I
106TH CONGRESS
1ST SESSION
H. R. 617
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
FEBRUARY 8, 1999
Ms. DEGETTE (for herself, Mr. NORWOOD, Ms. SCHAKOWSKY, Mr. SHOWS,
Mr. UNDERWOOD, Mr. ENGLISH, Ms. RIVERS, and Mr. STRICKLAND) in-
troduced the following bill; which was referred to the Committee on Com-
merce, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to ensure full Fed-
eral compliance with that Act.
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 Super-
fund Compliance Act of 1999’’.
SEC. 2. FEDERAL ENTITIES AND FACILITIES.
Section 120 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9620) is amended as follows:
(1) By amending the heading to read as follows:
‘‘SEC. 120. FEDERAL ENTITIES AND FACILITIES.’’.
(2) By amending paragraph (1) of subsection
(a) to read as follows:
‘‘(1) IN
GENERAL.—(A) Each department,
agency, and instrumentality of the executive, legisla-
tive, and judicial branches of the United States shall
be subject to, and comply with, this Act and all
other Federal, State, interstate, and local require-
ments, both substantive and procedural (including
any requirement for permits or reporting or any pro-
vision for injunctive relief and such sanctions as may
be imposed by a court to enforce such relief), re-
garding response or restoration actions related to
the release or potential release of hazardous sub-
stances, pollutants, or contaminants in the same
manner, and to the same extent, as any nongovern-
mental entity is subject to such requirements, in-
cluding enforcement and liability under sections 106
and 107 of this title and the payment of reasonable
service charges.
‘‘(B) The Federal, State, interstate, and local
substantive and procedural requirements referred to
in subparagraph (A) include, but are not limited to,
all administrative orders and all civil and adminis-
trative penalties and fines, regardless of whether
such penalties and fines are punitive or coercive in
nature or are imposed for isolated, intermittent, or
continuing violations. The United States hereby ex-
pressly waives any immunity otherwise applicable to
the United States with respect to any such sub-
stantive or procedural requirement (including, but
not limited to, any injunctive relief, administrative
order, or civil or administrative penalty or fine re-
ferred to in the preceding sentence or any reasonable
service charge).
‘‘(C) The reasonable service charges referred to
in this paragraph include, but are not limited to,
fees or charges assessed in connection with the proc-
essing and issuance of permits, renewal of permits,
amendments to permits, review of plans, studies,
and other documents, and inspection and monitoring
of facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a State,
interstate, or local response program.
‘‘(D) Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or ex-
empt from any process or sanction of any State or
Federal court with respect to the enforcement of any
injunctive relief.
‘‘(E) No agent, employee, or officer of the
United States shall be personally liable for any civil
penalty under any Federal or State law regarding
response or restoration actions relating to the re-
lease or potential release of hazardous substances,
pollutants, or contaminants, with respect to any act
or omission within the scope of their official duties.
An agent, employee, or officer of the United States
shall be subject to any criminal sanction (including,
but not limited to, any fine or imprisonment) under
any such Federal or State law, but no department,
agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the United States shall be
subject to any such sanction.
‘‘(F) The waiver of sovereign immunity pro-
vided in this paragraph shall not apply to the extent
a State law would apply any standard or require-
ment to such Federal department, agency, or instru-
mentality in a manner that is more stringent than
such standard or requirement would be applied to
any other person.
‘‘(G)(i) The Administrator may issue an order
under section 106 of this Act to any department,
agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the United States. The
Administrator shall initiate an administrative en-
forcement action against such a department, agency,
or instrumentality in the same manner and under
the same circumstances as an action would be initi-
ated against any other person.
‘‘(ii) No administrative order issued to such de-
partment, agency, or instrumentality shall become
final until such department, agency, or instrumental-
ity has had the opportunity to confer with the Ad-
ministrator.
‘‘(iii) Unless a State law in effect on the date
of enactment of the Federal Facility Superfund
Compliance Act of 1999, or a State constitution, re-
quires the funds to be used in a different manner,
all funds collected by a State from the Federal Gov-
ernment from penalties and fines imposed for viola-
tion of any substantive or procedural requirement
referred to in subsection (a) of this section shall be
used by the State only for projects designed to im-