[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1923 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1923

 To amend the Federal Water Pollution Control Act to ensure compliance 
       by Federal facilities with pollution control requirements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 2, 1998

Mr. Coverdell (for himself, Mr. Breaux, and Mr. DeWine) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Water Pollution Control Act to ensure compliance 
       by Federal facilities with pollution control requirements.

    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 1998''.

SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES.

    Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 
1323) is amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by striking subsection (a) and inserting the following:
    ``(a) Compliance.--
            ``(1) Definition of reasonable service charge.--In this 
        subsection, the term `reasonable service charge' includes but 
        is not limited to--
                    ``(A) a fee or charge assessed in connection with 
                the processing, issuance, renewal, or amendment of a 
                permit, review of a plan, study, or other document, or 
                inspection or monitoring of a facility; and
                    ``(B) any other nondiscriminatory charge that is 
                assessed in connection with a Federal, State, 
                interstate, or local regulatory program concerning the 
                control and abatement of water pollution.
            ``(2) Requirement.--Each department, agency, and 
        instrumentality of the executive, legislative, or judicial 
        branch of the Federal Government that has jurisdiction over any 
        property or facility, or is engaged in any activity that 
        results, or that may result, in the discharge or runoff of a 
        pollutant shall be subject to, and shall comply with, all 
        Federal, State, interstate, and local substantive and 
        procedural requirements (including any requirement for a permit 
        or reporting, any provision for injunctive relief and such 
        sanctions as are imposed by a Federal or State court to enforce 
        the relief, and any requirement for the payment of a reasonable 
        service charge) concerning the control and abatement of water 
        pollution in the same manner, and to the same extent, as any 
        other person is subject to the requirements.
            ``(3) Limited waiver of sovereign immunity.--The United 
        States waives any immunity otherwise applicable to the United 
        States with respect to any substantive or procedural 
        requirement described in paragraph (2), including but not 
        limited to immunity from process in an administrative or court 
        action seeking--
                    ``(A) injunctive relief;
                    ``(B) imposition of a sanction referred to in this 
                subsection;
                    ``(C) enforcement of an administrative order;
                    ``(D) imposition of an administrative penalty or 
                fine; or
                    ``(E) payment of a reasonable service charge.
            ``(4) Administrative orders and penalties.--The substantive 
        and procedural requirements described in paragraph (2) include 
        but are not limited to all administrative orders and all civil 
        and administrative penalties or fines, regardless of whether 
        the penalties or fines are punitive or coercive in nature or 
        are imposed for isolated, intermittent, or continuing 
        violations.
            ``(5) Injunctive relief.--The United States (including any 
        agent, employee, or officer of the United States) shall not be 
        immune or exempt from any process or sanction of any State or 
        Federal court with respect to the enforcement of any injunctive 
        relief referred to in paragraph (2).
            ``(6) Civil penalties.--No agent, employee, or officer of 
        the United States shall be personally liable for any civil 
        penalty under any Federal, State, interstate, or local law 
        concerning the control and abatement of water pollution with 
        respect to any act or omission within the scope of the official 
        duties of the agent, employee, or officer.
            ``(7) Criminal penalties.--
                    ``(A) Agents, employees, and officers.--An agent, 
                employee, or officer of the United States shall be 
                subject to a criminal sanction (including but not 
                limited to a fine or imprisonment) under any Federal or 
                State law concerning the control and abatement of water 
                pollution.
                    ``(B) Departments, agencies, and 
                instrumentalities.--No department, agency, or 
                instrumentality of the executive, legislative, or 
                judicial branch of the Federal Government shall be 
                subject to a sanction referred to in subparagraph (A).
    ``(b) Administrative Enforcement Actions.--
            ``(1) In general.--
                    ``(A) Commencement.--The Administrator, the 
                Secretary of the Army, and the Secretary of the 
                department in which the Coast Guard is operating 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 authorized by this Act.
                    ``(B) Manner and circumstances.--The Administrator 
                or Secretary, as applicable, shall initiate an 
                administrative enforcement action against such a 
                department, agency, or instrumentality in the same 
                manner and under the same circumstances as the 
                Administrator or Secretary would initiate such an 
                action against another person.
                    ``(C) Consent orders.--Any voluntary resolution or 
                settlement of an action described in subparagraph (B) 
                shall be set forth in a consent order.
            ``(2) Opportunity to confer.--An administrative order 
        issued to a department, agency, or instrumentality under 
        paragraph (1) shall not become final until the department, 
        agency, or instrumentality has had the opportunity to confer 
        with the Administrator or Secretary, as applicable.
    ``(c) Limitation on State Use of Funds Collected From the Federal 
Government.--Unless a State law in effect on the date of enactment of 
this subsection 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 a 
substantive or procedural requirement described in subsection (a) 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.''.

SEC. 3. DEFINITION OF PERSON.

    (a) General Definitions.--Section 502(5) of the Federal Water 
Pollution Control Act (33 U.S.C. 1362(5)) is amended--
            (1) by striking ``or any'' and inserting ``an''; and
            (2) by inserting before the period at the end the 
        following: ``or a department, agency, or instrumentality of the 
        United States''.
    (b) Oil and Hazardous Substance Liability Program.--Section 
311(a)(7) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(a)(7)) is amended--
            (1) by striking ``a''; and
            (2) by inserting before the semicolon at the end the 
        following: ``and a department, agency, or instrumentality of 
        the United States''.
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