I
103D CONGRESS
2D SESSION
H. R. 340
To amend the Federal Water Pollution Control Act relating to Federal
facilities pollution control.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. SCHAEFER introduced the following bill; which was referred to the
Committee on Public Works and Transportation
FEBRUARY 28, 1994
Additional sponsors: Mr. BROWN of California, Mrs. SCHROEDER, Mrs. MEY-
ERS of Kansas, Mr. SANGMEISTER, Mr. ACKERMAN, Mr. GREENWOOD,
Mr. ALLARD, Mr. WALSH, Mr. BACCHUS of Florida, Mr. BAKER of Lou-
isiana, Mr. ZELIFF, Mr. SKEEN, Mr. WHEAT, Ms. MOLINARI, Mr.
KOLBE, Mr. BARTLETT of Maryland, Mr. HEFLEY, Mr. SAWYER, Mr.
GRAMS, Mr. BILBRAY, Ms. WOOLSEY, and Mr. MCINNIS
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 1993’’.
SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FED-
ERAL FACILITIES.
(a) IN GENERAL.—Section 313(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1323(a)) is
amended—
(1) by striking the third sentence and inserting
the following new sentences: ‘‘The Federal, State,
interstate, and local requirements, administrative
authority, and process and sanctions referred to in
this subsection include, but are not limited to, all
administrative orders and all civil and administrative
penalties and fines, regardless of whether such pen-
alties or fines are punitive or coercive in nature or
are imposed for isolated, intermittent, or continuing
violations. The United States hereby expressly
waives any immunity otherwise applicable to the
United States with respect to any such requirement,
administrative authority, and process and sanctions
(including, but not limited to, any injunctive relief,
administrative order or civil or administrative pen-
alty or fine referred to in the preceding sentence, or
reasonable service charge). The reasonable service
charges referred to in this subsection include, but
are not limited to, fees or charges assessed in con-
nection with the processing and issuance of permits,
renewal of permits, amendments to permits, review
of plans, studies, and other documents, and inspec-
tion and monitoring of facilities, as well as any other
nondiscriminatory charges that are assessed in con-
nection with a Federal, State, interstate, or local
water pollution regulatory program. No agent, em-
ployee, or officer of the United States shall be per-
sonally liable for any civil penalty under any Fed-
eral, State, interstate, or local water pollution law
with respect to any act or omission within the scope
of the official duties of the agent, employee, or offi-
cer. An agent, employee, or officer of the United
States shall be subject to any criminal sanction (in-
cluding, but not limited to, any fine or imprison-
ment) under any Federal or State water pollution
law, but no department, agency, or instrumentality
of the executive, legislative, or judicial branch of the
Federal Government shall be subject to any such
sanction.’’; and
(2) by striking the sentence which begins ‘‘No
officer, agent, or employee’’.
(b) ADMINISTRATIVE
ENFORCEMENT
ACTIONS.—
Section 313 of such Act is further amended by redesignat-
ing subsection (b) as subsection (c) and by inserting after
subsection (a) the following new subsection:
‘‘(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—
‘‘(1) IN
GENERAL.—The Administrator 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
shall initiate an administrative enforcement action
against such a department, agency, or instrumental-
ity in the same manner and under the same cir-
cumstances as an action would be initiated against
another person. Any voluntary resolution or settle-
ment of such an action shall be set forth in a con-
sent 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.’’.
SEC. 3. DEFINITION OF PERSON.
Section 502(5) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1362(5)) is amended by inserting be-
fore the period the following: ‘‘and shall include each de-
partment, agency, and instrumentality of the United
States’’.
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