H.R. 3655 — Introduced in House

I 114th CONGRESS 1st Session H. R. 3655 IN THE HOUSE OF REPRESENTATIVES September 30, 2015 Mr. Westmoreland (for himself, Mr. Brooks of Alabama, Mr. Franks of Arizona, Mr. Zinke, Mr. Smith of Missouri, Mr. Jody B. Hice of Georgia, Mr. LaMalfa, Mr. Babin, and Mr. Mooney of West Virginia) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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. 1. Short title This Act may be cited as the EPA Pays Act. 2. Liability (a) Economic damages Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) is amended— (1) in paragraph (4)— (A) in subparagraph (C), by striking ; and and inserting a semicolon; (B) in subparagraph (D), by striking the period at the end and inserting ; and; and (C) 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. ; and (2) in the matter following paragraph (4), by striking subparagraphs (A) through (D) and inserting subparagraphs (A) through (E). (b) 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. 3. Reimbursement to Judgment Fund (a) 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. (b) 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.