SEC. 108. ASSIGNMENT OF SHARES OF LIABILITY FOR COSTS OF RESPONSE 
              ACTIONS AT NATIONAL PRIORITY LIST SITES.

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

SEC. 110. ESTABLISHMENT OF BINDING ALLOCATION OF RESPONSIBILITY 
              PROCESS.

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

            ``TITLE V--BINDING ALLOCATION OF RESPONSIBILITY

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

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

    ``(a) Allocation Panels.--The Administrator shall appoint panels of 
administrative law judges to perform expedited administrative 
proceedings, to be known as `binding allocations of responsibility', 
for purposes of determining the liability of potentially responsible 
parties at National Priority List sites. Each such panel shall be 
composed of three administrative law judges appointed by the 
Administrator under section 3105 of title 5, United States Code, and 
shall be known as an `allocation panel'.
    ``(b) Rules of Decision.--The decisions of allocation panels under 
this title shall be rendered based on the provisions of this Act and 
the court decisions interpreting such provisions.
    ``(c) Relationship to Natural Resources Damage.--Binding 
allocations of responsibility shall not address or affect the liability 
of any person with respect to damage to natural resources under section 
107(a)(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 education and training, as specified by 
the Administrator, in the following subject areas:
            ``(1) The operation of this Act and the regulations 
        promulgating this Act.
            ``(2) The science of soil and groundwater contamination and 
        the technology for treating such contamination.
    ``(b) General Powers.--An allocation panel shall have the power and 
authority to perform all functions necessary to administer and perform 
the binding allocations of responsibility, including the power to--
            ``(1) issue information requests and requests for 
        production of documents to any person;
            ``(2) require the Administrator and the State concerned to 
        provide all information relevant to a binding allocation of 
        responsibility, including the production of copies of all 
        documents and information obtained pursuant to section 104(e)