text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Federal Facilities Clean Water 
  Compliance Act of 1993''.
  
  SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES.
  
      Section 313(a) of the Federal Water Pollution Control Act (33 
  U.S.C. 1323(a)) is amended by striking the third sentence and all that 
  follows through the period at the end of the last sentence and 
  inserting the following: ``The Federal, State, interstate, and local 
  substantive and procedural requirements, administrative authority, and 
  process and sanctions referred to in this subsection include, but are 
  not limited to, all administrative orders and all 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. The United States 
  hereby expressly waives any immunity otherwise applicable to the United 
  States with respect to any such requirement, administrative authority, 
  and process and sanctions (including, but not limited to, any 
  injunctive relief, administrative order or civil or administrative 
  penalty or fine referred to in the preceding sentence, or reasonable 
  service charge). The reasonable service charges referred to in this 
  subsection include, but are not limited to, fees or charges assessed in 
  connection with the processing and issuance of permits, renewal of 
  permits, amendments to permits, review of plans, studies, and other 
  documents, and inspection and monitoring of facilities, as well as any 
  other nondiscriminatory charges that are assessed in connection with a 
  Federal, State, interstate, or local water pollution regulatory 
  program. No agent, employee, or officer of the United States shall be 
  personally liable for any civil penalty under any Federal, State, 
  interstate, or local water pollution law with respect to any act or 
  omission within the scope of the official duties of the agent, 
  employee, or officer. An agent, employee, or officer of the United 
  States shall be subject to any criminal sanction (including, but not 
  limited to, any fine or imprisonment) under any Federal or State water 
  pollution law, but no department, agency, or instrumentality of the 
  executive, legislative, or judicial branch of the Federal Government 
  shall be subject to any such sanction.''.
  
  SEC. 3. FEDERAL FACILITY ENFORCEMENT.
  
      Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 
  1319) is amended by adding at the end the following:
      ``(h) Federal Facility Enforcement.--
              ``(1) Compliance orders.--
                      ``(A) In general.--Whenever on the basis of any 
                  information available to him--
                              ``(i) the Administrator determines that any 
                          department, agency, or instrumentality of the 
                          United States has violated or is in violation 
                          of section 301, 302, 306, 307, 308, 311, 318, 
                          or 405 of this Act, or has violated or is in 
                          violation of any permit condition or limitation 
                          implementing any such section in a permit 
                          issued under section 402 of this Act by the 
                          Administrator or by a State, or in a permit 
                          issued under section 404 of this Act by a 
                          State, or any requirement imposed in a 
                          pretreatment program approved under section 
                          402(a)(3) or 402(b)(8) of this Act;
                              ``(ii) the Secretary of the Army determines 
                          that any department, agency, or instrumentality 
                          of the United States has violated or is in 
                          violation of any condition or limitation in a 
                          permit issued under section 404 of this Act;
                              ``(iii) the Secretary of the department in 
                          which the Coast Guard is operating determines 
                          that any department, agency, or instrumentality 
                          of the United States has violated any provision 
                          of section 311 of this Act or any of its 
                          implementing regulations;
                  the Administrator or Secretary, as applicable, may 
                  propose an order to assess a civil penalty for any past 
                  or current violation or require compliance immediately 
                  or within a specified time period, or both.
                      ``(B) Required terms.--Any order issued under this 
                  subsection --
                              ``(i) by the Administrator may include a 
                          suspension or revocation of any permit issued 
                          by the Administrator or a State under sections 
                          402 and 404 of this Act; and
                              ``(ii) by the Secretary of the Army may 
                          include a suspension or revocation of any 
                          permit issued by the Secretary of the Army or a 
                          State under section 404 of this Act; and
          shall state with reasonable specificity the nature of the 
          violation. Any penalty assessed in the order shall not exceed 
          $25,000 per day for each violation.
              ``(2) Public hearing.--Any order under this section shall 
          become final unless, not later than 30 days after the order is 
          served, a Federal department, agency, or instrumentality of the 
          United States named therein requests a public hearing. Upon 
          such request, the Administrator or Secretary, as applicable, 
          shall promptly conduct a public hearing. Such public hearing 
          shall be conducted in accordance with section 554 of title 5, 
          United States Code. In connection with any proceeding under 
          this subsection, the Administrator or Secretary may issue 
          subpoenas for the attendance and testimony of witnesses and the 
          production of relevant papers, books, and documents and may 
          promulgate rules for discovery procedures.
              ``(3) Violation of compliance orders.--If a violator fails 
          to take corrective action within the time specified in an order 
          issued under paragraph (1)--
                      ``(A) the Administrator or Secretary, as 
                  applicable, may assess a civil penalty of not more than 
                  $25,000 for each day of continued noncompliance with 
                  the order; and
                      ``(B)(i) the Administrator may suspend or revoke 
                  any permit issued pursuant to section 402 or 404 of 
                  this Act which is the subject of the order, whether 
                  issued by the Administrator or the State; and
                      ``(ii) the Secretary of the Army may suspend or 
                  revoke any permit issued pursuant to section 404 of 
                  this Act, whether issued by the Secretary of the Army 
                  or a State.
              ``(4) Determination of amount of penalty.--In determining 
          the amount of any penalty assessed under this subsection, the 
          Administrator or Secretary, as the case may be, shall consider 
          the seriousness of each violation or violations, the violator's 
          economic benefit or savings (if any) resulting from each 
          violation, any history of prior violations, any good-faith 
          efforts to avoid noncompliance or to comply with the applicable 
          requirements, the violator's ability to pay the penalty, and 
          such other matters in mitigation and aggravation as justice may 
          require.
              ``(5) Limitation on actions and right of intervention.--Any 
          violation with respect to which the Administrator or the 
          Secretary, as applicable, has commenced and is diligently 
          prosecuting an action under this subsection, or for which the 
          Administrator or the Secretary has issued a final order and the 
          violator has paid a penalty assessed under this subsection, 
          shall not be the subject of a civil enforcement action under 
          section 505 of this Act. In any action under this subsection, 
          any citizen may intervene as a matter of right.
              ``(6) Penalty fund.--Penalties received under this 
          subsection shall be deposited into a special fund in the United 
          States Treasury for licensing and other services. Amounts in 
          the fund are authorized to be appropriated and shall remain 
          available until expended for allocation by the Administrator to 
          finance water remediation and other restorative and preventive 
          projects at Federal facilities. The Administrator shall 
          annually report to Congress about the sums deposited into the 
          fund, the sources thereof, and the allocations thereof.''.
  
  SEC. 4. DEFINITION OF PERSON.
  
      (a) General Definitions.--Section 502(5) of the Federal Water 
  Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting 
  before the period at the end the following: ``and includes any 
  department, agency, or instrumentality of the United States''.
      (b) Oil and Hazardous Substance Liability Program.--Section 
  311(a)(7)) of such Act (33 U.S.C. 1321(a)(7) is amended by inserting 
  before the semicolon at the end the following: ``and any department, 
  agency, or instrumentality of the United States''.
  
  SEC. 5. DEFINITION OF RADIOACTIVE MATERIAL.
  
      Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
  1362) is amended by adding at the end the following:
      ``(21) The term `radioactive materials' includes source materials, 
  special nuclear materials, and byproduct materials (as such terms are 
  defined under the Atomic Energy Act of 1954) which are used, produced, 
  or managed at facilities not licensed by the Nuclear Regulatory 
  Commission.''.
target: Federal Facilities Clean Water Compliance Act of 1993 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements, administrative authorities, sanctions, and penalties concerning water pollution control.  Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties.  Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. 
  Permits the imposition of civil penalties or the issuance of compliance orders against Federal agencies determined to be in violation of specified water pollution control or permit requirements. Authorizes the suspension or revocation of permits.  Provides for the deposit of penalties into a fund to be used for water remediation and other restorative and preventive projects at Federal facilities. 
  Includes Federal agencies within the definition of "person" for purposes of such Act.
feat_title: Federal Facilities Clean Water Compliance Act of 1993