[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3624 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3624

 To amend the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 to establish a program for assigning shares of 
liability to liable parties at Superfund sites, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 1993

Mr. Boucher (for himself and Mr. Upton) introduced the following bill; 
which was referred jointly to the Committees on Energy and Commerce and 
                    Public Works and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 to establish a program for assigning shares of 
liability to liable parties at Superfund sites, 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.

    This Act may be cited as the ``Superfund Liability Reform Act''.

SEC. 2. DEFINITIONS.

    Section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601), is amended by 
adding at the end the following:
            ``(39) The term `potentially responsible party' means any 
        person identified as potentially liable under section 107, 
        potentially responsible to perform any response action under 
        sections 104 or 106, or potentially liable for contribution 
        under section 113.
            ``(40) The term `de micromis party' means a potentially 
        responsible party who is a generator or transporter who 
        contributed only a minuscule amount of hazardous substances to 
        a National Priority List site, as determined by an allocation 
        panel under title V.
            ``(41) The term `de minimis party' means a liable party 
        whose assigned share of liability is determined to be 1.0 
        percent or less in a final binding allocation of responsibility 
        decision under title V.
            ``(42) The term `liable party' means any potentially 
        responsible party determined by an allocation panel or a court 
        to be liable under section 107, responsible to perform any 
        action under sections 104 or 106, or liable for contribution 
        under section 113.
            ``(43) The term `assigned share' means the percentage of 
        liability assigned, in accordance with the factors set forth in 
        section 503(f)(2), to a liable party by an allocation panel in 
        a binding allocation of responsibility or by a court of law.
            ``(44) The term `orphan party' means a liable party at a 
        site who is defunct, unknown, insolvent, or whose assigned 
        share has been subject to discharge or limitation in 
        bankruptcy, or who is otherwise financially unable to pay all 
        or part of its assigned share.
            ``(45) The term `creditor party' means the Administrator, a 
        State, or any person who is determined to be a liable party 
        with respect to a National Priority List site and who incurs or 
        has incurred costs with respect to the site that are not 
        inconsistent with the National Contingency Plan.
            ``(46) The term `debtor party' means the Hazardous 
        Substance Superfund and any person who is determined to be a 
        liable party with respect to a National Priority List site.
            ``(47) The term `binding allocation of responsibility' 
        means a final binding determination by an allocation panel 
        pursuant to title V.
            ``(48) The term `orphan share' means the total of the 
        assigned shares of all orphan parties at a site.
            ``(49) The term `guardian of the fund' or `guardian' means 
        the person appointed by the Administrator to represent the 
        Environmental Protection Agency in a binding allocation of 
        responsibility proceeding.
            ``(50) The term `National Priority List site' means any 
        site or facility that the Administrator has listed on, or 
        proposed for listing on, the list established pursuant to 
        section 105(a)(8)(B).''.

SEC. 3. ASSIGNMENT OF SHARES OF LIABILITY FOR COSTS OF RESPONSE ACTIONS 
              AT NATIONAL PRIORITY LIST SITES.

    Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)), is amended 
by inserting before the phrase ``The amounts recoverable'' the 
following: ``With respect to any National Priority List site, each 
liable party who accepts the results of the allocation of 
responsibility process under title V or who successfully appeals the 
results of such process shall be liable only for its assigned share of 
the costs incurred pursuant to subparagraphs (A), (B), and (D) of this 
section. The orphan share of a National Priority List site shall be 
paid out of the Hazardous Substance Superfund or by a liable party who 
unsuccessfully appeals a final binding allocation of responsibility 
decision under section 507.''.

SEC. 4. ENFORCEMENT OF RESPONSE ACTIONS THROUGH JOINT AND SEVERAL 
              LIABILITY.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by 
adding at the end the following: 
    ``(n) Joint and Several Liability of Parties Who Fail To Perform 
Response Actions.--In any case in which no liable party or potentially 
responsible party agrees to perform a response action at a National 
Priority List site, or a liable party or potentially responsible party 
agrees to perform a response action but the party fails to perform such 
response action, as determined by the Administrator or the State in 
which the site is located, the following provisions apply:
            ``(1) The party is considered to have not resolved its 
        liability to the United States, notwithstanding the party's 
        acceptance of the results of the binding allocation of 
        responsibility process under title V or the party's successful 
        appeal of the results of such process.
            ``(2) The party is subject to civil action under section 
        106, subparagraphs (A), (B), and (D) of subsection (a) of this 
        section, and section 113 for the response action and all costs 
        of the response action with respect to the National Priority 
        List site.
    ``(o) Payment of Certain Response Costs by Fund.--A potentially 
responsible party who performs and pays for a response action at a 
National Priority List site shall be reimbursed by the Hazardous 
Substance Superfund.
    ``(p) Authority To Collect Response Costs from Others.--A liable 
party who performs and pays for a response action at a National 
Priority List site is a creditor party under section 508 with respect 
to the site and may recover its response costs in accordance with that 
section.''.

SEC. 5. CLARIFICATION OF LIABILITY WITH RESPECT TO RECYCLING 
              TRANSACTIONS.

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 is amended by adding at the end of title I the 
following new section:

``SEC. 127. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--A recycling transaction meeting the 
requirements of subsection (b) shall not be construed as arrangement 
for the treatment or disposal of a hazardous substance under subsection 
(a) of section 107.
    ``(b) Recycling Transaction.--(1) For purposes of subsection (a), a 
recycling transaction is a transaction in which a material is being 
used or sold to make a new product, and the following conditions are 
met at the time of the transaction:
            ``(A) The material being used in the transaction meets a 
        specification grade (hereinafter referred to as a 
        `specification grade secondary material').
            ``(B) Such specification grade secondary material is used 
        to manufacture a new product and contains elements necessary to 
        manufacture such product.
            ``(C) Such specification grade secondary material competes 
        with virgin material.
            ``(D) The production of the specification grade secondary 
        material results in a substantial amount of the input material 
        being available for use as a feedstock to make a new product.
            ``(E) There is evidence of a market for the specification 
        grade secondary material.
            ``(F) The specification grade secondary material does not 
        include unnecessary hazardous substances introduced during 
        recycling.
            ``(G) The specification grade secondary material consists 
        primarily of one or more of the following: metal, paper, 
        plastic, glass, textiles, or rubber.
            ``(H) Effective after the promulgation of management 
        standards under subsection (c), the secondary materials are 
        sold to a facility that meets the management standards 
        promulgated under subsection (c).
    ``(2) A recycling transaction does not include a transaction that 
leads to the burning of material, even for the recovery of energy, or 
the use of material in a manner determined by the Administrator to 
constitute a disposal.
    ``(c) Management Standards.--Not later than 24 months after the 
date of enactment of the Superfund Liability Reform Act, the 
Administrator shall promulgate regulations containing management 
standards applicable to persons which produce in a facility or transfer 
through a facility specification grade secondary materials for use as a 
feedstock to make a new product.''.

