[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2318 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2318

 To amend the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 with respect to the applicability of the Act to 
              Federal facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2013

  Mr. Latta 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 with respect to the applicability of the Act to 
              Federal facilities, and for other purposes.

    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 Accountability Act 
of 2013''.

SEC. 2. FEDERAL FACILITIES.

    (a) Application to Federal Government.--Section 120(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9620(a)) is amended in the heading by striking ``of 
Act''.
    (b) Application of Requirements to Federal Facilities.--Section 
120(a)(2) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9620(a)(2)) is amended--
            (1) by striking ``preliminary assessments'' and inserting 
        ``response actions'';
            (2) by inserting ``or'' after ``National Contingency 
        Plan,'';
            (3) by striking ``, or applicable to remedial actions at 
        such facilities''; and
            (4) by inserting ``or have been'' before ``owned or 
        operated''.
    (c) Applicability of Laws.--Section 120(a)(4) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(a)(4)) is amended to read as follows:
            ``(4) Applicability of laws.--
                    ``(A) In general.--Each department, agency, and 
                instrumentality of the United States shall be subject 
                to, and comply with, at facilities that are or have 
                been owned or operated by any such department, agency, 
                or instrumentality, State substantive and procedural 
                requirements regarding response relating to hazardous 
                substances or pollutants or contaminants, including 
                State hazardous waste requirements, in the same manner 
                and to the same extent as any nongovernmental entity.
                    ``(B) Compliance.--
                            ``(i) In general.--The United States hereby 
                        expressly waives any immunity otherwise 
                        applicable to the United States with respect to 
                        any State substantive or procedural requirement 
                        referred to in subparagraph (A).
                            ``(ii) Injunctive relief.--Neither the 
                        United States, nor any agent, employee, nor 
                        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 under subparagraph (C)(ii).
                            ``(iii) Civil penalties.--No agent, 
                        employee, or officer of the United States shall 
                        be personally liable for any civil penalty 
                        under any State substantive or procedural 
                        requirement referred to in subparagraph (A), or 
                        this Act, with respect to any act or omission 
                        within the scope of the official duties of the 
                        agent, employee, or officer.
                            ``(iv) Criminal sanctions.--An agent, 
                        employee, or officer of the United States shall 
                        be subject to any criminal sanction (including 
                        any fine or imprisonment) under any State 
                        substantive or procedural requirement referred 
                        to in subparagraph (A), or this Act, but no 
                        department, agency, or instrumentality of the 
                        executive, legislative, or judicial branch of 
                        the Federal Government shall be subject to any 
                        such sanction.
                    ``(C) Substantive and procedural requirements.--The 
                State substantive and procedural requirements referred 
                to in subparagraph (A) include--
                            ``(i) administrative orders;
                            ``(ii) injunctive relief;
                            ``(iii) 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;
                            ``(iv) reasonable service charges or 
                        oversight costs; and
                            ``(v) laws or regulations requiring the 
                        imposition and maintenance of engineering or 
                        land use controls.
                    ``(D) Reasonable service charges or oversight 
                costs.--The reasonable service charges or oversight 
                costs referred to in subparagraph (C) include fees or 
                charges assessed in connection with--
                            ``(i) the processing, issuance, renewal, or 
                        modification of permits;
                            ``(ii) the review of plans, reports, 
                        studies, and other documents;
                            ``(iii) attorney's fees;
                            ``(iv) inspection and monitoring of 
                        facilities or vessels; and
                            ``(v) any other nondiscriminatory charges 
                        that are assessed in connection with a State 
                        requirement regarding response relating to 
                        hazardous substances or pollutants or 
                        contaminants.''.

SEC. 3. AUTHORITY TO DELEGATE, ISSUE REGULATIONS.

    Section 115 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended by 
adding at the end the following new sentence: ``If the President 
delegates or assigns any duties or powers under this section to a 
department, agency, or instrumentality of the United States other than 
the Administrator, the Administrator may review, as the Administrator 
determines necessary or upon request of any State, actions taken, or 
regulations promulgated, pursuant to such delegation or assignment, for 
purposes of ensuring consistency with the guidelines, rules, 
regulations, or criteria established by the Administrator under this 
title.''.
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