text: 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.
target: Gold King Mine Spill Accountability Act of 2016 This bill requires the Department of Justice (DOJ) to appoint a special investigator to investigate: (1) who was at fault for the discharge of contaminated water from the Gold King Mine north of Silverton, Colorado, into Cement Creek; (2) which individuals were responsible for the decisions that led to the spill; and (3) what downstream environmental effects were caused by the Environmental Protection Agency's (EPA) actions, or inactions, after the spill.  The bill: (1) entitles individuals to receive compensation for a claim filed, or civil action brought, under the Federal Tort Claims Act relating to an injury resulting from the spill, and (2) establishes within the EPA the Office of Gold King Mine Spill Claims for processing claims of allowable damages resulting from the spill. The EPA may provide compensation for a claim in an amount greater than $25,000 without the prior approval of DOJ. The EPA must fund the implementation of the long-term monitoring program developed by the Long-Term Impact Review Team of New Mexico, for the water quality of the Animas and San Juan Rivers. The EPA may not finalize or work on any rules (including those not related to the spill) until all claims have been paid, except rules that are necessary to address an imminent threat to public health or safety, or other emergency.
feat_title: Gold King Mine Spill Accountability Act of 2016