Page:United States Statutes at Large Volume 100 Part 2.djvu/564

 100 STAT. 1666

i.;

40 USC 541.

PUBLIC LAW 99-499—OCT. 17, 1986

provide any evaluation, planning, engineering, surveying and mapping, design, construction, equipment, or any ancillary services thereto for such facility. "(2) RESPONSE ACTION CONTRACTOR.—The term 'response action contractor' means— "(A) any— , -' • "(i) person who enters into a response action contract ..j" with respect to any release or threatened release of a ' '•:hazardous substance or pollutant or contaminant from a facility and is carrying out such contract; and "(ii) person, public or nonprofit private entity, conducting a field demonstration pursuant to section 311(b); and Hi. "(B) any person who is retained or hired by a person described in subparagraph (A) to provide any services relating to a response action. "(3) INSURANCE.—The term 'insurance' means liability insurance which is fair and reasonably priced, as determined by the President, and which is made available at the time the contractor enters into the response action contract to provide response action. "(f) COMPETITION.—Response action contractors and subcontractors for program management, construction management, architectural and engineering, surveying and mapping, and related services shall be selected in accordance with title IX of the Federal Property and Administrative Services Act of 1949. The Federal selection procedures shall apply to appropriate contracts negotiated by all Federal governmental agencies involved in carrying out this Act. Such procedures shall be followed by response action contractors and subcontractors.". SEC. 120. FEDERAL FACILITIES.

(a) IN GENERAL.—Title I of CERCLA is amended by adding the following new section after section 119: 42 USC 9620.

"SEC. 120. FEDERAL FACILITIES.

I

"(a) APPLICATION OF ACT TO FEDERAL GOVERNMENT.—

"(1) IN GENERAL.—Each department, agency, and instrumentality of the United States (including the executive, legislative, and judicial branches of government) shall be subject to, and comply with, this Act in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under section 107 of this Act. Nothing in this section shall be construed to affect the liability of any person or entity under sections 106 and 107. "(2) APPLICATION OF REQUIREMENTS TO FEDERAL FACILITIES.—

All guidelines, rules, regulations, and criteria which are applicable to preliminary assessments carried out under this Act for facilities at which hazardous substances are located, applicable to evaluations of such facilities under the National Contingency Plan, applicable to inclusion on the National Priorities List, or applicable to remedial actions at such facilities shall also be applicable to facilities which are owned or operated by a department, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations, and criteria are applicable to other facilities. No department, agency, or instrumentality of the United States

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