(h) Effect on Principles of Liability.--The allocation process 
under this section shall not be construed to modify or affect in any 
way the principles of liability under this title as determined by the 
courts of the United States.
    ``(i) Fund Share.--For each removal or remedial action that is the 
subject of an allocation under this section, the allocator shall 
determine the share of response costs, if any, to be allocated to the 
Fund. The Fund share shall consist of the sum of following amounts:
            ``(1) The amount attributable to the aggregate share of 
        response costs that the allocator determines to be attributable 
        to parties who are not affiliated with any potentially 
        responsible party and whom the President determines are 
        insolvent or defunct.
            ``(2) The amount attributable to the difference in the 
        aggregate share of response costs that the allocator determines 
        to be attributable to parties who have resolved their liability 
        to the United States under section 122(g)(1)(B) (relating to 
        limited ability to pay settlements) for the removal or remedial 
        action and the amount actually assumed by those parties in any 
        settlement for the response action with the United States.
            ``(3) Except as provided in subsection (j), the amount 
        attributable to the aggregate share of response costs that the 
        allocator determines to be attributable to persons who are 
        entitled to an exemption from liability under subsection (o) or 
        (p) of section 107 or section 114(c) or 130 at a facility or 
        vessel on the National Priorities List.
            ``(4) The amount attributable to the difference in the 
        aggregate share of response costs that an allocator determines 
        to be attributable to persons subject to a limitation on 
        liability under section 107(p) or 107(q) and the amount 
        actually assumed by those parties in accordance with such 
        limitation.
    ``(j) Certain MSW Generators.--Notwithstanding subsection (i)(3), 
the allocator shall not attribute any response costs to any person who 
would have been liable under section 107(a)(3) or 107(a)(4) but for the 
exemption from liability under section 107(p)(3).
    ``(k) Unattributable Share.--The share attributable to the 
aggregate share of response costs incurred to respond to materials 
containing hazardous substances for which no generator, transporter, or 
owner or operator at the time of disposal or placement, can be 
identified shall be divided pro rata among the potentially responsible 
parties and the Fund share determined under subsection (i).
    ``(l) Expedited Allocation.--At the request of the potentially 
responsible parties or the United States, to assist in reaching 
settlement, the allocator may, prior to reaching a final allocation of 
response costs among all parties, first provide an estimate of the 
aggregate Fund share, in accordance with subsection (i), and an 
estimate of the aggregate share of the potentially responsible parties.
    ``(m) Settlement Before Allocation Determination.--
            ``(1) Settlement of all removal or remedial costs.--A group 
        of potentially responsible parties may submit to the allocator 
        a private allocation for any removal or remedial action that is 
        within the scope of the allocation. If such private allocation 
        meets each of the following criteria, the allocator shall 
        promptly adopt it as the allocation report:
                    ``(A) The private allocation is a binding 
                allocation of at least 80 percent of the past, present, 
                and future costs of the removal or remedial action.
                    ``(B) The private allocation does not allocate any 
                share to any person who is not a signatory to the 
                private allocation.
                    ``(C) The signatories to the private allocation 
                waive their rights to seek recovery of removal or 
                remedial costs or contribution under this Act with 
                respect to the removal or remedial action from any 
                other party at the facility.
            ``(2) Other settlements.--The President may use the 
        authority under section 122(g) to enter into settlement 
        agreements with respect to any response action that is the 
        subject of an allocation at any time.
    ``(n) Settlements Based on Allocations.--
            ``(1) In general.--Subject to paragraph (2), the President 
        shall accept an offer of settlement of liability for response 
        costs for a removal or remedial action that is the subject of 
        an allocation
2000
 if--
                    ``(A) the offer is made within 90 days after 
                issuance of the allocator's report; and
                    ``(B) the offer is based on the share of response 
                costs specified by the allocator and such other terms 
                and conditions (other than the allocated share of 
                response costs) as are acceptable to the President.
            ``(2) Rejection of allocation report.--The requirement of 
        paragraph (1) to accept an offer of settlement shall not apply 
        if the Administrator and the Attorney General reject the 
        allocation report.
    ``(o) Reimbursement for UAO Performance.--
            ``(1) Reimbursement.--The Administrator shall enter into 
        agreements to provide mixed funding to reimburse parties who 
        satisfactorily perform, pursuant to an administrative order 
        issued under section 106, a removal or remedial action eligible 
        for an allocation under subsection (b) for the reasonable and 
        necessary costs of such removal or remedial action to the 
        extent that--
                    ``(A) the costs incurred by a performing party 
                exceed the share of response costs assigned to such 
                party in an allocation that is performed in accordance 
                with the provisions of this section;
                    ``(B) the allocation is not rejected by the United 
                States; and
                    ``(C) the performing party, in consideration for 
                such reimbursement--
                            ``(i) agrees not to contest liability for 
                        all response costs not inconsistent with the 
                        National Contingency Plan to the extent of the 
                        allocated share;
                            ``(ii) receives no covenant not to sue; and
                            ``(iii) waives contribution rights against 
                        all parties who are potentially responsible 
                        parties for the response action, as well as 
                        waives any rights to challenge any settlement 
                        the President enters into with any other 
                        potentially responsible party.
            ``(2) Offset.--Any reimbursement provided to a performing 
        party under this subsection shall be subject to equitable 
        offset or reduction by the Administrator upon a finding of a 
        failure to perform any aspect of the remedy in a proper and 
        timely manner.
            ``(3) Time of payment.--Any reimbursement to a performing 
        party under this subsection shall be paid after work is 
        completed, but no sooner than completion of the construction of 
        the remedial action and, subject to paragraph (5), without any 
        increase for interest or inflation.
            ``(4) Limit on amount of reimbursement.--The amount of 
        reimbursement under this subsection shall be further limited as 
        follows:
                    ``(A) Performing parties who waive their right to 
                challenge remedy selection at the end of the moratorium 
                following allocation shall be entitled to reimbursement 
                of actual dollars spent by each such performing party 
                in excess of the party's share and attributable by the 
                allocator to the Fund share under subsection (i).
                    ``(B) Performing parties who retain their right to 
                challenge the remedy shall be reimbursed (i) for actual 
                dollars spent by each such performing party, but not to 
                exceed 90 percent of the Fund share, or (ii) an amount 
                equal to 80 percent of the Fund share if the Fund share 
                is less than 20 percent of responsibility at the site.
            ``(5) Reimbursement of shares attributable to other 
        parties.--If reimbursement is made under this subsection to a 
        performing party for work in excess of the performing party's 
        allocated share that is not attributable to the Fund share, the 
        performing party shall be entitled to all interest (prejudgment 
        and post judgment, whether recovered from a party or earned in 
        a site account) that has accrued on money recovered by the 
        United States from other parties for such work at the time 
construction of the remedy is completed.
            ``(6) Reimbursement claims.--The Administrator shall 
        require that all claims for reimbursement be supported by--
                    ``(A) documentation of actual costs incurred; and
                    ``(B) sufficient information to enable the 
                Administrator to determine whether such costs were 
                reasonable.
            ``(7) Independent auditing.--The Administrator may require 
        independent auditing of any claim for reimbursement.
    ``(p) Post-Settlement Litigation.--Following expiration of the 
moratorium periods under subsection (g), the United States may request 
the court to lift the stay and proceed with an action under this Act 
against any potentially responsible party that has not resolved its 
liability to the United States following an allocation, seeking to 
recover response costs that are not recovered through settlements with 
other persons. All such actions shall be governed by the principles of 
liability under this Act as determined by the courts of the United 
States.
    ``(q) Response Costs.--
            ``(1) Description.--The following costs shall be considered 
        response costs for purposes of this Act:
                    ``(A) Costs incurred by the United States and the 
                court of implementing the allocation procedure set 
                forth in this section, including reasonable fees and 
                expenses of the allocator.
                    ``(B) Costs paid from amounts made available under 
                section 111(a)(1).
            ``(2) Settled parties.--Any costs of allocation described 
        in paragraph (1)(A) and incurred after a party has settled all 
        of its liability with respect to the response action or actions 
        that are the subject of the allocation may not be recovered 
        from such party.
    ``(r) Federal, State, and Local Agencies.--All Federal, State, and 
local governmental departments, agencies, or instrumentalities that are 
identified as potentially responsible parties shall be subject to, and 
be entitled to the benefits of, the allocation process and allocation 
determination provided by this section to the same extent as any other 
party.
    ``(s) Source of Funds.--Payments made by the Trust Fund, or work 
performed on behalf of the Trust Fund, to meet obligations incurred by 
the President under this section to pay a Fund share or to reimburse 
parties for costs incurred in excess of the parties' allocated shares 
under subsections (e), (m), (n), or (o) shall be funded from amounts 
made available by section 111(a)(1).
    ``(t) Savings Provisions.--Except as otherwise expressly provided, 
nothing in this section shall limit or affect the following:
            ``(1) The President's--
                    ``(A) authority to exercise the powers conferred by 
                sections 103, 104, 105, 106, 107, or 122;
                    ``(B) authority to commence an action against a 
                party where there is a contemporaneous filing of a 
                judicial consent decree resolving that party's 
                liability;
                    ``(C) authority to file a proof of claim or take 
                other action in a proceeding under title 11, United 
                States Code;
                    ``(D) authority to file a petition to preserve 
                testimony under Rule 27 of the Federal Rules of Civil 
                Procedure; or
                    ``(E) authority to take action to prevent 
                dissipation of assets, including act
2000
ions under chapter 
                176 of title 28, United States Code.
            ``(2) The ability of any person to resolve its liability at 
        a facility to any other person at any time before or during the 
        allocation process.
            ``(3) The validity, enforceability, finality, or merits of 
        any judicial or administrative order, judgment, or decree 
        issued, signed, lodged, or entered, before the date of 
        enactment of this paragraph with respect to liability under 
        this Act, or authority to modify any such order, judgment, or 
        decree with regard to the response action addressed in the 
        order, judgment or decree.
            ``(4) The validity, enforceability, finality, or merits of 
        any pre-existing contract or agreement relating to any 
        allocation of responsibility or any indemnity for, or sharing 
        of, any response costs under this Act.''.

