[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1224 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1224

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 1997

 Mr. Allard (for himself and Mr. Wyden) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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--
            (1) by striking the section heading and inserting the 
        following:

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

            (2) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) Definition of service charges.--In this 
                paragraph, the term `service charge' includes--
                            ``(i) a fee or charge assessed in 
                        connection with--
                                    ``(I) the processing or issuance of 
                                a permit, renewal of a permit, or 
                                amendment of a permit;
                                    ``(II) review of a plan, study, or 
                                other document; or
                                    ``(III) inspection or monitoring of 
                                a facility; and
                            ``(ii) any other charge that is assessed in 
                        connection with a State, interstate, or local 
                        response program.
                    ``(B) Application of federal, state, interstate, 
                and local law.--
                            ``(i) In general.--Each department, agency, 
                        and instrumentality of the executive, 
                        legislative, or judicial branch of the United 
                        States shall be subject to, and shall comply 
                        with this Act and all other Federal, State, 
                        interstate, and local substantive and 
                        procedural requirements and other provisions of 
                        law relating to a response action or 
                        restoration action or the management of a 
                        hazardous waste, pollutant, or contaminant in 
                        the same manner, and to the same extent, as any 
                        nongovernmental entity is subject to those 
                        provisions of law.
                            ``(ii) Provisions included.--The provisions 
                        of law referred to in clause (i) include--
                                    ``(I) a permit requirement;
                                    ``(II) a reporting requirement;
                                    ``(III) a provision authorizing 
                                injunctive relief (including such 
                                sanctions as a court may impose to 
                                enforce injunctive relief);
                                    ``(IV) sections 106 and 107 and 
                                similar provisions of Federal, State, 
                                or local law relating to enforcement 
                                and liability for cleanup, 
                                reimbursement of response costs, 
                                contribution, and payment of damages;
                                    ``(V) a requirement to pay 
                                reasonable service charges; and
                                    ``(VI) all administrative orders 
                                and all civil and administrative 
                                penalties and fines, regardless of 
                                whether the penalties or fines are 
                                punitive or coercive in nature or are 
                                imposed for an isolated, intermittent, 
                                or continuing violation.
                    ``(C) Waiver of immunity.--
                            ``(i) In general.--The United States waives 
                        any immunity applicable to the United States 
                        with respect to any provision of law described 
                        in subparagraph (B).
                            ``(ii) Limitation.--The waiver of sovereign 
                        immunity under clause (i) does not apply to the 
                        extent that a State law would apply any 
                        standard or requirement to the Federal 
                        department, agency, or instrumentality in a 
                        manner that is more stringent than the manner 
                        in which the standard or requirement would 
apply to any other person.
                    ``(D) Civil and criminal liability.--
                            ``(i) Injunctive relief.--Neither the 
                        United States nor any agent, employee, or 
                        officer of the United States shall be immune or 
                        exempt from any process or sanction of any 
                        Federal or State court with respect to the 
                        enforcement of injunctive relief referred to in 
                        subparagraph (B)(ii)(III).
                            ``(ii) No personal liability for civil 
                        penalty.--No agent, employee, or officer of the 
                        United States shall be personally liable for 
                        any civil penalty under any Federal or State 
                        law relating to a response action or to 
                        management of a hazardous substance, pollutant, 
                        or contaminant with respect to any act or 
                        omission within the scope of the official 
                        duties of the agent, employee, or officer.
                            ``(iii) Criminal liability.--An agent, 
                        employee, or officer of the United States shall 
                        be subject to any criminal sanction (including 
                        a fine or imprisonment) under any Federal or 
                        State law relating to a response action or to 
                        management of a hazardous substance, pollutant, 
                        or contaminant, but no department, agency, or 
                        instrumentality of the executive, legislative, 
                        or judicial branch of the United States shall 
                        be subject to any such sanction.
                    ``(E) Enforcement.--
                            ``(i) Abatement actions.--The Administrator 
                        may issue an order under section 106 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 an action would be 
                        initiated against any other person.
                            ``(ii) Consultation.--No administrative 
                        order issued to a department, agency, or 
                        instrumentality of the United States shall 
                        become final until the department, agency, or 
                        instrumentality has had the opportunity to 
                        confer with the Administrator.
                            ``(iii) Use of penalties and fines.--Unless 
                        a State law in effect on the date of enactment 
                        of this clause requires the funds to be used in 
                        a different manner, all funds collected by a 
                        State from the Federal Government as penalties 
                        or fines imposed for violation of a provision 
                        of law referred to in subparagraph (B) 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.
                    ``(F) Contribution.--A department, agency, or 
                instrumentality of the United States shall have the 
                right to contribution under section 113 if the 
                department, agency, or instrumentality resolves its 
                liability under this Act.'';
                    (B) in the second sentence of paragraph (3), by 
                inserting ``(other than the indemnification 
                requirements of section 119)'' after 
                ``responsibility''; and
                    (C) by striking paragraph (4); and
            (3) in subsection (e), by adding at the end the following:
            ``(7) State requirements.--Notwithstanding any other 
        provision of this Act, an interagency agreement under this 
        section shall not impair or diminish the authority of a State, 
        political subdivision of a State, or any other person or the 
        jurisdiction of any court to enforce compliance with 
        requirements of State or Federal law, unless those requirements 
        have been specifically addressed in the agreement or waived 
        without objection after notice to the State before or on the 
        date on which the response action is selected.''.
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