[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4483 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4483

    To appoint a special investigator to determine the role of the 
  Environmental Protection Agency in the Gold King Mine spill and its 
   downstream environmental effects, provide compensation to injured 
persons, fund certain long-term water quality monitoring programs, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2016

  Mr. Pearce introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
     Committees on the Judiciary, Rules, Energy and Commerce, and 
Agriculture, 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 appoint a special investigator to determine the role of the 
  Environmental Protection Agency in the Gold King Mine spill and its 
   downstream environmental effects, provide compensation to injured 
persons, fund certain long-term water quality monitoring programs, 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 ``Gold King Mine Spill Accountability 
Act of 2016''.

SEC. 2. SPECIAL INVESTIGATION OF ENVIRONMENTAL PROTECTION AGENCY ROLE 
              IN GOLD KING MINE SPILL.

    (a) Appointment.--Not later than 30 days after the date of 
enactment of this Act, the Attorney General shall appoint a special 
investigator, dedicated full time, to conduct an investigation in order 
to determine--
            (1) who was at fault for the Gold King Mine spill;
            (2) which individuals were responsible for the decisions 
        that led to the spill; and
            (3) what downstream environmental effects were caused by 
        the actions of the Environmental Protection Agency, or the 
        Environmental Protection Agency's failure to take action, after 
        the Gold King Mine spill.
    (b) Compensation From Environmental Protection Agency.--The special 
investigator shall be compensated for expenses incurred in the course 
of conducting the investigation under subsection (a) by amounts 
provided in advance in appropriation Acts to the Administrator. The 
special investigator shall be paid at a rate not to exceed the rate of 
basic pay for GS-14 of the General Schedule. If the special 
investigator is a full-time officer or employee of the United States, 
the special investigator may not receive additional pay, allowances, or 
benefits by reason of his or her service as a special investigator 
under this section.
    (c) Authorities of Special Investigator.--
            (1) Staff.--The special investigator may appoint and fix 
        the pay of additional personnel as the special investigator 
        considers appropriate. Staff members appointed by the special 
        investigator under this paragraph who are full-time officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their service to the 
        special investigator.
            (2) Staff of federal agencies.--Upon the request of the 
        special investigator, the head of any Federal department or 
        agency may detail any of the personnel of that department or 
        agency to assist the special investigator in carrying out his 
        or her duties under this section.
            (3) Obtaining official data.--The special investigator may 
        secure directly from any department or agency of the United 
        States information necessary to enable the special investigator 
        to carry out this section. Upon the request of the special 
        investigator, the head of that department or agency shall 
        furnish that information to the special investigator.
            (4) Subpoena power.--
                    (A) In general.--The special investigator may issue 
                subpoenas requiring the attendance and testimony of 
                witnesses and the production of any evidence relating 
                to any matter that the special investigator is 
                empowered to investigate under this section. The 
                attendance of witnesses and the production of evidence 
                may be required from any place within the United States 
                at any designated place of hearing within the United 
                States.
                    (B) Failure to obey a subpoena.--If a person 
                refuses to obey a subpoena issued under subparagraph 
                (A), the special investigator may apply to a United 
                States district court for an order requiring that 
                person to appear before the special investigator to 
                give testimony, produce evidence, or both, relating to 
                the matter under investigation. The application may be 
                made within the judicial district where the hearing is 
                conducted or where that person is found, resides, or 
                transacts business. Any failure to obey the order of 
                the court may be punished by the court as civil 
                contempt.
                    (C) Service of subpoenas.--The subpoenas of the 
                special investigator shall be served in the manner 
                provided for subpoenas issued by a United States 
                district court under the Federal Rules of Civil 
                Procedure for the United States district courts.
                    (D) Service of process.--All process of any court 
                to which application is made under subparagraph (B) may 
                be served in the judicial district in which the person 
                required to be served resides or may be found.
    (d) Report of Findings and Conclusions to Congress.--
            (1) Report of findings.--Not later than 180 days after the 
        date on which the special investigator is appointed, the 
        special investigator shall submit to Congress a report 
        containing the results of the investigation under subsection 
        (a).
            (2) Report of gao audit.--Not later than 180 days after the 
        date on which a report is submitted under paragraph (1), the 
        Comptroller General shall submit to Congress a report 
        containing the results of an audit of the investigation, to 
        determine whether--
                    (A) the investigator appointed had any conflict of 
                interest relating to the subject matter of the 
                investigation or with the Environmental Protection 
                Agency; and
                    (B) the findings are based on substantiated 
                scientific evidence, as applicable.
            (3) Recipients.--
                    (A) The Speaker of the House of Representatives 
                shall refer the reports submitted under paragraphs (1) 
                and (2) to the following:
                            (i) The Committees on Science, Space, and 
                        Technology, Natural Resources, and Oversight 
                        and Government Reform of the House of 
                        Representatives.
                            (ii) Each Member of the House of 
                        Representatives representing a district that 
                        includes the Animas and San Juan River 
                        watersheds or any affected area downstream of 
                        the Gold King Mine.
                    (B) The President pro tempore of the Senate shall 
                refer the reports submitted under paragraphs (1) and 
                (2) to the following:
                            (i) The Committees on Energy and Natural 
                        Resources and Environment and Public Works of 
                        the Senate.
                            (ii) Each Member of the Senate representing 
                        a State that includes the Animas and San Juan 
                        River watersheds or any affected area 
                        downstream of the Gold King Mine.
    (e) Termination.--The authority of the special investigator shall 
terminate upon submission of the report under subsection (d)(1).