                       TITLE IV--REMEDY SELECTION

SEC. 401. REMEDY SELECTION.

    (a) General Rules.--Section 121(b)(1) (42 U.S.C. 9621(b)(1)) is 
amended--
            (1) by inserting after the first sentence the following: 
        ``The preference referred to in the preceding sentence may be 
        implemented in accordance with the November 1991, Environmental 
        Protection Agency, Office of Solid Waste and Emergency Response 
        Publication No. 9380.3-06FS, `A Guide to Principal Threat and 
        Low Level Threat Waste'.'';
            (2) by striking ``and'' at the end of subparagraph (F);
            (3) by striking the period at the end of subparagraph (G) 
        and inserting ``; and''; and
            (4) by inserting after subparagraph (G) the following:
            ``(H) the effectiveness of the remedial action in making 
        contaminated property available for beneficial use.''.
    (b) Site Review Requirement.--Section 121(c) (42 U.S.C. 9621(c)) is 
amended--
            (1) in the first sentence by striking ``the initiation of'' 
        and inserting ``construction and installation of equipment and 
        structures to be used for''; and
            (2) by inserting after the first sentence the following: 
        ``The President shall review the effectiveness of and 
        compliance with any institutional controls related to the 
        remedial action during the review.''.
    (c) Degree of Cleanup.--Section 121(d) (42 U.S.C. 9621(d)) is 
amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (4), (5), and (6), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Health and environmental standards.--
                    ``(A) Exposure information.--In any case in which 
                an exposure assessment is conducted, such assessment 
                shall be consistent with the current and reasonably 
                anticipated future uses of land, water, and other 
                resources as identified under paragraph (3). 
                Information used by the President to determine 
                potential exposures shall include information made 
                available to the President on actual exposure to 
                hazardous substances or pollutants or contaminants that 
                the President determines is valid and reliable and any 
                other relevant information.
                    ``(B) Plants and animals.--In determining what is 
                protective of plants and animals for purposes of this 
                section, the President shall base such determinations 
                on the significance of impacts from a release or 
                releases of hazardous substances from a facility to 
                local populations or communities of plants and animals 
                or ecosystems. If a species is listed as threatened or 
                endangered under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.) impacts to individual plants or 
                animals may be considered to be impacts to populations 
                of plants or animals.
            ``(3) Anticipated use of land, water, and other 
        resources.--
                    ``(A) In general.--To assist in selecting the 
                method or methods of remediation appropriate for a 
                given facility, the President shall identify the 
                current and reasonably anticipated uses of land, water, 
                and other resources at and around the facility and the 
                timing of such uses.
                    ``(B) Reasonably anticipated uses of land.--In 
                identifying reasonably anticipated uses of land and the 
                timing of such uses, the President shall consider 
                relevant information identified through a process that 
                includes solicitation of the views of interested 
                parties, including the affected local government and 
                the affected local community. The President may meet 
                this requirement though the process outlined in the May 
                25, 1995, Environmental Protection Agency, Office of 
                Solid Waste and Emergency Response Directive No. 
                9355.7-04, pertaining to `Land Use in the CERCLA Remedy 
                Selection Process'.
                    ``(C) Reasonably anticipated uses of water.--In 
                identifying reasonably anticipated uses of water and 
                the timing of such uses, the President shall consider 
                relevant information identified through a process that 
                includes solicitation of the views of interested 
                parties, including the affected State, the affected 
                local government, the affected local community, and 
                affected local water suppliers.
                    ``(D) Special rules for ground water.--The 
                President shall meet the requirements of subparagraph 
                (C) for ground water as follows:
                            ``(i) If a State has a comprehensive State 
                        ground water protection program that has 
                        provisions for making site-specific 
                        determinations of use and timing of use and 
                        that has received a written endorsement by the 
                        President, the President shall use the State 
                        determinations of use and timing of use that 
                        are based on such program.
                            ``(ii) If a State does not have a program 
                        described in clause (i), the President shall 
                        identify the reasonably anticipated uses of 
                        ground water and the timing of such uses as 
                        provided in subparagraph (C). In conducting the 
                        analysis, the President shall begin with the 
                        presumption that ground water is drinking 
                        water, if the ground water is within an aquifer 
                        that is classified by a State or the 
                        Administrator as a drinking water aquifer or if 
                        the ground water is within an aquifer that has 
                        not been classified. The presumption may be 
                        rebutted through site-specific information 
                        identified through the analysis of relevant 
                        factors under subparagraph (C).
                            ``(iii) Unless the State has made a 
                        specific determination otherwise under clause 
                        (i), a current or reasonably anticipated 
                        beneficial use of ground water shall not be 
                        identified as drinking water if--
                                    ``(I) the ground water contains 
                                more than 10,000 milligrams per 
2000
liter 
                                total dissolved solids;
                                    ``(II) the ground water is so 
                                contaminated by naturally occurring 
                                conditions or by the effects of broad-
                                scale human activity unrelated to a 
                                specific activity that restoration to 
drinking water quality is impracticable; or
                                    ``(III) the potential source of 
                                drinking water is physically incapable 
                                of yielding a quantity of 150 gallons 
                                per day of water to a well or spring 
                                without adverse environmental 
                                consequences, unless available 
                                information indicates that such source 
                                is used as a source of drinking water.
                            ``(iv) Following identification of the 
                        reasonably anticipated uses of ground water, 
                        the President may utilize the phased approach 
                        to ground water remediation identified in 
                        October 1996 Environmental Protection Agency, 
                        Office of Solid Waste and Emergency Response 
                        Directive No. 9283.1-12, pertaining to 
                        `Presumptive Response Strategy and Ex-Situ 
                        Treatment Technologies for Contaminated Ground 
                        Water at CERCLA Sites'.
                    ``(E) Institutional controls.--Assumptions 
                restricting future uses can be used in evaluating 
