[Congressional Record Volume 144, Number 41 (Thursday, April 2, 1998)]
[Senate]
[Page S3138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COVERDELL (for himself, Mr. Breaux, and Mr. DeWine):
  S. 1923. A bill to amend the Federal Water Pollution Control Act to 
ensure compliance by Federal facilities with pollution control 
requirements; to the Committee on Environment and Public Works.


       The Federal Facilities Clean Water Compliance Act of 1999

  Mr. COVERDELL. Mr. President, I rise today to introduce legislation 
with the Senior Senator from Louisiana and the Junior Senator from 
Ohio. This legislation--The Federal Facilities Clean Water Compliance 
Act of 1998--will guarantee that the federal government is held to the 
same full range of enforcement mechanisms available under the Clean 
Water Act as private entities, states, and localities. Each federal 
department, agency, and instrumentality will to be subject to and 
comply with all Federal, State, and local requirements with respect to 
the control and abatement of water pollution and management in the same 
manner and extent as any person is subject to such requirements, 
including the payment of reasonable service charges.
  Last year marked the twenty-fifth anniversary of the Clean Water Act. 
This Act has been an effective tool in improving the quality of our 
nation's rivers, lakes, and streams. Over that period of time, however, 
states have not had the ability to impose certain fines and penalties 
against federal agencies for violations of the Clean Water Act. This is 
a double standard that should not be continued.
  In 1972, Congress included provisions on federal facility compliance 
with our nation's water pollution laws in section 313 of the Clean 
Water Act. Section 313 called for federal facilities to comply with all 
federal, state, and local water pollution requirements. However, in 
1992, the United States Supreme Court ruled in U.S. Dept. Of Energy v. 
Ohio, that States could not impose certain fines and penalties against 
federal agencies for violations of the Clean Water Act and the Resource 
Conservation Recovery Act (RCRA). Because of this decision, the Federal 
Facilities Compliance Act (H.R. 2194) was enacted to clarify that 
Congress intended to waive sovereign immunity for agencies in violation 
of RCRA. Federal agencies in violation of the RCRA are now subject to 
State levied fines and penalties. However, this legislation did not 
address the Supreme Court's decision with regard to the Clean Water 
Act.
  The Federal Facilities Clean Water Compliance Act of 1998 makes it 
unequivocally clear that the federal government waives its claim to 
sovereign immunity in the Clean Water Act. The federal government owns 
hundreds of thousands of buildings, located on millions of acres of 
land, none of which have to abide by the same standards as a private 
entity does under the Clean Water Act. This legislation simply ensures 
that the federal government lives by the same rules it imposes on 
everyone else.
  Mr. BREAUX. Mr. President, I am pleased to join Senator Coverdell 
today in introducing the ``Federal Facilities Clean Water Compliance 
Act of 1998''.
  My primary reason for sponsoring the bill with the Senator from 
Georgia is to make the federal Clean Water Act equitable by requiring 
that it apply to and be enforced against the federal government.
  Currently, states, local governments and the private sector do not 
have immunity from the act's enforcement. By the same principle, the 
federal government should not be granted such immunity from the clean 
water statute and this bill provides that parity.
  The bill also provides that the federal government would be subject 
to all the same enforcement mechanisms that apply to states, local 
governments and the private sector under the Clean Water Act.
  Fairness, safety, public health and environmental protection all 
dictate that Federal agencies should be held to the same standards for 
water pollution prevention and control as apply to states, local 
governments and the private sector.
  Equity is ensured by the Coverdell-Breaux bill because all levels of 
government and the private sector would be treated the same under the 
Clean Water Act's enforcement programs. No one would be allowed 
immunity.
  To paraphrase a well-known adage, what's good for states, local 
governments and the private sector in terms of clean water should be 
good for the federal government.
  In addition to the provisions stated previously, the Coverdell-Breaux 
bill reflects the adage's fairness principle in another fashion.
  The bill would hold the federal government accountable to comply not 
only with its own clean water statute, but also with state and local 
clean water laws. Again, equity would be upheld. And, safety, public 
health and environmental protection would be strengthened.
  Other provisions are contained as well in the legislation which 
Senator Coverdell and I are introducing today. For example the EPA 
administrator, the Secretary of the Army and the Secretary of 
Transportation would be authorized to pursue administrative enforcement 
actions under the Clean Water Act against any non-complying federal 
agencies. It also includes provisions for federal employees' personal 
liability under the act's civil and criminal penalty provisions and a 
requirement that the federal government pay reasonable service charges 
when complying with clean water laws.
  Over the past 25 years, the United States has made dramatic advances 
in protecting the environment as a result of the Clean Water Act. We 
have all benefitted as a result.
  Today, I encourage other Senators to join Senator Coverdell and I as 
cosponsors of the bill to bring equity to the clean water program and 
to make possible the expansion of its public and private benefits.
                                 ______