I 

114TH CONGRESS 

1ST SESSION H. R. 3655 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 with respect to Federal Government liability and 

to require reimbursement to the Judgement Fund for certain claims, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2015 

Mr. WESTMORELAND (for himself, Mr. BROOKS of Alabama, Mr. FRANKS of 

Arizona, Mr. ZINKE, Mr. SMITH of Missouri, Mr. JODY B. HICE of Georgia, Mr. LAMALFA, Mr. BABIN, and Mr. MOONEY of West Virginia) 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 

Federal Government liability and to require reimbursement to the Judgement Fund for certain claims, 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 ‘‘EPA Pays Act’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 3655 IH

1 SEC. 2. LIABILITY. 

2 (a) ECONOMIC DAMAGES.—Section 107(a) of the 

3 Comprehensive Environmental Response, Compensation, 

4 and Liability Act of 1980 (42 U.S.C. 9607(a)) is amend5 ed— 

6 (1) in paragraph (4)— 

7 (A) in subparagraph (C), by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (B) in subparagraph (D), by striking the 

10 period at the end and inserting ‘‘; and’’; and 

11 (C) by adding after subparagraph (D) the 

12 following: 

13 ‘‘(E) in the case of a person who is the 

14 United States Government, any other economic 

15 damages incurred by any person caused by the 

16 United States Government.’’; and 

17 (2) in the matter following paragraph (4), by 

18 striking ‘‘subparagraphs (A) through (D)’’ and in19 serting ‘‘subparagraphs (A) through (E)’’. 

20 (b) LIABILITY OF UNITED STATES GOVERNMENT.— 

21 Section 107(d)(1) of the Comprehensive Environmental 

22 Response, Compensation, and Liability Act of 1980 (42 

23 U.S.C. 9607(d)(1)) is amended by inserting ‘‘other than 

24 the United States Government’’ after ‘‘no person’’. 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 3655 IH

1 SEC. 3. REIMBURSEMENT TO JUDGMENT FUND. 

2 (a) IN GENERAL.—The Administrator of the Envi3 ronmental Protection Agency shall reimburse to the fund 

4 described in section 1304 of title 31, United States Code, 

5 from the unobligated balance of amounts available to the 

6 Administrator in the ‘‘Environmental Programs and Man7 agement’’ account for the Information Exchange/Out8 reach, Enforcement, and Clean Air and Climate program 

9 areas, an amount equal to the amount of each payment 

10 made from such fund resulting from a claim under the 

11 Comprehensive Environmental Response, Compensation, 

12 and Liability Act of 1980 or chapter 171 of title 28, 

13 United States Code. 

14 (b) ORDER OF SOURCES.—In carrying out subpara15 graph (a), the Administrator shall first use amounts avail16 able for the Information Exchange/Outreach program 

17 area. If sufficient amounts are not available for such pro18 gram area, the Administrator shall use amounts available 

19 for the Enforcement program area. If sufficient amounts 

20 are not available for either of the preceding program 

21 areas, the Administrator shall use amounts available for 

22 the Clean Air and Climate program area. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS