
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-118 Section 211(b)]
[CITE: 42USC9604]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9604. Response authorities


(a) Removal and other remedial action by President; applicability of 
        national contingency plan; response by potentially responsible 
        parties; public health threats; limitations on response; 
        exception

    (1) Whenever (A) any hazardous substance is released or there is a 
substantial threat of such a release into the environment, or (B) there 
is a release or substantial threat of release into the environment of 
any pollutant or contaminant which may present an imminent and 
substantial danger to the public health or welfare, the President is 
authorized to act, consistent with the national contingency plan, to 
remove or arrange for the removal of, and provide for remedial action 
relating to such hazardous substance, pollutant, or contaminant at any 
time (including its removal from any contaminated natural resource), or 
take any other response measure consistent with the national contingency 
plan which the President deems necessary to protect the public health or 
welfare or the environment. When the President determines that such 
action will be done properly and promptly by the owner or operator of 
the facility or vessel or by any other responsible party, the President 
may allow such person to carry out the action, conduct the remedial 
investigation, or conduct the feasibility study in accordance with 
section 9622 of this title. No remedial investigation or feasibility 
study (RI/FS) shall be authorized except on a determination by the 
President that the party is qualified to conduct the RI/FS and only if 
the President contracts with or arranges for a qualified person to 
assist the President in overseeing and reviewing the conduct of such RI/
FS and if the responsible party agrees to reimburse the Fund for any 
cost incurred by the President under, or in connection with, the 
oversight contract or arrangement. In no event shall a potentially 
responsible party be subject to a lesser standard of liability, receive 
preferential treatment, or in any other way, whether direct or indirect, 
benefit from any such arrangements as a response action contractor, or 
as a person hired or retained by such a response action contractor, with 
respect to the release or facility in question. The President shall give 
primary attention to those releases which the President deems may 
present a public health threat.
    (2) Removal Action.--Any removal action undertaken by the President 
under this subsection (or by any other person referred to in section 
9622 of this title) should, to the extent the President deems 
practicable, contribute to the efficient performance of any long term 
remedial action with respect to the release or threatened release 
concerned.
    (3) Limitations on Response.--The President shall not provide for a 
removal or remedial action under this section in response to a release 
or threat of release--
        (A) of a naturally occurring substance in its unaltered form, or 
    altered solely through naturally occurring processes or phenomena, 
    from a location where it is naturally found;
        (B) from products which are part of the structure of, and result 
    in exposure within, residential buildings or business or community 
    structures; or
        (C) into public or private drinking water supplies due to 
    deterioration of the system through ordinary use.

    (4) Exception to Limitations.--Notwithstanding paragraph (3) of this 
subsection, to the extent authorized by this section, the President may 
respond to any release or threat of release if in the President's 
discretion, it constitutes a public health or environmental emergency 
and no other person with the authority and capability to respond to the 
emergency will do so in a timely manner.

(b) Investigations, monitoring, coordination, etc., by President

             (1) Information; studies and investigations

        Whenever the President is authorized to act pursuant to 
    subsection (a) of this section, or whenever the President has reason 
    to believe that a release has occurred or is about to occur, or that 
    illness, disease, or complaints thereof may be attributable to 
    exposure to a hazardous substance, pollutant, or contaminant and 
    that a release may have occurred or be occurring, he may undertake 
    such investigations, monitoring, surveys, testing, and other 
    information gathering as he may deem necessary or appropriate to 
    identify the existence and extent of the release or threat thereof, 
    the source and nature of the hazardous substances, pollutants or 
    contaminants involved, and the extent of danger to the public health 
    or welfare or to the environment. In addition, the President may 
    undertake such planning, legal, fiscal, economic, engineering, 
    architectural, and other studies or investigations as he may deem 
    necessary or appropriate to plan and direct response actions, to 
    recover the costs thereof, and to enforce the provisions of this 
    chapter.

                 (2) Coordination of investigations

        The President shall promptly notify the appropriate Federal and 
    State natural resource trustees of potential damages to natural 
    resources resulting from releases under investigation pursuant to 
    this section and shall seek to coordinate the assessments, 
    investigations, and planning under this section with such Federal 
    and State trustees.

(c) Criteria for continuance of obligations from Fund over specified 
        amount for response actions; consultation by President with 
        affected States; contracts or cooperative agreements by States 
        with President prior to remedial actions; cost-sharing 
        agreements; selection by President of remedial actions; State 
        credits: granting of credit, expenses before listing or 
        agreement, response actions between 1978 and 1980, State 
        expenses after December 11, 1980, in excess of 10 percent of 
        costs, item-by-item approval, use of credits; operation and 
        maintenance; limitation on source of funds for O&M; 
        recontracting; siting

    (1) Unless (A) the President finds that (i) continued response 
actions are immediately required to prevent, limit, or mitigate an 
emergency, (ii) there is an immediate risk to public health or welfare 
or the environment, and (iii) such assistance will not otherwise be 
provided on a timely basis, or (B) the President has determined the 
appropriate remedial actions pursuant to paragraph (2) of this 
subsection and the State or States in which the source of the release is 
located have complied with the requirements of paragraph (3) of this 
subsection, or (C) continued response action is otherwise appropriate 
and consistent with the remedial action to be taken \1\ obligations from 
the Fund, other than those authorized by subsection (b) of this section, 
shall not continue after $2,000,000 has been obligated for response 
actions or 12 months has elapsed from the date of initial response to a 
release or threatened release of hazardous substances.
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    \1\ So in original. Probably should be followed by a comma.
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    (2) The President shall consult with the affected State or States 
before determining any appropriate remedial action to be taken pursuant 
to the authority granted under subsection (a) of this section.
    (3) The President shall not provide any remedial actions pursuant to 
this section unless the State in which the release occurs first enters 
into a contract or cooperative agreement with the President providing 
assurances deemed adequate by the President that (A) the State will 
assure all future maintenance of the removal and remedial actions 
provided for the expected life of such actions as determined by the 
President; (B) the State will assure the availability of a hazardous 
waste disposal facility acceptable to the President and in compliance 
with the requirements of subtitle C of the Solid Waste Disposal Act [42 
U.S.C. 6921 et seq.] for any necessary offsite storage, destruction, 
treatment, or secure disposition of the hazardous substances; and (C) 
the State will pay or assure payment of (i) 10 per centum of the costs 
of the remedial action, including all future maintenance, or (ii) 50 
percent (or such greater amount as the President may determine 
appropriate, taking into account the degree of responsibility of the 
State or political subdivision for the release) of any sums expended in 
response to a release at a facility, that was operated by the State or a 
political subdivision thereof, either directly or through a contractual 
relationship or otherwise, at the time of any disposal of hazardous 
substances therein. For the purpose of clause (ii) of this subparagraph, 
the term ``facility'' does not include navigable waters or the beds 
underlying those waters. In the case of remedial action to be taken on 
land or water held by an Indian tribe, held by the United States in 
trust for Indians, held by a member of an Indian tribe (if such land or 
water is subject to a trust restriction on alienation), or otherwise 
within the borders of an Indian reservation, the requirements of this 
paragraph for assurances regarding future maintenance and cost-sharing 
shall not apply, and the President shall provide the assurance required 
by this paragraph regarding the availability of a hazardous waste 
disposal facility.
    (4) Selection of Remedial Action.--The President shall select 
remedial actions to carry out this section in accordance with section 
9621 of this title (relating to cleanup standards).
    (5) State Credits.--
        (A) Granting of credit.--The President shall grant a State a 
    credit against the share of the costs, for which it is responsible 
    under paragraph (3) with respect to a facility listed on the 
    National Priorities List under the National Contingency Plan, for 
    amounts expended by a State for remedial action at such facility 
    pursuant to a contract or cooperative agreement with the President. 
    The credit under this paragraph shall be limited to those State 
    expenses which the President determines to be reasonable, 
    documented, direct out-of-pocket expenditures of non-Federal funds.
        (B) Expenses before listing or agreement.--The credit under this 
    paragraph shall include expenses for remedial action at a facility 
    incurred before the listing of the facility on the National 
    Priorities List or before a contract or cooperative agreement is 
    entered into under subsection (d) of this section for the facility 
    if--
            (i) after such expenses are incurred the facility is listed 
        on such list and a contract or cooperative agreement is entered 
        into for the facility, and
            (ii) the President determines that such expenses would have 
        been credited to the State under subparagraph (A) had the 
        expenditures been made after listing of the facility on such 
        list and after the date on which such contract or cooperative 
        agreement is entered into.

