‘‘SEC. 502. QUALIFICATIONS AND POWERS OF ADMINISTRA-
TIVE LAW JUDGES AND ALLOCATION PANELS.
‘‘(a) QUALIFICATIONS.—An administrative law judge
may not be appointed to an allocation panel under section
501 unless the judge completes at least 40 hours of 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 may, in its discretion, credit all or part of the
costs of such additional search against the assigned
share, if any, of the party that performed such addi-
tional investigation or search.
‘‘(6) APPOINTMENT
OF
GUARDIAN
FOR
THE
HAZARDOUS SUBSTANCE SUPERFUND.—Any petition
filed by the Administrator shall include the name
and address of the person appointed to serve as the
guardian for the Hazardous Substance Superfund
for that binding allocation of responsibility. In any
case where a petition is initiated by a State, the Ad-
ministrator shall notify the Hearing Clerk of the Of-
fice of the Administrative Law Judges within 10
days after the petition is filed of the name and ad-
dress of the person designated by the Administrator
as the guardian for the Hazardous Substance
Superfund. If the Environmental Protection Agency
is also a potentially responsible party or a liable
party with respect to the National Priority List site
concerned, then the agency may participate in the
binding allocation of responsibility with regard to
such liability, but the person designated as the
guardian shall not represent the agency with regard
to the agency’s status as a potentially responsible
party or liable party.
‘‘(b) IDENTIFICATION
OF POTENTIALLY 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 SETTLEMENTS.—(1) Not later
than six months after the filing of the petition, the alloca-
tion panel shall issue a list identifying all potentially re-
sponsible parties that the allocation panel determines con-
tributed only a minuscule amount of hazardous substances
to the National Priority List site, to be known as ‘de
micromis parties’. The allocation panel shall base the de-
termination on an evaluation of all evidence received at
the time of the issuance of the list with respect to the
amount of hazardous substances contributed by poten-
tially responsible parties.
‘‘(2) The allocation panel shall notify each de
micromis party of its inclusion on the list issued under
paragraph (1) not later than 20 days after issuing the list.
‘‘(3) Any de micromis party may resolve its liability
to the United States by paying $1,000 by certified check
to the Hazardous Substance Superfund not later than 60
days after receiving notification under paragraph (2). A
copy of the canceled certified check is conclusive proof of
payment. Such settlement may not be reopened after pay-
ment is made, except on grounds of fraud.
‘‘(4) De micromis parties that make the settlement
payment referred to in paragraph (3) shall have no other
liability, under Federal or State law, to any person for
response actions or for any past, present, or future costs
incurred at the site.
‘‘(5) All proceeds from de micromis settlements under
this subsection shall be earmarked in the Hazardous Sub-
stance Superfund to be used specifically for costs of re-
sponse action at the site concerned. Any amounts of such
settlements remaining in the Superfund after completion
of the response action at the site concerned shall be avail-
able in the Superfund for general use.
‘‘(6) Not later than three years after the date of the
enactment of this title, the Administrator shall submit to
Congress a study that estimates the average cleanup cost
at National Priority List sites for purposes of determining
whether the $1,000 de micromis settlement amount under
this section needs adjustment.
‘‘(d) IDENTIFICATION OF LIABLE PARTIES AND 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 (f)(2) should be applied to determine
the assigned share of each liable party.
‘‘(2) FIRST ALLOCATION REPORT.—Within 90
days after the publication of the initial list of 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
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 or-
phan 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.
‘‘(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 decision shall include a
list of all potentially responsible parties, a list of all
liable parties and the assigned share for each (in-
cluding all de minimis parties as determined under
paragraph (3)), a list of all orphan parties and the
portion of the assigned share of each orphan party
that is assigned to the orphan share, and the total
orphan share. Where an orphan party is able to pay
only a portion of its assigned share, the allocation
panel shall to the orphan share the portion of the
assigned share that the party is unable to pay and
require the party to pay the remainder. The final
BAR decision shall provide a concise explanation of
the basis for the decision. The decision may consist,
in whole or in part, of a compilation of the first 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) 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. All settlement
offers by the Administrator to de minimis parties at
the same site shall be based on the same estimate
of cleanup costs and the same premium percentage.
The settlement offer under this subparagraph is not
subject to judicial review.
‘‘(C) A de minimis party may accept or decline
a settlement offer, but any acceptance of the offer
must be made within 60 days after receipt of the
offer. A de minimis party that accepts the offer may
resolve its liability to the United States by paying
the amount of the offer to the Hazardous Substance
Superfund. Such settlement may not be reopened
after payment is made, except on grounds of fraud.
‘‘(D) De minimis parties that accept the 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.
(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 Superfund after comple-
tion 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)(4)(A), (B), or
(D), and (ii) for contribution under section 113. The
binding allocation of responsibility decision shall be
binding on all persons, including, without limitation,
the United States, any affected State or local 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 a as-
signed share of up to 500 percent of whatever its assigned
share would otherwise have been, or up to 50 percent of
the total liability at the site, whichever is greater. If this
results in a binding allocation of responsibility that allo-
cates 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