‘‘(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)(4), or section 113, or under any other
Federal or State law or regulation for the response
costs, contribution, or performance of response ac-
tions, 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 deci-
sion 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)(4), 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 issued
binding allocation of responsibility for such National Pri-
ority List site. In conducting the binding allocation of re-
sponsibility, 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)(4), 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
‘‘(B) to any person who is not a signatory
to the voluntary binding allocation of respon-
sibility.
‘‘(3) Signatories to the voluntary binding alloca-
tion of responsibility shall be entitled to contribution
protection as specified in section 508(e). Such sig-
natories shall be prohibited from pursuing any cost
recovery action or contribution against any non-sig-
natory, but may seek additional recovery against
non-signatories based on a contract for insurance or
indemnification.
‘‘(4) Signatories to the voluntary binding alloca-
tion of responsibility shall be entitled to enforce it in
the same manner as any binding allocation of re-
sponsibility final decision by the allocation panel.
‘‘SEC. 511. NEW BINDING ALLOCATIONS OF RESPONSIBIL-
ITY.
‘‘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 addi-
tions 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 deci-
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 the first binding allocation of responsibil-
ity, a 35 percent or greater increase in total waste-in vol-
ume has been discovered. If such a request for a new bind-
ing allocation of responsibility is granted, the same rules
and procedures described for initial binding allocations of
responsibility apply to the new or revised binding alloca-
tion of responsibility. New binding allocations of respon-
sibility shall only apply to funds actually expended after
the effective date of the new binding allocation of respon-
sibility decision, with no credits for funds already ex-
pended. Subsequent new binding allocations of responsibil-
ity requests are prohibited until 5 years after the date of
issuance of the prior new binding allocation of responsibil-
ity.’’.
SEC. 111. SITE REDEVELOPMENT.
Section 107 of the Comprehensive Environmental Re-
sponse, 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 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-