Wayne Allard: “I rise today to discuss language in the DoD authorization report contained in the ``Additional Matters of Interest''…”

“I rise today to discuss language in the DoD authorization report contained in the ``Additional Matters of Interest'' section. The language in the DoD Authorization targets an amendment Senator Wyden and I were able to get accepted during the Superfund markup. Earlier this year the EPW Committee marked up S. 8, which if passed and signed into law would significantly improve the Superfund program. At markup Senator Wyden and I proposed an amendment clarifying the waiver of sovereign immunity currently contained in Section 120 of Superfund. A waiver of sovereign immunity basically allows private parties and state and local governments to bring suit against the federal government for noncompliance. This original waiver was added in 1986 when Superfund was last reformed and was accepted with broad bipartisan support. The intent of Section 120 is clear and unambiguous to those who research the legislative history and read it faithfully. The words are plain and they read: ``Each department, agency, and instrumentality of the United States (including the executive, legislative, and judicial branches of government) shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under section 9607 of this title.'' My reading of this is that the federal government needs to comply with the law just like any private party or state or local entity.”