Text: H.R.2318 — 113th Congress (2013-2014)All Information (Except Text)

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Reported in House (11/01/2013)

Union Calendar No. 184

113th CONGRESS
1st Session
H. R. 2318

[Report No. 113–180, Part I]


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

July 30, 2013

Reported from the Committee on Energy and Commerce with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

July 30, 2013

Referral to the Committee on Transportation and Infrastructure extended for a period ending not later than November 1, 2013

November 1, 2013

Additional sponsor: Mr. Cramer

November 1, 2013

The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on June 11, 2013]


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.

“(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.”.


Union Calendar No. 184

113th CONGRESS
     1st Session
H. R. 2318
[Report No. 113–180, Part I]

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.

November 1, 2013
The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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