Gold King ACT

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gold King Accountability and 
Compensation for Taxpayers'' or the ``Gold King ACT''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) on August 5, 2015, the Environmental Protection Agency 
        caused the release of approximately 3,000,000 gallons of 
        contaminated water from the Gold King Mine into Cement Creek;
            (2) the Environmental Protection Agency takes full 
        responsibility for the Gold King Mine spill;
            (3) the peer reviewer of the Corps of Engineers to the 
        report of the Department of the Interior relating to the Gold 
        King Mine spill expressed concerns about the independent nature 
        of the report and the internal communications and decisions of 
        the Environmental Protection Agency relating to the spill;
            (4) the Environmental Protection Agency should be held to 
        the same standards as the private sector would be if the 
        private sector caused a similar spill;
            (5) the Environmental Protection Agency should hold 
        accountable those individuals responsible for the Gold King 
        Mine spill; and
            (6) since response activities took place after October 31, 
        2015, the Environmental Protection Agency should reimburse 
        requests for response activity expenses incurred after that 
        date.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Gold king mine spill.--The term ``Gold King Mine 
        spill'' means the discharge on August 5, 2015, of approximately 
        3,000,000 gallons of contaminated water from the Gold King Mine 
        north of Silverton, Colorado, into Cement Creek that occurred 
        while contractors of the Environmental Protection Agency were 
        conducting an investigation of the Gold King Mine.
            (3) Independent contractor.--The term ``independent 
        contractor'' means any person, as of August 5, 2015, that--
                    (A) entered into a contract with a Federal agency 
                (as defined in section 2671 of title 28, United States 
                Code) for goods or services relating to the Gold King 
                Mine spill; and
                    (B) was not an employee of the Government (as 
                defined in section 2671 of title 28, United States 
                Code).
            (4) Injured person.--The term ``injured person'' means a 
        person that--
                    (A) suffered injury resulting from the Gold King 
                Mine spill; and
                    (B) is--
                            (i) an individual;
                            (ii) an Indian tribe, tribal corporation, 
                        or other tribal organization;
                            (iii) a corporation, business, partnership, 
                        company, association, insurer, county, 
                        township, city, State or political subdivision 
                        of a State, school district, ditch company, 
                        special district, water district, water 
                        company, the Animas-La Plata Operation, 
                        Maintenance and Replacement Association, or 
                        other non-Federal entity; or
                            (iv) a legal representative of an 
                        individual or entity described in any of 
                        clauses (i) through (iii).
            (5) Injury.--The term ``injury'' means any damage to, or 
        loss of, property, or a personal injury or death, caused by a 
        negligent or wrongful act or omission of a Federal officer, 
        employee, contractor, or subcontractor while acting within the 
        scope of office, employment, or contract, under circumstances 
        in which the Federal officer, employee, contractor, or 
        subcontractor, if a private person, would be liable to the 
        claimant in accordance with the law of the jurisdiction in 
        which the act or omission occurred.

SEC. 4. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE FEDERAL TORT CLAIMS 
              ACT.

    (a) Responsibilities of the Administrator.--
            (1) In general.--An injured person may bring a claim 
        arising out of, or relating to, any injury resulting from the 
        Gold King Mine spill under chapter 171 of title 28, United 
        States Code (commonly known as the ``Federal Tort Claims Act'') 
        and the Administrator shall receive, process, and pay those 
        claims in accordance with this section.
            (2) Timing.--
                    (A) In general.--Notwithstanding section 2675(a) of 
                title 28, United States Code, not later than 90 days 
                after the date on which an injured person submits to 
                the Administrator a claim under this section, the 
                Administrator shall award or deny the payment of the 
                claim.
                    (B) Partially paid claims.--In the case of a claim 
                for which, as of the date of enactment of this Act, the 
                Administrator has partially awarded payment to an 
                injured person, the Administrator shall award the 
                remaining payment not later than 60 days after that 
                date of enactment.
                    (C) Previously filed claims.--In the case of a 
                claim for which, as of the date of enactment of this 
                Act, not fewer than 90 days have passed since the date 
                on which an injured person submitted to the 
                Administrator a claim under this section, not later 
                than 60 days after that date of enactment, the 
                Administrator shall award or deny payment of the claim.
    (b) Applicability of Other Law.--
            (1) Applicability of exception.--Section 2680(a) of title 
        28, United States Code, shall not apply to claims brought under 
        this section.
            (2) Independent contractors.--For purposes of a claim 
        brought under this section, the definition of the term 
        ``Federal agency'' under section 2671 of title 28, United 
        States Code, shall be considered to include an independent 
        contractor.
    (c) Allowable Damages.--
            (1) Property loss.--A claim that is paid for loss of 
        property under this section may include otherwise-uncompensated 
        damages resulting from the Gold King Mine spill for--
                    (A) a cost resulting from lost tribal or nontribal 
                subsistence from hunting, fishing, firewood gathering, 
                timbering, grazing, or agricultural activities, or from 
                lost use for traditional or ceremonial uses, conducted 
                on land or water damaged by the Gold King Mine spill;
                    (B) a cost of reforestation or revegetation on 
                tribal or non-Federal land, to the extent that the cost 
                of reforestation or revegetation is not covered by any 
                other Federal program;
                    (C) any costs borne by any injured person to 
                determine the extent of--
                            (i) the damages to agricultural land; or
                            (ii) any other damages covered by this Act;
                    (D) any costs borne by an injured person to pay for 
                water supplies or equipment to treat water during the 
                period for which a water supply of the injured person 
                was compromised by the Gold King Mine spill; and
                    (E) any other loss that the Administrator 
                determines to be appropriate for inclusion as loss of 
                property.
            (2) Business loss.--A claim that is paid for an injury 
        under this section may include damages resulting from the Gold 
        King Mine spill for the following types of otherwise-
        uncompensated business loss:
                    (A) Damage to tangible assets or inventory.
                    (B) Lost business income.
                    (C) Overhead costs.
                    (D) Employee wages for work not performed.
                    (E) Any other loss that the Administrator 
                determines to be appropriate for inclusion as a 
                business loss.
            (3) Financial loss.--A claim that is paid for an injury 
        under this section may include damages resulting from the Gold 
        King Mine spill for the following types of otherwise-
        uncompensated financial loss:
                    (A) An insurance deductible.
                    (B) Lost wages or personal income.
                    (C) Emergency staffing expenses.
                    (D) Debris removal and other cleanup costs.
                    (E) Any other loss that the Administrator 
                determines to be appropriate for inclusion as a 
                financial loss.
    (d) Recoupment for Improper Payments.--Notwithstanding any other 
provision of law, during the 13-year period beginning on the date on 
which a claim is awarded under this section, the Administrator may take 
such action as is necessary to recover payments made under this section 
with respect to fraudulent claims and claims made with inaccurate 
information.
    (e) Source of Payments.--
            (1) In general.--Any compensation or award against the 
        Government made pursuant to a claim under this section shall be 
        paid by the Administrator from unobligated balances in the 
        appropriations accounts of the Environmental Protection Agency.
            (2) Intent of congress.--It is the intent of Congress that 
        no additional funds be appropriated to carry out this Act.

