H.R. 2318 — what changed
Federal Facility Accountability Act of 2013
From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.
Sec. 2 Federal facilities
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”.
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—
by striking “preliminary assessments” and inserting “response actions”;
by inserting “or” after “National Contingency Plan,”;
by striking “, or applicable to remedial actions at such facilities”; and
by inserting “or have been” before “owned or operated”.
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.
removed
“(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.”