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 Trans-
portation 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, Com-
pensation, and Liability Act of 1980 with respect to 
the applicability of the Act to Federal facilities, and 
for other purposes. 
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 Facility Ac-
countability Act of 2013’’. 
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SEC. 2. FEDERAL FACILITIES. 
(a) APPLICATION TO FEDERAL GOVERNMENT.—Sec-
tion 120(a) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(a)) is amended in the heading by striking 
‘‘OF ACT’’. 
(b) APPLICATION OF REQUIREMENTS TO FEDERAL 
FACILITIES.—Section 120(a)(2) of the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9620(a)(2)) is amended— 
(1) by striking ‘‘preliminary assessments’’ and 
inserting ‘‘response actions’’; 
(2) by inserting ‘‘or’’ after ‘‘National Contin-
gency Plan,’’; 
(3) by striking ‘‘, or applicable to remedial ac-
tions at such facilities’’; and 
(4) by inserting ‘‘or have been’’ before ‘‘owned 
or operated’’. 
(c) APPLICABILITY OF LAWS.—Section 120(a)(4) of 
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) 
is amended to read as follows: 
‘‘(4) APPLICABILITY OF LAWS.— 
‘‘(A) IN
GENERAL.—Each department, 
agency, and instrumentality of the United 
States shall be subject to, and comply with, at 
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facilities that are or have been owned or oper-
ated by any such department, agency, or instru-
mentality, State substantive and procedural re-
quirements regarding response relating to haz-
ardous substances or pollutants or contami-
nants, including State hazardous waste require-
ments, in the same manner and to the same ex-
tent as any nongovernmental entity. 
‘‘(B) COMPLIANCE.— 
‘‘(i) IN GENERAL.—The United States 
hereby expressly waives any immunity oth-
erwise applicable to the United States with 
respect to any State substantive or proce-
dural requirement referred to in subpara-
graph (A). 
‘‘(ii) INJUNCTIVE
RELIEF.—Neither 
the United States, nor any agent, em-
ployee, nor officer thereof, shall be immune 
or exempt from any process or sanction of 
any State or Federal Court with respect to 
the enforcement of any injunctive relief 
under subparagraph (C)(ii). 
‘‘(iii) CIVIL
PENALTIES.—No agent, 
employee, or officer of the United States 
shall be personally liable for any civil pen-
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alty under any State substantive or proce-
dural requirement referred to in subpara-
graph (A), or this Act, with respect to any 
act or omission within the scope of the of-
ficial duties of the agent, employee, or offi-
cer. 
‘‘(iv) 
CRIMINAL
SANCTIONS.—An 
agent, employee, or officer of the United 
States shall be subject to any criminal 
sanction (including any fine or imprison-
ment) under any State substantive or pro-
cedural requirement referred to in sub-
paragraph (A), or this Act, but no depart-
ment, agency, or instrumentality of the ex-
ecutive, legislative, or judicial branch of 
the Federal Government shall be subject to 
any such sanction. 
‘‘(C) SUBSTANTIVE AND PROCEDURAL RE-
QUIREMENTS.—The State substantive and pro-
cedural requirements referred to in subpara-
graph (A) include— 
‘‘(i) administrative orders; 
‘‘(ii) injunctive relief; 
‘‘(iii) civil and administrative penalties 
and fines, regardless of whether such pen-
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alties or fines are punitive or coercive in 
nature or are imposed for isolated, inter-
mittent, or continuing violations; 
‘‘(iv) reasonable service charges or 
oversight costs; and 
‘‘(v) laws or regulations requiring the 
imposition and maintenance of engineering 
or land use controls. 
‘‘(D) REASONABLE SERVICE CHARGES OR 
OVERSIGHT
COSTS.—The reasonable service 
charges or oversight costs referred to in sub-
paragraph (C) include fees or charges assessed 
in connection with— 
‘‘(i) the processing, issuance, renewal, 
or modification of permits; 
‘‘(ii) the review of plans, reports, 
studies, and other documents; 
‘‘(iii) attorney’s fees; 
‘‘(iv) inspection and monitoring of fa-
cilities or vessels; and 
‘‘(v) 
any 
other 
nondiscriminatory 
charges that are assessed in connection 
with a State requirement regarding re-
sponse relating to hazardous substances or 
pollutants or contaminants.’’. 
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SEC. 3. AUTHORITY TO DELEGATE, ISSUE REGULATIONS. 
Section 115 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9615) is amended by adding at the end the fol-
lowing new sentence: ‘‘If the President delegates or as-
signs any duties or powers under this section to a depart-
ment, agency, or instrumentality of the United States 
other than the Administrator, the Administrator may re-
view, as the Administrator determines necessary or upon 
request of any State, actions taken, or regulations promul-
gated, pursuant to such delegation or assignment, for pur-
poses of ensuring consistency with the guidelines, rules, 
regulations, or criteria established by the Administrator 
under this title.’’. 
Æ 
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