[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1195 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1195

 To amend the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 to ensure full Federal compliance with that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

 Mr. Dan Schaefer of Colorado introduced the following bill; which was 
referred to the Committee on 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 to ensure full Federal compliance with that Act.

    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 Facility Superfund 
Compliance Act of 1997''.

SEC. 2. FEDERAL ENTITIES AND FACILITIES.

    Section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended as 
follows:
            (1) By amending the heading to read as follows:

``SEC. 120. FEDERAL ENTITIES AND FACILITIES.''.

            (2) By amending paragraph (1) of subsection (a) to read as 
        follows:
            ``(1)(A) Each department, agency, and instrumentality of 
        the executive, legislative, and judicial branches of the United 
        States shall be subject to, and comply with, all Federal, 
        State, interstate and local requirements, both substantive and 
        procedural (including any requirements for permits, reporting, 
        or any provisions for injunctive relief and such sanctions as 
        may be imposed by a court to enforce such relief), regarding 
        response actions related to, or management of, hazardous 
        substances, pollutants, or contaminants in the same manner, and 
        to the same extent, as any nongovernmental entity is subject to 
        such requirements, including enforcement and liability under 
        sections 106 and 107 of this title and the payment of 
        reasonable service charges.
            ``(B) The Federal, State, interstate, and local substantive 
        and procedural requirements referred to in subparagraph (A) 
        include, but are not limited to, all administrative orders and 
        all civil and administrative penalties and fines, regardless of 
        whether such penalties and 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 substantive or procedural requirement (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).
            ``(C) The reasonable service charges referred to in this 
        paragraph 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 State, interstate, or local response program.
            ``(D) Neither the United States, nor any agent, employee, 
        or 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.
            ``(E) No agent, employee, or officer of the United States 
        shall be personally liable for any civil penalty under any 
        Federal or State response law with respect to any act or 
        omission within the scope of their official duties. 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 response law, but 
        no department, agency, or instrumentality of the executive, 
        legislative, or judicial branch of the United States shall be 
        subject to any such sanctions.
            ``(F) The waiver of sovereign immunity provided in this 
        paragraph shall not apply to the extent a State law would apply 
        any standard or requirement to such Federal department, agency, 
        or instrumentality in a manner which is more stringent than 
        such standard or requirement would be applied to any other 
        person.
            ``(G) Nothing in this section shall be construed to affect 
        the liability of any person or entity other than a department, 
        agency, or instrumentality of the United States under sections 
        106 and 107 of this Act.
            ``(H)(i) The Administrator may issue an order under section 
        106 of this Act to any department, agency, or instrumentality 
        of the executive, legislative, or judicial branch of the United 
        States. 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 action would be initiated against any other 
        person.
            ``(ii) No administrative order issued to such department, 
        agency, or instrumentality shall become final until such 
        department, agency, or instrumentality has had the opportunity 
        to confer with the Administrator.
            ``(iii) Unless a State law in effect on the date of 
        enactment of the Federal Facility Superfund Compliance Act of 
        1997, 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 imposed for 
        violation of any substantive or procedural requirement referred 
        to in subsection (a) of this section 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.
            ``(I) Each such department, agency, and instrumentality 
        shall have the right to contribution protection set forth in 
        section 113, when such department, agency, or instrumentality 
        resolves its liability under this Act.''.
            (3) By striking paragraph (4) of subsection (a).
            (4) By inserting ``(other than the indemnification 
        requirements of section 119)'' after ``responsibility'' in 
        subsection (a)(3).
            (5) By adding at the end of subsection (e) the following 
        new paragraph:
            ``(7) State requirements.--Notwithstanding any other 
        provision of this Act, an interagency agreement under this 
        section shall in no way impair or diminish the authority of any 
        State to enforce compliance with requirements of State law, 
        unless such requirements have been specifically--
                    ``(A) addressed; or
                    ``(B) waived;
        without objection from the State before or on the date on which 
        the response action is selected.''.
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