SEC. 6. ESTABLISHMENT OF BINDING ALLOCATION OF RESPONSIBILITY PROCESS.

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at 
the end the following new title:

            ``TITLE V--BINDING ALLOCATION OF RESPONSIBILITY

``Sec. 501. General rules governing binding allocations of 
                            responsibility.
``Sec. 502. Qualifications and powers of administrative law judges and 
                            allocation panels
``Sec. 503. Specific rules and procedures.
``Sec. 504. Duty to answer information requests and requests for 
                            production of documents.
``Sec. 505. Civil and criminal penalties.
``Sec. 506. Document repository; confidentiality; no waiver.
``Sec. 507. Final agency action and judicial review.
``Sec. 508. Collection, enforcement, and implementation.
``Sec. 509. Transition provisions.
``Sec. 510. Voluntary settlements.
``Sec. 511. New binding allocations of responsibility.

``SEC. 501. GENERAL RULES GOVERNING BINDING ALLOCATIONS OF 
              RESPONSIBILITY.

    ``(a) General.--The Administrator shall appoint panels of 
administrative law judges to perform expedited administrative 
proceedings, to be known as `binding allocations of responsibility', 
for purposes of determining the liability of potentially responsible 
parties at National Priority List sites. Each such panel shall be 
composed of three administrative law judges appointed by the 
Administrator under section 3105 of title 5, United States Code, and 
shall be known as an `allocation panel'.
    ``(b) Rules of Decision.--The decisions of allocation panels under 
this title shall be rendered based on the provisions of this Act and 
the court decisions interpreting such provisions.
    ``(c) Relationship to Natural Resources Damage.--Binding 
allocations of responsibility shall not address or affect the liability 
of any person with respect to damage to natural resources under section 
107(a)(4)(C).

``SEC. 502. QUALIFICATIONS AND POWERS OF ADMINISTRATIVE LAW JUDGES AND 
              ALLOCATION PANELS.

    ``(a) Qualifications.--An administrative law judge may not be 
appointed to an allocation panel under section 501 unless the judge 
completes at least 40 hours of education and training, as specified by 
the Administrator, in the following subject areas:
            ``(1) The operation of this Act and the regulations 
        promulgating this Act.
            ``(2) The science of soil and groundwater contamination and 
        the technology for treating such contamination.
    ``(b) General Powers.--An allocation panel shall have the power and 
authority to perform all functions necessary to administer and perform 
the binding allocations of responsibility, including the power to--
            ``(1) issue information requests and requests for 
        production of documents to any person;
            ``(2) require the Administrator and the State concerned to 
        provide all information relevant to a binding allocation of 
        responsibility, including the production of copies of all 
        documents and information obtained pursuant to section 104(e) 
        or pursuant to similar State law;
            ``(3) rule upon motions, requests, and offers of proof, 
        dispose of procedural requests, and issue all necessary orders;
            ``(4) administer oaths and affirmations and take 
        affidavits;
            ``(5) examine witnesses and receive documentary or other 
        evidence;
            ``(6) grant and manage such discovery by the parties as the 
        allocation panel deems appropriate and consistent with the 
        expedited nature of the binding allocation of responsibility 
        process;
            ``(7) admit or exclude evidence;
            ``(8) hear and decide questions of fact and law;
            ``(9) require the parties, including the State and the 
        guardian of the Fund, to attend conferences for the settlement 
        or simplification of the issues or the expedition of the 
        proceedings;
            ``(10) require, at any time, that potentially responsible 
        parties wishing to present similar legal or factual arguments 
        use a common spokesman or consolidated briefing for the 
        presentation of such facts and legal positions;
            ``(11) obtain or employ such support services as are 
        necessary to conduct the binding allocation of responsibility, 
        including secretarial and clerical services, investigative 
        services, and computer information and database management 
        services;
            ``(12) establish a document repository where all documents 
        associated with the binding allocation of responsibility shall 
        be maintained and made available to all parties to the binding 
        allocation of responsibility in accordance with section 506; 
        and
            ``(13) do all other acts and take all measures necessary 
        for the maintenance of order and for the efficient, fair, and 
        impartial adjudication of issues arising in the binding 
        allocation of responsibility.
    ``(c) Subpoena Power.--Allocation panels shall have the power of 
subpoena to collect information necessary or appropriate for conducting 
the binding allocation of responsibility or for otherwise implementing 
this section. This authority shall include the power to compel the 
attendance and testimony of witnesses and the production of reports, 
papers, documents, answers to questions, and other information that the 
allocation panel deems necessary. Witnesses shall be paid the same fees 
and mileage that are paid witnesses in the courts of the United States. 
In the event of contumacy or failure or refusal of any person to obey 
any such subpoena, any district court of the United States in which 
venue is proper shall have jurisdiction to order any such person to 
comply with such subpoena.
    ``(d) Informal Rules of Evidence.--In conducting the binding 
allocation of responsibility, an allocation panel shall not be bound by 
the Federal Rules of Evidence, but shall instead use such informal 
rules of evidence and evidentiary procedures, such as those set forth 
at sections 22.22 and 22.23 of title 40 of the Code of Federal 
Regulations, as will promote the expeditious completion of the 
proceeding.
    ``(e) Nationwide Service of Process.--Any document required to be 
served on a party under this title may be served in any district where 
the person is found, resides, transacts business, or has appointed an 
agent for service of process. Any such document is deemed to be served 
on a party if it is mailed to the counsel of record for the party or to 
the address designated by the party if the party is not represented by 
counsel.

``SEC. 503. SPECIFIC RULES AND PROCEDURES.

