SEC. 2. FEDERAL ENTITIES AND FACILITIES.
Section 120 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9620) is amended as follows:
(1) By amending the heading to read as follows:
‘‘SEC. 120. FEDERAL ENTITIES AND FACILITIES.’’.
(2) By amending paragraph (1) of subsection
(a) to read as follows:
‘‘(1)(A) Each department, agency, and instru-
mentality of the executive, legislative, and judicial
branches of the United States shall be subject to,
and comply with, all Federal, State, interstate and
local requirements, both substantive and procedural
(including any requirements for permits, reporting,
or any provisions for injunctive relief and such sanc-
tions as may be imposed by a court to enforce such
relief), regarding response actions related to, or
management of, hazardous substances, pollutants, or
contaminants in the same manner, and to the same
extent, as any nongovernmental entity is subject to
such requirements, including enforcement and liabil-
ity under sections 106 and 107 of this title and the
payment of reasonable service charges.
‘‘(B) The Federal, State, interstate, and local
substantive and procedural requirements referred to
in subparagraph (A) include, but are not limited to,
all administrative orders and all civil and adminis-
trative penalties and fines, regardless of whether
such penalties and fines are punitive or coercive in
nature or are imposed for isolated, intermittent, or
continuing violations. The United States hereby ex-
pressly waives any immunity otherwise applicable to
the United States with respect to any such sub-
stantive or procedural requirement (including, but
not limited to, any injunctive relief, administrative
order or civil or administrative penalty or fine re-
ferred to in the preceding sentence, or reasonable
service charge).
‘‘(C) The reasonable service charges referred to
in this paragraph include, but are not limited to,
fees or charges assessed in connection with the proc-
essing 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 State,
interstate, or local response program.
‘‘(D) Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or ex-
empt from any process or sanction of any State or
Federal court with respect to the enforcement of any
injunctive relief.
‘‘(E) No agent, employee, or officer of the Unit-
ed States shall be personally liable for any civil pen-
alty under any Federal or State response law with
respect to any act or omission within the scope of
their official duties. 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 response
law, but no department, agency, or instrumentality
of the executive, legislative, or judicial branch of the
United States shall be subject to any such sanctions.
‘‘(F) The waiver of sovereign immunity pro-
vided in this paragraph shall not apply to the extent
a State law would apply any standard or require-
ment to such Federal department, agency, or instru-
mentality in a manner which is more stringent than
such standard or requirement would be applied to
any other person.
‘‘(G) Nothing in this section shall be construed
to affect the liability of any person or entity other
than a department, agency, or instrumentality of the
United States under sections 106 and 107 of this
Act.
‘‘(H)(i) The Administrator may issue an order
under section 106 of this Act to any department,
agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the United States. The
Administrator shall initiate an administrative en-
forcement action against such a department, agency,
or instrumentality in the same manner and under
the same circumstances as action would be initiated
against any other person.
‘‘(ii) No administrative order issued to such de-
partment, agency, or instrumentality shall become
final until such department, agency, or instrumental-
ity has had the opportunity to confer with the Ad-
ministrator.
‘‘(iii) Unless a State law in effect on the date
of enactment of the Federal Facility Superfund
Compliance Act of 1997, or a State Constitution, re-
quires the funds to be used in a different manner,
all funds collected by a State from the Federal Gov-
ernment from penalties and fines imposed for viola-
tion of any substantive or procedural requirement
referred to in subsection (a) of this section shall be
used by the State only for projects designed to im-
prove or protect the environment or to defray the
costs of environmental protection or enforcement.
‘‘(I) Each such department, agency, and instru-
mentality shall have the right to contribution protec-
tion set forth in section 113, when such department,
agency, or instrumentality resolves its liability under
this Act.’’.
(3) By striking paragraph (4) of subsection (a).
(4) By inserting ‘‘(other than the indemnifica-
tion requirements of section 119)’’ after ‘‘respon-
sibility’’ in subsection (a)(3).
(5) By adding at the end of subsection (e) the
following new paragraph:
‘‘(7) STATE REQUIREMENTS.—Notwithstanding
any other provision of this Act, an interagency
agreement under this section shall in no way impair
or diminish the authority of any State to enforce
compliance with requirements of State law, unless
such requirements have been specifically—
‘‘(A) addressed; or
‘‘(B) waived;
without objection from the State before or on the
date on which the response action is selected.’’.
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