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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2256 Introduced in House (IH)]

  1st Session
                                H. R. 2256

 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to make comprehensive improvements in provisions 
                   relating to liability and funding.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1995

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

_______________________________________________________________________

                                 A BILL

 
 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to make comprehensive improvements in provisions 
                   relating to liability and funding.
    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 Equity and 
Acceleration Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                           TITLE I--LIABILITY

Sec. 101. Release of evidence.
Sec. 102. Elimination of retroactive liability.
Sec. 103. Limitation on liability of certain owners and operators.
Sec. 104. Contribution protection.
Sec. 105. Contiguous properties.
Sec. 106. Lender and fiduciary liability.
Sec. 107. Definitions.
Sec. 108. Assignment of shares of liability for costs of response 
                            actions at national priority list sites.
Sec. 109. Enforcement of response actions through joint and several 
                            liability.
Sec. 110. Establishment of binding allocation of responsibility 
                            process.
Sec. 111. Site redevelopment.
Sec. 112. Liability of response action contractors.
                           TITLE II--FUNDING

Sec. 201. Hazardous Substance Revolving Fund.
                           TITLE I--LIABILITY

SEC. 101. RELEASE OF EVIDENCE.

    (a) Timely Access to Information Furnished Under Section 104(e).--
Section 104(e)(7)(A) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(e)(7)(A)) is 
amended by inserting after ``shall be available to the public'' the 
following: ``not later than 14 days after the records, reports, or 
information is obtained''.
    (b) Requirement To Provide PRPs Evidence of Liability.--(1) 
Subsection (a) of section 106 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) 
is amended by adding at the end the following: ``In any case in which 
the President issues an order to a person under this subsection, the 
President shall provide information concerning the evidence that 
indicates that each element of liability contained in subparagraph (A), 
(B), (C), or (D) of section 107(a)(1) is present.''.
    (2) Section 122(e)(1) of such Act is amended by inserting after 
subparagraph (C) the following:
                    ``(D) For each potentially responsible party, the 
                evidence that indicates that each element of liability 
                contained in subparagraph (A), (B), (C), or (D) of 
                section 107(a)(1) is present.''.
SEC. 102. ELIMINATION OF RETROACTIVE LIABILITY.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) is amended 
by adding at the end the following new subsection:
    ``(n) Retroactive Liability Cut-Off Date; Cost Reimbursement 
Provisions.--
            ``(1) Retroactive liability cut-off date.--Subject to the 
        provisions in this subsection, a person is liable under this 
        section only for actions occurring after December 31, 1986.
            ``(2) Exception for illegal actions.--Paragraph (1) does 
        not apply to actions occurring on or before December 31, 1986, 
        which were contrary to law at the time of the actions. For 
        purposes of this paragraph, actions shall be considered to be 
        contrary to law at the time of the actions if the actions are 
        determined by a court before, on, or after the date of the 
        enactment of this subsection to have been illegal at the time 
        the actions occurred.
            ``(3) Reimbursement.--Reimbursement or payment for costs 
        incurred under this Act for actions for which a person is not 
        liable under this section by reason of paragraph (1) shall be 
        made from the Hazardous Substance Revolving Fund in accordance 
        with paragraphs (4) and (5).
            ``(4) Pre-1987 sites.--For a site or facility with respect 
        to which all actions occurred before January 1, 1987, the 
        following reimbursement rules apply:
                    ``(A) No reimbursement for costs incurred before 
                date of enactment of subsection for certain sites.--In 
                the case of such a site or facility that was discovered 
                before June 1, 1995, no reimbursement may be made from 
                the Hazardous Substance Revolving Fund to the 
                potentially responsible parties concerned for costs 
                incurred before the date of the enactment of this 
                subsection for construction or operation and 
                maintenance of a response action at such a site or 
                facility.
                    ``(B) Reimbursement for certain costs.--The 
                President shall use amounts from the Hazardous 
                Substance Revolving Fund to pay--
                            ``(i) in the case of such a site or 
                        facility where construction was completed by 
                        June 1, 1995, any costs of operation and 
                        maintenance incurred on or after the date of 
                        the enactment of this subsection;
                            ``(ii) in the case of such a site or 
                        facility where construction was not completed 
                        by June 1, 1995, any costs of construction or 
                        operation and maintenance incurred on or after 
                        such date of enactment; and
                            ``(iii) in the case of such a site or 
                        facility that is discovered after June 1, 1995, 
                        all costs of the response action (including 
                        construction and operation and maintenance) 
                        incurred on or after the date of the enactment 
                        of this subsection, except that such costs 
                        shall not include attorneys' fees or other 
                        costs associated with litigation related to the 
                        response action.
            ``(5) Straddle sites.--For a site or facility with respect 
        to which actions occurred both before and after January 1, 1987 
        (hereinafter in this subsection referred to as a `straddle site 
        or facility'), the following reimbursement rules apply:
                    ``(A) No reimbursement for costs incurred before 
                date of enactment of subsection for certain sites.--In 
                the case of a straddle site or facility that was 
                discovered before June 1, 1995, no reimbursement may be 
                made from the Hazardous Substance Revolving Fund to the 
                potentially responsible parties concerned for costs 
                incurred before the date of the enactment of this 
                subsection for construction or operation and 
                maintenance of a response action at the site or 
                facility.
                    ``(B) Reimbursement for certain costs.--The 
                President shall use amounts from the Hazardous 
                Substance Revolving Fund to pay--
                            ``(i) in the case of a straddle site or 
                        facility where construction was completed by 
                        June 1, 1995, any costs of operation and 
                        maintenance incurred on or after the date of 
                        the enactment of this subsection that are 
                        attributable to pre-1987 actions (as determined 
                        pursuant to an allocation for which a petition 
                        is granted under paragraph (6) of this 
                        subsection);
                            ``(ii) in the case of a straddle site or 
                        facility where construction was not completed 
                        by June 1, 1995, any costs of construction or 
                        operation and maintenance incurred on or after 
                        such date of enactment that are attributable to 
                        pre-1987 actions (as determined pursuant to an 
                        allocation for which a petition is granted 
                        under paragraph (6) of this subsection); and
                            ``(iii) in the case of a straddle site or 
                        facility that is discovered on or after June 1, 
                        1995, all costs of the response action 
                        (including construction and operation and 
                        maintenance) incurred on or after the date of 
                        the enactment of this subsection that are 
                        attributable to pre-1987 actions (as determined 
                        pursuant to an allocation in accordance with 
                        title V), except that such costs shall not 
                        include attorneys' fees or other costs 
                        associated with litigation related to the 
                        response action.
            ``(6) Petition for allocation.--A potentially responsible 
        party of a straddle site or facility that was discovered before 
        June 1, 1995, may petition the President for an allocation in 
        accordance with title V of the construction and operation and 
        maintenance costs attributable to pre-1987 actions. In the case 
        of a straddle site or facility where construction was completed 
        by June 1, 1995, any such petition must be made not later than 
        90 days after the date of the enactment of this subsection. In 
        the case of a straddle site or facility where construction was 
        not completed by June 1, 1995, any such petition must be made 
        not later than 90 days after the date on which the construction 
        is completed. The President shall grant any petition for an 
        allocation of pre-1987 costs incurred at a straddle site or 
        facility upon determining that the site or facility is in fact 
        a straddle site or facility.
            ``(7) Effect on concluded actions.--This subsection shall 
        not affect any judicial or administrative action from which all 
        direct appeals have been made and finally acted upon, or with 
        respect to which the time for filing such appeals has passed 
        and no appeals have been filed, as of the date of the enactment 
        of this subsection.
            ``(8) Definitions.--In this subsection:
                    ``(A) The term `action' means any action for which 
                a person is liable under paragraph (1), (2), (3), or 
                (4) of subsection (a).
                    ``(B) The term `person' has the meaning provided in 
                section 101(21) but does not include the United States 
                Government.''.

SEC. 103. LIMITATION ON LIABILITY OF CERTAIN OWNERS AND OPERATORS.

    (a) Exemption for Grantees of Certain Easements.--Subsection (a) of 
section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9607(a)) is amended--
            (1) in paragraph (4), by striking out ``shall be liable 
        for--'' and inserting in lieu thereof ``shall be liable, except 
        as provided in paragraph (5), for--''; and
            (2) by adding at the end the following new paragraph:
    ``(5) In the case of a person who is a qualified organization under 
section 170(h)(3) of the Internal Revenue Code of 1986 and who is the 
grantee of a conservation easement with respect to real property on 
which a facility is located, the person shall not be considered an 
owner or operator of the facility under paragraph (1) or (2) unless the 
person, by any act or omission, causes or contributes to the release or 
threatened release of a hazardous substance that causes the incurrence 
of response costs. For purposes of this paragraph, the term 
``conservation easement'' means a restriction on the use of land for 
purposes of protecting in perpetuity a conservation purpose listed in 
section 170(h)(4) of the Internal Revenue Code of 1986.''.
    (b) Safe Harbor for Innocent Landowner Defense.--(1) Section 
101(35) of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by 
redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), 
respectively and inserting after subparagraph (B), the following:
            ``(C)(i) A defendant who has acquired real property shall 
        have established a rebuttable presumption that he has made all 
        appropriate inquiry within the meaning of subparagraph (B) if 
        he establishes that, immediately prior to or at the time of 
        acquisition, he obtained an environmental assessment of the 
        real property which meets the requirements of this 
        subparagraph.
            ``(ii) For purposes of this subparagraph, the term 
        `environmental professional' means an individual, or an entity 
        managed or controlled by such individual who, through academic 
        training, occupational experience and reputation (such as 
        engineers, environmental consultants and attorneys), can 
        objectively conduct one or more aspects of an environmental 
        assessment. For purposes of this subparagraph, the term 
        `environmental assessment' means an investigation of the real 
        property, conducted by environmental professionals, to 
        determine or discover the likelihood of the presence or 
        substantial reason to suspect the presence of a release or 
        threatened release of hazardous substances on the real property 
        and which consists of a review of each of the following sources 
        of information concerning the previous ownership and uses of 
        the real property:
                    ``(I) Recorded chain of title documents regarding 
                the real property, including all deeds, easements, 
                leases, restrictions, and covenants for a period of 50 
                years.
                    ``(II) Aerial photographs which may reflect prior 
                uses of the real property and which are reasonably 
                accessible through State or local government agencies.
                    ``(III) Determination of the existence of recorded 
                environmental cleanup liens against the real property 
                which have arisen pursuant to Federal, State, and local 
                statutes.
                    ``(IV) Reasonably obtainable Federal, State, and 
                local government records of sites or facilities where 
                there has been a release of hazardous substances and 
                which are likely to cause or contribute to a release or 
                threatened release of hazardous substances on the real 
                property, including investigation reports for such 
                sites or facilities; reasonably obtainable Federal, 
                State, and local government environmental records of 
                activities likely to cause or contribute to a release 
                or a threatened release of hazardous substances on the 
                real property, including landfill and other disposal 
                location records, underground storage tank records, 
                hazardous waste handler and generator records and spill 
                reporting records; and such other reasonably obtainable 
                Federal, State, and local government environmental 
                records which report incidents or activities which are 
                likely to cause or contribute to a release or 
                threatened release of hazardous substances on the real 
                property. A record is considered to be reasonably 
                obtainable for purposes of this subclause if a copy or 
                reasonable facsimile of the record is obtainable from 
                the government agency by request.
                    ``(V) A visual site inspection of the real property 
                and all facilities and improvements on the real 
                property, and a visual inspection of immediately 
                adjacent properties from the real property, including 
                an investigation of any chemical use, storage, 
                treatment and disposal practices on the property.
            ``(iii) No presumption shall arise under clause (i) unless 
        the defendant has maintained a compilation of the information 
        reviewed in the course of the environmental assessment.
            ``(iv) Notwithstanding any other provision of this 
        paragraph, if the environmental assessment discloses the 
        presence or likely presence of a release or threatened release 
        of hazardous substances on the real property to be acquired, no 
        presumption shall arise under clause (i) with respect to such 
        release or threatened release unless the defendant has taken 
        reasonable steps, in accordance with current technology 
        available, existing regulations, and generally acceptable 
        engineering practices, as may be necessary to confirm the 
        absence of such release or threatened release.''.
    (2) Subparagraph (C) of section 101(35) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
added by paragraph (1), shall take effect on the date of the enactment 
of this Act.

SEC. 104. CONTRIBUTION PROTECTION.

    Section 113(f)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9613(f)(2)) is 
amended in the first sentence by inserting ``or cost recovery'' after 
``contribution''.

SEC. 105. CONTIGUOUS PROPERTIES.

    Section 107(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)), as amended 
by section 103(a), is further amended by adding at the end the 
following new paragraph:
            ``(6) A person who owns or operates real property that is 
        contiguous to or otherwise situated with respect to real 
        property on which there has been a release of a hazardous 
        substance and that is or may be contaminated by such release 
        shall not be considered an owner or operator of a facility 
        under paragraph (1) solely by reason of such contamination. The 
        President may issue assurances of no enforcement action under 
        this Act to any such person and may grant any such person 
        protection against cost recovery and contribution actions 
        pursuant to section 113(f)(2).''.

SEC. 106. LENDER AND FIDUCIARY LIABILITY.

    (a) Rulemaking Authority for Security Interest Exemption.--Section 
115 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (15 U.S.C. 9615) is amended--
            (1) by redesignating the text of the section as subsection 
        (a); and
            (2) by adding at the end the following:
    ``(b)(1) Pursuant to the authority conferred by this section, the 
President shall issue, within 30 days after the date of enactment of 
the Superfund Liability Equity and Acceleration Act, regulations to 
define the terms of this Act as they apply to lenders and other 
financial services providers. These regulations shall clarify the 
definition of the term `owner or operator' contained in section 
101(20)(A) by--
            ``(A) defining the terms `indicia of ownership', `security 
        interest', `primarily to protect a security interest', and 
        `participation in management'; and
            ``(B) specifying the types of activities that may be 
        undertaken without voiding the exemption to liability provided 
        by section 101(20)(A).
    ``(2) The following clarifications shall be included among the 
provisions in the regulations issued under paragraph (1):
            ``(A) The term `participation in management' does not 
        include--
                    ``(i) the mere capacity to influence, or ability to 
                influence, or the unexercised right to control facility 
                operations; or
                    ``(ii) any act of the security interest holder to 
                require another person or itself, to comply with 
                applicable laws or to respond lawfully to disposal of 
                any hazardous substance.
            ``(B) A security interest holder will not be deemed to be 
        participating in management of a facility unless the security 
        interest holder--
                    ``(i) has undertaken responsibility for the 
                facility's hazardous substance handling or disposal 
                practices; or
                    ``(ii) has undertaken overall management of the 
                facility encompassing day-to-day decisionmaking over 
                either environmental compliance or over the 
                operational, as opposed to financial and 
                administrative, aspects of the facility.
            ``(C) Legal or equitable title acquired by a security 
        interest holder through foreclosure or its equivalents will be 
        deemed to be held primarily to protect a security interest 
        provided that the holder undertakes to sell, re-lease, or 
        otherwise divest the property in a reasonably expeditious 
        manner on commercially reasonable terms.''.
    (b) Protection for Fiduciaries From Individual Liability.--(1) 
Section 101(20) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is amended 
by adding at the end the following new subparagraph:
            ``(E)(i) The term `owner or operator' does not include a 
        fiduciary who holds legal title to, is the mortgagee or secured 
        party with respect to, controls, or manages, directly or 
        indirectly, any facility or vessel for purposes of 
        administering an estate or trust of which such facility or 
        vessel is a part.
            ``(ii) For purposes of clause (i), the term `fiduciary' 
        means a person who is acting in any of the following 
        representative capacities, but only to the extent such person 
        is acting in such representative capacity:
                    ``(I) An executor or administrator of an estate, 
                including a voluntary executor or a voluntary 
                administrator.
                    ``(II) A guardian.
                    ``(III) A conservator.
                    ``(IV) A trustee under a will under which the 
                trustee takes title to, or otherwise controls or 
                manages, property for the purpose of protecting or 
                conserving such property under the ordinary rules 
                applied in State courts.
                    ``(V) A court-appointed receiver.
                    ``(VI) A trustee appointed in proceedings under 
                Federal bankruptcy laws.
                    ``(VII) An assignee or a trustee acting under an 
                assignment made for the benefit of creditors.
                    ``(VIII) A trustee, or any successor thereto, 
                pursuant to an indenture agreement, trust agreement, 
                lease, or similar financing agreement, for debt 
                securities, certificates of interest of participation 
                in any such debt securities, or other forms of 
                indebtedness as to which it is not, in its capacity as 
                trustee, the lender.''.
    (2) Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607), as amended by 
section 102, is further amended by adding at the end the following new 
subsection:
    ``(o) Fiduciary Liability.--(1) Except as provided in paragraph 
(3), a fiduciary (as defined in section 101(20)) shall not be liable in 
its individual capacity under this section.
    ``(2) Nothing in this paragraph may be construed as preventing 
claims under this Act against--
            ``(A) the assets of the estate or trust administered by a 
        fiduciary; or
            ``(B) non-employee agents or independent contractors 
        retained by a fiduciary.
    ``(3) Nothing in this paragraph may be construed as preventing 
claims under this Act against a fiduciary in its individual capacity 
whose negligent acts or intentional misconduct caused a release or 
threatened release of hazardous substances at a facility or vessel. A 
fiduciary shall not be attributed with the negligence or intentional 
misconduct of non-employee agents or independent contractors if the 
fiduciary has conducted itself without negligence or intentional 
misconduct with regard to its relationship with such agents or 
contractors.''.

SEC. 107. 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 less than one hundred pounds or one hundred liters 
        of material containing hazardous substances at a facility, or 
        such greater or lesser amount as the Administrator may 
        determine by regulation.
            ``(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(g)(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 Revolving Fund 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, including all 
        shares eligible for reimbursement or payment pursuant to 
        section 107(n).
            ``(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. 108. 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 
subsection. The orphan share of a National Priority List site shall be 
paid out of the Hazardous Substance Revolving Fund, as determined by 
final binding allocation of liability.''.

SEC. 109. 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), as amended by 
section 106, is further amended by adding at the end the following: 
    ``(p) 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.
    ``(q) 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 Revolving Fund.
    ``(r) 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. 110. 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) Allocation Panels.--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.

``SEC. 502. QUALIFICATIONS AND POWERS OF 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 shall credit all of the reasonable 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 Parties.--(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 one hundred pounds or one hundred 
liters of material containing hazardous substances at the facility (or 
such greater or lesser amount as the Administrator may determine by 
regulation), 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 person included on the list of de micromis parties is 
exempt from liability to the United States and shall have no other 
liability (including liability for contribution), under Federal or 
State law, to any person for response actions or for any past, present, 
or future costs incurred at the site, provided that the person takes no 
other actions after being included on the list that would give rise to 
a separate basis for liability under this Act.
    ``(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 (g)(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, provided that they 
take no other actions after making such settlement payment that would 
give risk to a separate basis for their liability under this Act.
    ``(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 panel shall include the 
Government's costs of carrying out the allocation as part of the 
response costs to be included in the final BAR decision. 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 
assigned to the Revolving Fund. Where an orphan party is able to pay 
only a portion of its assigned share, the allocation panel shall 
allocate 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. The amount of nonhazardous substances 
                contributed by the liable party may not be considered.
                    ``(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, and the relative culpability 
                of that party for the threat to human health and the 
                environment associated with the 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.
            ``(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 stated in dollars, not a percentage share of the 
        cleanup costs, and 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 may be increased by a 
        reasonable premium (not exceeding 100 per cent of the de 
        minimis party's allocated share) to reflect the benefit of an 
        early and complete resolution of liability, including 
        consideration of whether the remedy at the site will entail 
        multiple phases or operable units. 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. 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 Revolving Fund. 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, 
        provided that they take no other actions after making such 
        settlement payment that would give rise to a separate basis for 
        their liability under this Act.
            ``(E) All proceeds from de minimis settlements under this 
        paragraph that represent the allocated shares of de minimis 
        parties at a site shall be held by the Administrator for timely 
        payment 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 Revolving Fund to be used specifically for costs of 
        response action at the site. Any amounts of such settlements 
        remaining in the Revolving Fund after completion of the 
        response action shall be available in the Revolving Fund 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 an 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 Revolving Fund.

