[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 340 Introduced in House (IH)]

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. 
  Meyers of Kansas, Mr. Sangmeister, Mr. Ackerman, Mr. Greenwood, Mr. 
Allard, Mr. Walsh, Mr. Bacchus of Florida, Mr. Baker of Louisiana, 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 Representatives 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 FEDERAL 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 
        penalties 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 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. No agent, employee, or officer of the 
        United States shall be personally 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 officer of the United States shall be subject to 
        any criminal sanction (including, but not limited to, any fine 
        or imprisonment) 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 redesignating 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 instrumentality in 
        the same manner and under the same circumstances as an action 
        would be initiated against another person. Any voluntary 
        resolution or settlement of such an action shall be set forth 
        in a consent order.
            ``(2) Opportunity to confer.--No administrative order 
        issued to such a department, agency, or instrumentality shall 
        become final until such department, agency, or instrumentality 
        has had the opportunity to confer with the Administrator.''.

SEC. 3. DEFINITION OF PERSON.

    Section 502(5) of the Federal Water Pollution Control Act (33 
U.S.C. 1362(5)) is amended by inserting before the period the 
following: ``and shall include each department, agency, and 
instrumentality of the United States''.

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