        (C) Response actions between 1978 and 1980.--The credit under 
    this paragraph shall include funds expended or obligated by the 
    State or a political subdivision thereof after January 1, 1978, and 
    before December 11, 1980, for cost-eligible response actions and 
    claims for damages compensable under section 9611 of this title.
        (D) State expenses after december 11, 1980, in excess of 10 
    percent of costs.--The credit under this paragraph shall include 90 
    percent of State expenses incurred at a facility owned, but not 
    operated, by such State or by a political subdivision thereof. Such 
    credit applies only to expenses incurred pursuant to a contract or 
    cooperative agreement under subsection (d) of this section and only 
    to expenses incurred after December 11, 1980, but before October 17, 
    1986.
        (E) Item-by-item approval.--In the case of expenditures made 
    after October 17, 1986, the President may require prior approval of 
    each item of expenditure as a condition of granting a credit under 
    this paragraph.
        (F) Use of credits.--Credits granted under this paragraph for 
    funds expended with respect to a facility may be used by the State 
    to reduce all or part of the share of costs otherwise required to be 
    paid by the State under paragraph (3) in connection with remedial 
    actions at such facility. If the amount of funds for which credit is 
    allowed under this paragraph exceeds such share of costs for such 
    facility, the State may use the amount of such excess to reduce all 
    or part of the share of such costs at other facilities in that 
    State. A credit shall not entitle the State to any direct payment.

    (6) Operation and Maintenance.--For the purposes of paragraph (3) of 
this subsection, in the case of ground or surface water contamination, 
completed remedial action includes the completion of treatment or other 
measures, whether taken onsite or offsite, necessary to restore ground 
and surface water quality to a level that assures protection of human 
health and the environment. With respect to such measures, the operation 
of such measures for a period of up to 10 years after the construction 
or installation and commencement of operation shall be considered 
remedial action. Activities required to maintain the effectiveness of 
such measures following such period or the completion of remedial 
action, whichever is earlier, shall be considered operation or 
maintenance.
    (7) Limitation on Source of Funds for O&M.--During any period after 
the availability of funds received by the Hazardous Substance Superfund 
established under subchapter A of chapter 98 of title 26 from tax 
revenues or appropriations from general revenues, the Federal share of 
the payment of the cost of operation or maintenance pursuant to 
paragraph (3)(C)(i) or paragraph (6) of this subsection (relating to 
operation and maintenance) shall be from funds received by the Hazardous 
Substance Superfund from amounts recovered on behalf of such fund under 
this chapter.
    (8) Recontracting.--The President is authorized to undertake or 
continue whatever interim remedial actions the President determines to 
be appropriate to reduce risks to public health or the environment where 
the performance of a complete remedial action requires recontracting 
because of the discovery of sources, types, or quantities of hazardous 
substances not known at the time of entry into the original contract. 
The total cost of interim actions undertaken at a facility pursuant to 
this paragraph shall not exceed $2,000,000.
    (9) Siting.--Effective 3 years after October 17, 1986, the President 
shall not provide any remedial actions pursuant to this section unless 
the State in which the release occurs first enters into a contract or 
cooperative agreement with the President providing assurances deemed 
adequate by the President that the State will assure the availability of 
hazardous waste treatment or disposal facilities which--
        (A) have adequate capacity for the destruction, treatment, or 
    secure disposition of all hazardous wastes that are reasonably 
    expected to be generated within the State during the 20-year period 
    following the date of such contract or cooperative agreement and to 
    be disposed of, treated, or destroyed,
        (B) are within the State or outside the State in accordance with 
    an interstate agreement or regional agreement or authority,
        (C) are acceptable to the President, and
        (D) are in compliance with the requirements of subtitle C of the 
    Solid Waste Disposal Act [42 U.S.C. 6921 et seq.].

(d) Contracts or cooperative agreements by President with States or 
        political subdivisions or Indian tribes; State applications, 
        terms and conditions; reimbursements; cost-sharing provisions; 
        enforcement requirements and procedures

    (1) Cooperative Agreements.--
        (A) State applications.--A State or political subdivision 
    thereof or Indian tribe may apply to the President to carry out 
    actions authorized in this section. If the President determines that 
    the State or political subdivision or Indian tribe has the 
    capability to carry out any or all of such actions in accordance 
    with the criteria and priorities established pursuant to section 
    9605(a)(8) of this title and to carry out related enforcement 
    actions, the President may enter into a contract or cooperative 
    agreement with the State or political subdivision or Indian tribe to 
    carry out such actions. The President shall make a determination 
    regarding such an application within 90 days after the President 
    receives the application.
        (B) Terms and conditions.--A contract or cooperative agreement 
    under this paragraph shall be subject to such terms and conditions 
    as the President may prescribe. The contract or cooperative 
    agreement may cover a specific facility or specific facilities.
        (C) Reimbursements.--Any State which expended funds during the 
    period beginning September 30, 1985, and ending on October 17, 1986, 
    for response actions at any site included on the National Priorities 
    List and subject to a cooperative agreement under this chapter shall 
    be reimbursed for the share of costs of such actions for which the 
    Federal Government is responsible under this chapter.

    (2) If the President enters into a cost-sharing agreement pursuant 
to subsection (c) of this section or a contract or cooperative agreement 
pursuant to this subsection, and the State or political subdivision 
thereof fails to comply with any requirements of the contract, the 
President may, after providing sixty days notice, seek in the 
appropriate Federal district court to enforce the contract or to recover 
any funds advanced or any costs incurred because of the breach of the 
contract by the State or political subdivision.
    (3) Where a State or a political subdivision thereof is acting in 
behalf of the President, the President is authorized to provide 
technical and legal assistance in the administration and enforcement of 
any contract or subcontract in connection with response actions assisted 
under this subchapter, and to intervene in any civil action involving 
the enforcement of such contract or subcontract.
    (4) Where two or more noncontiguous facilities are reasonably 
related on the basis of geography, or on the basis of the threat, or 
potential threat to the public health or welfare or the environment, the 
President may, in his discretion, treat these related facilities as one 
for purposes of this section.

(e) Information gathering and access

                        (1) Action authorized

        Any officer, employee, or representative of the President, duly 
    designated by the President, is authorized to take action under 
    paragraph (2), (3), or (4) (or any combination thereof) at a vessel, 
    facility, establishment, place, property, or location or, in the 
    case of paragraph (3) or (4), at any vessel, facility, 
    establishment, place, property, or location which is adjacent to the 
    vessel, facility, establishment, place, property, or location 
    referred to in such paragraph (3) or (4). Any duly designated 
    officer, employee, or representative of a State or political 
    subdivision under a contract or cooperative agreement under 
    subsection (d)(1) of this section is also authorized to take such 
    action. The authority of paragraphs (3) and (4) may be exercised 
    only if there is a reasonable basis to believe there may be a 
    release or threat of release of a hazardous substance or pollutant 
    or contaminant. The authority of this subsection may be exercised 
    only for the purposes of determining the need for response, or 
    choosing or taking any response action under this subchapter, or 
    otherwise enforcing the provisions of this subchapter.

                      (2) Access to information

        Any officer, employee, or representative described in paragraph 
    (1) may require any person who has or may have information relevant 
    to any of the following to furnish, upon reasonable notice, 
    information or documents relating to such matter:
            (A) The identification, nature, and quantity of materials 
        which have been or are generated, treated, stored, or disposed 
        of at a vessel or facility or transported to a vessel or 
        facility.
            (B) The nature or extent of a release or threatened release 
        of a hazardous substance or pollutant or contaminant at or from 
        a vessel or facility.
            (C) Information relating to the ability of a person to pay 
        for or to perform a cleanup.

    In addition, upon reasonable notice, such person either (i) shall 
    grant any such officer, employee, or representative access at all 
    reasonable times to any vessel, facility, establishment, place, 
    property, or location to inspect and copy all documents or records 
    relating to such matters or (ii) shall copy and furnish to the 
    officer, employee, or representative all such documents or records, 
    at the option and expense of such person.

                              (3) Entry

        Any officer, employee, or representative described in paragraph 
    (1) is authorized to enter at reasonable times any of the following:
            (A) Any vessel, facility, establishment, or other place or 
        property where any hazardous substance or pollutant or 
        contaminant may be or has been generated, stored, treated, 
        disposed of, or transported from.
            (B) Any vessel, facility, establishment, or other place or 
        property from which or to which a hazardous substance or 
        pollutant or contaminant has been or may have been released.
            (C) Any vessel, facility, establishment, or other place or 
        property where such release is or may be threatened.
            (D) Any vessel, facility, establishment, or other place or 
        property where entry is needed to determine the need for 
        response or the appropriate response or to effectuate a response 
        action under this subchapter.

                     (4) Inspection and samples

        (A) Authority

            Any officer, employee or representative described in 
        paragraph (1) is authorized to inspect and obtain samples from 
        any vessel, facility, establishment, or other place or property 
        referred to in paragraph (3) or from any location of any 
        suspected hazardous substance or pollutant or contaminant. Any 
        such officer, employee, or representative is authorized to 
        inspect and obtain samples of any containers or labeling for 
        suspected hazardous substances or pollutants or contaminants. 
        Each such inspection shall be completed with reasonable 
        promptness.

        (B) Samples

            If the officer, employee, or representative obtains any 
        samples, before leaving the premises he shall give to the owner, 
        operator, tenant, or other person in charge of the place from 
        which the samples were obtained a receipt describing the sample 
        obtained and, if requested, a portion of each such sample. A 
        copy of the results of any analysis made of such samples shall 
        be furnished promptly to the owner, operator, tenant, or other 
        person in charge, if such person can be located.

                        (5) Compliance orders

        (A) Issuance

            If consent is not granted regarding any request made by an 
        officer, employee, or representative under paragraph (2), (3), 
        or (4), the President may issue an order directing compliance 
        with the request. The order may be issued after such notice and 
        opportunity for consultation as is reasonably appropriate under 
        the circumstances.

        (B) Compliance

            The President may ask the Attorney General to commence a 
        civil action to compel compliance with a request or order 
        referred to in subparagraph (A). Where there is a reasonable 
        basis to believe there may be a release or threat of a release 
        of a hazardous substance or pollutant or contaminant, the court 
        shall take the following actions:
                (i) In the case of interference with entry or 
            inspection, the court shall enjoin such interference or 
            direct compliance with orders to prohibit interference with 
            entry or inspection unless under the circumstances of the 
            case the demand for entry or inspection is arbitrary and 
            capricious, an abuse of discretion, or otherwise not in 
            accordance with law.
                (ii) In the case of information or document requests or 
            orders, the court shall enjoin interference with such 
            information or document requests or orders or direct 
            compliance with the requests or orders to provide such 
            information or documents unless under the circumstances of 
            the case the demand for information or documents is 
            arbitrary and capricious, an abuse of discretion, or 
            otherwise not in accordance with law.

        The court may assess a civil penalty not to exceed $25,000 for 
        each day of noncompliance against any person who unreasonably 
        fails to comply with the provisions of paragraph (2), (3), or 
        (4) or an order issued pursuant to subparagraph (A) of this 
        paragraph.

                         (6) Other authority

        Nothing in this subsection shall preclude the President from 
    securing access or obtaining information in any other lawful manner.

