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 na-
tional 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—STATE IMPLEMENTATION
Sec. 201. State authority.
Sec. 202. Transfer of authorities.
Sec. 203. EPA oversight costs.
TITLE III—REMEDY SELECTION
Sec. 301. Immediate risk reduction measures.
Sec. 302. Site scoring.
Sec. 303. Long-term response plan.
Sec. 304. Long-term response selection.
Sec. 305. Periodic review.
Sec. 306. Delisting of facilities and sites.
TITLE IV—FUNDING
Sec. 401. 5-year extension of Hazardous Substance Superfund.
Sec. 402. Increase in environmental income tax.
Sec. 403. Environmental fees and assessments on insurance companies.
Sec. 404. Retroactive Liability 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 pub-
lic’’ 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 Com-
prehensive 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 sub-
section, 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 in-
serting after subparagraph (C) the following:
‘‘(D) For each potentially responsible
party, the evidence that indicates that each ele-
ment 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 Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(a)) is amended by adding at the end the fol-
lowing new subsection:
‘‘(n) RETROACTIVE LIABILITY CUT-OFF DATE; COST
REIMBURSEMENT PROVISIONS.—
‘‘(1) IN GENERAL.—Subject to the provisions in
this subsection, a person is liable under this section
only for actions occurring after December 11, 1980.
The provisions of this subsection shall not apply to
actions occurring before December 11, 1980 which
were contrary to law at the time of the actions. Re-
imbursement or payment from the Retroactive Li-
ability Fund (established by section 9512 of the In-
ternal Revenue Code of 1986) shall be made pursu-
ant to section 508.
‘‘(2) PRE-1981 SITES.—With respect to sites or
facilities with respect to which all actions for which
liability arising under this Act occurred before De-
cember 11, 1980, the following rules apply:
‘‘(A) CONSTRUCTION
COMPLETED.—For
such sites or facilities where the construction of
the response action has been completed by Jan-
uary 1, 1994, no reimbursement may be made
from the Retroactivity Liability Fund to the po-
tentially responsible parties concerned for costs
incurred for such construction. If a potentially
responsible party is conducting operation and
maintenance related to the response action at
the site or facility as of January 1, 1994, the
President shall assume the future costs of such
operation and maintenance and shall reimburse
the party for such costs incurred.
‘‘(B) CONSTRUCTION ONGOING.—For such
sites or facilities where the construction of the
response action has not been completed by Jan-
uary 1, 1994, reimbursement may be made to
the potentially responsible parties concerned for
costs incurred for such construction, but only
after the construction is completed. After con-
struction is complete, the President shall as-
sume future costs for any operation and main-
tenance related to the response action.
‘‘(C) 
DISCOVERY
AFTER
JANUARY
1,
1994.—For such sites or facilities that are dis-
covered after January 1, 1994, the President
shall use amounts from the Retroactive Liabil-
ity Fund to pay for all costs of the response ac-
tion. Such costs shall not include attorney’s fees
or other costs associated with litigation related
to the response action.
‘‘(3) STRADDLE SITES.—With respect to sites
or facilities with respect to which actions for which
liability arising under this Act occurred both before
and after December 11, 1980, the following rules
apply:
‘‘(A) CONSTRUCTION
COMPLETED.—For
such sites or facilities where the construction of
the response action has been completed by Jan-
uary 1, 1994, no reimbursement may be made
from the Retroactive Liability Fund to the po-
tentially responsible parties concerned for costs
incurred for such construction. If a potentially
responsible party is conducting operation and
maintenance related to the response action at
the site or facility as of January 1, 1994, the
potentially responsible party may, within 90
days after the date of enactment of the Com-
prehensive Superfund Improvement Act, peti-
tion the President for an allocation (in accord-
ance with title V) of the operation and mainte-
nance costs. The allocation shall determine
which portion of the operation and maintenance
costs are attributable to actions occurring be-
fore December 11, 1980, and which are attrib-
utable to actions occurring after such date, and
shall provide for the reimbursement of the po-
tentially responsible party, from the Retroactive
Liability Fund, of those costs attributable to
actions occurring before December 11, 1980.
‘‘(B) CONSTRUCTION ONGOING.—For such
sites or facilities where the construction of the
response action has not been completed by Jan-
uary 1, 1994, the potentially responsible parties
concerned shall complete construction and con-
duct any required operation and maintenance.
A potentially responsible party may, with 90
days after construction of the response action is
complete, petition the President for an alloca-
tion (in accordance with title V) of both the
construction and operation and maintenance
costs. The allocation shall determine which por-
tion of the construction and operation and
maintenance costs are attributable to actions
occurring before December 11, 1980, and which
are attributable to actions occurring after such
date, and shall provide for the reimbursement
of the potentially responsible party, from the
Retroactive Liability Fund, of those costs at-
tributable to actions occurring before December
11, 1980.
‘‘(C) 
DISCOVERY
AFTER
JANUARY
1,
1994.—For such sites or facilities that are dis-
covered after January 1, 1994, the President
shall use amounts from the Retroactive Liabil-
ity Fund to pay for costs of the response action,
including construction and operation and main-
tenance, attributable to actions occurring before
December 11, 1980.
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘actions’ includes ownership or
operation of a facility at which hazardous substances
were disposed of, disposal of hazardous substances,
arrangement with a transporter for transport for
disposal or treatment of a hazardous substance, and
any other activities described in subsection (a).
‘‘(B) The term ‘person’ has the meaning pro-
vided 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 EASE-
MENTS.—Subsection (a) of section 107 of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity 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 (4), for the
costs and damages set forth in paragraph (2).’’;
(2) by inserting before subparagraph (A) the
following:
‘‘(2) The costs and damages for which persons de-
scribed in paragraph (1) shall be liable are—’’;
(3) by aligning the margins of subparagraphs
(A), (B), (C), and (D) so as to be cut in two ems;
(4) by inserting ‘‘(1)’’ before ‘‘Notwithstanding
any other provision or rule of law,’’;
(5) by redesignating paragraphs (1), (2), (3),
and (4) as subparagraphs (A), (B), (C), and (D), re-
spectively;
(6) by inserting ‘‘(3)’’ before the text beginning
with ‘‘The amounts recoverable in an action under
this section’’ (and aligning such text as a paragraph
below paragraphs (1) and (2) (as redesignated)) and
in that text—
(A) by inserting ‘‘of paragraph (2)’’ after
‘‘subparagraphs (A) through (D)’’;
(B) by striking out ‘‘(i)’’ and inserting in
lieu thereof ‘‘(A)’’; and
(C) by striking out ‘‘(ii)’’ and inserting in
lieu thereof ‘‘(B)’’; and
(7) by adding at the end the following new
paragraph:
‘‘(4) In the case of a person who is a qualified organi-
zation 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 subparagraph (A) or (B)
of paragraph (1) unless the person, by any act or omis-
sion, causes or contributes to the release or threatened re-
lease 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 con-
servation purpose listed in section 170(h)(4) of the Inter-
nal Revenue Code of 1986.’’.
(b) SAFE HARBOR FOR INNOCENT LANDOWNER DE-
FENSE.—(1) Section 101(35) of the Comprehensive Envi-
ronmental Response, Compensation and Liability Act of
1980 (42 U.S.C. 9601 et seq.) is amended by redesignat-
ing 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 pre-
sumption that he has made all appropriate inquiry
within the meaning of subparagraph (B) if he estab-
lishes that, immediately prior to or at the time of ac-
quisition, 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 individ-
ual, or an entity managed or controlled by such indi-
vidual who, through academic training, occupational
experience and reputation (such as engineers, envi-
ronmental consultants and attorneys), can objec-
tively conduct one or more aspects of an environ-
mental assessment. For purposes of this subpara-
graph, 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 re-
lease of hazardous substances on the real property
and which consists of a review of each of the follow-
ing sources of information concerning the previous
ownership and uses of the real property:
‘‘(I) Recorded chain of title documents re-
garding 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 re-
corded 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 haz-
ardous 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 re-
lease or a threatened release of hazardous sub-
stances on the real property, including landfill
and other disposal location records, under-
ground storage tank records, hazardous waste
handler and generator records and spill report-
ing records; and such other reasonably obtain-
able Federal, State, and local government envi-
ronmental records which report incidents or ac-
tivities 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 pur-
poses 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 im-
mediately 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 compila-
tion of the information reviewed in the course of the
environmental assessment.
‘‘(iv) Notwithstanding any other provision of
this paragraph, if the environmental assessment dis-
closes 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 tech-
nology available, existing regulations, and generally
acceptable engineering practices, as may be nec-
essary to confirm the absence of such release or
threatened release.’’.
(2) Subparagraph (C) of section 101(35) of the Com-
prehensive 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 Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9613(f)(2)) is amended in the first sen-
tence 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 para-
graph:
‘‘(5) A person who owns or operates real prop-
erty 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 consid-
ered an owner or operator of a facility under para-
graph (1)(A) solely by reason of such contamination.
The President may issue assurances of no enforce-
ment action under this Act to any such person and
may grant any such person protection against cost
recovery and contribution actions pursuant to sec-
tion 113(f)(2).’’.
SEC. 106. LENDER AND FIDUCIARY LIABILITY.