                remedial alternatives only to the extent that 
                institutional controls meeting the criteria of 
                subsection (g) are identified.
                    ``(F) Inclusion in administrative record.--All 
                information considered by the President in evaluating 
                current and reasonably anticipated future land or water 
                uses under this subsection shall be included in the 
                administrative record under section 113(k).'';
            (3) in paragraph (4) (as redesignated by paragraph (1) of 
        this subsection) by inserting ``Legally applicable standards.--
        '' before ``With respect to'';
            (4) in paragraph (4)(A) (as redesignated by paragraph (1) 
        of this subsection)--
                    (A) by inserting ``that is generally applicable, 
                that is consistently applied to response actions in the 
                State,'' after ``subparagraph (A),'';
                    (B) by striking ``or is relevant and appropriate'';
                    (C) by striking ``or relevant and appropriate'';
                    (D) by striking ``Level Goals'' and inserting 
                ``Levels'';
                    (E) by striking ``goals or'' and inserting ``levels 
                or''; and
                    (F) by adding at the end the following:
``The President shall closely examine whether a requirement is of 
general applicability under clause (ii) if, in practice, the 
requirement only applies to one facility in the State or if the 
requirement only applies to facilities owned or operated by the United 
States.'';
            (5) in paragraph (5) (as redesignated by paragraph (1) of 
        this subsection) by inserting ``Limitation on transfers.--'' 
        before ``In the case of'';
            (6) in paragraph (6) (as redesignated by paragraph (1) of 
        this subsection)--
                    (A) by inserting ``Waivers.--'' before ``The 
                President''; and
                    (B) by striking ``(2)'' and inserting ``(4)'';
            (7) by adding at the end the following:
            ``(7) Exclusions.--The standards, requirements, criteria, 
        and limitations referred to in paragraph (4) shall not include 
        any requirement for a reduction in concentrations of 
        contaminants below background levels.''; and
            (8) by aligning paragraphs (4), (5), and (6) (as so 
        redesignated) with paragraph (7) (as added by paragraph (7) of 
        this subsection) and the subparagraphs, clauses, and subclauses 
        in such paragraphs accordingly.
    (d) States Adjoining Certain Facilities.--Section 121(f) (42 U.S.C. 
9621(f)) is amended by adding at the end the following new paragraph:
            ``(4) States adjoining certain facilities.--The President 
        shall modify regulations promulgated pursuant to paragraph (1) 
        to provide to any adjoining State within a 50-mile radius of a 
        facility owned or operated by the Department of Energy the same 
        rights as are provided by this subsection to the State in which 
        such facility is located.''.
    (e) Institutional Controls.--Section 121 (42 U.S.C. 9621) is 
amended by adding at the end the following:
    ``(g) Institutional Controls.--
            ``(1) Use and implementation.--In any case in which the 
        President selects a remedial action that allows hazardous 
        substances to remain on-site at a facility above concentration 
        levels that would be protective for unrestricted use, the 
        President--
                    ``(A) shall include, as a component of the remedy, 
                restrictions on the use of land, water, or other 
                resources necessary to provide long-term protection of 
                human health and the environment;
                    ``(B) shall require, as a component of the remedy, 
                ongoing monitoring and operation and maintenance of the 
                remedy and such remedy shall not be determined to be 
                complete until such monitoring and operation and 
                maintenance are established;
                    ``(C) shall require, as a component of the remedy, 
                that any necessary institutional controls are 
                effective, implemented, and subject to appropriate 
                monitoring and enforcement;
                    ``(D) shall ensure through authorities provided 
                under this Act, including the reviews conducted under 
                subsection (c), that any necessary institutional 
                controls remain in effect as long as necessary to 
                protect human health and the environment, including 
                ensuring that the enforceability of such institutional 
                controls will not be adversely affected by any transfer 
                of the property subject to the controls.
            ``(2) Restrictions on use.--The President may use 
        institutional controls as a supplement to, but not as a 
        substitute for, other response measures at a facility, except 
        in extraordinary circumstances.
            ``(3) Notice.--Whenever the President selects, in 
        accordance with paragraph (1), a remedy at a facility that 
        relies on institutional controls as an integral component of 
        the remedy, the President shall--
                  ``(A) clearly specify in the record of decision the 
                anticipated restrictions on uses of land, water, or 
                other resources or activities at the facility and the 
                terms of anticipated institutional controls to 
                implement those restrictions;
                    ``(B) specify such restrictions and controls in all 
                other appropriate remedy decision documents and other 
                public information regarding the site, along with 
                identification of the unit of government primarily 
                responsible for monitoring and enforcement of the 
                institutional controls;
                    ``(C) provide public notice of such controls and, 
                in the case of a deed restriction, easement, or other 
                similar me
2000
asure, incorporate the measure in the public 
                land records for the jurisdiction in which the affected 
                property is located;
                    ``(D) to the extent that institutional controls 
                will be implemented pursuant to an order under section 
                106, record, in accordance with State law, a notation 
                on the deed to the facility property, or on some other 
                instrument which is normally examined during a title 
                search, that will notify any potential purchaser that 
                use restrictions are or will be placed on the facility 
                property pursuant to an order issued under section 106; 
                and
                    ``(E) undertake any change in the nature or form of 
                institutional controls at the facility in a manner 
                consistent with section 117 and give notice pursuant to 
                the requirements of section 104.
            ``(4) Registry.--The President shall establish and maintain 
        a registry of restrictions on the use of land, water, or other 
        resources through institutional controls that are included in 
        final records of decision as a component of the remedy at 
        facilities that are, or have been, on the National Priorities 
        List. The registry shall identify the property and the nature 
        or form of the institution controls, including any subsequent 
        changes in the nature or form of such controls.
            ``(5) Annual report.--On or before March 1, 2000, and 
        annually thereafter, the Administrator shall transmit to the 
        Committee on Commerce and the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report on each record of decision signed during the previous 
        fiscal year, the type of institutional controls and media 
        affected, and the unit of government designated to monitor, 
        enforce, and ensure compliance with the institutional 
        controls.''.
    (f) Remedial Design.--Section 121 is further amended by adding at 
the end the following:
    ``(h) Remedial Design.--Where appropriate and practicable, remedial 
designs for remedies selected under this section shall seek to 
accommodate existing beneficial uses of the contaminated property and 
shall seek to expedite the return of contaminated property to 
beneficial use, including the return to beneficial use of separate 
areas within a facility prior to completion of the remedial action for 
an entire facility.''.

SEC. 402. HAZARDOUS SUBSTANCE PROPERTY USE.

    Section 104 (42 U.S.C. 9604) is amended by adding at the end the 
following:
    ``(k) Hazardous Substance Property Use.--
            ``(1) Authority of president to acquire easements.--In 
        connection with any remedial action under this Act, in order to 
        prevent exposure to, reduce the likelihood of, or otherwise 
        respond to a release or threatened release of a hazardous 
        substance, pollutant, or contaminant, the President may 
        acquire, at fair market value, or for other consideration as 
        agreed to by the parties, a hazardous substance easement which 
        restricts, limits, or controls the use of land or other natural 
        resources, including specifying permissible or impermissible 
        uses of land, prohibiting specified activities upon property, 
        prohibiting the drilling of wells or use of ground water, or 
        restricting the use of surface water.
            ``(2) Use of easements.--A hazardous substance easement 
        under this subsection may be used wherever institutional 
        controls have been selected as a component of a remedial action 
        under this Act and the National Contingency Plan.
            ``(3) Persons subject to easements.--A hazardous substance 
        easement shall be enforceable in perpetuity (unless terminated 
        and released as provided for in this section) against any owner 
        of the affected property and all persons who subsequently 
        acquire an interest in the property or rights to use the 
        property, including lessees, licensees, and any other person 
        with an interest in the property, without respect to privity or 
        lack of privity of estate or contract, lack of benefit running 
        to any other property, assignment of the easement to another 
        party or sale or other transfer of the burdened property, 
or any other circumstance which might otherwise affect the 
enforceability of easements or similar deed restrictions under the laws 
of the State. The easement shall be binding upon holders of any other 
interests in the property regardless of whether such interests are 
recorded or whether they were recorded prior or subsequent to the 
easement, and shall remain in effect notwithstanding any foreclosure or 
other assertion of such interests.
            ``(4) Contents of easements.--A hazardous substance 
        easement shall contain, at a minimum--
                    ``(A) a legal description of the property affected;
                    ``(B) the name or names of all current owner or 
                owners of the property as reflected in public land 
                records;
                    ``(C) a description of the release or threatened 
                release; and
                    ``(D) a statement as to the nature of the 
                restriction, limitation, or control created by the 
                easement.
            ``(5) Recording and filing of easement.--Whenever the 
        President acquires a hazardous substance easement or assigns a 
        hazardous substance easement to another party, the President 
        shall record the easement in the public land records for the 
        jurisdiction in which the affected property is located. If the 
        State has not by law designated an office for the recording of 
        interests in real property or claims or rights burdening real 
        property, the easement shall be filed in the office of the 
        clerk of the United States district court for the district in 
        which the affected property is located and added to the 
        registry established under section 121(g)(4).
            ``(6) Methods of acquiring easements.--The President may 
        acquire a hazardous substance easement by purchase or other 
        agreement, by condemnation, or by any other means permitted by 
        law. Compensation for such easement shall be at fair market 
        value, or for other consideration as agreed to by the parties, 
        for the interest acquired.
            ``(7) Assignment of easements to parties other than the 
        president.--
                    ``(A) Authority to assign.--The President may, 
                where appropriate and with the consent of the State or 
                other governmental entity, assign an easement acquired 
                under this subsection to a State or other governmental 
                entity that has the capability of effectively enforcing 
                the easement over the period of time necessary to 
                achieve the purposes of the easement. In the case of 
                any assignment, the easement shall also be fully 
                enforceable by the assignee. Any assignment of such an 
                easement by the President may be made by following the 
                same procedures as are used for the transfer of an 
                interest in real property to a State under subsection 
                (j).
                    ``(B) Easements held by other persons.--
                            ``(i) Designation as hazardous substance 
                        easements.--Subject to clause (ii), in a case 
                        in which an institutional control is a 
                        component of a remedy selected under section 
                        121 at a facility
2000
 listed on the National 
                        Priorities List, the owner of property and the 
                        potential holder of a restrictive easement may 
                        expressly designate, in writing, any interest 
                        in property as a hazardous substance easement 
                        for the purpose of restricting or limiting the 
                        use of land, water, or other resources in order 
                        to prevent exposure to, reduce the likelihood 
                        of, or otherwise respond to a release or 
                        threatened release of a hazardous substance, 
                        pollutant, or contaminant from such a facility.
                            ``(ii) Conditions.--An interest in property 
                        may be designated as a hazardous substance 
                        easement under clause (i) only if such interest 
                        is granted to a State, an Indian Tribe, another 
                        governmental entity, or other person that has 
                        the capability of effectively enforcing the 
                        easement over the period of time necessary to 
                        achieve the purpose of the easement, and such 
                        State, Tribe, governmental entity, or person 
                        consents to the transfer.
                            ``(iii) Effect of designation.--When 
                        properly recorded or filed under paragraph (5), 
                        a hazardous substance easement designated under 
                        clause (i) shall create the same rights, have 
                        the same legal effect, and be enforceable in 
                        the same manner as a hazardous substance 
                        easement acquired by the President regardless 
                        of whether the interest in property is 
                        otherwise denominated as an easement, covenant, 
                        or any other form of property right.
            ``(8) Public notice.--Not later than 180 days after the 
        date of the enactment of this subsection, the President shall 
        issue regulations regarding the procedures to be used for 
        public notice of proposed property use restrictions. Such 
        regulations shall ensure that before acquiring a hazardous 
        substance easement, before recording any notice of such 
        easement, and before terminating or modifying a hazardous 
        substance easement, the President will give notice and an 
        opportunity to comment to the owner of the affected property, 
        all other persons with recorded interests in the property, any 
        lessees or other authorized occupants of the property known to 
        the President, the State and any municipalities in which the 
        property is located, any relevant community advisory group, the 
        affected community, and the general public.
            ``(9) Termination or modification of easements.--An 
        easement acquired under this subsection shall remain in force 
        until the Administrator approves a modification or termination 
        and release of the easement and, following such approval, the 
        holder of the easement executes and records such modification 
        or termination and release in accordance with the terms of the 
        easement. Such modification or termination shall be recorded in 
        the same manner as the easement. A person may conduct 
        additional response actions at a facility to allow for 
        unrestricted use of the facility and may subsequently request 
        termination of the easement. Such a request shall be granted by 
        the holder of the easement and approved by the President, in 
        the discretion of the holder and the President, if the holder 
        and the President determine that the easement is no longer 
        necessary to protect human health and the environment.
            ``(10) Enforcement.--
                    ``(A) Effect of violations.--Violation of any 
                restriction, limitation, or control imposed under a 
                hazardous substance easement shall have the same effect 
                as failure to comply with an order issued under section 
                106 and relief may be sought either in enforcement 
                actions under section 106(b)(1) or section 120(g), by 
                States under section 121(e)(2), or in citizens suits 
                under section 310. No citizens suit under section 310 
                to enforce such a notice may be commenced if the holder 
                of the easement has commenced and is diligently 
                prosecuting an action in court to enforce the easement.
                    ``(B) Enforcement actions.--The President may take 
                appropriate enforcement actions to ensure compliance 
                with the terms of the easement whenever the President 
                determines that the terms set forth in the easement are 
                being violated. If the easement is held by a party 
                other than the President and that party has not taken 
                appropriate enforcement actions, the President may 
                notify the party of the violation. If the party does 
                not take appropriate enforcement actions within 30 days 
                of such notification, or sooner in the case of an 
                imminent hazard, the President may initiate such 
                enforcement actions.
                    ``(C) Savings clause.--Nothing in this section 
                shall limit rights or remedies available under other 
                laws.
            ``(11) Applicability of other provisions.--Holding a 
        hazardous substance easement shall not in itself subject either 
        the holder thereof or the owner of the affected property to 
        liability under section 107. Any such easement acquired by the 
        President shall not be subject to the requirements of 
        subsection (j)(2) or section 120(h). Nothing in this subsection 
        limits or modifies the authority of the President pursuant to 
        subsection (j)(1).''.