                 (7) Confidentiality of information

        (A) Any records, reports, or information obtained from any 
    person under this section (including records, reports, or 
    information obtained by representatives of the President) shall be 
    available to the public, except that upon a showing satisfactory to 
    the President (or the State, as the case may be) by any person that 
    records, reports, or information, or particular part thereof (other 
    than health or safety effects data), to which the President (or the 
    State, as the case may be) or any officer, employee, or 
    representative has access under this section if made public would 
    divulge information entitled to protection under section 1905 of 
    title 18, such information or particular portion thereof shall be 
    considered confidential in accordance with the purposes of that 
    section, except that such record, report, document or information 
    may be disclosed to other officers, employees, or authorized 
    representatives of the United States concerned with carrying out 
    this chapter, or when relevant in any proceeding under this chapter.
        (B) Any person not subject to the provisions of section 1905 of 
    title 18 who knowingly and willfully divulges or discloses any 
    information entitled to protection under this subsection shall, upon 
    conviction, be subject to a fine of not more than $5,000 or to 
    imprisonment not to exceed one year, or both.
        (C) In submitting data under this chapter, a person required to 
    provide such data may (i) designate the data which such person 
    believes is entitled to protection under this subsection and (ii) 
    submit such designated data separately from other data submitted 
    under this chapter. A designation under this paragraph shall be made 
    in writing and in such manner as the President may prescribe by 
    regulation.
        (D) Notwithstanding any limitation contained in this section or 
    any other provision of law, all information reported to or otherwise 
    obtained by the President (or any representative of the President) 
    under this chapter shall be made available, upon written request of 
    any duly authorized committee of the Congress, to such committee.
        (E) No person required to provide information under this chapter 
    may claim that the information is entitled to protection under this 
    paragraph unless such person shows each of the following:
            (i) Such person has not disclosed the information to any 
        other person, other than a member of a local emergency planning 
        committee established under title III of the Amendments and 
        Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.], an 
        officer or employee of the United States or a State or local 
        government, an employee of such person, or a person who is bound 
        by a confidentiality agreement, and such person has taken 
        reasonable measures to protect the confidentiality of such 
        information and intends to continue to take such measures.
            (ii) The information is not required to be disclosed, or 
        otherwise made available, to the public under any other Federal 
        or State law.
            (iii) Disclosure of the information is likely to cause 
        substantial harm to the competitive position of such person.
            (iv) The specific chemical identity, if sought to be 
        protected, is not readily discoverable through reverse 
        engineering.

        (F) The following information with respect to any hazardous 
    substance at the facility or vessel shall not be entitled to 
    protection under this paragraph:
            (i) The trade name, common name, or generic class or 
        category of the hazardous substance.
            (ii) The physical properties of the substance, including its 
        boiling point, melting point, flash point, specific gravity, 
        vapor density, solubility in water, and vapor pressure at 20 
        degrees celsius.
            (iii) The hazards to health and the environment posed by the 
        substance, including physical hazards (such as explosion) and 
        potential acute and chronic health hazards.
            (iv) The potential routes of human exposure to the substance 
        at the facility, establishment, place, or property being 
        investigated, entered, or inspected under this subsection.
            (v) The location of disposal of any waste stream.
            (vi) Any monitoring data or analysis of monitoring data 
        pertaining to disposal activities.
            (vii) Any hydrogeologic or geologic data.
            (viii) Any groundwater monitoring data.

(f) Contracts for response actions; compliance with Federal health and 
        safety standards

    In awarding contracts to any person engaged in response actions, the 
President or the State, in any case where it is awarding contracts 
pursuant to a contract entered into under subsection (d) of this 
section, shall require compliance with Federal health and safety 
standards established under section 9651(f) of this title by contractors 
and subcontractors as a condition of such contracts.

(g) Rates for wages and labor standards applicable to covered work

    (1) All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction, repair, or alteration 
work funded in whole or in part under this section shall be paid wages 
at rates not less than those prevailing on projects of a character 
similar in the locality as determined by the Secretary of Labor in 
accordance with the Davis-Bacon Act [40 U.S.C. 276a et seq.]. The 
President shall not approve any such funding without first obtaining 
adequate assurance that required labor standards will be maintained upon 
the construction work.
    (2) The Secretary of Labor shall have, with respect to the labor 
standards specified in paragraph (1), the authority and functions set 
forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 
1267) and section 276c of title 40.

(h) Emergency procurement powers; exercise by President

    Notwithstanding any other provision of law, subject to the 
provisions of section 9611 of this title, the President may authorize 
the use of such emergency procurement powers as he deems necessary to 
effect the purpose of this chapter. Upon determination that such 
procedures are necessary, the President shall promulgate regulations 
prescribing the circumstances under which such authority shall be used 
and the procedures governing the use of such authority.

(i) Agency for Toxic Substances and Disease Registry; establishment, 
        functions, etc.

    (1) There is hereby established within the Public Health Service an 
agency, to be known as the Agency for Toxic Substances and Disease 
Registry, which shall report directly to the Surgeon General of the 
United States. The Administrator of said Agency shall, with the 
cooperation of the Administrator of the Environmental Protection Agency, 
the Commissioner of the Food and Drug Administration, the Directors of 
the National Institute of Medicine, National Institute of Environmental 
Health Sciences, National Institute of Occupational Safety and Health, 
Centers for Disease Control and Prevention, the Administrator of the 
Occupational Safety and Health Administration, the Administrator of the 
Social Security Administration, the Secretary of Transportation, and 
appropriate State and local health officials, effectuate and implement 
the health related authorities of this chapter. In addition, said 
Administrator shall--
        (A) in cooperation with the States, establish and maintain a 
    national registry of serious diseases and illnesses and a national 
    registry of persons exposed to toxic substances;
        (B) establish and maintain inventory of literature, research, 
    and studies on the health effects of toxic substances;
        (C) in cooperation with the States, and other agencies of the 
    Federal Government, establish and maintain a complete listing of 
    areas closed to the public or otherwise restricted in use because of 
    toxic substance contamination;
        (D) in cases of public health emergencies caused or believed to 
    be caused by exposure to toxic substances, provide medical care and 
    testing to exposed individuals, including but not limited to tissue 
    sampling, chromosomal testing where appropriate, epidemiological 
    studies, or any other assistance appropriate under the 
    circumstances; and
        (E) either independently or as part of other health status 
    survey, conduct periodic survey and screening programs to determine 
    relationships between exposure to toxic substances and illness. In 
    cases of public health emergencies, exposed persons shall be 
    eligible for admission to hospitals and other facilities and 
    services operated or provided by the Public Health Service.

