Federal Facility Accountability Act of 2013

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Facility Accountability Act 
of 2013''.

SEC. 2. FEDERAL FACILITIES.

    (a) Application to Federal Government.--Section 120(a) of the 
Comprehensive Environmental Response, 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 Contingency 
        Plan,'';
            (3) by striking ``, or applicable to remedial actions 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, Compensation, 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 facilities that are or have 
                been owned or operated by any such department, agency, 
                or instrumentality, State substantive and procedural 
                requirements regarding response relating to hazardous 
                substances or pollutants or contaminants, including 
                State hazardous waste requirements, in the same manner 
                and to the same extent as any nongovernmental entity.
                    ``(B) Compliance.--
                            ``(i) In general.--The United States hereby 
                        expressly waives any immunity otherwise 
                        applicable to the United States with respect to 
                        any State substantive or procedural requirement 
                        referred to in subparagraph (A).
                            ``(ii) Injunctive relief.--Neither the 
                        United States, nor any agent, employee, 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 penalty 
                        under any State substantive or procedural 
                        requirement referred to in subparagraph (A), or 
                        this Act, with respect to any act or omission 
                        within the scope of the official duties of the 
                        agent, employee, or officer.
                    ``(C) Substantive and procedural requirements.--The 
                State substantive and procedural requirements referred 
                to in subparagraph (A) include--
                            ``(i) administrative orders;
                            ``(ii) injunctive relief;
                            ``(iii) civil and administrative penalties 
                        and fines, regardless of whether such penalties 
                        or fines are punitive or coercive in nature or 
                        are imposed for isolated, intermittent, 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 subparagraph (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 
                        facilities or vessels; and
                            ``(v) any other nondiscriminatory charges 
                        that are assessed in connection with a State 
                        requirement regarding response relating to 
                        hazardous substances or pollutants or 
                        contaminants.''.

SEC. 3. AUTHORITY TO DELEGATE, ISSUE REGULATIONS.

    Section 115 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended by 
adding at the end the following new sentence: ``If the President 
delegates or assigns any duties or powers under this section to a 
department, agency, or instrumentality of the United States other than 
the Administrator, the Administrator may review, as the Administrator 
determines necessary or upon request of any State, actions taken, or 
regulations promulgated, pursuant to such delegation or assignment, for 
purposes of ensuring consistency with the guidelines, rules, 
regulations, or criteria established by the Administrator under this 
title.''.

Summary: Federal Facility Accountability Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to apply all guidelines, rules, regulations, and criteria applicable to response actions (currently, preliminary assessments) to address hazardous substances at facilities to those currently or formerly owned or operated by the United States. Requires federal facilities to comply with state substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including state hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. Waives sovereign immunity with respect to state substantive or procedural requirements. Prohibits an agent, employee, or officer of the United States from being: (1) immune or exempt from injunctive relief with respect to such state requirements, and (2) personally liable for any civil penalty under such requirements or CERCLA with respect to any act or omission within the scope of their official duties.  Provides that state substantive and procedural requirements include administrative orders, injunctive relief, civil and administrative penalties and fines, reasonable service charges or oversight costs, and laws or regulations requiring the imposition and maintenance of engineering or land use controls.  (Sec. 3) Authorizes the Administrator of the Environmental Protection Agency (EPA) to review as determined necessary, or upon state request, actions taken or regulations promulgated pursuant to any duties or powers delegated or assigned by the President to a department, agency, or instrumentality of the United States other than EPA to ensure consistency with the guidelines, rules, regulations, or criteria established by the Administrator.