    ``(a) Initiation of Allocation Process.--
            ``(1) In general.--A binding allocation of responsibility 
        with respect to a National Priority List site shall be 
        initiated by filing a petition with the Office of the 
        Administrative Law Judges of the Environmental Protection 
        Agency. Such a petition may be filed by the Administrator or 
        the State where the National Priority List site is located.
            ``(2) When initiated.--The Administrator or a State shall 
        file a petition to initiate a binding allocation of 
        responsibility at a National Priority List site not later than 
        30 days after initiating the remedial investigation study (or 
        its equivalent) for the site. In any case where the petition is 
        filed more than 30 days after initiation of the remedial 
        investigation study (or its equivalent), all governmental 
        response costs incurred or contracted for prior to the filing 
        of the petition shall be allocated entirely to the orphan 
        share.
            ``(3) Contents of petition.--The petition to initiate the 
        binding allocation of responsibility proceeding shall identify 
        the petitioner and shall include all relevant information 
        reasonably available concerning--
                    ``(A) the identity, location, history, current 
                status, and environmental condition of the National 
                Priority List site;
                    ``(B) the identity and address of each person 
                believed by the petitioner to be a liable party and the 
                basis for such belief;
                    ``(C) any proposed questions and document requests 
                that the petitioner believes should be included in the 
                allocation panel's first information request and 
                document request; and
                    ``(D) a list of any legal or technical issues that 
                the petitioner believes may be raised in the binding 
                allocation of responsibility.
            ``(4) Service.--A copy of the petition shall be served by 
        mail, publication, or otherwise on the Administrator, the State 
        where the site is located, and each potentially responsible 
        party identified in the petition. Within 20 days after the 
        filing of the petition, the Hearing Clerk of the Office of 
        Administrative Law Judges shall cause a notice of the filing of 
        the petition, together with a brief description of the site and 
        a list of all potentially responsible parties identified in the 
        petition, to be published in the Federal Register. The 
        petitioner shall cause a similar notice, description, and list 
        to be published in a newspaper of general circulation within 
        the State where the site is located.
            ``(5) Prior investigation and search.--The Administrator or 
        the State, as the case may be, shall, prior to filing a 
        petition, conduct a thorough investigation and search, under 
        section 104(e) or any other relevant Federal or State statutory 
        or regulatory authority, for all potentially responsible 
        parties. All information, answers, and documents discovered in 
        such investigation or search and relevant to any aspect of the 
        binding allocation of responsibility shall, simultaneously with 
        the filing of the petition, be filed in the document repository 
        for the binding allocation of responsibility. If the allocation 
        panel determines that the Administrator or the State failed to 
        conduct a diligent search for potentially responsible parties 
        in accordance with this paragraph, and if another party 
        performs additional investigations and successfully identifies 
        additional potentially responsible parties, then the allocation 
        panel may, in its discretion, credit all or part of the costs 
        of such additional search against the assigned share, if any, 
        of the party that performed such additional investigation or 
        search.
            ``(6) Appointment of guardian for the hazardous substance 
        superfund.--Any petition filed by the Administrator shall 
        include the name and address of the person appointed to serve 
        as the guardian for the Hazardous Substance Superfund for that 
        binding allocation of responsibility. In any case where a 
        petition is initiated by a State, the Administrator shall 
        notify the Hearing Clerk of the Office of the Administrative 
        Law Judges within 10 days after the petition is filed of the 
        name and address of the person designated by the Administrator 
        as the guardian for the Hazardous Substance Superfund. If the 
        Environmental Protection Agency is also a potentially 
        responsible party or a liable party with respect to the 
        National Priority List site concerned, then the agency may 
        participate in the binding allocation of responsibility with 
        regard to such liability, but the person designated as the 
        guardian shall not represent the agency with regard to the 
        agency's status as a potentially responsible party or liable 
        party.
    ``(b) Identification of Potentially Responsible Parties.--
            ``(1) Initial statement.--(A) Not later than 30 days after 
        receipt of a copy of a petition or after publication in the 
        Federal Register of a notice of the filing of an initial 
        petition (whichever is earlier) under subsection (a)(4), the 
        guardian, the State and any potentially responsible party may 
        file an initial statement setting forth--
                    ``(i) any defenses to liability;
                    ``(ii) any equitable considerations pertaining to 
                any party's potential liability;
                    ``(iii) any additional facts and issues relevant to 
                the binding allocation of responsibility;
                    ``(iv) any proposed questions or document requests 
                that the person filing the statement believes should be 
                included in the first information request issued by the 
                allocation panel; and
                    ``(v) the name and address of any additional person 
                or persons that the person filing the statement 
                believes may be a liable party at the National Priority 
                List site and all reasonably available information as 
                to the relationship between each proposed additional 
                party and the site.
            ``(B) Any initial statement shall be filed with the Hearing 
        Clerk and served on all parties named in the petition and named 
        in such initial statement.
            ``(2) Information requests and requests for production of 
        documents.--(A) Not later than 30 days after the filing of the 
        petition, the allocation panel shall mail initial information 
        requests and requests for production of documents to the 
        guardian, the State, all potentially responsible parties 
        identified in the petition, and all additional parties 
        identified in the initial statements. Responses to such 
        requests shall be made in accordance with this paragraph and 
        section 504.
            ``(B) Within 45 days after a person receives any 
        information request or request for production of documents, 
        such person shall file a response with the Hearing Clerk. For 
        good cause shown, the allocation panel may grant a single 45-
        day extension for the filing of any such response. Each party 
        shall have a continuing obligation to supplement its response 
        upon the receipt of additional relevant information.
            ``(3) Additional nominations of potentially responsible 
        parties.--The parties may identify and nominate additional 
        potentially responsible parties until the expiration of the 
        120-day period beginning on the date of filing of the petition. 
        Any nominations received by the Hearing Clerk after that period 
        may be disregarded by the allocation panel. Each nomination 
        shall include all reasonably available information supporting 
        the assertion that the nominee is a liable party and shall be 
        made at the earliest possible time. Any party making an 
        additional nomination shall serve notice of such nomination on 
        the nominated party and file a copy of such notice with the 
        Hearing Clerk. The nominated party may file its initial 
        response not later than 30 days after receipt of the notice. 
        The allocation panel may issue information requests and 
        requests for the production of documents to any nominated party 
        at any time.
            ``(4) Initial list of all potentially responsible 
        parties.--Within six months after the filing of the petition, 
        the allocation panel shall cause to be published in the Federal 
        Register and a newspaper of general circulation in the State 
        where the site is located a list identifying all parties that 
        the allocation panel preliminarily deems to be potentially 
        responsible parties with respect to the site. The allocation 
        panel also shall attempt to mail a copy of the list to all 
        parties to the binding allocation of responsibility. The 
        allocation panel shall reject the nomination of any person as a 
        liable party or potentially responsible party if it finds that 
        the nomination alleges no connection between the nominated 
        person and the site. The allocation panel may also identify, on 
        its own motion or the motion of a potentially responsible 
        party, additional potentially responsible parties at any time 
        before issuance of the final binding allocation of 
        responsibility.
    ``(c) De micromis Settlements.--(1) Not later than six months after 
the filing of the petition, the allocation panel shall issue a list 
identifying all potentially responsible parties that the allocation 
panel determines contributed only a minuscule amount of hazardous 
substances to the National Priority List site, to be known as `de 
micromis parties'. The allocation panel shall base the determination on 
an evaluation of all evidence received at the time of the issuance of 
the list with respect to the amount of hazardous substances contributed 
by potentially responsible parties.
    ``(2) The allocation panel shall notify each de micromis party of 
its inclusion on the list issued under paragraph (1) not later than 20 
days after issuing the list.
    ``(3) Any de micromis party may resolve its liability to the United 
States by paying $1,000 by certified check to the Hazardous Substance 
Superfund not later than 60 days after receiving notification under 
paragraph (2). A copy of the canceled certified check is conclusive 
proof of payment. Such settlement may not be reopened after payment is 
made, except on grounds of fraud.
    ``(4) De micromis parties that make the settlement payment referred 
to in paragraph (3) shall have no other liability, under Federal or 
State law, to any person for response actions or for any past, present, 
or future costs incurred at the site.
    ``(5) All proceeds from de micromis settlements under this 
subsection shall be earmarked in the Hazardous Substance Superfund to 
be used specifically for costs of response action at the site 
concerned. Any amounts of such settlements remaining in the Superfund 
after completion of the response action at the site concerned shall be 
available in the Superfund for general use.
    ``(6) Not later than three years after the date of the enactment of 
this title, the Administrator shall submit to Congress a study that 
estimates the average cleanup cost at National Priority List sites for 
purposes of determining whether the $1,000 de micromis settlement 
amount under this section needs adjustment.
    ``(d) Identification of Liable Parties and Determination of 
Assigned Shares.--
            ``(1) First allocation advocacy paper.-- Unless the 
        allocation panel determines that it would unduly delay the 
        process, the guardian, the State, and any potentially 
        responsible party may file an allocation advocacy paper with 
        the Hearing Clerk not later than 30 days after the publication 
        of the initial list of potentially responsible parties in the 
        Federal Register. Any such allocation advocacy paper, which 
        shall be served on the guardian, the State, and each 
        potentially responsible party, shall be a concise statement, 
        together with citations to relevant supporting evidence and 
        law, of the party's position with regard to--
                    ``(A) the legal and factual criteria that should be 
                used in determining whether a potentially responsible 
                party at the site is a liable party; and
                    ``(B) how the allocation factors set forth in 
                subsection (f)(2) should be applied to determine the 
                assigned share of each liable party.
            ``(2) First allocation report.--Within 90 days after the 
        publication of the initial list of potentially responsible 
        parties in the Federal Register, the allocation panel shall 
        issue its first allocation report tentatively specifying the 
        criteria to be used in identifying the liable parties, 
        tentatively specifying how the allocation factors will be 
        applied to the case to determine assigned shares, and setting 
        forth the process and schedule that will be used to allow 
        parties the opportunity to present written evidence and 
        argument regarding how such criteria and factors apply to the 
        case. The first allocation report shall be served on the 
        guardian, on the State, and on each potentially responsible 
        party.
            ``(3) Second allocation advocacy paper.--The guardian, the 
        State, and each potentially responsible party may file an 
        allocation advocacy paper with the Hearing Clerk not later than 
        60 days after receipt of the first allocation report. The 
        allocation advocacy paper, which shall be served on the 
        guardian, the State, and each potentially responsible party, 
        shall be the primary opportunity for the guardian, the State, 
        and each potentially responsible party to present evidence and 
        argument regarding how the liability criteria and the 
        allocation factors should be applied to such party and, if 
        desired by the person filing the paper, how those criteria and 
        factors should be applied to other potentially responsible 
        parties at the site.
            ``(4) Hearing.--Any potentially responsible party may 
        request a hearing on the determination that such party is a 
        liable party and on the determination of its assigned share. 
        The allocation panel may hold such a hearing if the allocation 
        panel determines that it would expedite or materially assist in 
        the resolution of disputed factual or legal issues. The 
        allocation panel shall have broad discretion in managing the 
        conduct of any such hearing, including limiting the time 
        available to each party and requiring that parties with 
        generally similar interests be represented by a single 
        spokesperson or common counsel. The allocation panel may allow 
        or prohibit the cross-examination of witnesses.
            ``(5) Rule of decision.--Any party may present written 
        evidence or argument on whether it, or any other potentially 
        responsible party, is a liable party and on the appropriate 
        assigned share for itself or any other potentially responsible 
        party. A potentially responsible party shall be deemed a liable 
        party if the allocation panel determines that the preponderance 
        of the evidence supports the conclusion that such party is 
        liable.
            ``(6) Second allocation report.--Following the submission 
        of advocacy papers and at the conclusion of any hearings, the 
        allocation panel shall issue a second allocation report 
        identifying all liable parties at the site and specifying the 
        assigned share of each liable party. If the second allocation 
        report changes or expands the list of potentially responsible 
        parties or the criteria or factors set forth in the first 
        allocation report, then the second report shall so specify and 
        provide a brief explanation of any such change. The second 
        allocation report shall be served on the guardian, the State, 
        all potentially responsible parties, and all liable parties.
    ``(e) Determination of Orphan Share.--
            ``(1) Orphan share advocacy paper.--Unless the allocation 
        panel determines that it would unduly delay the process, the 
        guardian, the State, and each liable party may file an orphan 
        share advocacy paper with the Hearing Clerk not later than the 
        30-day period beginning on the date of issuance of the second 
        allocation report. The orphan share advocacy paper shall be the 
        primary opportunity for the guardian, the State, and each 
        liable party to present written evidence and argument as to 
        which liable parties are orphan parties whose assigned share 
        should, in whole or in part, be assigned to the orphan share.
            ``(2) Orphan share report.--Following the expiration of the 
        30-day period referred to in paragraph (1), the allocation 
        panel shall issue an orphan share allocation report identifying 
        the orphan share. The orphan share report shall be served on 
        the guardian, the State, all potentially responsible parties, 
        and all liable parties.
    ``(f) Determination of Nonliable Parties.--(1) At any time during 
the period beginning six months after the filing of the petition and 
ending 18 months after the filing of the petition, the allocation panel 
shall issue a list identifying all potentially responsible parties that 
the allocation panel determines did not contribute any amount of 
hazardous substances to the National Priority List site. The allocation 
panel shall base the determination on an evaluation of all evidence 
received at the time of the issuance of the list with respect to the 
amount of hazardous substances contributed by potentially responsible 
parties.
    ``(2) The allocation panel shall notify each nonliable party of its 
inclusion on the list issued under paragraph (1) not later than 20 days 
after issuing the list.
    ``(3) Nonliable parties shall have no other liability, under 
Federal or State law, to any person for response actions or for any 
past, present, or future costs incurred at the site.
    ``(g) Final Binding Allocation of Responsibility Decision.--
            ``(1) Decision.--(A) Not later than the deadline set forth 
        in subparagraph (B), the allocation panel shall issue a final 
        binding allocation of responsibility decision (in this 
        subsection referred to as the `final BAR decision') based on 
        the allocation factors listed in paragraph (2). The decision 
        shall include a list of all potentially responsible parties, a 
        list of all liable parties and the assigned share for each 
        (including all de minimis parties as determined under paragraph 
        (3)), a list of all orphan parties and the portion of the 
        assigned share of each orphan party that is assigned to the 
        orphan share, and the total orphan share. Where an orphan party 
        is able to pay only a portion of its assigned share, the 
        allocation panel shall to the orphan share the portion of the 
        assigned share that the party is unable to pay and require the 
        party to pay the remainder. The final BAR decision shall 
        provide a concise explanation of the basis for the decision. 
        The decision may consist, in whole or in part, of a compilation 
        of the first allocation report, the second allocation report, 
        and the orphan share report.
            ``(B) The final BAR decision shall be issued not later than 
        18 months after the date of publication under section 503(a)(4) 
        of notice that a petition for a binding allocation of 
        responsibility has been filed, except that, in a case of 
        exceptional complexity, the final decision shall be issued not 
        later than 24 months after such date.
            ``(2) Allocation factors.--An allocation panel shall 
        determine the assigned share of each liable party based on the 
        following factors:
                    ``(A) The degree to which the liable party's 
                contribution to a discharge, release, or disposal of a 
                hazardous substance can be distinguished.
                    ``(B) The amount of hazardous substances 
                contributed by the liable party at the site concerned, 
                compared to the total amount of hazardous substances at 
                that site.
                    ``(C) The degree of toxicity of the hazardous 
                substance contributed by the liable party.
                    ``(D) The degree of involvement by the liable party 
                in the generation, transportation, treatment, storage, 
                or disposal of the hazardous substance.
                    ``(E) The degree of care exercised by the liable 
                party with respect to the hazardous substance 
                concerned, taking into account the characteristics of 
                such hazardous substance.
                    ``(F) The degree of cooperation by the liable party 
                with Federal, State, or local officials to prevent any 
                harm to the public health or the environment.
                    ``(G) The weight of the evidence as to the 
                liability and the appropriate share of the liable 
                party.
                    ``(H) Any other equitable factors deemed 
                appropriate.
            ``(3) De minimis settlements.--(A) As part of the final BAR 
        decision, or at any time before the issuance of the final BAR 
        decision, the allocation panel shall issue a list identifying 
        all potentially responsible parties that the allocation panel 
        determines contributed only 1.0 percent or less of the total 
        quantity of hazardous substances present at the National 
        Priority List site, to be known as `de minimis parties'.
            ``(B) Not later than 60 days after issuance of the final 
        BAR decision or the issuance of the list of de minimis parties 
        under subparagraph (A), whichever is earlier, the Administrator 
        shall make a firm written offer of settlement to all de minimis 
        parties. The amount of the settlement offer for a de minimis 
        party shall be based on the Environmental Protection Agency's 
        estimate of the total cleanup cost at the site multiplied by 
        the de minimis party's allocated share as determined by the 
        allocation panel and increased by a reasonable premium 
        (expressed as a percentage) to reflect the benefit of an early 
        and complete resolution of liability. All settlement offers by 
        the Administrator to de minimis parties at the same site shall 
        be based on the same estimate of cleanup costs and the same 
        premium percentage. The settlement offer under this 
        subparagraph is not subject to judicial review.
            ``(C) A de minimis party may accept or decline a settlement 
        offer, but any acceptance of the offer must be made within 60 
        days after receipt of the offer. A de minimis party that 
        accepts the offer may resolve its liability to the United 
        States by paying the amount of the offer to the Hazardous 
        Substance Superfund. Such settlement may not be reopened after 
        payment is made, except on grounds of fraud.
            ``(D) De minimis parties that accept the settlement offer 
        and pay the amount of the offer shall have no other liability, 
        under Federal or State law, to any person for response actions 
        or for any past, present, or future costs incurred at the site.
            (E) All proceeds from de minimis settlements under this 
        paragraph that represent the allocated shares of de minimis 
        parties at a site shall be paid by the Administrator directly 
        to the person performing the response action at the site. All 
        proceeds from de minimis settlements under this paragraph that 
        represent premiums paid by de minimis parties at the site shall 
        be earmarked in the Hazardous Substance Superfund to be used 
        specifically for costs of response action at the site. Any 
        amounts of such settlements remaining in the Superfund after 
        completion of the response action shall be available in the 
        Superfund for general use.
            ``(4) Service and publication.--The binding allocation of 
        responsibility decision shall be served on the guardian, the 
        State, and all liable parties. The Hearing Clerk shall cause a 
        notice of the binding allocation of responsibility decision to 
        be published in the Federal Register and in a newspaper of 
        general publication in the State where the site is located.
            ``(5) Binding effect.--The binding allocation of 
        responsibility decision shall be binding as to all past, 
        present, or future liability (i) for response costs incurred 
        under section 107(a)(4)(A), (B), or (D), and (ii) for 
        contribution under section 113. The binding allocation of 
        responsibility decision shall be binding on all persons, 
        including, without limitation, the United States, any affected 
        State or local governmental agency or Indian Tribe, any alleged 
        or nominated potentially responsible party (regardless of 
        whether such party participates in the binding allocation of 
        responsibility), and the public.
            ``(6) Effect on other proceedings.--A determination that a 
        person is a liable party under a binding allocation of 
        responsibility proceeding is applicable only with respect to 
        liability being assigned in the proceeding and not with respect 
        to liability being determined in any other criminal, civil, or 
        administrative proceeding.

``SEC. 504. DUTY TO ANSWER INFORMATION REQUESTS AND REQUESTS FOR 
              PRODUCTION OF DOCUMENTS.

    ``(a) Duty to Answer.--Each person who receives any information 
request or request for production of documents from the allocation 
panel during a binding allocation of responsibility must provide full 
and timely responses to the request.
    ``(b) Certification of Documents.--Answers to information requests 
and requests for production of documents shall include a certification 
by a responsible representative who meets the criteria established in 
section 270.11(a) of title 40 of the Code of Federal Regulations that 
the answers--
            ``(1) are true and correct to the best of their knowledge;
            ``(2) are based on a diligent good faith search of records 
        in the possession or control of the person to whom the request 
        was directed;
            ``(3) are based on a reasonable inquiry of the current and 
        former officers, directors, employees, and agents of the person 
        to whom the request was directed;
            ``(4) accurately reflect information obtained in the course 
        of conducting such search and such inquiry;
            ``(5) that the person executing the certification 
        understands that there is a duty to supplement any such answers 
        if, during the binding allocation of responsibility, any 
        significant additional, new, or different information becomes 
        known or available to the answerer; and
            ``(6) that the person executing the certification 
        understands that there are significant penalties for submitting 
        false information, including the possibility of fine and 
        imprisonment for knowing violations.
    ``(c) Sanction.--In addition to any other penalty or sanction, any 
person who fails to answer an information request or request for 
production of documents, and who is determined to be a liable party, 
shall be assigned a assigned share of up to 500 percent of whatever its 
assigned share would otherwise have been, or up to 50 percent of the 
total liability at the site, whichever is greater. If this results in a 
binding allocation of responsibility that allocates more than 100 
percent of the total liability, then the excess shall be deposited into 
the Hazardous Substance Superfund.

``SEC. 505. CIVIL AND CRIMINAL PENALTIES.

    ``(a) Civil Penalties.--Any person who fails to submit a complete 
and timely answer to an allocation panel's information request or 
request for production of documents or other discovery request, or who 
submits a response that lacks the certification required under section 
504(b), or who makes any false or misleading material statement or 
representation in any submission to the allocation panel during the 
binding allocation of responsibility process, including statements or 
representations in connection with the nomination of another 
potentially responsible party, shall be subject to civil penalties of 
up to $10,000 per day of violation. The violation shall be deemed a 
continuing one until such time as the request is answered or the 
necessary certification is submitted or the false or misleading 
statement or representation is corrected. Such penalties may be 
assessed by the President in accordance with section 109 or by any 
other party in a citizen suit brought under section 310. A prevailing 
plaintiff in such a citizen suit shall be awarded its attorneys fees 
and up to 50 percent of the penalty imposed by the court.
    ``(b) Criminal Penalties.--Any person who knowingly makes any false 
material statement or representation in the response to an allocation 
panel's information request or request for the production of documents 
or other discovery request, or in any other submission to the 
allocation panel during the binding allocation of responsibility, 
including statements or representations in connection with the 
nomination of another potentially responsible party, may be fined under 
title 18, United States Code, imprisoned for not more than 2 years, or 
both.

``SEC. 506. DOCUMENT REPOSITORY; CONFIDENTIALITY; NO WAIVER.

    ``(a) Document Repository.--The allocation panel shall establish 
and maintain a document repository where copies of all petitions, 
initial statements, advocacy papers, reports, answers to information 
requests and requests for production of documents by the allocation 
panel, answers to Federal or State information requests or requests for 
the production of documents issued prior to the filing of the petition, 
produced documents, and all other similar material shall be maintained 
and organized. The documents and information in the document repository 
shall be available only to the parties to the binding allocation of 
responsibility for review and copying at their own expense, subject 
only to the confidentiality provisions of subsection (b). All responses 
to any information request or request for production of documents by 
the allocation panel shall be filed with the clerk for the document 
repository and need not be served on other potentially responsible 
parties, the State, or the guardian.
    ``(b) Confidentiality.--(1) All pleadings, documents, and materials 
submitted to the allocation panel or placed in the document repository, 
together with the record of any depositions or testimony adduced during 
the binding allocation of responsibility, shall be confidential and 
shall not be subject to release under section 552 of title 5, United 
States Code (the Freedom of Information Act). The Hearing Clerk and 
each party to the binding allocation of responsibility proceeding shall 
maintain such pleadings, documents, and materials, together with the 
record of any depositions or testimony adduced during the binding 
allocation of responsibility, as confidential. Such material shall not 
be discoverable or admissible in any other Federal, State or local 
judicial, administrative, or legislative proceeding of any kind 
whatsoever, except--
            ``(A) to the extent necessary to collect or otherwise 
        enforce in court the assigned share of a liable party as 
        determined by the binding allocation of responsibility;
            ``(B) in a proceeding for judicial review of the binding 
        allocation of responsibility;
            ``(C) in any new binding allocation of responsibility 
        proceeding concerning the same site; and
            ``(D) in any binding allocation of responsibility involving 
        a different site where the allocation panel determines that the 
        sites are related and that specified documents from the first 
        binding allocation of responsibility could materially assist 
        the second binding allocation of responsibility.
    ``(2) Notwithstanding paragraph (1)(D), if the original of any 
document or material submitted to the allocation panel or placed in the 
document repository during the binding allocation of responsibility 
was, while in the possession of the party which provided it, otherwise 
discoverable or admissible, then such original document, if 
subsequently sought from such party, shall remain discoverable or 
admissible. If a fact covered in any deposition or testimony adduced 
during the binding allocation of responsibility was, in the knowledge 
of the witness or deponent, otherwise discoverable or admissible, then 
such testimony, if subsequently sought from such other party, shall 
remain discoverable or admissible.
    ``(c) No Waiver of Privilege.--The submission of documents or 
information pursuant to the binding allocation of responsibility 
proceeding shall not be deemed to be a waiver of any privilege, 
applicable to the original document or fact, under any Federal or State 
law, regulation, or rule of discovery or evidence .
    ``(d) Discovery.--In any case where a party to a binding allocation 
of responsibility receives any request for any pleading, document, or 
material, or for the record of any depositions or testimony adduced in 
a binding allocation of responsibility, such party shall promptly 
notify the person who originally submitted such item and shall provide 
such submitting person the opportunity to assert and defend the 
confidentiality of such item. No party to the binding allocation of 
responsibility shall release or provide a copy of any pleading, 
document, or material, or the record of any depositions or testimony 
adduced therein, to any person not a party to such binding allocation 
of responsibility, except in compliance with an order from a court.
    ``(e) Civil Penalty for Violation of Confidentiality 
Requirements.--Any person who fails to maintain the confidentiality of 
any pleadings, documents, or materials, or the record of any deposition 
or testimony adduced during the binding allocation of responsibility, 
or who releases any such information in violation of this section, 
shall be subject to a civil penalty of up to $25,000 per violation. 
Such a penalty may be assessed by the President in accordance with 
section 109 or by any other party in a citizen suit brought under 
section 310. A prevailing plaintiff in such a citizen suit shall be 
awarded its attorneys fees and up to 50 percent of the penalty imposed 
by the court.

``SEC. 507. FINAL AGENCY ACTION AND JUDICIAL REVIEW.

