[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 669 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 669

 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

                             March 19, 1999

  Mr. Coverdell (for himself, Mr. Breaux, Mr. DeWine, and Mr. Grams) 
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 1999''.

SEC. 2. FEDERAL FACILITIES CLEAN WATER COMPLIANCE.

    (a) 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--
                    ``(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) 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 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 
        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 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.''.
    (b) Definition of Person.--
            (1) General definitions.--Section 502(5) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1362(5)) is amended--
                    (A) by striking ``or any'' and inserting ``an''; 
                and
                    (B) by inserting before the period at the end the 
                following: ``or a department, agency, or 
                instrumentality of the United States''.
            (2) 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--
                    (A) by striking ``a''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``and a department, agency, or 
                instrumentality of the United States''.
    (c) Citizen Suits.--Section 505 of the Federal Water Pollution 
Control Act (33 U.S.C. 1365) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``, or'' and 
                inserting a semicolon;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(3) for the collection of a penalty by the United States 
        Government (and associated costs and interest) against any 
        Federal agency that fails, by the date that is 18 months after 
        the effective date of a final order, to pay a penalty assessed 
        by the Administrator under this Act.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Notice.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        action may be commenced--
                    ``(A) under subsection (a)(1)--
                            ``(i) before 60 days after the plaintiff 
                        has given notice of the alleged violation to--
                                    ``(I) the Administrator;
                                    ``(II) the State in which the 
                                alleged violation occurs; and
                                    ``(III) any alleged violator of the 
                                standard, limitation, or order; or
                            ``(ii) if the Administrator or State has 
                        commenced and is diligently prosecuting a civil 
                        or criminal action in a court of the United 
                        States or a State to require compliance with 
                        the standard, limitation, or order (but in any 
                        such action in a court of the United States any 
                        citizen may intervene as a matter of right);
                    ``(B) under subsection (a)(2), before 60 days after 
                the plaintiff has given notice of the action to the 
                Administrator; or
                    ``(C) under subsection (a)(3), before 60 days after 
                the plaintiff has given notice of the action to the 
                Attorney General and the head of the Federal agency 
                referred to in subsection (a)(3).
            ``(2) Exception.--An action may be brought immediately 
        after the giving of notice in the case of an action under this 
        section respecting a violation of section 306 or 307(a).
            ``(3) Manner of giving notice.--Notice under this 
        subsection shall be given in such manner as the Administrator 
        shall prescribe by regulation.''.

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