SEC. 403. RISK ASSESSMENT STANDARDS.

    Title I (42 U.S.C. 9601-9626) is amended by adding at the end the 
following:

``SEC. 132. RISK ASSESSMENT PRINCIPLES, GUIDELINES, AND REVIEWS.

    ``Risk assessments and characterizations conducted under this Act 
shall--
            ``(1) provide objective assessments, estimates, and 
        characterizations which neither minimize nor exaggerate the 
        nature and magnitude of risks to human health and the 
        environment;
            ``(2) distinguish scientific findings from other 
        considerations;
            ``(3) be based on all reasonably available, relevant, and 
        reliable scientific and technical information and shall 
        describe the process for selecting such information; and
            ``(4) be based on an analysis of the weight of scientific 
        evidence that supports conclusions about a problem's potential 
        risk to human health and the environment.''.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. TRUST FUND DEFINED.

    Section 101(11) (42 U.S.C. 9601(11)) is amended to read as follows:
            ``(11) The term `Fund' or `Trust Fund' means the Hazardous 
        Substance Superfund established by section 9507 of the Internal 
        Revenue Code of 1986.''.

SEC. 502. INDIAN TRIBES.

    (a) Treatment Generally.--Section 126(a) (42 U.S.C. 9626(a)) is 
amended--
            (1) by striking ``and section 105'' and inserting ``, 
        section 105'';
            (2) by inserting before the period at the end the 
        following: ``, section 117 (regarding public participation), 
        section 121 (regarding selection of remedies), and section 128 
        (regarding State voluntary cleanup programs)''; and
            (3) by adding at the end the
2000
 following: ``In applying this 
        subsection, any reference contained in a section identified in 
        the preceding sentence to a facility located in a State shall 
        include a facility located on lands within the jurisdiction of 
        a Federal Indian reservation under the jurisdiction of the 
        United States government.''.
    (b) Study.--Section 126(c) (42 U.S.C. 9626(c)) is amended to read 
as follows:
    ``(c) Health Impacts.--
            ``(1) Study.--The President shall conduct a study of the 
        health impacts on Indian tribes of pollutants, contaminants, 
        and hazardous substances released from facilities that have 
        been listed or proposed for listing on the National Priorities 
        List.
            ``(2) Report.--Not later than 2 years after the date of the 
        enactment of the Recycle America's Land Act of 2001, the 
        President shall transmit to Congress a report on the results of 
        the study conducted under this subsection.''.

SEC. 503. GRANTS FOR TRAINING AND EDUCATION OF WORKERS.

    Section 126(g) of the Superfund Amendments and Reauthorization Act 
of 1986 (42 U.S.C. 9660a) is amended--
            (1) by inserting ``from the Fund'' after ``Grants'' in each 
        of paragraphs (1), (2), and (3); and
            (2) by adding at the end the following:
            ``(4) Allocation of amounts.--Of the amounts made available 
        under section 111 to carry out this subsection in a fiscal 
        year, at least 20 percent shall be allocated to non-profit 
        organizations described in paragraph (3) for training minority 
        and other community-based workers who are or may be directly 
        engaged in hazardous waste removal or containment or emergency 
        response actions.''.

SEC. 504. STATE COST SHARE.

    Section 104(c)(3) (42 U.S.C. 9604(c)(3)) is amended to read as 
follows:
    ``(3) State cost share.--The President shall not provide any 
remedial actions pursuant to this section unless the State in which the 
release or threatened release occurs has entered into a contract or 
cooperative agreement with the President that provides assurances, 
deemed adequate by the President, that the State will pay or assure 
payment, in cash or through in-kind contribution, of 10 percent of the 
cost of such remedial action (other than any cost paid by the Fund 
under section 111(a)(1)) and 10 percent of the cost of operation and 
maintenance.''.