    ``(a) Final Agency Action.--The binding allocation of 
responsibility decision of the allocation panel shall constitute final 
agency action pursuant to section 706 of title 5, United States Code, 
subject only to review by the Administrator in situations of fraud or 
gross misconduct.
    ``(b) Judicial Review.--
            ``(1) In general.--No Federal or State court shall have 
        jurisdiction to review, modify, or enjoin any aspect of any 
        binding allocation of responsibility proceeding except as 
        expressly set forth in this subsection. No aspect of any 
        action, decision, ruling, or determination by an allocation 
        panel in any binding allocation of responsibility proceeding 
        shall be subject to administrative or judicial review in any 
        Federal or State court until after the final binding allocation 
        of responsibility decision (in this subsection referred to as 
        the `final BAR decision') is issued by the allocation panel. 
        Thereafter the Administrator, the guardian, the State, or any 
        person determined by the allocation panel to be a liable party 
        may obtain judicial review of a final BAR decision by filing a 
        petition for review with the United States Court of Appeals for 
        the Circuit in which the facility is located or for the 
        District of Columbia.
            ``(2) Petition.--Any such petition for review must be filed 
        within 60 days after the date of the final BAR decision by the 
        allocation panel. The petition shall set forth either the 
        specific assigned share of liability that the petitioner 
        believes should have been assigned to it (or, in the case of a 
        petition filed by the guardian, the assigned share that the 
        guardian believes should have been assigned to the orphan 
        share) in the binding allocation of responsibility, or stating 
        specifically that the petitioner believes it should not have 
        been found to have any liability at all.
            ``(3) Review.--Judicial review of the final BAR decision 
        shall be conducted on the administrative record, which shall 
        include all materials relating to the issues raised on appeal 
        by the petitioner that are contained in the document repository 
        described in section 506(a). The court shall set aside the 
        binding allocation of responsibility only if it is found to be 
        arbitrary, capricious, an abuse of discretion, or contrary to 
        constitutional right, power, privilege, or immunity.
            ``(4) Payment during pendency of review.--During the 
        pendency of a petition for review under this section, the 
        petitioner shall pay any demand notices rendered for its 
        assigned share in accordance with the binding allocation of 
        responsibility decision, subject to later refund if the 
        petitioner prevails in the litigation.
            ``(5) Liability of successful petitioner.--If the 
        petitioner is a liable party and the court adopts the assigned 
        share proposed by the petitioner, then the difference between 
        that share and the share originally assigned to the petitioner 
        shall be added to the orphan share. If the petitioner is the 
        guardian and the court adopts the orphan share proposed by the 
        petitioner, then the matter shall be remanded to the allocation 
        panel for the issuance, as soon as possible, of a revised 
        binding allocation of responsibility decision in accordance 
        with the decision of the court.
            ``(6) Liability of unsuccessful petitioner.--(A) In the 
        case of a petitioner who is a liable party petitioning for a 
        change in the petitioner's assigned share, and the court does 
        not adopt the assigned share proposed by the petitioner, the 
        following provisions apply:
                    ``(i) The petitioner shall reimburse all other 
                parties that participated in the appeal for the actual 
                attorneys' fees and costs that they incurred in 
                defending the binding allocation of responsibility 
                decision.
                    ``(ii) The petitioner is considered to have not 
                resolved its liability to the United States and is 
                subject to civil action under section 106, 107(a), and 
                113 for the following response costs with respect to 
                the National Priority List site concerned:
                            ``(I) The assigned share of the petitioner, 
                        as determined in the final BAR decision, plus
                            ``(II) the orphan share for that site.
                    ``(iii) The petitioner is subject to claims for 
                contribution from other unsuccessful petitioners with 
                respect to the National Priority List site concerned.
                    ``(iv) The petitioner may make claims for 
                contribution against other unsuccessful petitioners 
                with respect to the National Priority List site 
                concerned.
            ``(B) In the case of a petitioner who is a liable party 
        petitioning for a determination that the petitioner is not 
        liable with respect to the site concerned (for reasons such as 
        the fact that the petitioner is a successor to, or a parent or 
        subsidiary of, a company which the petitioner believes should 
        be assigned liability instead), and the court denies the 
        petition, the petitioner is liable for its assigned share as 
        determined in the final BAR decision.

``SEC. 508. COLLECTION, ENFORCEMENT, AND IMPLEMENTATION.

    ``(a) Collection.--
            ``(1) Amount recoverable.--After a final binding allocation 
        of responsibility decision is made with respect to a National 
        Priority List site, any creditor party may, in accordance with 
        paragraph (2), recover from any debtor party the following:
                    ``(A) With respect to a debtor party who is a 
                liable party, that party's assigned share, as 
                determined under the binding allocation of 
                responsibility.
                    ``(B) With respect to a debtor party which is the 
                Hazardous Substance Superfund, the orphan share, as 
                determined under the binding allocation of 
                responsibility.
                    ``(C) With respect to a debtor party who is either 
                a liable party or the Hazardous Substance Superfund, 
                any attorneys' fees incurred by the creditor party in a 
                judicial action seeking to recover costs from the 
                debtor party.
            ``(2) Procedures for recovery.--Recovery by a creditor 
        party from a debtor party shall be carried out in accordance 
        with the following provisions:
                    ``(A) The creditor party shall file a certified 
                copy of the final decision of the binding allocation of 
                responsibility in the United States District Court for 
                the district in which the site is located.
                    ``(B) The creditor party shall file a verified 
                statement with the same court specifying the actions 
                taken and the costs incurred by the creditor party, and 
                stating that such actions and costs are not 
                inconsistent with the National Contingency Plan.
                    ``(C) The creditor party shall serve a demand 
                notice to each debtor party against whom enforcement is 
                sought and shall deliver a copy of each such notice to 
                the Administrator and the State in which the site is 
                located. The demand notice shall specify the total 
                amount of costs covered by the notice, state a demand 
                amount (consisting of the debtor party's assigned share 
                or, with regard to the Fund, the orphan share), and 
                demand that the debtor party pay such demand amount 
                within 30 days after receipt of the notice. A copy of 
                the demand notice shall be filed with the United States 
                District Court for the district in which the site is 
                located.
                    ``(D) With respect to any response actions or 
                expenditures of a continuing nature, verified 
                statements and demand notices shall be filed with the 
                court and delivered to the debtor parties and the 
                guardian quarterly.
                    ``(E) Where several liable parties, or a liable 
                party and the Administrator or the State, each take 
                actions or incur costs not inconsistent with the 
                National Contingency Plan, different demand notices may 
                be issued concurrently.
    ``(b) Penalties and Damages.--Except in the case of a challenge to 
collection duly filed in accordance with subsection (c), if a liable 
party, including any Federal, State, or local governmental agency, 
fails to pay the sum specified in a demand notice within 30 days after 
receipt of the notice, such party shall be liable for the interest 
thereon, civil penalties of up to $10,000 per day, and damages of up to 
an amount equal to 3 times the sum specified in the demand notice. In 
the case of the orphan share, if the Hazardous Substance Superfund 
fails to pay the sum specified in a demand notice within 30 days after 
receipt of the notice, the Fund shall be liable for interest thereon 
and damages of up to the amount equal to 2 times the sum specified in 
the demand notice.
    ``(c) Challenges to Enforcement.--There shall be no administrative 
or judicial review of any aspect of a demand notice filed and delivered 
pursuant to subsection (a) except in accordance with this subsection. 
Within 30 days after receipt of a demand notice, a liable party or, in 
the case of the orphan share, the guardian may file a petition with the 
allocation panel that issued the binding allocation of responsibility 
decision contending that the costs reflected in the demand notice were 
incurred for actions inconsistent with the National Contingency Plan. 
If such a petition is filed, the allocation panel shall conduct an 
expedited review of the matter. The review shall be limited solely to 
the issue of the alleged inconsistency of the response actions and 
costs with the National Contingency Plan. The person challenging the 
demand notice shall have the burden of proof that such actions and the 
claimed costs are inconsistent with the National Contingency Plan. The 
allocation panel's decision shall not be subject to judicial review. 
Payment need not be made, and no interest shall accrue, pending the 
allocation panel's decision.
    ``(d) Subsequent Additions to Orphan Share.--If good faith 
collection and enforcement efforts, whether by the Federal or State 
government or by any other creditor party, against a liable party 
results in a judicial or administrative determination that such liable 
party is an orphan party, then such liable party's share will be added 
to the orphan share amount and will be recoverable from the Hazardous 
Substance Superfund.
    ``(e) Contribution Protection.--Liable parties that pay their 
assigned share and comply with the binding allocation of responsibility 
decision shall have no other liability, under Federal or State law, to 
any person for costs incurred at the site, except that the binding 
allocation of responsibility decision shall not affect any contract for 
insurance or indemnification.

