[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2449 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2449

 To amend the Federal Water Pollution Control Act relating to Federal 
                     facilities pollution control.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 1999

Mr. Norwood (for himself, Ms. DeGette, Ms. Schakowsky, Mr. English, Ms. 
  Rivers, Mr. Pombo, Mr. McIntosh, Mr. Shows, Mr. Regula, Mr. Barr of 
  Georgia, Mr. Chambliss, Mr. Linder, Mr. Kingston, Mr. Collins, Mr. 
Isakson, Mr. Deal of Georgia, and Mr. Graham) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 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 1999''.

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 the section heading and all that follows 
        through the period at the end of subsection (a) and inserting 
        the following:

``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.

    ``(a) In General.--
            ``(1) Applicability of federal, state, and local 
        requirements.--Each department, agency, and instrumentality of 
        the executive, legislative, and judicial branches of the 
        Federal Government (A) having jurisdiction over any property or 
        facility, or (B) engaged in any activity resulting, or which 
        may result, in the discharge or runoff of pollutants shall be 
        subject to, and comply with, all Federal, State, interstate, 
        and local requirements, both substantive and procedural 
        (including any requirement for permits or reporting or any 
        provisions for injunctive relief and such sanctions as may be 
        imposed by a court to enforce such relief), respecting the 
        control and abatement of water pollution and management in the 
        same manner, and to the same extent, as any person is subject 
        to such requirements, including the payment of reasonable 
        service charges.
            ``(2) Types of requirements.--The Federal, State, 
        interstate, and local substantive and procedural requirements, 
        administrative authority, and process and sanctions referred to 
        in paragraph (1) 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.
            ``(3) Waiver of immunity.--The United States hereby 
        expressly waives any immunity otherwise applicable to the 
        United States with respect to any such substantive or 
        procedural requirement referred to in paragraph (1) (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).
            ``(4) Types of reasonable service charges.--The reasonable 
        service charges referred to in paragraph (1) 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.
            ``(5) Applicability of injunctive relief.--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 referred to in paragraph (1).
            ``(6) Liability of united states employees.--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.
    ``(b) Administrative Enforcement Actions.--
            ``(1) In general.--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 contained in 
        this Act. 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 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 or 
        Secretary, as applicable.
    ``(c) Limitation on State Use of Funds Collected From Federal 
Government.--Unless a State law in effect on the date of the 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 
any substantive or procedural requirement referred to 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 Programs.--Section 502(5) of the Federal Water 
Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting 
before the period at the end the following: ``and includes any 
department, agency, or instrumentality of the United States''.
    (b) Oil and Hazardous Substance Liability Program.--Section 
311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by inserting 
before the semicolon at the end the following: ``and any department, 
agency, or instrumentality of the United States''.
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