[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2950 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2950
To require the Administrator of the Environmental Protection Agency to
receive, process, and pay certain claims relating to the Gold King Mine
spill.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2016
Mr. Gardner (for himself and Mr. Hatch) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
receive, process, and pay certain claims relating to the Gold King Mine
spill.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gold King Accountability and
Compensation for Taxpayers'' or the ``Gold King ACT''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on August 5, 2015, the Environmental Protection Agency
caused the release of approximately 3,000,000 gallons of
contaminated water from the Gold King Mine into Cement Creek;
(2) the Environmental Protection Agency takes full
responsibility for the Gold King Mine spill;
(3) the peer reviewer of the Corps of Engineers to the
report of the Department of the Interior relating to the Gold
King Mine spill expressed concerns about the independent nature
of the report and the internal communications and decisions of
the Environmental Protection Agency relating to the spill;
(4) the Environmental Protection Agency should be held to
the same standards as the private sector would be if the
private sector caused a similar spill;
(5) the Environmental Protection Agency should hold
accountable those individuals responsible for the Gold King
Mine spill; and
(6) since response activities took place after October 31,
2015, the Environmental Protection Agency should reimburse
requests for response activity expenses incurred after that
date.
SEC. 3. 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.
(3) Independent contractor.--The term ``independent
contractor'' means any person, as of August 5, 2015, that--
(A) entered into a contract with a Federal agency
(as defined in section 2671 of title 28, United States
Code) for goods or services relating to the Gold King
Mine spill; and
(B) was not an employee of the Government (as
defined in section 2671 of title 28, United States
Code).
(4) Injured person.--The term ``injured person'' means a
person that--
(A) suffered injury resulting from the Gold King
Mine spill; and
(B) is--
(i) an individual;
(ii) an Indian tribe, tribal corporation,
or other tribal organization;
(iii) a corporation, business, partnership,
company, association, insurer, county,
township, city, State or political subdivision
of a State, school district, ditch company,
special district, water district, water
company, the Animas-La Plata Operation,
Maintenance and Replacement Association, or
other non-Federal entity; or
(iv) a legal representative of an
individual or entity described in any of
clauses (i) through (iii).
(5) Injury.--The term ``injury'' means any damage to, or
loss of, property, or a personal injury or death, 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.
SEC. 4. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE FEDERAL TORT CLAIMS
ACT.
(a) Responsibilities of the Administrator.--
(1) In general.--An injured person may bring a claim
arising out of, or relating to, any injury resulting from the
Gold King Mine spill under chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims Act'')
and the Administrator shall receive, process, and pay those
claims in accordance with this section.
(2) Timing.--
(A) In general.--Notwithstanding section 2675(a) of
title 28, United States Code, not later than 90 days
after the date on which an injured person submits to
the Administrator a claim under this section, the
Administrator shall award or deny the payment of the
claim.
(B) Partially paid claims.--In the case of a claim
for which, as of the date of enactment of this Act, the
Administrator has partially awarded payment to an
injured person, the Administrator shall award the
remaining payment not later than 60 days after that
date of enactment.
(C) Previously filed claims.--In the case of a
claim for which, as of the date of enactment of this
Act, not fewer than 90 days have passed since the date
on which an injured person submitted to the
Administrator a claim under this section, not later
than 60 days after that date of enactment, the
Administrator shall award or deny payment of the claim.
(b) Applicability of Other Law.--
(1) Applicability of exception.--Section 2680(a) of title
28, United States Code, shall not apply to claims brought under
this section.
(2) Independent contractors.--For purposes of a claim
brought under this section, the definition of the term
``Federal agency'' under section 2671 of title 28, United
States Code, shall be considered to include an independent
contractor.
(c) Allowable Damages.--
(1) Property loss.--A claim that is paid for loss of
property under this section may include otherwise-uncompensated
damages resulting from the Gold King Mine spill for--
(A) a cost resulting from lost tribal or nontribal
subsistence from hunting, fishing, firewood gathering,
timbering, grazing, or agricultural activities, or from
lost use for traditional or ceremonial uses, conducted
on land or water damaged by the Gold King Mine spill;
(B) a 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 Act;
(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 an injury
under this section may include damages resulting from the Gold
King Mine spill for the following types of otherwise-
uncompensated business loss:
(A) Damage to tangible assets or inventory.
(B) Lost business income.
(C) Overhead costs.
(D) Employee wages for work not performed.
(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 an injury
under this section may include damages resulting from the Gold
King Mine spill for the following types of otherwise-
uncompensated financial loss:
(A) An insurance deductible.
(B) Lost wages or personal income.
(C) Emergency staffing expenses.
(D) Debris removal and other cleanup costs.
(E) Any other loss that the Administrator
determines to be appropriate for inclusion as a
financial loss.
(d) Recoupment for Improper Payments.--Notwithstanding any other
provision of law, during the 13-year period beginning on the date on
which a claim is awarded under this section, the Administrator may take
such action as is necessary to recover payments made under this section
with respect to fraudulent claims and claims made with inaccurate
information.
(e) Source of Payments.--
(1) In general.--Any compensation or award against the
Government made pursuant to a claim under this section shall be
paid by the Administrator from unobligated balances in the
appropriations accounts of the Environmental Protection Agency.
(2) Intent of congress.--It is the intent of Congress that
no additional funds be appropriated to carry out this Act.
SEC. 5. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT.
(a) In General.--The Administrator shall, consistent with the
national contingency plan, receive, process, and pay under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine
spill.
(b) Eligible Claims.--The Administrator shall receive, process, and
pay under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the
Gold King Mine spill that otherwise would be ineligible under that Act
or the national contingency plan if the response action carried out by
the claimant is not inconsistent with the national contingency plan as
described in section 107 of that Act (42 U.S.C. 9607).
(c) Timing.--
(1) In general.--Not later than 90 days after the date on
which an injured person submits to the Administrator a claim
under this section, the Administrator shall award or deny the
payment of the claim.
(2) Partially paid claims.--In the case of a claim for
which, as of the date of enactment of this Act, the
Administrator has partially awarded payment to an injured
person, the Administrator shall award the remaining payment not
later than 60 days after that date of enactment.
(3) Previously filed claims.--In the case of a claim for
which, as of the date of enactment of this Act, not fewer than
90 days have passed since the date on which an injured person
submitted to the Administrator a claim under this section, not
later than 60 days after that date of enactment, the
Administrator shall award or deny payment of the claim.
SEC. 6. EFFECT OF ACT; REDUCTION IN PAYMENT.
(a) Effect of Act.--This Act does not diminish the ability of the
Administrator to carry out the responsibilities of the Administrator
under any other provision of law.
(b) Reduction in Payment.--To prevent a claimant from receiving
twice the damage award for the same injury or claim--
(1) any compensation or award against the Government under
section 4 shall be deducted from any payment awarded against
the Government under section 5; and
(2) any compensation or award against the Government under
section 5 shall be deducted from any payment awarded against
the Government under section 4.
SEC. 7. WATER QUALITY PROGRAM.
(a) In General.--In response to the Gold King Mine spill, the
Administrator, in coordination with affected States and Indian tribes,
shall develop and implement a program for long-term water quality
monitoring of the Animas River.
(b) Requirements.--In carrying out the program described in
subsection (a), the Administrator shall--
(1) collect water quality samples and sediment data;
(2) provide the public with a means of viewing the samples
and data referred to in paragraph (1) by, at a minimum, posting
the information on the website of the Administrator;
(3) take any other relevant measure necessary to assist
affected States and Indian tribes with long-term water
monitoring; and
(4) carry out additional program activities, as determined
by the Administrator.
<all>