``SEC. 509. TRANSITION PROVISIONS.

    ``(a) In General.--Except as provided in subsection (b), no person 
may initiate any administrative or judicial action under section 106, 
subparagraph (A), (B), or (D) of section 107(a)(4), or section 113, or 
under any other Federal or State law or regulation, for the recovery of 
response costs, contribution, or performance of response actions 
regarding any National Priority List site until 90 days after a final 
binding allocation of responsibility is issued.
    ``(b) Exceptions.--Subsection (a) is subject to only the following 
exceptions:
            ``(1) Administrative orders for emergency removal 
        actions.--The President may issue an order under section 106, 
        prior to the issuance of a final binding allocation of 
        responsibility, if the order is limited to those actions 
        required to protect human health and the environment pending 
        the issuance of the final binding allocation of responsibility 
        decision.
            ``(2) Continuation of pending response actions.--In any 
        case where, as of the date of enactment of this title, the 
        Administrator or a State has already issued a binding contract 
        for the performance of a remedial investigation/feasibility 
        study or has issued an administrative order or executed a 
        consent decree for the performance of any response action, the 
        binding allocation of responsibility process shall not affect 
        the timing or manner of implementation of such response 
        actions.
    ``(c) Stay of Existing Actions.--
            ``(1) Stay of pending enforcement actions.--In any case 
        where, as of the date of enactment of this title, the 
        Administrator or the State has already initiated any 
        administrative or judicial enforcement action regarding the 
        liability of any party under section 106, subparagraph (A), 
        (B), or (D) of section 107(a)(4), or section 113, or under any 
        other Federal or State law or regulation for the response 
        costs, contribution, or performance of response actions, such 
        action shall be automatically stayed until 90 days after a 
        binding allocation of responsibility is issued, any judicial 
        review of such allocation is completed, and a final 
        administrative or judicial allocation decision is rendered.
            ``(2) Stay of pending private party litigation.--In any 
        case where, as of the date of enactment of this title, any 
        private person has initiated any administrative or judicial 
        action regarding the liability of any party under section 106, 
        subparagraph (A), (B), or (D) of section 107(a)(4), or section 
        113, or under any other Federal or State law or regulation for 
        the response costs, contribution, or performance of response 
        actions, such action shall be automatically stayed until 90 
        days after a binding allocation of responsibility is issued, 
        any judicial review of such allocation is completed, and a 
        final administrative or judicial allocation decision is 
        rendered.
    ``(d) Credit for Actions and Costs in Pending Matters.--In the case 
of any response action performed or cost incurred in any activity 
carried out pursuant to subsection (b), the liability for such response 
action shall be governed by, and the costs of implementing any such 
response action or other activity carried out pursuant to subsection 
(b), shall be included in, the subsequently issued binding allocation 
of responsibility for such National Priority List site. In conducting 
the binding allocation of responsibility, the allocation panel shall, 
to the extent reasonably possible, give credit for any prior costs 
incurred or response actions performed at the National Priority List 
site.
    ``(e) Limitations on Existing Actions.--(1) The time period 
described in paragraph (2) shall not be counted in determining the 
statute of limitations applicable to any administrative or judicial 
action under section 106, subparagraph (A), (B), or (D) of section 
107(a)(4), or section 113, or under any other Federal or State law or 
regulation, for the recovery of costs, for contribution, or for the 
investigation, cleanup, or remediation of any National Priority List 
site.
    ``(2) The time period referred to in paragraph (1) is the period 
beginning on the date that any person first files a petition for the 
initiation of a binding allocation of responsibility for that site and 
ending on the date that a binding allocation of responsibility is 
issued.

``SEC. 510. VOLUNTARY SETTLEMENTS.

    ``Prior to the issuance of a binding allocation of responsibility 
decision, any group of potentially responsible parties may submit a 
private allocation for the National Priority List site (to be known as 
a `voluntary binding allocation of responsibility') to the allocation 
panel. If such voluntary binding allocation of responsibility meets the 
following criteria, the allocation panel shall promptly adopt it as the 
binding allocation of responsibility:
            ``(1) The voluntary binding allocation of responsibility 
        shall be a binding allocation of 100 percent of past, present, 
        and future recoverable response costs at the site.
            ``(2) The voluntary binding allocation of responsibility 
        shall not allocate any costs or requirements--
                    ``(A) to the orphan share, unless the guardian 
                agrees, in writing, to such allocation; or
                    ``(B) to any person who is not a signatory to the 
                voluntary binding allocation of responsibility.
            ``(3) Signatories to the voluntary binding allocation of 
        responsibility shall be entitled to contribution protection as 
        specified in section 508(e). Such signatories shall be 
        prohibited from pursuing any cost recovery action or 
        contribution against any non-signatory, but may seek additional 
        recovery against non-signatories based on a contract for 
        insurance or indemnification.
            ``(4) Signatories to the voluntary binding allocation of 
        responsibility shall be entitled to enforce it in the same 
        manner as any binding allocation of responsibility final 
        decision by the allocation panel.

``SEC. 511. NEW BINDING ALLOCATIONS OF RESPONSIBILITY.

    ``A binding allocation of responsibility shall constitute a 
permanent determination of the assigned share of each liable party and 
of the orphan share and, except for additions to the orphan share 
pursuant to section 508(d) and judicially mandated changes pursuant to 
section 507(b), the binding allocation of responsibility shall not be 
subject to any change or revision for at least 5 years after the date 
of the binding allocation of responsibility final decision. Thereafter 
a new binding allocation of responsibility process shall be available 
only if the party requesting it demonstrates that, due to new 
information not reasonably available during first binding allocation of 
responsibility, a 35 percent or greater increase in total waste-in 
volume has been discovered. If such a request for a new binding 
allocation of responsibility is granted, the same rules and procedures 
described for initial binding allocations of responsibility apply to 
the new or revised binding allocation of responsibility. New binding 
allocations of responsibility shall only apply to funds actually 
expended after the effective date of the new binding allocation of 
responsibility decision, with no credits for funds already expended. 
Subsequent new binding allocations of responsibility requests are 
prohibited until 5 years after the date of issuance of the prior new 
binding allocation of responsibility.''.

                                 <all>

HR 3624 IH----2
HR 3624 IH----3
HR 3624 IH----4
HR 3624 IH----5