    (2)(A) Within 6 months after October 17, 1986, the Administrator of 
the Agency for Toxic Substances and Disease Registry (ATSDR) and the 
Administrator of the Environmental Protection Agency (``EPA'') shall 
prepare a list, in order of priority, of at least 100 hazardous 
substances which are most commonly found at facilities on the National 
Priorities List and which, in their sole discretion, they determine are 
posing the most significant potential threat to human health due to 
their known or suspected toxicity to humans and the potential for human 
exposure to such substances at facilities on the National Priorities 
List or at facilities to which a response to a release or a threatened 
release under this section is under consideration.
    (B) Within 24 months after October 17, 1986, the Administrator of 
ATSDR and the Administrator of EPA shall revise the list prepared under 
subparagraph (A). Such revision shall include, in order of priority, the 
addition of 100 or more such hazardous substances. In each of the 3 
consecutive 12-month periods that follow, the Administrator of ATSDR and 
the Administrator of EPA shall revise, in the same manner as provided in 
the 2 preceding sentences, such list to include not fewer than 25 
additional hazardous substances per revision. The Administrator of ATSDR 
and the Administrator of EPA shall not less often than once every year 
thereafter revise such list to include additional hazardous substances 
in accordance with the criteria in subparagraph (A).
    (3) Based on all available information, including information 
maintained under paragraph (1)(B) and data developed and collected on 
the health effects of hazardous substances under this paragraph, the 
Administrator of ATSDR shall prepare toxicological profiles of each of 
the substances listed pursuant to paragraph (2). The toxicological 
profiles shall be prepared in accordance with guidelines developed by 
the Administrator of ATSDR and the Administrator of EPA. Such profiles 
shall include, but not be limited to each of the following:
        (A) An examination, summary, and interpretation of available 
    toxicological information and epidemiologic evaluations on a 
    hazardous substance in order to ascertain the levels of significant 
    human exposure for the substance and the associated acute, subacute, 
    and chronic health effects.
        (B) A determination of whether adequate information on the 
    health effects of each substance is available or in the process of 
    development to determine levels of exposure which present a 
    significant risk to human health of acute, subacute, and chronic 
    health effects.
        (C) Where appropriate, an identification of toxicological 
    testing needed to identify the types or levels of exposure that may 
    present significant risk of adverse health effects in humans.

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 required to be 
prepared under this paragraph for those hazardous substances listed 
under subparagraph (A) of paragraph (2) shall be completed, at a rate of 
no fewer than 25 per year, within 4 years after October 17, 1986. A 
profile required on a substance listed pursuant to subparagraph (B) of 
paragraph (2) shall be completed within 3 years after addition to the 
list. The profiles prepared under this paragraph shall be of those 
substances highest on the list of priorities under paragraph (2) for 
which profiles have not previously been prepared. Profiles required 
under this paragraph shall be revised and republished as necessary, but 
no less often than once every 3 years. Such profiles shall be provided 
to the States and made available to other interested parties.
    (4) The Administrator of the ATSDR shall provide consultations upon 
request on health issues relating to exposure to hazardous or toxic 
substances, on the basis of available information, to the Administrator 
of EPA, State officials, and local officials. Such consultations to 
individuals may be provided by States under cooperative agreements 
established under this chapter.
    (5)(A) For each hazardous substance listed pursuant to paragraph 
(2), the Administrator of ATSDR (in consultation with the Administrator 
of EPA and other agencies and programs of the Public Health Service) 
shall assess whether adequate information on the health effects of such 
substance is available. For any such substance for which adequate 
information is not available (or under development), the Administrator 
of ATSDR, in cooperation with the Director of the National Toxicology 
Program, shall assure the initiation of a program of research designed 
to determine the health effects (and techniques for development of 
methods to determine such health effects) of such substance. Where 
feasible, such program shall seek to develop methods to determine the 
health effects of such substance in combination with other substances 
with which it is commonly found. Before assuring the initiation of such 
program, the Administrator of ATSDR shall consider recommendations of 
the Interagency Testing Committee established under section 4(e) of the 
Toxic Substances Control Act [15 U.S.C. 2603(e)] on the types of 
research that should be done. Such program shall include, to the extent 
necessary to supplement existing information, but shall not be limited 
to--
        (i) laboratory and other studies to determine short, 
    intermediate, and long-term health effects;
        (ii) laboratory and other studies to determine organ-specific, 
    site-specific, and system-specific acute and chronic toxicity;
        (iii) laboratory and other studies to determine the manner in 
    which such substances are metabolized or to otherwise develop an 
    understanding of the biokinetics of such substances; and
        (iv) where there is a possibility of obtaining human data, the 
    collection of such information.

    (B) In assessing the need to perform laboratory and other studies, 
as required by subparagraph (A), the Administrator of ATSDR shall 
consider--
        (i) the availability and quality of existing test data 
    concerning the substance on the suspected health effect in question;
        (ii) the extent to which testing already in progress will, in a 
    timely fashion, provide data that will be adequate to support the 
    preparation of toxicological profiles as required by paragraph (3); 
    and
        (iii) such other scientific and technical factors as the 
    Administrator of ATSDR may determine are necessary for the effective 
    implementation of this subsection.

