Section 1 Short title
This Act may be cited as the “EPA Pays Act”.
EPA Pays Act
A BILL
To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to Federal Government liability and to require reimbursement to the Judgement Fund for certain claims, and for other purposes.
Sec. 2 Liability
Economic damages— Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) is amended—
in paragraph (4)—
in subparagraph (C), by striking “; and” and inserting a semicolon;
in subparagraph (D), by striking the period at the end and inserting “; and”; and
by adding after subparagraph (D) the following:
“(E) in the case of a person who is the United States Government, any other economic damages incurred by any person caused by the United States Government.”
in the matter following paragraph (4), by striking “subparagraphs (A) through (D)” and inserting “subparagraphs (A) through (E)”.
Liability of United States Government— Section 107(d)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(d)(1)) is amended by inserting “other than the United States Government” after “no person”.
Sec. 3 Reimbursement to Judgment Fund
In general— The Administrator of the Environmental Protection Agency shall reimburse to the fund described in section 1304 of title 31, United States Code, from the unobligated balance of amounts available to the Administrator in the “Environmental Programs and Management” account for the Information Exchange/Outreach, Enforcement, and Clean Air and Climate program areas, an amount equal to the amount of each payment made from such fund resulting from a claim under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or chapter 171 of title 28, United States Code.
Order of sources— In carrying out subparagraph (a), the Administrator shall first use amounts available for the Information Exchange/Outreach program area. If sufficient amounts are not available for such program area, the Administrator shall use amounts available for the Enforcement program area. If sufficient amounts are not available for either of the preceding program areas, the Administrator shall use amounts available for the Clean Air and Climate program area.