I
105TH CONGRESS
1ST SESSION
H. R. 1194
To amend the Federal Water Pollution Control Act relating to Federal
facilities pollution control.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mr. DAN SCHAEFER of Colorado (for himself and Mr. NORWOOD) introduced
the following bill; which was referred to the Committee on Transportation
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 1997’’.
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 subsection (a) and inserting the fol-
lowing:
‘‘SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.
‘‘(a) IN GENERAL.—Each department, agency, and
instrumentality of the executive, legislative, and judicial
branches of the Federal Government (1) having jurisdic-
tion over any property or facility, or (2) 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 require-
ment for permits or reporting or any provisions for injunc-
tive relief 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 person is subject
to such requirements, including the payment of reasonable
service charges. The Federal, State, interstate, and local
substantive and procedural requirements, administrative
authority, and process and sanctions referred to in this
subsection include, but are not limited to, all administra-
tive orders and all civil and administrative penalties and
fines, regardless of whether such penalties or fines are pu-
nitive 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 substantive
or procedural requirement (including, but not limited to,
any injunctive relief, administrative order, or civil or ad-
ministrative penalty 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 connection
with the processing 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 Federal, State,
interstate, or local water pollution regulatory program.
Neither the United States, nor any agent, employee, or
officer thereof, shall be immune or exempt from any proc-
ess or sanction of any State or Federal court with respect
to the enforcement of any such injunctive relief. No agent,
employee, or officer of the United States shall be person-
ally liable for any civil penalty under any Federal, 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 officer. An agent, employee, or of-
ficer of the United States shall be subject to any criminal
sanction (including, but not limited to, any fine or impris-
onment) under any Federal or State water pollution law,
but no department, agency, or instrumentality of the exec-
utive, legislative, or judicial branch of the Federal Govern-
ment 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.
‘‘(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 DEFINITIONS.—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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