Page:United States Statutes at Large Volume 100 Part 2.djvu/561

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1663

"(3) EFFECT ON WARRANTIES; EMPLOYER LIABILITY.—Nothing in

this subsection shall affect the liability of any person under any warranty under Federal, State, or common law. Nothing in this subsection shall affect the liability of an employer who is a response action contractor to any employee of such employer under any provision of law, including any provision of any law relating to worker's compensation. "(4) GOVERNMENTAL EMPLOYEES.—A state employee or an employee of a political subdivision who provides services relating to response action while acting within the scope of his authority as a governmental employee shall have the same exemption from liability (subject to the other provisions of this section) as is provided to the response action contractor under this section. "(b) SAVINGS PROVISIONS.— "(1) LIABILITY OF OTHER PERSONS.—The defense provided by

section 107(b)(3) shall not be available to any potentially respon- 42 USC 9607. sible party with respect to any costs or damages caused by any act or omission of a response action contractor. Except as provided in subsection (a)(4) and the preceding sentence, noth- Ante, p. 1662. ing in this section shall affect the liability under this Act or under any other Federal or State law of any person, other than a response action contractor. "(2) BURDEN OF PLAINTIFF.—Nothing in this section shall affect the plaintiffs burden of establishing liability under this title. "(c) INDEMNIFICATION.—

"(1) IN GENERAL.—The President may agree to hold harmless and indemnify any response action contractor meeting the requirements of this subsection against any liability (including the expenses of litigation or settlement) for negligence arising out of the contractor's performance in carrying out response action activities under this title, unless such liability was caused by conduct of the contractor which was grossly negligent or which constituted intentional misconduct. "(2) APPLICABILITY.—This subsection shall apply only with respect to a response action carried out under written agreement with— "(A) the President; "(B) any Federal agency; "(C) a State or political subdivision which has entered into a contract or cooperative agreement in accordance with section 104(d)(1) of this title; or "(D) any potentially responsible party carrying out any agreement under section 122 (relating to settlements) or section 106 (relating to abatement). "(3) SOURCE OF FUNDING.—This subsection shall not be subject to section 1301 or 1341 of title 31 of the United States Code or section 3732 of the Revised Statutes (41 U.S.C. 11) or to section 3 of the Superfund Amendments and Reauthorization Act of 1986. For purposes of section 111, amounts expended pursuant to this subsection for indemnification of any response action contractor (except with respect to federally owned or operated facilities) shall be considered governmental response costs incurred pursuant to section 104. If sufficient funds are unavailable in the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1954 to make payments pursuant to such indemnification or if the Fund is

President of U.S.

Ante, p. 1642.

Appropriation authorization. 26 USC 9501.

