[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 672 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 672

  To amend title 10, United States Code, to require the Department of 
Defense and all other defense-related agencies of the United States to 
   fully comply with Federal and State environmental laws, including 
  certain laws relating to public health and worker safety, that are 
 designed to protect the environment and the health and safety of the 
   public, particularly those persons most vulnerable to the hazards 
 incident to military operations and installations, such as children, 
members of the Armed Forces, civilian employees, and persons living in 
         the vicinity of military operations and installations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2009

  Mr. Filner introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committees on 
    Energy and Commerce, Transportation and Infrastructure, Natural 
  Resources, and Education and Labor, 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 title 10, United States Code, to require the Department of 
Defense and all other defense-related agencies of the United States to 
   fully comply with Federal and State environmental laws, including 
  certain laws relating to public health and worker safety, that are 
 designed to protect the environment and the health and safety of the 
   public, particularly those persons most vulnerable to the hazards 
 incident to military operations and installations, such as children, 
members of the Armed Forces, civilian employees, and persons living in 
         the vicinity of military operations and installations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Military 
Environmental Responsibility Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Compliance of federal defense agencies with public safety and 
                            environmental laws.
Sec. 4. Applicability of NEPA to weapon system development and 
                            procurement.
Sec. 5. Repeal of prohibitions on use of defense funds for 
                            environmental compliance and payment of 
                            penalties.
Sec. 6. Savings provision.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To require the Department of Defense and all other 
        defense-related agencies of the United States, as defined in 
        the amendment made by section 3(a), to comply with all Federal 
        and State laws that are designed to protect the environment or 
        the health and safety of the public to the same extent as all 
        other entities subject to those laws.
            (2) To entirely waive any and all sovereign immunity and to 
        entirely revoke any and all exemptions of the Department of 
        Defense and all other defense-related agencies of the United 
        States within the United States and abroad that might in any 
        way limit or exempt those agencies from complying with all 
        Federal and State environmental laws designed to protect the 
        health and safety of the public or the environment.
            (3) To leave no ambiguity for the executive or judicial 
        branches that the Department of Defense and all other defense-
        related agencies are fully subject to all the requirements and 
        possible enforcement of all Federal and State environmental 
        laws designed to protect the health and safety of the public or 
        the environment.

SEC. 3. COMPLIANCE OF FEDERAL DEFENSE AGENCIES WITH PUBLIC SAFETY AND 
              ENVIRONMENTAL LAWS.

    (a) Compliance Required.--Chapter 160 of title 10, United States 
Code, is amended by adding at the end the following new section:
``Sec. 2711. Applicability of environmental laws to the Department of 
              Defense and defense-related agencies
    ``(a) Definitions.--In this section:
            ``(1) The term `Federal defense agency' means--
                    ``(A) the Department of Defense;
                    ``(B) the Department of Energy;
                    ``(C) the Nuclear Regulatory Commission;
                    ``(D) the Office of Naval Nuclear Reactors provided 
                for by Executive Order 12344 (47 Fed. Reg. 4979; 50 
                U.S.C. 2511 note; February 3, 1982), relating to the 
                Naval Nuclear Propulsion Program;
                    ``(E) any other defense-related agency of the 
                United States designated by the President for purposes 
                of this section; and
                    ``(F) installations, facilities, and operations of 
                the Department of Defense and other defense-related 
                agencies covered by this paragraph, whether located or 
                conducted inside or outside of the United States.
            ``(2) The term `defense agency head' means--
                    ``(A) the Secretary of Defense, with respect to the 
                Department of Defense and installations, facilities, 
                and operations of the Department of Defense, whether 
                located or conducted inside or outside of the United 
                States; and
                    ``(B) the head of a Federal defense agency covered 
                by any of subparagraphs (B) through (E) of paragraph 
                (1), with respect to that agency and installations, 
                facilities, and operations of that agency, whether 
                located or conducted inside or outside of the United 
                States.
            ``(3) The term `administering Federal agency' means the 
        Federal agency responsible for the administration or 
        enforcement, or both, of a Federal law covered by subsection 
        (c). In most cases that agency is the Environmental Protection 
        Agency.
            ``(4) The term `State' includes any unit of local 
        government within a State, and the term `State law' includes 
        any local law and any interstate compact or agreement.
    ``(b) Applicability of Environmental Laws.--The substantive and 
procedural requirements of each of the laws covered by subsection (c) 
shall apply to each Federal defense agency in the same manner and to 
the same extent as any person is subject to those requirements. To the 
extent not provided before the date of the enactment of the Military 
Environmental Responsibility Act in any other provision of law, the 
United States hereby expressly waives any immunity, and revokes any 
exemption, otherwise applicable to a Federal defense agency with 
respect to any such substantive or procedural requirement.
    ``(c) Covered Laws.--The laws covered by this subsection are all 
Federal laws, including treaties and regulations, and all State laws, 
that are designed to protect the environment or designed to protect the 
health and safety of the public. At a minimum, those laws include the 
following Federal laws and their analogous State counterparts:
            ``(1) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
        seq.).
            ``(2) The Clean Air Act (42 U.S.C. 7401 et seq.).
            ``(3) The Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.).
            ``(4) The Coastal Zone Management Act of 1972 (16 U.S.C. 
        1451 et seq.).
            ``(5) The Department of Energy Organization Act (42 U.S.C. 
        7101 et seq.).
            ``(6) The Emergency Planning and Community Right-To-Know 
        Act of 1986 (42 U.S.C. 11001 et seq.).
            ``(7) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
            ``(8) The Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.).
            ``(9) The Marine Mammal Protection Act of 1972 (16 U.S.C. 
        1361 et seq.).
            ``(10) The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            ``(11) The Noise Control Act of 1972 (42 U.S.C. 4901 et 
        seq.).
            ``(12) The Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10101 et seq.).
            ``(13) The Occupational Safety and Health Act of 1970 (29 
        U.S.C. 651 et seq.).
            ``(14) The Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
        seq.).
            ``(15) The Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
Notwithstanding the first sentence of this subsection, the Safe 
Drinking Water Act (42 U.S.C. 300f et seq.) and the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.) are not covered by this 
subsection, such laws containing sovereign immunity waiver provisions 
that otherwise appropriately provide for protection of the environment 
and the health and safety of the public.
    ``(d) Covered Substantive and Procedural Requirements.--(1) The 
substantive and procedural requirements referred to in subsection (b) 
include the following:
            ``(A) All regulatory standards, guidelines, and 
        prohibitions including all emission standards, toxicity 
        standards, exposure standards, and use prohibitions.
            ``(B) All administrative orders.
            ``(C) 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.
            ``(D) All conditions for permits or reporting.
            ``(E) All provisions for injunctive relief and such 
        sanctions as may be imposed by a court to enforce such relief.
            ``(F) The payment of service charges.
    ``(2) The service charges referred to in paragraph (1)(F) include 
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 or State regulatory program under 
a law covered by subsection (c).
    ``(3) 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 
such injunctive relief. No agent, employee, or officer of the United 
States shall be personally liable for any civil penalty under any 
Federal or State law covered by subsection (c) 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 any fine or 
imprisonment) under any Federal or State law covered by subsection (c), 
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) Use of Exemption Authority.--If a Federal law covered by 
subsection (c) authorizes the President or the head of the 
administering Federal agency to grant exemptions from any substantive 
or procedural requirement of that law, any use of that authority on 
behalf of a Federal defense agency after the date of the enactment of 
the Military Environmental Responsibility Act shall be effective only 
for a specified period, not to exceed 180 days, unless such period is 
specifically extended by Act of Congress.
    ``(f) Administrative Enforcement Actions.--The head of an 
administering Federal agency shall commence an administrative 
enforcement action against a defense agency head pursuant to the 
enforcement authorities contained in the relevant Federal law covered 
by subsection (c) 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.
    ``(g) Citizen Suits.--(1) Except as provided in paragraph (3) or 
(4), any person may commence a civil action on the person's own behalf 
against--
            ``(A) a defense agency head who is alleged to be in 
        violation of any permit, standard, regulation, condition, 
        requirement, prohibition, or order that has become effective 
        pursuant to a Federal law covered by subsection (c); or
            ``(B) the head of an administering Federal agency where 
        there is alleged a failure of the head of the administering 
        Federal agency to perform any act or duty under a Federal law 
        covered by subsection (c) that is not discretionary.
    ``(2) Any action under paragraph (1)(A) shall be brought in the 
district court for the district in which the alleged violation 
occurred. Any action brought under paragraph (1)(B) may be brought in 
the district court for the district in which the alleged violation 
occurred or in the District Court of the District of Columbia. The 
district court shall have jurisdiction, without regard to the amount in 
controversy or the citizenship of the parties--
            ``(A) to enforce the permit, standard, regulation, 
        condition, requirement, prohibition, or order, referred to in 
        paragraph (1)(A);
            ``(B) to restrain a defendant from continuing a violation 
        of a Federal law covered by subsection (c);
            ``(C) to order the head of an administering Federal agency 
        to perform the act or duty referred to in paragraph (1)(B);
            ``(D) to order a defendant to take such other action as may 
        be necessary; and
            ``(E) to apply any appropriate civil penalties available 
        under the Federal law at issue.
    ``(3) No action may be commenced under paragraph (1)(A)--
            ``(A) prior to 60 days after the plaintiff has given notice 
        of the violation to--
                    ``(i) the head of the relevant administering 
                Federal agency;
                    ``(ii) the State in which the alleged violation 
                occurs; and
                    ``(iii) the defense agency head in violation of the 
                permit, standard, regulation, condition, requirement, 
                prohibition, or order at issue; or
            ``(B) if the head of the administering Federal agency 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 such permit, standard, regulation, 
        condition, requirement, prohibition, or order.
    ``(4) No action may be commenced under paragraph (1)(B) prior to 60 
days after the plaintiff has given notice to the head of the relevant 
administering Federal agency that the plaintiff will commence such 
action. Notice under this subsection shall be given in such manner as 
the head of the administering Federal agency shall prescribe by 
regulation.
    ``(5) In any action under this subsection, the head of the relevant 
administering Federal agency, if not a party, may intervene as a matter 
of right.
    ``(6) The court, in issuing any final order in any action brought 
pursuant to this subsection, may award costs of litigation (including 
reasonable attorney and expert witness fees) to the prevailing or 
substantially prevailing party, whenever the court determines such an 
award is appropriate. The court may, if a temporary restraining order 
or preliminary injunction is sought, require the filing of a bond or 
equivalent security in accordance with the Federal Rules of Civil 
Procedure.
    ``(7) Nothing in this subsection shall restrict any right that a 
person (or class of persons) may have under a Federal law covered by 
subsection (c) or common law to seek enforcement of that Federal law or 
to seek any other relief (including relief against the head of an 
administering Federal agency or a State agency).
    ``(h) Judicial Interpretation.--The courts of the United States and 
of the States shall construe the provisions of this section and any 
other provision of law waiving the sovereign immunity of the United 
States under a law covered by subsection (c) liberally to effect the 
intent of Congress that the United States, acting through a covered 
defense agency, comply with, and be subject to enforcement under, those 
laws to the same extent as private parties.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2711. Applicability of environmental laws to the Department of 
                            Defense and defense-related agencies.''.

SEC. 4. APPLICABILITY OF NEPA TO WEAPON SYSTEM DEVELOPMENT AND 
              PROCUREMENT.

    Section 2431 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) In the case of each weapon system for which the Secretary of 
Defense is required to submit documents under subsection (a), the 
Secretary shall ensure that all development and procurement decisions 
regarding the weapon system are made in compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.

SEC. 5. REPEAL OF PROHIBITIONS ON USE OF DEFENSE FUNDS FOR 
              ENVIRONMENTAL COMPLIANCE AND PAYMENT OF PENALTIES.

    (a) Restored Availability of Restoration Account.--Section 2703 of 
title 10, United States Code, is amended--
            (1) by striking subsection (f); and
            (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively.
    (b) Formerly Used Site Remedial Action Program.--Section 3131 of 
the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 
2701 note) is repealed.
    (c) Conforming Repeal.--Section 8149 of the Department of Defense 
Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1271), is 
repealed.

SEC. 6. SAVINGS PROVISION.

    Nothing in section 2711 of title 10, United States Code, as added 
by section 3 of this Act, or any other provision of this Act, may be 
construed as creating an inference that any provision of Federal law 
enacted before the date of the enactment of this Act that waived the 
sovereign immunity of the United States under a law of the United 
States or of any State was not fully effective and in force under its 
own terms before the date of the enactment of this Act.
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