[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2016 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2016
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
May 25, 2001
Ms. DeGette introduced the following bill; which was referred to the
Committee on Energy and 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 2001''.
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) In general.--(A) Each department, agency, and
instrumentality of the executive, legislative, and judicial
branches of the United States shall be subject to, and comply
with, this Act and all other Federal, State, interstate, and
local requirements, both substantive and procedural (including
any requirement for permits or reporting or any provision for
injunctive relief and such sanctions as may be imposed by a
court to enforce such relief), regarding response or
restoration actions related to the release or potential release
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 any 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 law regarding response or restoration actions
relating to the release or potential release of hazardous
substances, pollutants, or contaminants, 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 such Federal or State
law, but no department, agency, or instrumentality of the
executive, legislative, or judicial branch of the United States
shall be subject to any such sanction.
``(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 that is more stringent than such
standard or requirement would be applied to any other person.
``(G)(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 an 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
2001, 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.
``(H) 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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