(a) RULEMAKING AUTHORITY FOR SECURITY INTER-
EST EXEMPTION.—Section 115 of the Comprehensive En-
vironmental 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 Comprehensive Superfund Im-
provement Act, regulations to define the terms of this Act
as they apply to lenders and other financial services pro-
viders. 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 in-
terest’, and ‘participation in management’; and
‘‘(B) specifying the types of activities that may
be undertaken without voiding the exemption to li-
ability provided by section 101(20)(A).
‘‘(2) The following clarifications shall be included
among the provisions in the regulations issued under para-
graph (1):
‘‘(A) The term ‘participation in management’
does not include—
‘‘(i) the mere capacity to influence, or abil-
ity to influence, or the unexercised right to con-
trol 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 facil-
ity unless the security interest holder—
‘‘(i) has undertaken responsibility for the
facility’s hazardous substance handling or dis-
posal practices; or
‘‘(ii) has undertaken overall management
of the facility encompassing day-to-day deci-
sionmaking over either environmental compli-
ance or over the operational, as opposed to fi-
nancial and administrative, aspects of the facil-
ity.
‘‘(C) Legal or equitable title acquired by a secu-
rity interest holder through foreclosure or its equiva-
lents will be deemed to be held primarily to protect
a security interest provided that the holder under-
takes to sell, re-lease, or otherwise divest the prop-
erty in a reasonably expeditious manner on commer-
cially reasonable terms.’’.
(b) PROTECTION FOR FIDUCIARIES FROM INDIVID-
UAL LIABILITY.—(1) Section 101(20) of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601(20)) is amended by add-
ing 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 ves-
sel 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 ‘fidu-
ciary’ 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 es-
tate, including a voluntary executor or a vol-
untary 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 pro-
tecting 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 there-
to, pursuant to an indenture agreement, trust
agreement, lease, or similar financing agree-
ment, 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 sections 102 and 103, is
further amended by adding at the end the following new
subsection:
‘‘(m) 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 adminis-
tered by a fiduciary; or
‘‘(B) non-employee agents or independent con-
tractors 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 haz-
ardous substances at a facility or vessel. A fiduciary shall
not be attributed with the negligence or intentional mis-
conduct of non-employee agents or independent contrac-
tors if the fiduciary has conducted itself without neg-
ligence or intentional misconduct with regard to its rela-
tionship with such agents or contractors.’’.
SEC. 107. DEFINITIONS.
Section 101 of the Comprehensive Environmental Re-
sponse, 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 deter-
mine by regulation.
‘‘(41) The term ‘de minimis party’ means a lia-
ble party whose assigned share of liability is deter-
‘‘(46) The term ‘debtor party’ means the Haz-
ardous Substance Superfund and any person who is
determined to be a liable party with respect to a Na-
tional Priority List site.
‘‘(47) The term ‘binding allocation of respon-
sibility’ 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 Ad-
ministrator to represent the Environmental Protec-
tion 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 estab-
lished 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 re-
sults of such process shall be liable only for its assigned
share of the costs incurred pursuant to subparagraphs
(A), (B), and (D) of this section. The orphan share of
a National Priority List site shall be paid out of the Haz-
ardous Substance Superfund or the Retroactive Liability
Fund or any combination thereof, 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 Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is amended by adding at the end the follow-
ing: 
‘‘(n) JOINT AND SEVERAL LIABILITY OF PARTIES
WHO FAIL TO PERFORM RESPONSE ACTIONS.—In any
case in which no liable party or potentially responsible
party agrees to perform a response action at a National
Priority List site, or a liable party or potentially respon-
sible 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 re-
solved its liability to the United States, notwith-
standing 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 ac-
tion with respect to the National Priority List site.
‘‘(o) PAYMENT OF CERTAIN RESPONSE COSTS BY
FUND.—A potentially responsible party who performs and
pays for a response action at a National Priority List site
shall be reimbursed by the Hazardous Substance
Superfund.
‘‘(p) AUTHORITY TO COLLECT RESPONSE COSTS
FROM OTHERS.—A liable party who performs and pays
for a response action at a National Priority List site is
a creditor party under section 508 with respect to the site
and may recover its response costs in accordance with that
section.’’.
SEC. 110. ESTABLISHMENT OF BINDING ALLOCATION OF
RESPONSIBILITY PROCESS.
The Comprehensive Environmental Response, Com-
pensation, 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 
ALLOCA-
TION OF RESPONSIBILITY
‘‘Sec. 501. General rules governing binding allocations of responsibility.
‘‘Sec. 502. Qualifications and powers of administrative law judges and alloca-
tion 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 ALLOCA-
TIONS OF RESPONSIBILITY.
‘‘(a) ALLOCATION PANELS.—The Administrator shall
appoint panels of administrative law judges to perform ex-
pedited administrative proceedings, to be known as ‘bind-
ing allocations of responsibility’, for purposes of determin-
ing the liability of potentially responsible parties at Na-
tional Priority List sites. Each such panel shall be com-
posed 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 alloca-
tion panels under this title shall be rendered based on the
provisions of this Act and the court decisions interpreting
such provisions.
