I 

113TH CONGRESS 

1ST SESSION H. R. 2318 

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 

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. 

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’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 2318 IH

1 SEC. 2. FEDERAL FACILITIES. 

2 (a) APPLICATION TO FEDERAL GOVERNMENT.—Sec3 tion 120(a) of the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 1980 (42 

5 U.S.C. 9620(a)) is amended in the heading by striking 

6 ‘‘OF ACT’’. 

7 (b) APPLICATION OF REQUIREMENTS TO FEDERAL

8 FACILITIES.—Section 120(a)(2) of the Comprehensive 

9 Environmental Response, Compensation, and Liability Act 

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

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

12 inserting ‘‘response actions’’; 

13 (2) by inserting ‘‘or’’ after ‘‘National Contin14 gency Plan,’’; 

15 (3) by striking ‘‘, or applicable to remedial ac16 tions at such facilities’’; and 

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

18 or operated’’. 

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

20 the Comprehensive Environmental Response, Compensa21 tion, and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) 

22 is amended to read as follows: 

23 ‘‘(4) APPLICABILITY OF LAWS.— 

24 ‘‘(A) IN GENERAL.—Each department, 

25 agency, and instrumentality of the United 

26 States shall be subject to, and comply with, at 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•HR 2318 IH

1 facilities that are or have been owned or oper2 ated by any such department, agency, or instru3 mentality, State substantive and procedural re4 quirements regarding response relating to haz5 ardous substances or pollutants or contami6 nants, including State hazardous waste require7 ments, in the same manner and to the same ex8 tent as any nongovernmental entity. 

9 ‘‘(B) COMPLIANCE.— 

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

11 hereby expressly waives any immunity oth12 erwise applicable to the United States with 

13 respect to any State substantive or proce14 dural requirement referred to in subpara15 graph (A). 

16 ‘‘(ii) INJUNCTIVE RELIEF.—Neither 

17 the United States, nor any agent, em18 ployee, nor officer thereof, shall be immune 

19 or exempt from any process or sanction of 

20 any State or Federal Court with respect to 

21 the enforcement of any injunctive relief 

22 under subparagraph (C)(ii). 

23 ‘‘(iii) CIVIL PENALTIES.—No agent, 

24 employee, or officer of the United States 

25 shall be personally liable for any civil penmstockstill on DSK4VPTVN1PROD with BILLS

4 

•HR 2318 IH

1 alty under any State substantive or proce2 dural requirement referred to in subpara3 graph (A), or this Act, with respect to any 

4 act or omission within the scope of the of5 ficial duties of the agent, employee, or offi6 cer. 

7 ‘‘(iv) CRIMINAL SANCTIONS.—An 

8 agent, employee, or officer of the United 

9 States shall be subject to any criminal 

10 sanction (including any fine or imprison11 ment) under any State substantive or pro12 cedural requirement referred to in sub13 paragraph (A), or this Act, but no depart14 ment, agency, or instrumentality of the ex15 ecutive, legislative, or judicial branch of 

16 the Federal Government shall be subject to 

17 any such sanction. 

18 ‘‘(C) SUBSTANTIVE AND PROCEDURAL RE19 QUIREMENTS.—The State substantive and pro20 cedural requirements referred to in subpara21 graph (A) include— 

22 ‘‘(i) administrative orders; 

23 ‘‘(ii) injunctive relief; 

24 ‘‘(iii) civil and administrative penalties 

25 and fines, regardless of whether such penmstockstill on DSK4VPTVN1PROD with BILLS

5 

•HR 2318 IH

1 alties or fines are punitive or coercive in 

2 nature or are imposed for isolated, inter3 mittent, or continuing violations; 

4 ‘‘(iv) reasonable service charges or 

5 oversight costs; and 

6 ‘‘(v) laws or regulations requiring the 

7 imposition and maintenance of engineering 

8 or land use controls. 

9 ‘‘(D) REASONABLE SERVICE CHARGES OR

10 OVERSIGHT COSTS.—The reasonable service 

11 charges or oversight costs referred to in sub12 paragraph (C) include fees or charges assessed 

13 in connection with— 

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

15 or modification of permits; 

16 ‘‘(ii) the review of plans, reports, 

17 studies, and other documents; 

18 ‘‘(iii) attorney’s fees; 

19 ‘‘(iv) inspection and monitoring of fa20 cilities or vessels; and 

21 ‘‘(v) any other nondiscriminatory 

22 charges that are assessed in connection 

23 with a State requirement regarding re24 sponse relating to hazardous substances or 

25 pollutants or contaminants.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

6 

•HR 2318 IH

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

2 Section 115 of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 1980 (42 

4 U.S.C. 9615) is amended by adding at the end the fol5 lowing new sentence: ‘‘If the President delegates or as6 signs any duties or powers under this section to a depart7 ment, agency, or instrumentality of the United States 

8 other than the Administrator, the Administrator may re9 view, as the Administrator determines necessary or upon 

10 request of any State, actions taken, or regulations promul11 gated, pursuant to such delegation or assignment, for pur12 poses of ensuring consistency with the guidelines, rules, 

13 regulations, or criteria established by the Administrator 

14 under this title.’’. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS