article: 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.''.
summary: 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.