``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 (after being notified of the requirement for a certification) 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.
    ``(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.

``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. 
        Any person determined by the allocation panel to be a liable 
        party, other than the Administrator and the guardian, 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 
        unsupported by substantial evidence.
            ``(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) Conduct of response action during pendency of 
        review.--During the pendency of a petition for review under 
        this section, response action with respect to the site may 
        occur, but only as provided in section 121(b)(7).
            ``(6) 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.
            ``(7) 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 may participate in the 
                settlement based on its assigned share if the 
                petitioner notifies the court of such intention within 
                10 days after the court's decision on the petition.
                    ``(iii) If the petitioner does not give notice as 
                described in clause (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.
                    ``(iv) A petitioner covered by clause (ii) is 
                subject to claims for contribution from, and 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 Revolving Fund, 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 Revolving 
                Fund, 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 Revolving Fund, the orphan 
                share), and demand that the debtor party pay such 
                demand amount within 30 days after receipt of the 
                notice. Any demand notice served by a creditor party 
                shall provide that a debtor party may pay the demand 
                amount over a period of time in installment payments. 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 (or, in the case of a debtor party paying by 
installments, within 30 days after an installment payment is due), 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 Revolving Fund fails to pay the sum specified 
in a demand notice within 30 days after receipt of the notice, the 
Revolving 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 Revolving Fund.
    ``(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, and shall be granted 
covenants not to sue by the Federal Government and the State government 
concerned, 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 implement immediate risk reduction measures 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, an 
        allocation panel or court may issue a stay of such action. Any 
        such stay may last 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 at a National 
        Priority List site 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 the 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.''.

SEC. 111. SITE REDEVELOPMENT.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607), as amended by 
section 109, is further amended by adding at the end the following:
    ``(s) Site Redevelopment.--
            ``(1) Exemption.--No person who is a qualified redeveloper 
        shall be liable under this title for costs or damages with 
        respect to the release of any hazardous substance or the threat 
        of any such release from any facility solely by reason of an 
        agreement by such person to redevelop such facility after a 
        response action has been completed (as determined by the 
        President) at such facility.
            ``(2) Qualified redeveloper.--For purposes of this 
        subsection, the term `qualified redeveloper' means a person who 
        is not otherwise liable under section 107 and did not cause or 
        contribute to the release or threat of release which 
        necessitated the response action referred to in paragraph 
        (1).''.
SEC. 112. LIABILITY OF RESPONSE ACTION CONTRACTORS.

    (a) Extension of Negligence Standard.--Subsection (a) of section 
119 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 is amended--
            (1) in paragraph (1) by striking out ``title or under any 
        other Federal law'' and inserting in lieu thereof ``title, 
        under any other Federal law, or under the law of any State or 
        political subdivision of a State''; and
            (2) by adding at the end of paragraph (2) the following: 
        ``Such conduct shall be evaluated based on the generally 
        accepted standards and practices in effect at the time and 
        place that the conduct occurred.''.
    (b) Extension of Indemnification Authority.--Section 119(c) of such 
Act is amended by adding at the end of paragraph (1) the following: 
``Any such agreement may apply to claims for negligence arising under 
Federal, State, or common law.''.
    (c) Extension of Coverage.--Section 119(e) of such Act is amended 
in the text appearing after subparagraph (D)--
            (1) by striking out ``List, or any removal under this 
        Act,'' and inserting in lieu thereof ``List, any removal under 
        this Act, or any response action under this Act at a facility 
        using an alternative or innovative technology,''; and
            (2) by inserting before the period the following: ``, or to 
        undertake appropriate natural resource restoration actions 
        necessary to protect and restore any natural resources damaged 
        by such release or threatened release of a hazardous substance 
        or pollutant or contaminant''.
    (d) Indemnification for Threatened Releases.--Section 119(c)(5) of 
such Act is amended in subparagraph (A) by inserting ``or threatened 
release'' after ``release'' both places it appears.
    (e) Clarification of Liability.--Section 101 of such Act, as 
amended by section 106, is further amended by adding at the end of 
paragraph (20) the following:
            ``(F) The term `owner or operator' does not include any 
        person carrying out a written contract or agreement with any 
        Federal agency, any State (or any political subdivision of a 
        State), or any responsible party to provide any response action 
        or any form of services or equipment ancillary to such response 
        action. Any such person shall not be considered to have caused 
        or contributed to any release or threatened release of, or to 
        have arranged for disposal or treatment of, or arranged with a 
        transporter for transport for disposal or treatment of, or 
        transported, hazardous substances or pollutants or 
        contaminants. This subparagraph shall not apply to any person 
        potentially responsible under section 106 or 107 other than 
        those persons associated solely with the provision of response 
        action or any form of ancillary services or equipment.''.
    (f) Federal Statute of Repose.--Section 119 of such Act is further 
amended by adding at the end the following new subsection:
    ``(g) Limitation on Actions Against Response Action Contractors.--
No action to recover for any injury to property, real or personal, or 
for bodily injury or wrongful death, or any other expenses or costs 
arising out of the performance of services under a response action 
contract, nor any action for contribution or indemnity for damages 
sustained as a result of such injury, shall be brought against any 
response action contractor more than 6 years after the completion of 
work at any site under such contract. The limitation prescribed in this 
subsection shall not affect any right of indemnification that such 
response action contractor may have under this section or may acquire 
by written agreement with any party.''.

                           TITLE II--FUNDING

SEC. 201. HAZARDOUS SUBSTANCE REVOLVING FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund to be known as the Hazardous Substance 
Revolving Fund (hereinafter in this section referred to as the 
``Revolving Fund''), consisting of such amounts as may be--
            (1) appropriated, credited, or transferred to the Hazardous 
        Substance Superfund; and
            (2) credited or transferred to the Revolving Fund.
    (b) Offsetting Collections.--For purposes of the Congressional 
Budget Act of 1974 (2 U.S.C. 601 et seq.) and part C of the Balanced 
Budget and Emergency Deficit Act of 1985 (2 U.S.C. 900 et seq.), all 
amounts received in the Revolving Fund shall be treated as offsetting 
collections.
    (c) Use of Revolving Fund.--Amounts in the Revolving Fund shall be 
available, as provided in appropriation Acts, only for purposes of 
making expenditures--
            (1) to carry out the purposes of paragraphs (1) and (2) of 
        section 111(a) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a));
            (2) to carry out the purposes of paragraphs (3), (4), (5), 
        (6), (8), (9), and (11) of section 111(c) of such Act;
            (3) to carry out the purposes of section 111(m) of such 
        Act;
            (4) for reimbursement as provided in section 107(n) of such 
        Act (as added by section 102 of this Act); and
            (5) to carry out the purposes specified in title V of such 
        Act (as added by section 110 of this Act).
    (d) Investment.--(1) It shall be the duty of the Secretary of the 
Treasury to invest such portion of the Revolving Fund as is not, in his 
judgment, required to meet current withdrawals. Such investments may be 
made only in interest-bearing obligations of the United States. For 
such purpose, such obligations may be acquired--
            (A) on original issue at the issue price, or
            (B) by purchase of outstanding obligations at the market 
        price.
    (2) Any obligation acquired by the Revolving Fund may be sold by 
the Secretary of the Treasury at the market price.
    (3) The interest on, and the proceeds from the sale or redemption 
of, any obligation held in the Revolving Fund shall be credited to and 
form a part of the Revolving Fund.
    (e) Effective Date.--This section shall take effect on October 1, 
1996.
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