To amend the Solid Waste Disposal Act to improve compliance with hazardous waste laws at Federal facilities, and for other purposes.

Summary

Amends the Solid Waste Disposal Act to state that a permit issued to a Federal facility for hazardous waste management shall be deemed to be issued to the operator and that sovereign immunity does not extend to such operator. Prohibits any Federal agency from entering into a contract with a person convicted of an offense under such Act or with any affiliate of such persons for the procurement of goods, materials, or services, if such contract is to be performed at any facility at which the violation which gave rise to the conviction occurred and if such facility is owned, leased, or supervised by such person or affiliate. Continues such prohibition until the Administrator of the Environmental Protection Agency certifies that the condition giving rise to such conviction has been corrected. Requires the President to issue an order: (1) requiring each Federal agency authorized to enter into contracts and each Federal agency empowered to extend Federal assistance by way of grant, loan, or contract to implement such prohibition in such contracting or assistance activities; and (2) setting forth procedures, sanctions, penalties, and such other provisions as the President deems necessary to carry out the requirements of such order. Permits exemptions as specified. Directs the President to report annually to the Congress on the implementation of such prohibition. Prohibits any department, agency, or instrumentality of the United States from: (1) paying any amount of a fine or penalty, or a payment under a settlement agreement, for a violation or alleged violation of such Act imposed on or agreed to be paid by any person other than the United States or an officer or employee of the United States; (2) providing counsel for any such person; or (3) providing funding for such counsel unless such person prevails or substantially prevails in the proceeding. Makes such prohibitions inapplicable to any person carrying out a contract with the United States for the operation of any U.S.-owned facility if: (1) the person notified the United States of the specific conditions which gave rise to the violation or alleged violation as soon as such person knew, or reasonably should have known, of such conditions; (2) the person could not correct the violation or alleged violation without the authorization of, or funding from, the United States; and (3) the United States has failed to provide such authorization or funding.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 8 June 1989

  Open at official source

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