‘‘(c) RELATIONSHIP TO NATURAL RESOURCES DAM-
AGE.—Binding allocations of responsibility shall not ad-
dress or affect the liability of any person with respect to
damage to natural resources under section 107(a)(1)(C).
‘‘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 edu-
cation and training, as specified by the Administrator, in
the following subject areas:
‘‘(1) The operation of this Act and the regula-
tions promulgating this Act.
‘‘(2) The science of soil and groundwater con-
tamination and the technology for treating such con-
tamination.
‘‘(b) GENERAL POWERS.—An allocation panel shall
have the power and authority to perform all functions nec-
essary 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 informa-
tion 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 documen-
tary 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 bind-
ing 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 re-
sponsible parties wishing to present similar legal or
factual arguments use a common spokesman or con-
solidated 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 re-
sponsibility, including secretarial and clerical serv-
ices, 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 avail-
able to all parties to the binding allocation of re-
sponsibility 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 nec-
essary or appropriate for conducting the binding allocation
of responsibility or for otherwise implementing this sec-
tion. 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 nec-
essary. 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 per-
son to obey any such subpoena, any district court of the
United States in which venue is proper shall have jurisdic-
tion to order any such person to comply with such
subpoena.
‘‘(d) INFORMAL RULES OF EVIDENCE.—In conduct-
ing 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 Regula-
tions, as will promote the expeditious completion of the
proceeding.
‘‘(e) NATIONWIDE SERVICE OF PROCESS.—Any docu-
ment required to be served on a party under this title may
be served in any district where the person is found, re-
sides, 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 re-
sponsibility with respect to a National Priority List
site shall be initiated by filing a petition with the Of-
fice of the Administrative Law Judges of the Envi-
ronmental 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 allo-
cation of responsibility at a National Priority List
site not later than 30 days after initiating the reme-
dial 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 inves-
tigation 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 pro-
ceeding shall identify the petitioner and shall include
all relevant information reasonably available con-
cerning—
‘‘(A) the identity, location, history, current
status, and environmental condition of the Na-
tional Priority List site;
‘‘(B) the identity and address of each per-
son 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 informa-
tion 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 Ad-
ministrator, the State where the site is located, and
each potentially responsible party identified in the
petition. Within 20 days after the filing of the peti-
tion, the Hearing Clerk of the Office of Administra-
tive 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 Fed-
eral 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 reg-
ulatory authority, for all potentially responsible par-
ties. All information, answers, and documents dis-
covered in such investigation or search and relevant
to any aspect of the binding allocation of responsibil-
ity shall, simultaneously with the filing of the peti-
tion, 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 poten-
tially 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 inves-
tigation or search.
‘‘(6) APPOINTMENT
OF
GUARDIAN
FOR
THE
HAZARDOUS SUBSTANCE SUPERFUND AND THE RET-
ROACTIVE LIABILITY FUND.—Any petition filed by
the Administrator shall include the name and ad-
dress of the person appointed to serve as the guard-
ian for the Hazardous Substance Superfund and the
Retroactive Liability Fund for that binding alloca-
tion 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 Administra-
tive Law Judges within 10 days after the petition is
filed of the name and address of the person des-
ignated by the Administrator as the guardian for the
Hazardous Substance Superfund and the Retro-
active Liability Fund. If the Environmental Protec-
tion 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 RESPON-
SIBLE 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 pertain-
ing to any party’s potential liability;
‘‘(iii) any additional facts and issues rel-
evant 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 informa-
tion request issued by the allocation panel; and
‘‘(v) the name and address of any addi-
tional person or persons that the person filing
the statement believes may be a liable party at
the National Priority List site and all reason-
ably 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 allo-
cation panel shall mail initial information requests
and requests for production of documents to the
guardian, the State, all potentially responsible par-
ties identified in the petition, and all additional par-
ties 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
POTEN-
TIALLY
RESPONSIBLE
PARTIES.—The parties may
identify and nominate additional potentially respon-
sible parties until the expiration of the 120-day pe-
riod 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 ad-
ditional nomination shall serve notice of such nomi-
nation 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 RE-
SPONSIBLE PARTIES.—Within six months after the
filing of the petition, the allocation panel shall cause
to be published in the Federal Register and a news-
paper 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 allo-
cation panel also shall attempt to mail a copy of the
list to all parties to the binding allocation of respon-
sibility. The allocation panel shall reject the nomina-
tion of any person as a liable party or potentially re-
sponsible party if it finds that the nomination al-
leges 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 re-
sponsible party, additional potentially responsible
parties at any time before issuance of the final bind-
ing 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 par-
ties that the allocation panel determines contributed only
one hundred pounds or one hundred liters of material con-
taining hazardous substances at the facility (or such
greater or lesser amount as the Administrator may deter-
mine 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 issu-
ance 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 con-
tribution), 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 DE-
TERMINATION 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 al-
location 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 sup-
porting 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 poten-
tially 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 deter-
mine the assigned share of each liable party.