SEC. 5. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE COMPREHENSIVE 
              ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT.

    (a) In General.--The Administrator shall, consistent with the 
national contingency plan, receive, process, and pay under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine 
spill.
    (b) Eligible Claims.--The Administrator shall receive, process, and 
pay under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the 
Gold King Mine spill that otherwise would be ineligible under that Act 
or the national contingency plan if the response action carried out by 
the claimant is not inconsistent with the national contingency plan as 
described in section 107 of that Act (42 U.S.C. 9607).
    (c) Timing.--
            (1) In general.--Not later than 90 days after the date on 
        which an injured person submits to the Administrator a claim 
        under this section, the Administrator shall award or deny the 
        payment of the claim.
            (2) Partially paid claims.--In the case of a claim for 
        which, as of the date of enactment of this Act, the 
        Administrator has partially awarded payment to an injured 
        person, the Administrator shall award the remaining payment not 
        later than 60 days after that date of enactment.
            (3) Previously filed claims.--In the case of a claim for 
        which, as of the date of enactment of this Act, not fewer than 
        90 days have passed since the date on which an injured person 
        submitted to the Administrator a claim under this section, not 
        later than 60 days after that date of enactment, the 
        Administrator shall award or deny payment of the claim.

SEC. 6. EFFECT OF ACT; REDUCTION IN PAYMENT.

    (a) Effect of Act.--This Act does not diminish the ability of the 
Administrator to carry out the responsibilities of the Administrator 
under any other provision of law.
    (b) Reduction in Payment.--To prevent a claimant from receiving 
twice the damage award for the same injury or claim--
            (1) any compensation or award against the Government under 
        section 4 shall be deducted from any payment awarded against 
        the Government under section 5; and
            (2) any compensation or award against the Government under 
        section 5 shall be deducted from any payment awarded against 
        the Government under section 4.

SEC. 7. WATER QUALITY PROGRAM.

    (a) In General.--In response to the Gold King Mine spill, the 
Administrator, in coordination with affected States and Indian tribes, 
shall develop and implement a program for long-term water quality 
monitoring of the Animas River.
    (b) Requirements.--In carrying out the program described in 
subsection (a), the Administrator shall--
            (1) collect water quality samples and sediment data;
            (2) provide the public with a means of viewing the samples 
        and data referred to in paragraph (1) by, at a minimum, posting 
        the information on the website of the Administrator;
            (3) take any other relevant measure necessary to assist 
        affected States and Indian tribes with long-term water 
        monitoring; and
            (4) carry out additional program activities, as determined 
        by the Administrator.

Summary: Gold King Accountability and Compensation for Taxpayers or the Gold King ACT This bill allows a person to bring a compensation claim for allowable damages (i.e., property, business, or financial losses) under the Federal Tort Claims Act if the claim is related to an injury resulting from the spill in Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill prohibits certain exemptions and limitations on tort claims against the United States under the Act from applying to claims for injuries resulting from the spill.  The EPA must receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 claims related to the Gold King Mine spill, including claims that otherwise would be ineligible under that Act or the national oil and hazardous substances pollution contingency plan if the response action carried out by the claimant is not inconsistent with the plan. The EPA must pay claims from unobligated balances in its accounts. The EPA must develop and implement a program for long-term water quality monitoring of the Animas River.