[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[October 6, 1992]
[Pages 1760-1761]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing Legislation Waiving Federal Immunity Relating to 
Solid and Hazardous Waste
October 6, 1992

    I am signing into law H.R. 2194, which waives Federal sovereign 
immunity for violation of Federal, State, and local laws and regulations 
related to solid and hazardous waste.
    Four years ago I promised the American people that I would make the 
Federal Government live up to the same environmental standards that 
apply to private citizens. By signing this bill, we take another step 
toward fulfillment of that promise.
    My Administration has made a concerted effort to ensure that Federal 
facilities have the resources to meet the requirements of our Nation's 
environmental laws. Since 1989, we have tripled funding for the cleanup 
of wastes at Federal facilities and for bringing them into compliance 
with applicable environmental laws. Our FY 1993 budget proposed $9.5 
billion for environmental cleanup and compliance at Federal facilities. 
The $5.5 billion request for Department of Energy environmental 
restoration and waste management activities represented an increase of 
$1.1 billion. This was approximately 26 percent above enacted FY 1992 
levels. I am pleased that the Congress has agreed to fund these 
requests.
    The objective of the bill is to bring all

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Federal facilities into compliance with applicable Federal and State 
hazardous waste laws, to waive Federal sovereign immunity under those 
laws, and to allow the imposition of fines and penalties. During the 
development of H.R. 2194, my Administration supported this objective, 
but insisted that the legislation recognize unique situations presented 
by activities of the Department of Defense and the Department of Energy. 
I commend the Congress for the effort made to address these situations.
    This Administration will strive to comply fully with the 
legislation. I want to emphasize, however, that several provisions of 
H.R. 2194 will require special effort and the cooperation of regulators 
and other interested parties to ensure that national compliance goals 
are met. My Administration views this legislation as a unique 
opportunity for a positive and constructive relationship between the 
various parties to ensure that enforcement actions and the assessment of 
fines and penalties will be exercised within a fair framework.
    I look forward to a cooperative effort under this legislation to 
accomplish our national compliance goals and promote the implementation 
of efficient, cost-effective waste management programs.
    In signing this bill, I wish to clarify the question of the source 
of payment of fines and penalties. H.R. 2194 is silent on this matter. 
House Report 102-111 suggests that Federal agency appropriations would 
be the source when the agency concedes liability or agrees to pay after 
an administrative hearing. However, the Judgment Fund would be the 
source if the agency disputed the matter and sent it to the Attorney 
General for defense. The Judgment Fund provides for the payment of 
judgments, awards, and settlements that are not otherwise provided.
    This approach would put incentives in the wrong place and muddy the 
lines of responsibility within the Federal Government. It would take 
away the coercive effect penalties might have on the agencies and turn 
the waiver of sovereign immunity into a revenue sharing program. 
Accordingly, fines or penalties imposed as a result of this legislation 
will be paid from agency appropriations, unless otherwise required by 
law.
    Finally, section 102(a)(3) of the bill amends the Solid Waste 
Disposal Act to subject the Federal Government to ``all civil and 
administrative penalties and fines'' imposed with respect to solid waste 
or hazardous waste, including penalties and fines ``imposed for 
isolated, intermittent, or continuing violations.'' The conference 
report on H.R. 2194 indicates that under the latter provision, the 
Federal Government may be penalized ``notwithstanding the holding of the 
Supreme Court in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay 
Foundation, Inc., 484 U.S. 49 (1987).'' The Supreme Court's decision in 
Gwaltney rested in part on constitutional principles of standing and 
mootness. See 484 U.S. at 65-67; id. at 70-71 (Scalia, J., concurring in 
part and concurring in the judgment). I must note that no statute, and 
certainly no conference report, can overcome these principles.

                                                             George Bush

The White House,
October 6, 1992.

                    Note: H.R. 2194, approved October 6, was assigned 
                        Public Law No. 102-386.