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106TH CONGRESS
1ST SESSION
H. R. 2449
To amend the Federal Water Pollution Control Act relating to Federal
facilities pollution control.
IN THE HOUSE OF REPRESENTATIVES
JULY 1, 1999
Mr. NORWOOD (for himself, Ms. DEGETTE, Ms. SCHAKOWSKY, Mr. ENGLISH,
Ms. RIVERS, Mr. POMBO, Mr. MCINTOSH, Mr. SHOWS, Mr. REGULA, Mr.
BARR of Georgia, Mr. CHAMBLISS, Mr. LINDER, Mr. KINGSTON, Mr.
COLLINS, Mr. ISAKSON, Mr. DEAL of Georgia, and Mr. GRAHAM) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act relating
to Federal facilities pollution control.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Facilities
Clean Water Compliance Act of 1999’’.
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SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FED-
ERAL FACILITIES.
Section 313 of the Federal Water Pollution Control
Act (33 U.S.C. 1323) is amended—
(1) by redesignating subsection (b) as sub-
section (d); and
(2) by striking the section heading and all that
follows through the period at the end of subsection
(a) and inserting the following:
‘‘SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.
‘‘(a) IN GENERAL.—
‘‘(1) APPLICABILITY OF FEDERAL, STATE, AND
LOCAL REQUIREMENTS.—Each department, agency,
and instrumentality of the executive, legislative, and
judicial branches of the Federal Government (A)
having jurisdiction over any property or facility, or
(B) engaged in any activity resulting, or which may
result, in the discharge or runoff of pollutants shall
be subject to, and comply with, all Federal, State,
interstate, and local requirements, both substantive
and procedural (including any requirement for per-
mits or reporting or any provisions for injunctive re-
lief and such sanctions as may be imposed by a
court to enforce such relief), respecting the control
and abatement of water pollution and management
in the same manner, and to the same extent, as any
HR 2449 IH1S
branch of the Federal Government shall be subject
to any such sanction.
‘‘(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—
‘‘(1) IN
GENERAL.—The Administrator, the
Secretary of the Army, and the Secretary of the De-
partment in which the Coast Guard is operating may
commence an administrative enforcement action
against any department, agency, or instrumentality
of the executive, legislative, or judicial branch of the
Federal Government pursuant to the enforcement
authorities contained in this Act. The Administrator
or Secretary, as applicable, shall initiate an adminis-
trative enforcement action against such a depart-
ment, agency, or instrumentality in the same man-
ner and under the same circumstances as an action
would be initiated against another person. Any vol-
untary resolution or settlement of such an action
shall be set forth in a consent order.
‘‘(2) OPPORTUNITY TO CONFER.—No adminis-
trative order issued to such a department, agency, or
instrumentality shall become final until such depart-
ment, agency, or instrumentality has had the oppor-
tunity to confer with the Administrator or Secretary,
as applicable.
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‘‘(c) LIMITATION ON STATE USE OF FUNDS COL-
LECTED FROM FEDERAL GOVERNMENT.—Unless a State
law in effect on the date of the enactment of this sub-
section or a State constitution requires the funds to be
used in a different manner, all funds collected by a State
from the Federal Government from penalties and fines im-
posed for violation of any substantive or procedural re-
quirement referred to in subsection (a) shall be used by
the State only for projects designed to improve or protect
the environment or to defray the costs of environmental
protection or enforcement.’’.
SEC. 3. DEFINITION OF PERSON.
(a) GENERAL PROGRAMS.—Section 502(5) of the
Federal Water Pollution Control Act (33 U.S.C. 1362(5))
is amended by inserting before the period at the end the
following: ‘‘and includes any department, agency, or in-
strumentality of the United States’’.
(b) OIL
AND HAZARDOUS SUBSTANCE LIABILITY
PROGRAM.—Section 311(a)(7) of such Act (33 U.S.C.
1321(a)(7)) is amended by inserting before the semicolon
at the end the following: ‘‘and any department, agency,
or instrumentality of the United States’’.
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