SEC. 505. STATE AND LOCAL REIMBURSEMENT FOR RESPONSE ACTIONS.

    Section 123 (42 U.S.C. 9623) is amended to read as follows:

``SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS.

    ``(a) Application.--Any State or general purpose unit of local 
government for a political subdivision which is affected by a release 
or threatened release at any facility may apply to the President for 
reimbursement under this section.
    ``(b) Reimbursement.--
            ``(1) Emergency response.--The President is authorized to 
        reimburse a State or general purpose unit of local government 
        for expenses incurred in carrying out emergency response 
        actions necessary to prevent or mitigate injury to human health 
        or the environment associated with the release or threatened 
        release of any hazardous substance or pollutant or contaminant. 
        Such actions may include, where appropriate, security fencing 
        to limit access, response to fires and explosions, and other 
        activities which require immediate response at the State or 
        local level.
            ``(2) State or local funds not supplanted.--Reimbursement 
        under this section shall not supplant State or local funds 
        normally provided for response.
    ``(c) Amount.--
            ``(1) Reimbursement to states and general purpose units of 
        local government.--The amount of any reimbursement to a State 
        or general purpose unit of local government under subsection 
        (b)(1) may not exceed $25,000 for a single response. The 
        reimbursement under this section with respect to a single 
        facility shall be limited to the State or general purpose unit 
        of local government having jurisdiction over the political 
        subdivision in which the facility is located.
            ``(2) Limitation.--The amounts allowed for the State and 
        general purpose units of local government may not be combined 
        for any single response action.
    ``(d) Procedure.--Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator within 1 year after the date of the enactment of the 
Recycle America's Land Act of 2001.''.

SEC. 506. STATE ROLE AT FEDERAL FACILITIES.

    Section 120(g) (42 U.S.C. 9620(g)) is amended to read as follows:
    ``(g) State Role at Federal Facilities.--
            ``(1) Enforcement and dispute resolution.--
                    ``(A) In general.--An interagency agreement under 
                this section between a State and any department, 
                agency, or instrumentality of the United States shall 
                be enforceable by the State or the Federal department, 
                agency, or instrumentality in the United States 
                district court for the district in which the facility 
                is located. The district court shall have the 
                jurisdiction to enforce compliance with any provision, 
                standard, regulation, condition, requirement, order, or 
                final determination which has become effective under 
                such agreement, and to impose any appropriate civil 
                penalty provided for any violation of the agreement, 
                not to exceed $25,000 per day.
                    ``(B) Nonconcurrence by state.--At a Federal 
                facility in a State to which the President's 
                authorities under subsection (e)(4) have been 
                transferred pursuant to a cooperative agreement, if the 
                State does not concur in the remedy selection proposed 
                by the Federal department, agency, or instrumentality 
                that owns or operates the facility, the parties shall 
                enter into dispute resolution as provided in the 
                interagency agreement. If there is no interagency 
                agreement, the State shall, not later than 120 days 
                after the transfer of authorities under a cooperative 
agreement, enter into an agreement with the head of the department, 
agency, or instrumentality on a process for resolving disputes 
regarding remedy selection for the facility. If a dispute is unresolved 
after using the process under the interagency agreement or dispute 
resolution agreement, the head of the Federal department, agency, or 
instrumentality that owns the Federal facility and the Governor of the 
State shall attempt to resolve such dispute by consensus. If no 
agreement is reached between the head of the Federal department, 
agency, or instrumentality and the Governor, the State may issue the 
final determination. In order to compel implementation of the State's 
selected remedy, the State must bring a civil action in the appropriate 
United States district court. The district court shall have 
jurisdiction as provided in subparagraph (A) to issue any relief that 
may be necessary to implement the remedial action, to impose 
appropriate civil penalties not to exceed $25,000 per day from the date 
the selected remedy becomes final, and to review any challenges to the 
State's final determination consistent with the standards set forth in 
section 113(j) of this Act.
            ``(2) Limitation.--Except as necessary to implement the 
        transfer of the Administrator's authorities to a State under a 
        cooperative agreement, nothing in this subsection shall be 
        construed as altering, modifying, or impairing in any manner, 
        or authorizing the unilateral modification of, any terms of any 
        agreement, permit, ad
2000
ministrative or judicial order, decree, or 
        interagency agreement existing on the effective date of the 
        Recycle America's Land Act of 2001. Any other modifications or 
        revisions of an interagency agreement entered into under this 
        section shall require the consent of all parties to such 
        agreement, and absent such consent the agreement shall remain 
        unchanged.
            ``(3) Effect on other authorities.--Nothing in this 
        subsection shall affect the exercise by a State of any other 
        authorities that may be applicable to Federal facilities in the 
        State.''.

SEC. 507. FEDERAL COST STUDY.

    (a) In General.--Within 18 months after the date of enactment of 
this Act, the Congressional Budget Office shall conduct, and submit to 
Congress the results of, a study of the potential costs to the Federal 
Government over the next 20 years from Federal liability for natural 
resource damages under section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980.
    (b) Methodology.--In conducting the study, the Congressional Budget 
Office shall review pleadings filed by the Department of Justice on 
behalf of Federal natural resource trustees seeking damages for 
restoration of natural resources and shall apply the same statutory 
interpretations and methods of calculating damages employed by the 
United States, as plaintiff, in determining the potential liability of 
the United States, as defendant, in actions seeking recovery for 
natural resource damages.

SEC. 508. NO PREEMPTION OF STATE LAW CLAIMS.

    Section 302 (42 U.S.C. 9652) is amended by adding at the end the 
following:
    ``(e) No Preemption of State Law Claims.--Section 107 shall not be 
construed to preempt any claims under State law for contribution to or 
recovery of costs of responding to releases or threatened releases of 
hazardous substances.''.

SEC. 509. PURCHASE OF AMERICAN-MADE EQUIPMENT, PRODUCTS, AND 
              TECHNOLOGIES.

    (a) In General.--If an entity that receives financial assistance 
under this Act or any law amended by this Act is using all or any part 
of such assistance to purchase 1 or more pieces of equipment, products, 
or technologies, the entity may only purchase, to the greatest extent 
practicable, American-made equipment, products, and technologies with 
such assistance.
    (b) American-Made Defined.--In this section, the term ``American-
made'' as used with respect to a piece of equipment, a product, or a 
technology means that the Federal Trade Commission has determined that 
the piece of equipment, product, or technology can display a ``Made in 
the USA'' or ``Made in America'' inscription or label or any 
inscription or label with the same meaning.

SEC. 510. DEVELOPMENT OF NEW TECHNOLOGIES AND METHODS.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency shall develop and 
submit to Congress a plan to encourage United States companies to 
develop new technologies and methods to clean-up sites on the National 
Priorities List and other hazardous waste sites. The plan shall be 
designed to ensure that the United States is the world leader in the 
development of such technologies and methods.

     TITLE VI--EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND

SEC. 601. EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Expenditures.--Section 111 (42 U.S.C. 9611) is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by striking subsections (a), (b), (c), (d), and (e) and 
        inserting the following:
    ``(a) Expenditures From Hazardous Substance Superfund.--
            ``(1) Subsection (b) expenditures.--The following amounts 
        of amounts appropriated to the Hazardous Substance Superfund 
        after January 1, 2000, pursuant to section 9507(b) of the 
        Internal Revenue Code of 1986, and of amounts credited under 
        section 9602(b) of such Code with respect to those appropriated 
        amounts, shall be available for the purposes specified in 
        subsection (b):
                    ``(A) $300,000,000 for each of fiscal years 2000 
                through 2004.
                    ``(B) $200,000,000 for each of fiscal years 2005 
                through 2007.
        Such funds shall remain available until expended.
            ``(2) Subsections (c) and (d) expenditures.--There is 
        authorized to be appropriated from the Hazardous Substance 
        Superfund established pursuant to section 9507(b) of the 
        Internal Revenue Code of 1986 for the purposes specified in 
        subsections (c) and (d) of this section not more than--
                    ``(A) $1,500,000,000 for each of fiscal years 2000 
                through 2003;
                    ``(B) $1,400,000,000 for fiscal year 2004;
                    ``(C) $1,300,000,000 for fiscal year 2005;
                    ``(D) $1,200,000,000 for fiscal year 2006; and
                    ``(E) $975,000,000 for fiscal year 2007.
    ``(b) Payments Related to Certain Reductions, Limitations, and 
Exemptions.--
            ``(1) Funding of exempt party and fund share.--The 
        President may use amounts in the Fund made available by 
        subsection (a)(1) for funding the equitable share of liability 
        attributable to exempt parties under section 107(t) and 
        obligations incurred by the President to pay a Fund share or to 
        reimburse parties for costs incurred in excess of the parties' 
        allocated shares under section 131.
            ``(2) Limitations.--
                    ``(A) Funding.--Amounts made available by 
                subsection (a)(1) for the purposes of this subsection 
                shall not exceed the following:
                            ``(i) $300,000,000 for each of fiscal years 
                        2000 through 2004.
                            ``(ii) $200,000,000 for each of fiscal 
                        years 2005 through 2007.
                    ``(B) Eligible costs.--No funds made available 
                under paragraph (1) may be used for payment of, or 
                reimbursement for, any portion of attorneys' fees that 
                do not constitute necessary costs of response 
                consistent with the national contingency plan.
                    ``(C) Additional purposes.--
                            ``(i) In general.--If, in any of fiscal 
                        years 2000 through 2004, the Administrator does 
                        not have available for obligation for the 
                        purposes of subsections (c) and (d) the amount 
                        specified for the fiscal year in clause (iii), 
                        the Administrator, subject to clause (ii), may 
                        use funds provided under subsection (a)(1) for 
                        such purposes.
                            ``(ii) Limitation.--The total amount of 
                        funds provided under subsection (a)(1) that the 
                        Administrator may use for the purposes of 
                        subsections (c) and (d) may not exceed the 
                        amount specified for the fiscal year in clause 
                        (iii) less the amount which (but for this 
                        subparagraph) would be available to the 
                        Administrator in such fiscal year for such 
                        purposes.
                            ``(iii) Amounts.--The amounts specified in 
                        this clause are $1,500,000,000 for each of 
                        fiscal years 2000 through 2003 and 
                        $1,400,000,000 for fiscal year 2004.
    ``(c) Response, Removal, and Remediation.--The President may use 
amounts in the Fund appropriated under subsection (a)(2) for costs of 
response, removal, and remediation (and administrative costs directly 
related to such costs), including
2000
 the following:
            ``(1) Government response costs.--Payment of governmental 
        response costs incurred pursuant to section 104, including 
        costs incurred pursuant to the Intervention on the High Seas 
        Act (33 U.S.C. 1471 et seq.).
            ``(2) Private response cost claims.--Payment of any claim 
        for necessary response costs incurred by any other person as a 
        result of carrying out the national contingency plan 
        established under section 105, if such costs are approved under 
        such plan, are reasonable in amount based on open and free 
        competition or fair market value for similar available goods 
        and services, and are certified by the responsible Federal 
        official.
            ``(3) Acquisition costs under section 104(j).--The costs 
        incurred by the President in acquiring real estate or interests 
        in real estate under section 104(j) (relating to acquisition of 
        property).
            ``(4) State and local government reimbursement.--
        Reimbursement to States and local governments under section 
        123; except that during any fiscal year not more than 0.1 
        percent of the total amount appropriated under subsection 
        (a)(2) may be used for such reimbursements.
            ``(5) Contracts and cooperative agreements.--Payment for 
        the implementation of any contract or cooperative agreement 
        under section 104(d).
            ``(6) Natural resource damage assessments.--The costs of 
        assessing both short-term and long-term injury to, destruction 
        of, or loss of any natural resources resulting from a release 
        of a hazardous substance.
    ``(d) Administration, Oversight, Research, and Other Costs.--The 
President may use amounts in the Fund appropriated under subsection 
(a)(2) for the following costs (and administrative costs directly 
related to such costs):
            ``(1) Investigation and enforcement.--The costs of 
        identifying, investigating, and taking enforcement action 
        against releases of hazardous substances.
            ``(2) Overhead.--
                    ``(A) In general.--The costs of providing services, 
                equipment, and other overhead related to the purposes 
                of this Act and section 311 of the Federal Water 
                Pollution Control Act and needed to supplement 
                equipment and services available through contractors 
                and other non-Federal entities.
                    ``(B) Damage assessment capability.--The costs of 
                establishing and maintaining damage assessment 
                capability for any Federal agency involved in strike 
                forces, emergency task forces, or other response teams 
                under the National Contingency Plan.
            ``(3) Employee safety programs.--The cost of maintaining 
        programs otherwise authorized by this Act to protect the health 
and safety of employees involved in response to hazardous substance 
releases.
            ``(4) Grants for technical assistance.--The cost of grants 
        under section 117(e) (relating to public participation grants 
        for technical assistance).
            ``(5) Worker training and education grants.--The cost of 
        grants under section 126(g) of the Superfund Amendments and 
        Reauthorization Act of 1986 for training and education of 
        workers to the extent that such costs do not exceed $40,000,000 
        for each of fiscal years 2000 through 2007.
            ``(6) ATSDR activities.--Any costs incurred in accordance 
        with subsection (m) of this section (relating to ATSDR) and 
        section 104(i), including the costs of epidemiologic and 
        laboratory studies, public health assessments, and other 
        activities authorized by section 104(i).
            ``(7) Evaluation costs under petition provisions of section 
        105(d).--Costs incurred by the President in evaluation 
        facilities pursuant to petitions under section 105(d) (relating 
        to petitions for assessment of release).
            ``(8) Contract costs under section 104(a)(1).--The costs of 
        contracts or arrangements entered into under section 104(a)(1) 
        to oversee and review the conduct of remedial investigations 
        and feasibility studies undertaken by persons other than the 
        President and the costs of appropriate Federal and State 
        oversight of remedial activities at National Priorities List 
        sites resulting from consent orders or settlement agreements.
            ``(9) Research, development, and demonstration costs under 
        section 311.--The cost of carrying out section 311 (relating to 
        research, development, and demonstration).
            ``(10) Awards under section 109.--The costs of any awards 
        granted under section 109(d) (relating to providing information 
        concerning violations).
            ``(11) Comprehensive state ground water protection plans.--
        Costs of providing assistance to States to develop 
        comprehensive State ground water protection plans to the extent 
        such costs do not exceed $3,000,000 in a fiscal year.
    ``(e) Limitations on Natural Resources Claims.--No money in the 
Fund may be used for the payment of any claim under subsection (c)(6) 
where such expenses are associated with injury or loss resulting from 
long-term exposure to ambient concentrations of air pollutants from 
multiple or diffuse sources.
    ``(f) Other Limitations.--
            ``(1) Limitations on payments of claims.--Claims against or 
        presented to the Fund shall not be valid or paid in excess of 
        the total unobligated balance in the Fund at any one time. Such 
        claims become valid and are payable only when additional money 
        is collected, appropriated, or otherwise added to the Fund. 
        Should the total claims outstanding at any time exceed the 
        current balance of the Fund, the President shall pay such 
        claims, to the extent authorized under this section, in full in 
        the order in which they were finally determined.
            ``(2) Remedial actions at federally owned facilities.--No 
        money in the Fund shall be available for costs of remedial 
        action, other than costs specified in subsection (d), with 
        respect to federally owned facilities; except that money in the 
        Fund shall be available for the provision of alternative water 
        supplies (including the reimbursement of costs incurred by a 
        municipality) in any case involving ground water contamination 
        outside the boundaries of a federally owned facility in which 
        the federally owned facility is not the only potentially 
        responsible party.
            ``(3) Remedial actions at facilities not listed on npl.--No 
        money in the Fund shall be available for response actions that 
        are not removal actions under section 101(23) with respect to 
        any facility that is not listed on the National Priorities 
        List.''.
    (b) Additional Amendments.--
            (1) Section 111.--Section 111 (42 U.S.C. 9611) is further 
        amended by striking subsections (j) and (n).
            (2) Section 107.--Section 107 (42 U.S.C. 9607) is amended 
        by striking subsection (k).
    (c) Conforming Amendments.--Section 112 (42 U.S.C. 9612) is 
amended--
            (1) in subsection (a) by striking ``111(a)'' and inserting 
        ``111(c)''; and
            (2) in subsection (f) by striking ``111(c)(1) or (2)'' and 
        inserting ``111(c)(6)''.