    (C) In the development and implementation of any research program 
under this paragraph, the Administrator of ATSDR and the Administrator 
of EPA shall coordinate such research program implemented under this 
paragraph with the National Toxicology Program and with programs of 
toxicological testing established under the Toxic Substances Control Act 
[15 U.S.C. 2601 et seq.] and the Federal Insecticide, Fungicide and 
Rodenticide Act [7 U.S.C. 136 et seq.]. The purpose of such coordination 
shall be to avoid duplication of effort and to assure that the hazardous 
substances listed pursuant to this subsection are tested thoroughly at 
the earliest practicable date. Where appropriate, consistent with such 
purpose, a research program under this paragraph may be carried out 
using such programs of toxicological testing.
    (D) It is the sense of the Congress that the costs of research 
programs under this paragraph be borne by the manufacturers and 
processors of the hazardous substance in question, as required in 
programs of toxicological testing under the Toxic Substances Control Act 
[15 U.S.C. 2601 et seq.]. Within 1 year after October 17, 1986, the 
Administrator of EPA shall promulgate regulations which provide, where 
appropriate, for payment of such costs by manufacturers and processors 
under the Toxic Substances Control Act, and registrants under the 
Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et 
seq.], and recovery of such costs from responsible parties under this 
chapter.
    (6)(A) The Administrator of ATSDR shall perform a health assessment 
for each facility on the National Priorities List established under 
section 9605 of this title. Such health assessment shall be completed 
not later than December 10, 1988, for each facility proposed for 
inclusion on such list prior to October 17, 1986, or not later than one 
year after the date of proposal for inclusion on such list for each 
facility proposed for inclusion on such list after October 17, 1986.
    (B) The Administrator of ATSDR may perform health assessments for 
releases or facilities where individual persons or licensed physicians 
provide information that individuals have been exposed to a hazardous 
substance, for which the probable source of such exposure is a release. 
In addition to other methods (formal or informal) of providing such 
information, such individual persons or licensed physicians may submit a 
petition to the Administrator of ATSDR providing such information and 
requesting a health assessment. If such a petition is submitted and the 
Administrator of ATSDR does not initiate a health assessment, the 
Administrator of ATSDR shall provide a written explanation of why a 
health assessment is not appropriate.
    (C) In determining the priority in which to conduct health 
assessments under this subsection, the Administrator of ATSDR, in 
consultation with the Administrator of EPA, shall give priority to those 
facilities at which there is documented evidence of the release of 
hazardous substances, at which the potential risk to human health 
appears highest, and for which in the judgment of the Administrator of 
ATSDR existing health assessment data are inadequate to assess the 
potential risk to human health as provided in subparagraph (F). In 
determining the priorities for conducting health assessments under this 
subsection, the Administrator of ATSDR shall consider the National 
Priorities List schedules and the needs of the Environmental Protection 
Agency and other Federal agencies pursuant to schedules for remedial 
investigation and feasibility studies.
    (D) Where a health assessment is done at a site on the National 
Priorities List, the Administrator of ATSDR shall complete such 
assessment promptly and, to the maximum extent practicable, before the 
completion of the remedial investigation and feasibility study at the 
facility concerned.
    (E) Any State or political subdivision carrying out a health 
assessment for a facility shall report the results of the assessment to 
the Administrator of ATSDR and the Administrator of EPA and shall 
include recommendations with respect to further activities which need to 
be carried out under this section. The Administrator of ATSDR shall 
state such recommendation in any report on the results of any assessment 
carried out directly by the Administrator of ATSDR for such facility and 
shall issue periodic reports which include the results of all the 
assessments carried out under this subsection.
    (F) For the purposes of this subsection and section 9611(c)(4) of 
this title, the term ``health assessments'' shall include preliminary 
assessments of the potential risk to human health posed by individual 
sites and facilities, based on such factors as the nature and extent of 
contamination, the existence of potential pathways of human exposure 
(including ground or surface water contamination, air emissions, and 
food chain contamination), the size and potential susceptibility of the 
community within the likely pathways of exposure, the comparison of 
expected human exposure levels to the short-term and long-term health 
effects associated with identified hazardous substances and any 
available recommended exposure or tolerance limits for such hazardous 
substances, and the comparison of existing morbidity and mortality data 
on diseases that may be associated with the observed levels of exposure. 
The Administrator of ATSDR shall use appropriate data, risk assessments, 
risk evaluations and studies available from the Administrator of EPA.
    (G) The purpose of health assessments under this subsection shall be 
to assist in determining whether actions under paragraph (11) of this 
subsection should be taken to reduce human exposure to hazardous 
substances from a facility and whether additional information on human 
exposure and associated health risks is needed and should be acquired by 
conducting epidemiological studies under paragraph (7), establishing a 
registry under paragraph (8), establishing a health surveillance program 
under paragraph (9), or through other means. In using the results of 
health assessments for determining additional actions to be taken under 
this section, the Administrator of ATSDR may consider additional 
information on the risks to the potentially affected population from all 
sources of such hazardous substances including known point or nonpoint 
sources other than those from the facility in question.
    (H) At the completion of each health assessment, the Administrator 
of ATSDR shall provide the Administrator of EPA and each affected State 
with the results of such assessment, together with any recommendations 
for further actions under this subsection or otherwise under this 
chapter. In addition, if the health assessment indicates that the 
release or threatened release concerned may pose a serious threat to 
human health or the environment, the Administrator of ATSDR shall so 
notify the Administrator of EPA who shall promptly evaluate such release 
or threatened release in accordance with the hazard ranking system 
referred to in section 9605(a)(8)(A) of this title to determine whether 
the site shall be placed on the National Priorities List or, if the site 
is already on the list, the Administrator of ATSDR may recommend to the 
Administrator of EPA that the site be accorded a higher priority.
    (7)(A) Whenever in the judgment of the Administrator of ATSDR it is 
appropriate on the basis of the results of a health assessment, the 
Administrator of ATSDR shall conduct a pilot study of health effects for 
selected groups of exposed individuals in order to determine the 
desirability of conducting full scale epidemiological or other health 
studies of the entire exposed population.
    (B) Whenever in the judgment of the Administrator of ATSDR it is 
appropriate on the basis of the results of such pilot study or other 
study or health assessment, the Administrator of ATSDR shall conduct 
such full scale epidemiological or other health studies as may be 
necessary to determine the health effects on the population exposed to 
hazardous substances from a release or threatened release. If a 
significant excess of disease in a population is identified, the letter 
of transmittal of such study shall include an assessment of other risk 
factors, other than a release, that may, in the judgment of the peer 
review group, be associated with such disease, if such risk factors were 
not taken into account in the design or conduct of the study.
    (8) In any case in which the results of a health assessment indicate 
a potential significant risk to human health, the Administrator of ATSDR 
shall consider whether the establishment of a registry of exposed 
persons would contribute to accomplishing the purposes of this 
subsection, taking into account circumstances bearing on the usefulness 
of such a registry, including the seriousness or unique character of 
identified diseases or the likelihood of population migration from the 
affected area.
    (9) Where the Administrator of ATSDR has determined that there is a 
significant increased risk of adverse health effects in humans from 
exposure to hazardous substances based on the results of a health 
assessment conducted under paragraph (6), an epidemiologic study 
conducted under paragraph (7), or an exposure registry that has been 
established under paragraph (8), and the Administrator of ATSDR has 
determined that such exposure is the result of a release from a 
facility, the Administrator of ATSDR shall initiate a health 
surveillance program for such population. This program shall include but 
not be limited to--
        (A) periodic medical testing where appropriate of population 
    subgroups to screen for diseases for which the population or 
    subgroup is at significant increased risk; and
        (B) a mechanism to refer for treatment those individuals within 
    such population who are screened positive for such diseases.

    (10) Two years after October 17, 1986, and every 2 years thereafter, 
the Administrator of ATSDR shall prepare and submit to the Administrator 
of EPA and to the Congress a report on the results of the activities of 
ATSDR regarding--
        (A) health assessments and pilot health effects studies 
    conducted;
        (B) epidemiologic studies conducted;
        (C) hazardous substances which have been listed under paragraph 
    (2), toxicological profiles which have been developed, and 
    toxicologic testing which has been conducted or which is being 
    conducted under this subsection;
        (D) registries established under paragraph (8); and
        (E) an overall assessment, based on the results of activities 
    conducted by the Administrator of ATSDR, of the linkage between 
    human exposure to individual or combinations of hazardous substances 
    due to releases from facilities covered by this chapter or the Solid 
    Waste Disposal Act [42 U.S.C. 6901 et seq.] and any increased 
    incidence or prevalence of adverse health effects in humans.

    (11) If a health assessment or other study carried out under this 
subsection contains a finding that the exposure concerned presents a 
significant risk to human health, the President shall take such steps as 
may be necessary to reduce such exposure and eliminate or substantially 
mitigate the significant risk to human health. Such steps may include 
the use of any authority under this chapter, including, but not limited 
to--
        (A) provision of alternative water supplies, and
        (B) permanent or temporary relocation of individuals.

In any case in which information is insufficient, in the judgment of the 
Administrator of ATSDR or the President to determine a significant human 
exposure level with respect to a hazardous substance, the President may 
take such steps as may be necessary to reduce the exposure of any person 
to such hazardous substance to such level as the President deems 
necessary to protect human health.
    (12) In any case which is the subject of a petition, a health 
assessment or study, or a research program under this subsection, 
nothing in this subsection shall be construed to delay or otherwise 
affect or impair the authority of the President, the Administrator of 
ATSDR, or the Administrator of EPA to exercise any authority vested in 
the President, the Administrator of ATSDR or the Administrator of EPA 
under any other provision of law (including, but not limited to, the 
imminent hazard authority of section 7003 of the Solid Waste Disposal 
Act [42 U.S.C. 6973]) or the response and abatement authorities of this 
chapter.
    (13) All studies and results of research conducted under this 
subsection (other than health assessments) shall be reported or adopted 
only after appropriate peer review. Such peer review shall be completed, 
to the maximum extent practicable, within a period of 60 days. In the 
case of research conducted under the National Toxicology Program, such 
peer review may be conducted by the Board of Scientific Counselors. In 
the case of other research, such peer review shall be conducted by 
panels consisting of no less than three nor more than seven members, who 
shall be disinterested scientific experts selected for such purpose by 
the Administrator of ATSDR or the Administrator of EPA, as appropriate, 
on the basis of their reputation for scientific objectivity and the lack 
of institutional ties with any person involved in the conduct of the 
study or research under review. Support services for such panels shall 
be provided by the Agency for Toxic Substances and Disease Registry, or 
by the Environmental Protection Agency, as appropriate.
    (14) In the implementation of this subsection and other health-
related authorities of this chapter, the Administrator of ATSDR shall 
assemble, develop as necessary, and distribute to the States, and upon 
request to medical colleges, physicians, and other health professionals, 
appropriate educational materials (including short courses) on the 
medical surveillance, screening, and methods of diagnosis and treatment 
of injury or disease related to exposure to hazardous substances (giving 
priority to those listed in paragraph (2)), through such means as the 
Administrator of ATSDR deems appropriate.
    (15) The activities of the Administrator of ATSDR described in this 
subsection and section 9611(c)(4) of this title shall be carried out by 
the Administrator of ATSDR, either directly or through cooperative 
agreements with States (or political subdivisions thereof) which the 
Administrator of ATSDR determines are capable of carrying out such 
activities. Such activities shall include provision of consultations on 
health information, the conduct of health assessments, including those 
required under section 3019(b) of the Solid Waste Disposal Act [42 
U.S.C. 6939a(b)], health studies, registries, and health surveillance.
    (16) The President shall provide adequate personnel for ATSDR, which 
shall not be fewer than 100 employees. For purposes of determining the 
number of employees under this subsection, an employee employed by ATSDR 
on a part-time career employment basis shall be counted as a fraction 
which is determined by dividing 40 hours into the average number of 
hours of such employee's regularly scheduled workweek.
    (17) In accordance with section 9620 of this title (relating to 
Federal facilities), the Administrator of ATSDR shall have the same 
authorities under this section with respect to facilities owned or 
operated by a department, agency, or instrumentality of the United 
States as the Administrator of ATSDR has with respect to any 
nongovernmental entity.
    (18) If the Administrator of ATSDR determines that it is appropriate 
for purposes of this section to treat a pollutant or contaminant as a 
hazardous substance, such pollutant or contaminant shall be treated as a 
hazardous substance for such purpose.

(j) Acquisition of property

                            (1) Authority

        The President is authorized to acquire, by purchase, lease, 
    condemnation, donation, or otherwise, any real property or any 
    interest in real property that the President in his discretion 
    determines is needed to conduct a remedial action under this 
    chapter. There shall be no cause of action to compel the President 
    to acquire any interest in real property under this chapter.

                         (2) State assurance

        The President may use the authority of paragraph (1) for a 
    remedial action only if, before an interest in real estate is 
    acquired under this subsection, the State in which the interest to 
    be acquired is located assures the President, through a contract or 
    cooperative agreement or otherwise, that the State will accept 
    transfer of the interest following completion of the remedial 
    action.

                            (3) Exemption

        No Federal, State, or local government agency shall be liable 
    under this chapter solely as a result of acquiring an interest in 
    real estate under this subsection.

(Pub. L. 96-510, title I, Sec. 104, Dec. 11, 1980, 94 Stat. 2774; Pub. 
L. 99-499, title I, Secs. 104, 110, title II, Sec. 207(b), Oct. 17, 
1986, 100 Stat. 1617, 1636, 1705; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 
100 Stat. 2095; Pub. L. 102-531, title III, Sec. 312(h), Oct. 27, 1992, 
106 Stat. 3506.)

                       References in Text

    The Solid Waste Disposal Act, referred to in subsecs. (c)(3), (9)(D) 
and (i)(10)(E), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 
997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 
Stat. 2795, which is classified generally to chapter 82 (Sec. 6901 et 
seq.) of this title. Subtitle C of the Solid Waste Disposal Act is 
classified generally to subchapter III (Sec. 6921 et seq.) of chapter 82 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 6901 of this title and Tables.
    Title III of the Amendments and Reauthorization Act of 1986, 
referred to in subsec. (e)(7)(E)(i), probably means title III of the 
Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499, 
Oct. 17, 1986, 100 Stat. 1728, known as the Emergency Planning and 
Community Right-To-Know Act of 1986, which is classified generally to 
chapter 116 (Sec. 11001 et seq.) of this title. For complete 
classification of title III to the Code, see Short Title note set out 
under section 11001 of this title and Tables.
    The Davis-Bacon Act, referred to in subsec. (g)(1), is act Mar. 3, 
1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally 
to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and 
Works. For complete classification of this Act to the Code, see Short 
Title note set out under section 276a of Title 40 and Tables.
    Reorganization Plan Numbered 14 of 1950, referred to in subsec. 
(g)(2), is set out in the Appendix to Title 5, Government Organization 
and Employees.
    The Toxic Substances Control Act, referred to in subsec. (i)(5)(C), 
(D), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which 
is classified generally to chapter 53 (Sec. 2601 et seq.) of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see Short Title note set out under section 2601 of Title 15 and Tables.
    The Federal Insecticide, Fungicide, and Rodenticide Act, referred to 
in subsec. (i)(5)(C), (D), is act June 25, 1947, ch. 125, as amended 
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is 
classified generally to subchapter II (Sec. 136 et seq.) of chapter 6 of 
Title 7, Agriculture. For complete classification of this Act to the 
Code, see Short Title note set out under section 136 of Title 7 and 
Tables.


                               Amendments

    1992--Subsec. (i)(1). Pub. L. 102-531 substituted ``Centers for 
Disease Control and Prevention'' for ``Centers for Disease Control''.
    1986--Subsec. (a)(1). Pub. L. 99-499, Sec. 104(a), substituted 
provisions authorizing the President to allow owner or operator of 
facility or vessel or any other responsible party to carry out action, 
conduct the remedial investigation, or conduct feasibility study under 
section 9622 of this title, specifying conditions under which a remedial 
investigation or feasibility study would be authorized, providing for 
treatment of potentially responsible parties, and requiring President to 
give primary attention to those releases which the President deems may 
present a public health threat, for ``, unless the President determines 
that such removal and remedial action will be done properly by the owner 
or operator of the vessel or facility from which the release or threat 
of release emanates, or by any other responsible party.''
    Subsec. (a)(2). Pub. L. 99-499, Sec. 104(b), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``For the 
purposes of this section, `pollutant or contaminant' shall include, but 
not be limited to, any element, substance, compound, or mixture, 
including disease-causing agents, which after release into the 
environment and upon exposure, ingestion, inhalation, or assimilation 
into any organism, either directly from the environment or indirectly by 
ingestion through food chains, will or may reasonably be anticipated to 
cause death, disease, behavioral abnormalities, cancer, genetic 
mutation, physiological malfunctions (including malfunctions in 
reproduction) or physical deformations, in such organisms or their 
offspring. The term does not include petroleum, including crude oil and 
any fraction thereof which is not otherwise specifically listed or 
designated as hazardous substances under section 9601(14)(A) through (F) 
of this title, nor does it include natural gas, liquefied natural gas, 
or synthetic gas of pipeline quality (or mixtures of natural gas and 
such synthetic gas).''
    Subsec. (a)(3), (4). Pub. L. 99-499, Sec. 104(c), added pars. (3) 
and (4).
    Subsec. (b). Pub. L. 99-499, Sec. 104(d), designated existing 
provisions as par. (1), inserted par. (1) heading, and added par. (2).
    Subsec. (c)(1). Pub. L. 99-499, Sec. 104(e)(1), substituted 
``$2,000,000'' for ``$1,000,000'' and ``12 months'' for ``six months''.
    Subsec. (c)(1)(C). Pub. L. 99-499, Sec. 104(e)(2), added cl. (C).
    Subsec. (c)(3). Pub. L. 99-499, Secs. 104(f), 207(b), substituted 
text of cl. (C)(ii) and sentence providing that ``facility'' does not 
include navigable waters or beds underlying those waters for ``(ii) at 
least 50 per centum or such greater amount as the President may 
determine appropriate, taking into account the degree of responsibility 
of the State or political subdivision, of any sums expended in response 
to a release at a facility that was owned at the time of any disposal of 
hazardous substances therein by the State or a political subdivision 
thereof. The President shall grant the State a credit against the share 
of the costs for which it is responsible under this paragraph for any 
documented direct out-of-pocket non-Federal funds expended or obligated 
by the State or a political subdivision thereof after January 1, 1978, 
and before December 11, 1980, for cost-eligible response actions and 
claims for damages compensable under section 9611 of this title relating 
to the specific release in question: Provided, however, That in no event 
shall the amount of the credit granted exceed the total response costs 
relating to the release.'' and inserted provisions relating to remedial 
action to be taken on land or water held by an Indian tribe, held by the 
United States in trust for Indians, held by a member of an Indian Tribe 
(if such land or water is subject to a trust restriction on alienation), 
or otherwise within the borders of an Indian reservation.
    Subsec. (c)(4). Pub. L. 99-499, Sec. 104(g), amended par. (4) 
generally. Prior to amendment, par. (4) read as follows: ``The President 
shall select appropriate remedial actions determined to be necessary to 
carry out this section which are to the extent practicable in accordance 
with the national contingency plan and which provide for that cost-
effective response which provides a balance between the need for 
protection of public health and welfare and the environment at the 
facility under consideration, and the availability of amounts from the 
Fund established under subchapter II of this chapter to respond to other 
sites which present or may present a threat to public health or welfare 
or the environment, taking into consideration the need for immediate 
action.''
    Subsec. (c)(5). Pub. L. 99-499, Sec. 104(h), added par. (5).
    Subsec. (c)(6). Pub. L. 99-499, Sec. 104(i), added par. (6).
    Subsec. (c)(7). Pub. L. 99-514 substituted ``Internal Revenue Code 
of 1986'' for ``Internal Revenue Code of 1954'', which for purposes of 
codification was translated as ``title 26'' thus requiring no change in 
text.
    Pub. L. 99-499, Sec. 104(i), added par. (7).
    Subsec. (c)(8). Pub. L. 99-499, Sec. 104(j), added par. (8).
    Subsec. (c)(9). Pub. L. 99-499, Sec. 104(k), added par. (9).
    Subsec. (d)(1). Pub. L. 99-499, Sec. 104(l), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``Where the 
President determines that a State or political subdivision thereof has 
the capability to carry out any or all of the actions authorized in this 
section, the President may, in his discretion, enter into a contract or 
cooperative agreement with such State or political subdivision to take 
such actions in accordance with criteria and priorities established 
pursuant to section 9605(8) of this title and to be reimbursed for the 
reasonable response costs thereof from the Fund. Any contract made 
hereunder shall be subject to the cost-sharing provisions of subsection 
(c) of this section.''
    Subsec. (e)(1). Pub. L. 99-499, Sec. 104(m), added par. (1), and 
struck out former par. (1) which provided for access to, and copying of, 
records relating to covered substances, and entry by officers, employees 
or representatives of the President or a State into places where 
hazardous substances were or had been generated, stored, treated or 
disposed of, or transported from, and inspection and obtaining of 
samples of such substances and samples of containers or labeling for 
such substances.
    Subsec. (e)(2) to (6). Pub. L. 99-499, Sec. 104(m), added pars. (2) 
to (6). Former par. (2) redesignated (7).
    Subsec. (e)(7). Pub. L. 99-499, Sec. 104(m), (n), redesignated par. 
(2) as (7), aligned margin of par. (7) with pars. (1) through (6), and 
added par. heading and subpars. (E) and (F).
    Subsec. (i). Pub. L. 99-499, Sec. 110, designated existing 
provisions as par. (1), redesignated former pars. (1) to (5) as subpars. 
(A) to (E), respectively, of par. (1), in introductory provisions of 
par. (1), struck out ``and'' after ``Health Administration,'' and 
inserted ``the Secretary of Transportation, and appropriate State and 
local health officials,'' in par. (1)(D), inserted ``where 
appropriate'', and added pars. (2) to (18).
    Subsec. (j). Pub. L. 99-499, Sec. 104(o)(1), added subsec. (j).


            Coordination of Titles I to IV of Pub. L. 99-499

    Any provision of titles I to IV of Pub. L. 99-499, imposing any tax, 
premium, or fee; establishing any trust fund; or authorizing 
expenditures from any trust fund, to have no force or effect, see 
section 531 of Pub. L. 99-499, set out as a note under section 1 of 
Title 26, Internal Revenue Code.

                  Section Referred to in Other Sections

    This section is referred to in sections 6924, 6939a, 6939b, 6972, 
9601, 9607, 9609, 9611, 9613, 9617, 9618, 9619, 9620, 9621, 9622, 9626, 
9660, 9661 of this title; title 10 section 2704; title 26 section 198.
