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Union Calendar No. 184 

113TH CONGRESS 

1ST SESSION H. R. 2318 

[Report No. 113–180, Part I] 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 with respect to the applicability of the Act to 

Federal facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2013 

Mr. LATTA introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

JULY 30, 2013 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 30, 2013 

Referral to the Committee on Transportation and Infrastructure extended for 

a period ending not later than November 1, 2013 

NOVEMBER 1, 2013 

Additional sponsor: Mr. CRAMER

NOVEMBER 1, 2013 

The Committee on Transportation and Infrastructure discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 11, 2013] 


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A BILL 

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to 

the applicability of the Act to Federal facilities, and 

for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Facility Ac5 countability Act of 2013’’. 

6 SEC. 2. FEDERAL FACILITIES. 

7 (a) APPLICATION TO FEDERAL GOVERNMENT.—Sec8 tion 120(a) of the Comprehensive Environmental Response, 

9 Compensation, and Liability Act of 1980 (42 U.S.C. 

10 9620(a)) is amended in the heading by striking ‘‘OF ACT’’. 

11 (b) APPLICATION OF REQUIREMENTS TO FEDERAL FA12 CILITIES.—Section 120(a)(2) of the Comprehensive Envi13 ronmental Response, Compensation, and Liability Act of 

14 1980 (42 U.S.C. 9620(a)(2)) is amended— 

15 (1) by striking ‘‘preliminary assessments’’ and 

16 inserting ‘‘response actions’’; 

17 (2) by inserting ‘‘or’’ after ‘‘National Contin18 gency Plan,’’; 

19 (3) by striking ‘‘, or applicable to remedial ac20 tions at such facilities’’; and 

21 (4) by inserting ‘‘or have been’’ before ‘‘owned or 

22 operated’’. 

23 (c) APPLICABILITY OF LAWS.—Section 120(a)(4) of the 

24 Comprehensive Environmental Response, Compensation, 


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1 and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) is amend2 ed to read as follows: 

3 ‘‘(4) APPLICABILITY OF LAWS.— 

4 ‘‘(A) IN GENERAL.—Each department, 

5 agency, and instrumentality of the United States 

6 shall be subject to, and comply with, at facilities 

7 that are or have been owned or operated by any 

8 such department, agency, or instrumentality, 

9 State substantive and procedural requirements 

10 regarding response relating to hazardous sub11 stances or pollutants or contaminants, including 

12 State hazardous waste requirements, in the same 

13 manner and to the same extent as any non14 governmental entity. 

15 ‘‘(B) COMPLIANCE.— 

16 ‘‘(i) IN GENERAL.—The United States 

17 hereby expressly waives any immunity oth18 erwise applicable to the United States with 

19 respect to any State substantive or proce20 dural requirement referred to in subpara21 graph (A). 

22 ‘‘(ii) INJUNCTIVE RELIEF.—Neither the 

23 United States, nor any agent, employee, nor 

24 officer thereof, shall be immune or exempt 

25 from any process or sanction of any State 


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1 or Federal Court with respect to the enforce2 ment of any injunctive relief under sub3 paragraph (C)(ii). 

4 ‘‘(iii) CIVIL PENALTIES.—No agent, 

5 employee, or officer of the United States 

6 shall be personally liable for any civil pen7 alty under any State substantive or proce8 dural requirement referred to in subpara9 graph (A), or this Act, with respect to any 

10 act or omission within the scope of the offi11 cial duties of the agent, employee, or officer. 

12 ‘‘(C) SUBSTANTIVE AND PROCEDURAL RE13 QUIREMENTS.—The State substantive and proce14 dural requirements referred to in subparagraph 

15 (A) include— 

16 ‘‘(i) administrative orders; 

17 ‘‘(ii) injunctive relief; 

18 ‘‘(iii) civil and administrative pen19 alties and fines, regardless of whether such 

20 penalties or fines are punitive or coercive in 

21 nature or are imposed for isolated, inter22 mittent, or continuing violations; 

23 ‘‘(iv) reasonable service charges or 

24 oversight costs; and 


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1 ‘‘(v) laws or regulations requiring the 

2 imposition and maintenance of engineering 

3 or land use controls. 

4 ‘‘(D) REASONABLE SERVICE CHARGES OR

5 OVERSIGHT COSTS.—The reasonable service 

6 charges or oversight costs referred to in subpara7 graph (C) include fees or charges assessed in con8 nection with— 

9 ‘‘(i) the processing, issuance, renewal, 

10 or modification of permits; 

11 ‘‘(ii) the review of plans, reports, stud12 ies, and other documents; 

13 ‘‘(iii) attorney’s fees; 

14 ‘‘(iv) inspection and monitoring of fa15 cilities or vessels; and 

16 ‘‘(v) any other nondiscriminatory 

17 charges that are assessed in connection with 

18 a State requirement regarding response re19 lating to hazardous substances or pollutants 

20 or contaminants.’’. 

21 SEC. 3. AUTHORITY TO DELEGATE, ISSUE REGULATIONS. 

22 Section 115 of the Comprehensive Environmental Re23 sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 

24 9615) is amended by adding at the end the following new 

25 sentence: ‘‘If the President delegates or assigns any duties 


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1 or powers under this section to a department, agency, or 

2 instrumentality of the United States other than the Admin3 istrator, the Administrator may review, as the Adminis4 trator determines necessary or upon request of any State, 

5 actions taken, or regulations promulgated, pursuant to such 

6 delegation or assignment, for purposes of ensuring consist7 ency with the guidelines, rules, regulations, or criteria es8 tablished by the Administrator under this title.’’. 


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Union Calendar No. 184 

113TH CONGRESS 

1ST SESSION H. R. 2318 

[Report No. 113–180, Part I] 

A BILL 

To amend the Comprehensive Environmental ReFederal facilities, and for other purposes. with respect to the applicability of the Act to sponse, Compensation, and Liability Act of 1980 

NOVEMBER 1, 2013 

The Committee on Transportation and Infrastructure 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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