SEC. 602. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

    (a) Authorization.--Section 111(p)(1) (42 U.S.C. 9611(p)(1)) is 
amended to read as follows:
            ``(1) In general.--There is authorized to be appropriated, 
        out of any money in the Treasury not otherwise appropriated, to 
        the Hazardous Substance Superfund $250,000,000 for each of 
        fiscal y
117e
ears 2000 through 2007. In addition, there is 
        authorized to be appropriated to the Hazardous Substance 
        Superfund for each fiscal year an amount equal to so much of 
        the aggregate amount authorized to be appropriated under this 
        subsection as has not been appropriated before the beginning of 
        the fiscal year involved.''.
    (b) Repeal of Duplicative Authorization.--Subsection (b) of section 
517 of the Superfund Amendments and Reauthorization Act of 1986 (26 
U.S.C. 9507 note) is hereby repealed.
    (c) Conforming Amendment.--Section 9507(a)(2) of the Internal 
Revenue Code of 1986 is amended by striking ``section 517(b) of the 
Superfund Revenue Act of 1986'' and inserting ``section 111(p) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9611(p))''.

SEC. 603. COMPLETION OF NATIONAL PRIORITIES LIST.

    (a) Study of 10-Year Funding Needs for Implementing CERCLA.--There 
is authorized to be appropriated $1,000,000 for an independent analysis 
of the projected 10-year costs to the Environmental Protection Agency 
of implementing the programs authorized by the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980. Such 
analysis shall include estimates of annual and cumulative costs over 
the next 10 years associated with administering such Act by the 
Environmental Protection Agency, shall identify sources of uncertainty 
in the estimates, and shall be completed by January 1, 2001.
    (b) Breakdown of Costs.--The study referred to in subsection (a) 
shall include estimates of the following:
            (1) Costs for completion of all non-Federal facilities 
        currently on the National Priorities List.
            (2) Costs for completion of all Federal facilities 
        currently on the National Priorities List.
            (3) Costs associated with those non-Federal sites which the 
        Administrator of the Environmental Protection Agency expects to 
        be added to the National Priorities List over the next 10 
        years.
            (4) Costs associated with those Federal facilities which 
        the Administrator expects to be added to the National 
        Priorities List over the next 10 years.
            (5) Costs for operations and maintenance at facilities 
        currently on, or anticipated to be added over the next 10 years 
        to, the National Priorities List.
            (6) Costs associated with reviews of remedies under section 
        121(c) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980, and any follow-up 
        activities.
            (7) Costs for removal activities.
The study shall not include costs associated with implementing section 
127 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980.
    (c) Organizations To Conduct Study.--The cost analysis under 
subsection (a) shall be conducted by a neutral, nongovernmental 
organization with expertise in the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980. In conducting the 
analysis, the nongovernmental organization shall collect relevant 
information from experts and other interested persons, including 
experts in public budgeting and accounting.

                          TITLE VII--REVENUES

SEC. 701. SENSE OF COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.

    It is the sense of the Committee on Transportation and 
Infrastructure of the House of Representatives that--
            (1) the environmental taxes, taxes on chemicals, and taxes 
        on petroleum that provide revenues to the Hazardous Substance 
        Superfund be reinstated for the period beginning January 1, 
        2000, and ending December 31, 2007;
            (2) the rate of tax and combination of taxes referred to in 
        paragraph (1) be commensurate with the revenue needs, based on 
        the amounts made available from the Hazardous Substance 
        Superfund pursuant to section 111 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 
        1980, as amended by this Act; and
            (3) the taxes that provide revenues to the Hazardous 
        Substance Superfund may be reauthorized at a lower rate, and 
        may decline over time, subject to meeting the requirements of 
        paragraph (2).
                                 &lt;all&gt;

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