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103D CONGRESS

2D SESSION H. R. 340

To amend the Federal Water Pollution Control Act relating to Federal

facilities pollution control.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. SCHAEFER introduced the following bill; which was referred to the

Committee on Public Works and Transportation

FEBRUARY 28, 1994

Additional sponsors: Mr. BROWN of California, Mrs. SCHROEDER, Mrs. MEYERS of Kansas, Mr. SANGMEISTER, Mr. ACKERMAN, Mr. GREENWOOD,

Mr. ALLARD, Mr. WALSH, Mr. BACCHUS of Florida, Mr. BAKER of Louisiana, Mr. ZELIFF, Mr. SKEEN, Mr. WHEAT, Ms. MOLINARI, Mr.

KOLBE, Mr. BARTLETT of Maryland, Mr. HEFLEY, Mr. SAWYER, Mr.

GRAMS, Mr. BILBRAY, Ms. WOOLSEY, and Mr. MCINNIS

A BILL

To amend the Federal Water Pollution Control Act relating

to Federal facilities pollution control.

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 Facilities

5 Clean Water Compliance Act of 1993’’.
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1 SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FED2 ERAL FACILITIES.

3 (a) IN GENERAL.—Section 313(a) of the Federal

4 Water Pollution Control Act (33 U.S.C. 1323(a)) is

5 amended—

6 (1) by striking the third sentence and inserting

7 the following new sentences: ‘‘The Federal, State,

8 interstate, and local requirements, administrative

9 authority, and process and sanctions referred to in

10 this subsection include, but are not limited to, all

11 administrative orders and all civil and administrative

12 penalties and fines, regardless of whether such pen13 alties or fines are punitive or coercive in nature or

14 are imposed for isolated, intermittent, or continuing

15 violations. The United States hereby expressly

16 waives any immunity otherwise applicable to the

17 United States with respect to any such requirement,

18 administrative authority, and process and sanctions

19 (including, but not limited to, any injunctive relief,

20 administrative order or civil or administrative pen21 alty or fine referred to in the preceding sentence, or

22 reasonable service charge). The reasonable service

23 charges referred to in this subsection include, but

24 are not limited to, fees or charges assessed in con25 nection with the processing and issuance of permits,

26 renewal of permits, amendments to permits, review
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1 of plans, studies, and other documents, and inspec2 tion and monitoring of facilities, as well as any other

3 nondiscriminatory charges that are assessed in con4 nection with a Federal, State, interstate, or local

5 water pollution regulatory program. No agent, em6 ployee, or officer of the United States shall be per7 sonally liable for any civil penalty under any Fed8 eral, State, interstate, or local water pollution law

9 with respect to any act or omission within the scope

10 of the official duties of the agent, employee, or offi11 cer. An agent, employee, or officer of the United

12 States shall be subject to any criminal sanction (in13 cluding, but not limited to, any fine or imprison14 ment) under any Federal or State water pollution

15 law, but no department, agency, or instrumentality

16 of the executive, legislative, or judicial branch of the

17 Federal Government shall be subject to any such

18 sanction.’’; and

19 (2) by striking the sentence which begins ‘‘No

20 officer, agent, or employee’’.

21 (b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—

22 Section 313 of such Act is further amended by redesignat23 ing subsection (b) as subsection (c) and by inserting after

24 subsection (a) the following new subsection:

25 ‘‘(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—
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1 ‘‘(1) IN GENERAL.—The Administrator may

2 commence an administrative enforcement action

3 against any department, agency, or instrumentality

4 of the executive, legislative, or judicial branch of the

5 Federal Government pursuant to the enforcement

6 authorities contained in this Act. The Administrator

7 shall initiate an administrative enforcement action

8 against such a department, agency, or instrumental9 ity in the same manner and under the same cir10 cumstances as an action would be initiated against

11 another person. Any voluntary resolution or settle12 ment of such an action shall be set forth in a con13 sent order.

14 ‘‘(2) OPPORTUNITY TO CONFER.—No adminis15 trative order issued to such a department, agency, or

16 instrumentality shall become final until such depart17 ment, agency, or instrumentality has had the oppor18 tunity to confer with the Administrator.’’.

19 SEC. 3. DEFINITION OF PERSON.

20 Section 502(5) of the Federal Water Pollution Con21 trol Act (33 U.S.C. 1362(5)) is amended by inserting be22 fore the period the following: ‘‘and shall include each de23 partment, agency, and instrumentality of the United

24 States’’.

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