‘‘(2) FIRST ALLOCATION REPORT.—Within 90
days after the publication of the initial list of poten-
tially responsible parties in the Federal Register, the
allocation panel shall issue its first allocation report
tentatively specifying the criteria to be used in iden-
tifying 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 par-
ties 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 re-
sponsible party may file an allocation advocacy
paper with the Hearing Clerk not later than 60 days
after receipt of the first allocation report. The allo-
cation 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 respon-
sible 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 deter-
mination of its assigned share. The allocation panel
may hold such a hearing if the allocation panel de-
termines 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 requir-
ing 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 it-
self or any other potentially responsible party. A po-
tentially responsible party shall be deemed a liable
party if the allocation panel determines that the pre-
ponderance of the evidence supports the conclusion
that such party is liable.
‘‘(6) SECOND ALLOCATION REPORT.—Following
the submission of advocacy papers and at the con-
clusion 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.—Un-
less the allocation panel determines that it would un-
duly 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 para-
graph (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 par-
ties, 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 allo-
cation 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 issu-
ance 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 RESPONSIBIL-
ITY DECISION.—
‘‘(1) DECISION.—(A) Not later than the dead-
line set forth in subparagraph (B), the allocation
panel shall issue a final binding allocation of respon-
sibility 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 par-
ties 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 as-
signed share of each orphan party that is assigned
to the orphan share, and the total orphan share as-
signed to the Fund and to the Retroactive Liability
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 allo-
cation 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 lia-
ble 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 con-
cerned, compared to the total amount of haz-
ardous substances at that site.
‘‘(C) The degree of toxicity of the hazard-
ous substance contributed by the liable party.
‘‘(D) The degree of involvement by the lia-
ble 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 sub-
stance concerned, taking into account the char-
acteristics of such hazardous substance.
‘‘(F) The degree of cooperation by the lia-
ble party with Federal, State, or local officials
to prevent any harm to the public health or the
environment.
‘‘(G) The weight of the evidence as to the
liability and the appropriate share of the liable
party.
‘‘(H) The ability to pay of the liable party.
‘‘(I) Any other equitable factors deemed
appropriate.
‘‘(3) DE MINIMIS SETTLEMENTS.—(A) As part
of the final BAR decision, or at any time before the
issuance of the final BAR decision, the allocation
panel shall issue a list identifying all potentially re-
sponsible parties that the allocation panel deter-
mines 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), which-
ever is earlier, the Administrator shall make a firm
written offer of settlement to all de minimis parties.
The amount of the settlement offer for a de minimis
party shall be based on the Environmental Protec-
tion Agency’s estimate of the total cleanup cost at
the site multiplied by the de minimis party’s allo-
cated share as determined by the allocation panel
and increased by a reasonable premium (expressed
as a percentage) to reflect the benefit of an early
and complete resolution of liability, including consid-
eration of whether the remedy at the site will entail
multiple phases or operable units. All settlement of-
fers by the Administrator to de minimis parties at
the same site shall be based on the same estimate
of cleanup costs and the same premium percentage.
The settlement offer under this subparagraph is not
subject to judicial review.
‘‘(C) A de minimis party may accept or decline
a settlement offer, but any acceptance of the offer
must be made within 60 days after receipt of the
offer. A de minimis party that accepts the offer may
resolve its liability to the United States by paying
the amount of the offer to the Hazardous Substance
Superfund. Such settlement may not be reopened
after payment is made, except on grounds of fraud.
‘‘(D) De minimis parties that accept the settle-
ment 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 risk to a sepa-
rate 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 paid
by the Administrator directly to the person perform-
ing 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 Sub-
stance Superfund to be used specifically for costs of
response action at the site. Any amounts of such set-
tlements remaining in the Fund after completion of
the response action shall be available in the
Superfund for general use.
‘‘(4) SERVICE AND PUBLICATION.—The binding
allocation of responsibility decision shall be served
on the guardian, the State, and all liable parties.
The Hearing Clerk shall cause a notice of the bind-
ing allocation of responsibility decision to be pub-
lished 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)(1)(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 gov-
ernmental agency or Indian Tribe, any alleged or
nominated potentially responsible party (regardless
of whether such party participates in the binding al-
location of responsibility), and the public.
‘‘(6) EFFECT ON OTHER PROCEEDINGS.—A de-
termination that a person is a liable party under a
binding allocation of responsibility proceeding is ap-
plicable only with respect to liability being assigned
in the proceeding and not with respect to liability
being determined in any other criminal, civil, or ad-
ministrative proceeding.
‘‘SEC. 504. DUTY TO ANSWER INFORMATION REQUESTS AND
REQUESTS 
FOR 
PRODUCTION 
OF 
DOCU-
MENTS.
‘‘(a) DUTY TO ANSWER.—Each person who receives
any information request or request for production of docu-
ments from the allocation panel during a binding alloca-
tion of responsibility must provide full and timely re-
sponses to the request.
‘‘(b) CERTIFICATION OF DOCUMENTS.—Answers to
information requests and requests for production of docu-
ments shall include a certification by a responsible rep-
resentative 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 re-
sponsibility, any significant additional, new, or dif-
ferent 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 possibil-
ity 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 as-
signed share would otherwise have been, or up to 50 per-
cent 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 Sub-
stance Superfund.
‘‘SEC. 505. CIVIL AND CRIMINAL PENALTIES.
‘‘(a) CIVIL PENALTIES.—Any person who fails to
submit a complete and timely answer to an allocation pan-
el’s information request or request for production of docu-
ments or other discovery request, or who submits a re-
sponse 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 allo-
cation panel during the binding allocation of responsibility
process, including statements or representations in con-
nection with the nomination of another potentially respon-
sible 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 cor-
rected. Such penalties may be assessed by the President
in accordance with section 109 or by any other party in
a citizen suit brought under section 310. A prevailing
plaintiff in such a citizen suit shall be awarded its attor-
neys fees and up to 50 percent of the penalty imposed
by the court.
‘‘(b) CRIMINAL PENALTIES.—Any person who know-
ingly makes any false material statement or representation
in the response to an allocation panel’s information re-
quest or request for the production of documents or other
discovery request, or in any other submission to the alloca-
tion 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, impris-
oned 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 docu-
ments 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 ex-
pense, subject only to the confidentiality provisions of sub-
section (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 reposi-
tory and need not be served on other potentially respon-
sible parties, the State, or the guardian.
‘‘(b) CONFIDENTIALITY.—(1) All pleadings, docu-
ments, 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 other-
wise 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 respon-
sibility 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 speci-
fied documents from the first binding allocation of
responsibility could materially assist the second
binding allocation of responsibility.
‘‘(2) Notwithstanding paragraph (1)(D), if the origi-
nal of any document or material submitted to the alloca-
tion panel or placed in the document repository during the
binding allocation of responsibility was, while in the pos-
session of the party which provided it, otherwise discover-
able or admissible, then such original document, if subse-
quently sought from such party, shall remain discoverable
or admissible. If a fact covered in any deposition or testi-
mony adduced during the binding allocation of responsibil-
ity was, in the knowledge of the witness or deponent, oth-
erwise 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 alloca-
tion of responsibility proceeding shall not be deemed to
be a waiver of any privilege, applicable to the original doc-
ument 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 alloca-
tion of responsibility, such party shall promptly notify the
person who originally submitted such item and shall pro-
vide 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 CONFIDEN-
TIALITY REQUIREMENTS.—Any person who fails to main-
tain the confidentiality of any pleadings, documents, or
materials, or the record of any deposition or testimony ad-
duced during the binding allocation of responsibility, or
who releases any such information in violation of this sec-
tion, shall be subject to a civil penalty of up to $25,000
per violation. Such a penalty may be assessed by the Presi-
dent in accordance with section 109 or by any other party
in a citizen suit brought under section 310. A prevailing
plaintiff in such a citizen suit shall be awarded its attor-
neys fees and up to 50 percent of the penalty imposed
by the court.
‘‘SEC. 507. FINAL AGENCY ACTION AND JUDICIAL REVIEW.
‘‘(a) FINAL AGENCY ACTION.—The binding alloca-
tion 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 sub-
section. No aspect of any action, decision, ruling, or
determination by an allocation panel in any binding
allocation of responsibility proceeding shall be sub-
ject to administrative or judicial review in any Fed-
eral or State court until after the final binding allo-
cation of responsibility decision (in this subsection
referred to as the ‘final BAR decision’) is issued by
the allocation panel. Thereafter the Administrator,
the guardian, the State, or any person determined
by the allocation panel to be a liable party may ob-
tain 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 lo-
cated 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 peti-
tion 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 guard-
ian 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 administra-
tive 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 bind-
ing allocation of responsibility only if it is found to
be arbitrary, capricious, an abuse of discretion, or
contrary to constitutional right, power, privilege, or
immunity.
‘‘(4) PAYMENT
DURING
PENDENCY
OF
RE-
VIEW.—During the pendency of a petition for review
under this section, the petitioner shall pay any de-
mand notices rendered for its assigned share in ac-
cordance with the binding allocation of responsibility
decision, subject to later refund if the petitioner pre-
vails in the litigation.
‘‘(5) CONDUCT OF RESPONSE ACTION DURING
PENDENCY OF REVIEW.—During the pendency of a
petition for review under this section, response ac-
tion 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 peti-
tioner, then the difference between that share and
the share originally assigned to the petitioner shall
be added to the orphan share. If the petitioner is the
guardian and the court adopts the orphan share pro-
posed by the petitioner, then the matter shall be re-
manded to the allocation panel for the issuance, as
soon as possible, of a revised binding allocation of
responsibility decision in accordance with the deci-
sion of the court.
‘‘(7) 
LIABILITY
OF
UNSUCCESSFUL
PETI-
TIONER.—(A) In the case of a petitioner who is a
liable party petitioning for a change in the petition-
er’s assigned share, and the court does not adopt the
assigned share proposed by the petitioner, the fol-
lowing 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 pe-
titioner 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 con-
sidered 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 fol-
lowing response costs with respect to the Na-
tional Priority List site concerned:
‘‘(I) The assigned share of the peti-
tioner, as determined in the final BAR de-
cision, 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 Na-
tional Priority List site concerned.
‘‘(B) In the case of a petitioner who is a liable
party petitioning for a determination that the peti-
tioner 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 com-
pany which the petitioner believes should be assigned
liability instead), and the court denies the petition,
the petitioner is liable for its assigned share as de-
termined in the final BAR decision.
‘‘SEC. 508. COLLECTION, ENFORCEMENT, AND IMPLEMEN-
TATION.
‘‘(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 re-
sponsibility.
‘‘(B) With respect to a debtor party which
is the Hazardous Substance Superfund, or the
Retroactive Liability Fund the orphan share, as
determined under the binding allocation of re-
sponsibility.
‘‘(C) With respect to a debtor party who is
either a liable party or the Hazardous Sub-
stance Superfund, or the Retroactive Liability
Fund, any attorneys’ fees incurred by the credi-
tor 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 car-
ried out in accordance with the following provisions:
‘‘(A) The creditor party shall file a cer-
tified 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 de-
mand 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 de-
mand notice shall specify the total amount of
costs covered by the notice, state a demand
amount (consisting of the debtor party’s as-
signed share or, with regard to the Fund, the
orphan share), and demand that the debtor
party pay such demand amount within 30 days
after receipt of the notice. 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 par-
ties and the guardian quarterly.
‘‘(E) Where several liable parties, or a lia-
ble 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 Superfund or the Retroactive Li-
ability Fund fails to pay the sum specified in a demand
notice within 30 days after receipt of the notice, the Fund
or the Retroactive Liability Fund shall be liable for inter-
est 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 ac-
tions 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 lim-
ited 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 judi-
cial 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 ju-
dicial 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 re-
coverable from the Hazardous Substance Superfund.
‘‘(e) CONTRIBUTION PROTECTION.—Liable parties
that pay their assigned share and comply with the binding
allocation of responsibility decision shall have no other li-
ability, 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 govern-
ment concerned, except that the binding allocation of re-
sponsibility decision shall not affect any contract for insur-
ance 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)(1), or section 113, or under any other
Federal or State law or regulation, for the recovery of re-
sponse costs, contribution, or performance of response ac-
tions 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
EMER-
GENCY
REMOVAL
ACTIONS.—The President may
issue an order under section 106, prior to the issu-
ance of a final binding allocation of responsibility, if
the order is limited to those actions required to im-
plement immediate risk reduction measures pending
the issuance of the final binding allocation of re-
sponsibility decision.
‘‘(2) CONTINUATION
OF
PENDING
RESPONSE
ACTIONS.—In any case where, as of the date of en-
actment of this title, the Administrator or a State
has already issued a binding contract for the per-
formance 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 proc-
ess shall not affect the timing or manner of imple-
mentation of such response actions.
‘‘(c) STAY OF EXISTING ACTIONS.—
‘‘(1) STAY
OF
PENDING
ENFORCEMENT
AC-
TIONS.—In any case where, as of the date of enact-
ment of this title, the Administrator or the State has
already initiated any administrative or judicial en-
forcement action regarding the liability of any party
under section 106, subparagraph (A), (B), or (D) of
section 107(a)(1), or section 113, or under any other
Federal or State law or regulation for the response
costs, contribution, or performance of response ac-
tions, such action shall be automatically stayed until
90 days after a binding allocation of responsibility is
issued, any judicial review of such allocation is com-
pleted, and a final administrative or judicial alloca-
tion decision is rendered.
‘‘(2) STAY OF PENDING PRIVATE PARTY LITIGA-
TION.—In any case where, as of the date of enact-
ment 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)(1), or section 113, or under any other
Federal or State law or regulation for the response
costs, contribution, or performance of response ac-
tions, such action shall be automatically stayed until
90 days after a binding allocation of responsibility is
issued, any judicial review of such allocation is com-
pleted, and a final administrative or judicial alloca-
tion 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 is-
sued binding allocation of responsibility for such National
Priority List site. In conducting the binding allocation of
responsibility, the allocation panel shall, to the extent rea-
sonably 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 count-
ed 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)(1), or sec-
tion 113, or under any other Federal or State law or regu-
lation, 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 re-
sponsibility 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 re-
sponsibility 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 fol-
lowing criteria, the allocation panel shall promptly adopt
it as the binding allocation of responsibility:
‘‘(1) The voluntary binding allocation of respon-
sibility 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 respon-
sibility shall not allocate any costs or require-
ments—
‘‘(A) to the orphan share, unless the
guardian agrees, in writing, to such allocation;
or
sion. Thereafter a new binding allocation of responsibility
process shall be available only if the party requesting it
demonstrates that, due to new information not reasonably
available during first binding allocation of responsibility,
a 35 percent or greater increase in total waste-in volume
has been discovered. If such a request for a new binding
allocation of responsibility is granted, the same rules and
procedures described for initial binding allocations of re-
sponsibility apply to the new or revised binding allocation
of responsibility. New binding allocations of responsibility
shall only apply to funds actually expended after the effec-
tive date of the new binding allocation of responsibility de-
cision, with no credits for funds already expended. Subse-
quent 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 Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is amended by adding the following at the
end thereof:
‘‘(n) SITE REDEVELOPMENT.—
‘‘(1) EXEMPTION.—No person who is a quali-
fied 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 re-
lease from any facility solely by reason of an agree-
ment 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.—Sub-
section (a) of section 119 of the Comprehensive Environ-
mental 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 ef-
fect at the time and place that the conduct
occurred.’’.
(b) EXTENSION
OF
INDEMNIFICATION
AUTHOR-
ITY.—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 subpara-
graph (D)—
(1) by striking out ‘‘List, or any removal under
this Act,’’ and inserting in lieu thereof ‘‘List, any re-
moval under this Act, or any response action under
this Act at a facility using an alternative or innova-
tive technology,’’; and
(2) by inserting before the period the following:
‘‘, or to undertake appropriate natural resource res-
toration actions necessary to protect and restore any
natural resources damaged by such release or threat-
ened release of a hazardous substance or pollutant
or contaminant’’.
(d) INDEMNIFICATION
FOR
THREATENED
RE-
LEASES.—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 in-
clude any person carrying out a written contract or
agreement with any Federal agency, any State (or
any political subdivision of a State), or any respon-
sible party to provide any response action or any
form of services or equipment ancillary to such re-
sponse action. Any such person shall not be consid-
ered to have caused or contributed to any release or
threatened release of, or to have arranged for dis-
posal or treatment of, or arranged with a trans-
porter 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 fol-
lowing new subsection:
‘‘(g) LIMITATION ON ACTIONS AGAINST RESPONSE
ACTION CONTRACTORS.—No action to recover for any in-
jury 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 re-
sponse action contractor may have under this section or
may acquire by written agreement with any party.’’.
TITLE II—STATE
IMPLEMENTATION
SEC. 201. STATE AUTHORITY.
(a) STATE AUTHORIZATION.—Title I of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9600 et seq.) is amended
by adding after section 126 the following new section:
‘‘§ 127. State authority
‘‘(a) STATE PROGRAM AUTHORIZATION.—
‘‘(1) IN GENERAL.—At any time after the pro-
mulgation of regulations required by paragraph (2),
a State may apply to the Administrator to carry out,
under its own legal authorities, response actions and
enforcement activities at all facilities listed or pro-
posed for listing on the National Priorities List, or
certain categories of facilities listed or proposed for
listing on the National Priorities List, within the
State. If the Administrator determines that the
State meets the criteria for eligibility, the Adminis-
trator, pursuant to a contract or agreement entered
into between the Administrator and the State, shall
authorize the State to assume the responsibilities es-
tablished under this Act at all such facilities or cat-
egories of facilities. Except as otherwise provided in
this Act, such responsibilities include, but are not
limited to, responding to a release or threatened re-
lease of a hazardous substance or pollutant or con-
taminant; selecting response actions; expending the
Fund and the Retroactive Liability Fund in amounts
authorized by the Administrator to finance response
activities; and taking enforcement actions, including
cost recovery actions to recover Fund expenditures
made by the State. In an application for authoriza-
tion, a State shall acknowledge its responsibility to
address all response actions at the facilities for
which it seeks authorization.
‘‘(2) PROMULGATION
OF
REGULATIONS.—Not
later than 1 year after the date of the enactment of
the Comprehensive Superfund Improvement Act, the