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107TH CONGRESS

1ST SESSION H. R. 2016

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 to ensure full Federal compliance with that Act.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 2001

Ms. DEGETTE 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 to ensure full Federal compliance with that Act.

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 Super5 fund Compliance Act of 2001’’.
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1 SEC. 2. FEDERAL ENTITIES AND FACILITIES.

2 Section 120 of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 1980 (42

4 U.S.C. 9620) is amended as follows:

5 (1) By amending the heading to read as follows:

6 ‘‘SEC. 120. FEDERAL ENTITIES AND FACILITIES.’’.

7 (2) By amending paragraph (1) of subsection

8 (a) to read as follows:

9 ‘‘(1) IN GENERAL.—(A) Each department,

10 agency, and instrumentality of the executive, legisla11 tive, and judicial branches of the United States shall

12 be subject to, and comply with, this Act and all

13 other Federal, State, interstate, and local require14 ments, both substantive and procedural (including

15 any requirement for permits or reporting or any pro16 vision for injunctive relief and such sanctions as may

17 be imposed by a court to enforce such relief), re18 garding response or restoration actions related to

19 the release or potential release of hazardous sub20 stances, pollutants, or contaminants in the same

21 manner, and to the same extent, as any nongovern22 mental entity is subject to such requirements, in23 cluding enforcement and liability under sections 106

24 and 107 of this title and the payment of reasonable

25 service charges.
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1 ‘‘(B) The Federal, State, interstate, and local

2 substantive and procedural requirements referred to

3 in subparagraph (A) include, but are not limited to,

4 all administrative orders and all civil and adminis5 trative penalties and fines, regardless of whether

6 such penalties and fines are punitive or coercive in

7 nature or are imposed for isolated, intermittent, or

8 continuing violations. The United States hereby ex9 pressly waives any immunity otherwise applicable to

10 the United States with respect to any such sub11 stantive or procedural requirement (including, but

12 not limited to, any injunctive relief, administrative

13 order, or civil or administrative penalty or fine re14 ferred to in the preceding sentence or any reasonable

15 service charge).

16 ‘‘(C) The reasonable service charges referred to

17 in this paragraph include, but are not limited to,

18 fees or charges assessed in connection with the proc19 essing and issuance of permits, renewal of permits,

20 amendments to permits, review of plans, studies,

21 and other documents, and inspection and monitoring

22 of facilities, as well as any other nondiscriminatory

23 charges that are assessed in connection with a State,

24 interstate, or local response program.
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1 ‘‘(D) Neither the United States, nor any agent,

2 employee, or officer thereof, shall be immune or ex3 empt from any process or sanction of any State or

4 Federal court with respect to the enforcement of any

5 injunctive relief.

6 ‘‘(E) No agent, employee, or officer of the

7 United States shall be personally liable for any civil

8 penalty under any Federal or State law regarding

9 response or restoration actions relating to the re10 lease or potential release of hazardous substances,

11 pollutants, or contaminants, with respect to any act

12 or omission within the scope of their official duties.

13 An agent, employee, or officer of the United States

14 shall be subject to any criminal sanction (including,

15 but not limited to, any fine or imprisonment) under

16 any such Federal or State law, but no department,

17 agency, or instrumentality of the executive, legisla18 tive, or judicial branch of the United States shall be

19 subject to any such sanction.

20 ‘‘(F) The waiver of sovereign immunity pro21 vided in this paragraph shall not apply to the extent

22 a State law would apply any standard or require23 ment to such Federal department, agency, or instru24 mentality in a manner that is more stringent than
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1 such standard or requirement would be applied to

2 any other person.

3 ‘‘(G)(i) The Administrator may issue an order

4 under section 106 of this Act to any department,

5 agency, or instrumentality of the executive, legisla6 tive, or judicial branch of the United States. The

7 Administrator shall initiate an administrative en8 forcement action against such a department, agency,

9 or instrumentality in the same manner and under

10 the same circumstances as an action would be initi11 ated against any other person.

12 ‘‘(ii) No administrative order issued to such de13 partment, agency, or instrumentality shall become

14 final until such department, agency, or instrumen15 tality has had the opportunity to confer with the Ad16 ministrator.

17 ‘‘(iii) Unless a State law in effect on the date

18 of enactment of the Federal Facility Superfund

19 Compliance Act of 2001, or a State constitution, re20 quires the funds to be used in a different manner,

21 all funds collected by a State from the Federal Gov22 ernment from penalties and fines imposed for viola23 tion of any substantive or procedural requirement

24 referred to in subsection (a) of this section shall be

25 used by the State only for projects designed to im-
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1 prove or protect the environment or to defray the

2 costs of environmental protection or enforcement.

3 ‘‘(H) Each such department, agency, and in4 strumentality shall have the right to contribution

5 protection set forth in section 113, when such de6 partment, agency, or instrumentality resolves its li7 ability under this Act.’’.

8 (3) By striking paragraph (4) of subsection (a).

9 (4) By inserting ‘‘(other than the indemnifica10 tion requirements of section 119)’’ after ‘‘responsi11 bility’’ in subsection (a)(3).

12 (5) By adding at the end of subsection (e) the

13 following new paragraph:

14 ‘‘(7) STATE REQUIREMENTS.—Notwithstanding

15 any other provision of this Act, an interagency

16 agreement under this section shall in no way impair

17 or diminish the authority of any State to enforce

18 compliance with requirements of State law, unless

19 such requirements have been specifically—

20 ‘‘(A) addressed; or

21 ‘‘(B) waived;

22 without objection from the State before or on the

23 date on which the response action is selected.’’.

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