SEC. 3. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL.

    (a) Federal Tort Claims.--
            (1) In general.--Subject to paragraph (2), each injured 
        person shall be entitled to receive from the United States 
        compensation for a claim filed, or civil action brought, under 
        chapter 171 of title 28, United States Code (commonly known as 
        the ``Federal Tort Claims Act''), arising out of or relating to 
        an injury resulting from the Gold King Mine spill.
            (2) Nonapplicability of limitation.--Notwithstanding 
        section 2672 of title 28, United States Code, the Administrator 
        may provide compensation for a claim under this section in an 
        amount greater than $25,000 without prior written approval of 
        the Attorney General (or a designee), as the Administrator 
        determines to be appropriate.
    (b) Office of Gold King Mine Spill Claims.--
            (1) Establishment.--There is established within the 
        Environmental Protection Agency an Office of Gold King Mine 
        Spill Claims, in this subsection referred to as the ``Office''.
            (2) Purpose.--The Office shall receive, process, and pay 
        claims in accordance with this section.
            (3) Treatment.--The establishment of the Office by this 
        subsection shall not diminish the ability of the Administrator 
        to carry out the responsibilities of the Environmental 
        Protection Agency under any other provision of law.
            (4) Detailees.--Upon the request of the Administrator, the 
        head of any Federal department or agency may detail, on a 
        reimbursable basis, any personnel of that department or agency 
        to the Office to assist in carrying out this section.
    (c) Allowable Damages.--
            (1) Property loss.--A claim that is paid for loss of 
        property under this section may include damages resulting from 
        the Gold King Mine spill for--
                    (A) any cost resulting from lost tribal subsistence 
                from hunting, fishing, firewood gathering, timbering, 
                grazing, or agricultural activities, or from lost use 
                for traditional or ceremonial uses, conducted on land 
                or using water damaged by the Gold King Mine spill;
                    (B) any cost of reforestation or revegetation on 
                tribal or non-Federal land, to the extent that the cost 
                of reforestation or revegetation is not covered by any 
                other Federal program;
                    (C) any costs borne by any injured person to 
                determine the extent of--
                            (i) the damages to agricultural land; or
                            (ii) any other damages covered by this 
                        section;
                    (D) any costs borne by an injured person to pay for 
                water supplies or equipment to treat water during the 
                period for which a water supply of the injured person 
                was compromised by the Gold King Mine spill; and
                    (E) any other loss that the Administrator 
                determines to be appropriate for inclusion as loss of 
                property.
            (2) Business loss.--A claim that is paid for a business 
        loss under this section may include damages resulting from the 
        Gold King Mine spill for--
                    (A) damage to tangible assets or inventory;
                    (B) business interruption losses;
                    (C) overhead costs;
                    (D) employee wages for work not performed; and
                    (E) any other loss that the Administrator 
                determines to be appropriate for inclusion as a 
                business loss.
            (3) Financial loss.--A claim that is paid for a financial 
        loss under this section may include damages resulting from the 
        Gold King Mine spill for--
                    (A) an insurance deductible;
                    (B) lost wages or personal income;
                    (C) emergency staffing expenses;
                    (D) debris removal and other cleanup costs; and
                    (E) any other loss that the Administrator 
                determines to be appropriate for inclusion as a 
                financial loss.
            (4) Non-limitation.--The losses described in paragraphs (1) 
        through (3) do not limit any compensation that is otherwise 
        available under chapter 171 of title 28, United States Code.
    (d) Compensation.--
            (1) In general.--Any claim for damages compensated under 
        this section during a fiscal year shall be paid from 
        unobligated funds appropriated to the Environmental Protection 
        Agency for that fiscal year.
            (2) Rollover.--To the extent that a claim exceeds the 
        amount of unobligated funds available in that fiscal year, the 
        remainder of the claim shall be paid from unobligated funds in 
        the first subsequent fiscal year in which sufficient 
        unobligated funds are available to satisfy such remainder.
    (e) Definitions.--In this section:
            (1) Injured person.--The term ``injured person'' means a 
        person who suffered injury resulting from the Gold King Mine 
        spill.
            (2) Injury.--The term ``injury'' includes any injury for 
        which compensation may be provided under chapter 171 of title 
        28, United States Code, that is caused by a negligent or 
        wrongful act or omission of a Federal officer, employee, 
        contractor, or subcontractor while acting within the scope of 
        office, employment, or contract, under circumstances in which 
        the Federal officer, employee, contractor, or subcontractor, if 
        a private person, would be liable to the claimant in accordance 
        with the law of the jurisdiction in which the act or omission 
        occurred.
            (3) Person.--The term ``person'' means a person who is 
        eligible to bring a claim under chapter 171 of title 28, United 
        States Code, and may include--
                    (A) an individual;
                    (B) an Indian tribe, tribal corporation, or other 
                tribal organization;
                    (C) a non-Federal entity, including a corporation, 
                business, partnership, company, association, insurer, 
                ditch company, water district, and water company;
                    (D) a State or political subdivision of a State, 
                including a county, township, city, school district, 
                and special district;
                    (E) the Animas-La Plata Operation, Maintenance, and 
                Replacement Association; or
                    (F) a legal representative of an individual or 
                entity described in any of subparagraphs (A) through 
                (E).

SEC. 4. GOLD KING MINE SPILL RESPONSE PROGRAM.

    (a) In General.--Subject to the requirements of subsection (b), the 
Administrator shall fund the implementation of the long-term monitoring 
program developed by the Long-Term Impact Review Team of the State of 
New Mexico for the water quality of the Animas and San Juan Rivers.
    (b) Requirements.--In order to be funded by the Administrator under 
subsection (a), the long-term monitoring program shall--
            (1) provide full disclosure to the public of applicable 
        water quality and sediment data;
            (2) enable clear and meaningful comparison between those 
        data and all relevant water quality standards; and
            (3) meet such other conditions as the Administrator may 
        require to administer the program.

SEC. 5. PROHIBITION OF RULE MAKING.

    (a) In General.--Except as provided under subsection (b), the 
Administrator may not finalize a rule or engage in a rule making (as 
such terms are defined in section 551 of title 5, United States Code) 
until all claims processed under section 3 have been paid in full, as 
applicable.
    (b) Exceptions.--The prohibition under subsection (a) shall not 
apply with respect to--
            (1) such rules as may be required in order to implement 
        this Act; and
            (2) any rule that the Administrator determines necessary to 
        address an imminent threat to public health or safety, or other 
        emergency.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Gold king mine spill.--The term ``Gold King Mine 
        spill'' means the discharge on August 5, 2015, of approximately 
        3,000,000 gallons of contaminated water from the Gold King Mine 
        north of Silverton, Colorado, into Cement Creek that occurred 
        while contractors of the Environmental Protection Agency were 
        conducting an investigation of the Gold King Mine.
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