Federal Facility Accountability Act of 2013

Bill: 113-hr-2318
Sponsor: full_name: Rep. Latta, Robert E. [R-OH-5]
Introduced: 2013-06-11
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Civil actions and liability

Environmental Protection Agency (EPA)

Environmental regulatory procedures

Government buildings, facilities, and property

Hazardous wastes and toxic substances
Latest action: action_date: 2013-11-01
text: Placed on the Union Calendar, Calendar No. 184.

Summaries:
action_date: 2013-06-11
action_desc: Introduced in House
text: <p>Federal Facility Accountability Act of 2013 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to make all guidelines, rules, regulations, and criteria applicable to response actions (currently, preliminary assessments) for facilities at which hazardous substances are located applicable to facilities which are or have been owned or operated by the United States in the same manner and to the extent that they are applicable to other facilities. </p> <p>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. Subjects an agent, employee, or officer of the United States to any criminal sanction under such state requirements or CERCLA. Prohibits any department, agency, or instrumentality of the federal government from being subject to any such sanction.</p> <p>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. </p> <p>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. </p>

action_date: 2013-07-30
action_desc: Reported to House amended, Part I
text: <p>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.</p> <p>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. </p> <p>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. </p> <p>(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. </p>

tv_txt: I 113th CONGRESS 1st Session H. R. 2318 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Latta introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to the applicability of the Act to Federal facilities, and for other purposes.

1. Short title This Act may be cited as the Federal Facility Accountability Act of 2013 . 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. (iv) Criminal sanctions An agent, employee, or officer of the United States shall be subject to any criminal sanction (including any fine or imprisonment) under any State substantive or procedural requirement referred to in subparagraph (A), or this Act, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. (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. . 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. .

tv_txt: IB Union Calendar No. 184 113th CONGRESS 1st Session H. R. 2318 [Report No. 113–180, Part I] IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Latta introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned July 30, 2013 Reported from the Committee on Energy and Commerce with an amendment Strike out all after the enacting clause and insert the part printed in italic July 30, 2013 Referral to the Committee on Transportation and Infrastructure extended for a period ending not later than November 1, 2013 November 1, 2013 Additional sponsor: Mr. Cramer November 1, 2013 The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on June 11, 2013 A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to the applicability of the Act to Federal facilities, and for other purposes.

1. Short title This Act may be cited as the Federal Facility Accountability Act of 2013 . 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. . 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. .

November 1, 2013 The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed