Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, NOVEMBER 29, 1995 No. 189 House of Representatives

The House met at 10 a.m. and was PALLONE] come forward and lead the story of a prolonged growth in our called to order by the Speaker pro tem- House in the Pledge of Allegiance. economy versus a spurt that might not pore [Mr. ALLARD]. Mr. PALLONE led the Pledge of Alle- last. This is important to get this econ- f giance as follows: omy going. I pledge allegiance to the Flag of the We will keep that commitment to DESIGNATION OF THE SPEAKER United States of America, and to the Repub- balance the budget, Mr. Speaker. We PRO TEMPORE lic for which it stands, one nation under God, will keep that commitment. The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. f fore the House the following commu- f PROTECT THE ENVIRONMENT nication from the Speaker: MESSAGE FROM THE PRESIDENT WASHINGTON, DC, (Mr. PALLONE asked and was given November 29, 1995. A message in writing from the Presi- permission to address the House for 1 I hereby designate the Honorable WAYNE dent of the United States was commu- minute and to revise and extend his re- ALLARD to act as Speaker pro tempore on nicated to the House by Mr. Edwin marks.) this day. Thomas, one of his secretaries. Mr. PALLONE. Mr. Speaker, right NEWT GINGRICH, f now the budget negotiations have Speaker of the House of Representatives. begun, and I was very pleased to see f WHAT DOES A BALANCED BUDGET MEAN TO THE AVERAGE CITIZEN? that President Clinton over the last PRAYER few weeks specifically identified the (Mr. HORN asked and was given per- environment and protection of the en- The Chaplain, Rev. James David mission to address the House for 1 vironment as one of the key issues or Ford, D.D., offered the following pray- minute and to revise and extend his re- one of the key priorities that must be er: marks.) maintained and strengthened during Gracious God, from whom we have Mr. HORN. Mr. Speaker, during the these budget negotiations. come and to whom we shall return, we next 2 weeks we will make the most se- Today, Mr. Speaker, we have an op- pray for fortitude in our personal lives rious attempt at balancing the budget portunity to vote on the appropriations that our actions will blend with our that we have had in the last three dec- conference report that contains the words and our words will harmonize ades. An average citizen probably says, budget for the EPA. Unfortunately, in- with our prayers. May we express in ‘‘What is in it for me? So what if you consistent with the President’s prior- our lives an authenticity of spirit that balance the budget? I am doing OK in ities and concern for the environment, resists the pressures that come from a many ways.’’ Here is what is in it. It is this Republican leadership measure complicated world and conflicting loy- not just balancing the budget, it is would actually reduce funding for the alties. Remind us each day, O God, to doing fair and compassionate spending EPA, the Environmental Protection follow the road that leads to justice for levels to meet the basic needs of this Agency, by 21 percent over last year. every person and to hear anew Your country as we have in saving Medicare. And specifically for enforcement, the words of reconciliation and peace. What is in it for the average citizen amount of money that is appropriated Amen. was well said by Mr. Greenspan, Chair- is even less; and for the Superfund Pro- f man of the Federal Reserve Board, in gram, very important to my State and testimony before a committee of the THE JOURNAL many parts of the country, the funding Senate yesterday. What he said several is reduced by 19 percent. The SPEAKER pro tempore. The months ago was in essence; if we can The President has already said that Chair has examined the Journal of the balance the budget, interest rates in he intends to veto the EPA appropria- last day’s proceedings and announces America will be reduced 2 percent for tions bill, and well he should. to the House his approval thereof. the average mortgage on a house, for f Pursuant to clause 1, rule I, the Jour- the average consumer loan, for the av- nal stands approved. erage automobile loan. THE REPUBLICANS WILL BALANCE f To summarize, here is what he said THE BUDGET yesterday on the subject. It is some- (Mr. LEWIS of Kentucky asked and PLEDGE OF ALLEGIANCE thing we should realize, that if we con- was given permission to address the The SPEAKER pro tempore. Will the tinue this commitment that we have to House for 1 minute and to revise and gentleman from New Jersey [Mr. balance the budget, we will have the extend his remarks.)

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 13733 H 13734 CONGRESSIONAL RECORD — HOUSE November 29, 1995 Mr. LEWIS of Kentucky. Mr. Speak- for 1 minute and to revise and extend Mr. BALLENGER. Mr. Speaker, last er, the last 11 months here in the House his remarks.) week the Republican leadership here in have been an object lesson on keeping Mr. HAYWORTH. Mr. Speaker, I have Congress sent a letter to the President promises. At least on this side of the a great deal of personal affection for asking for specifics on exactly how the aisle. Last year, Republicans promised the gentleman who preceded me here in Clinton administration would balance the American people that if we were the well, but the simple fact is when the budget in 7 years as they agreed to given a majority here in the House, we you talk about genuine cuts, about the do on November 19. would put all our energies into bal- only real cut we have seen is my good This is what the administration sent ancing the budget—something that friend, the gentleman from Illinois, back—a set of talking points. No spe- Democrats failed to do even though shaving off his trademark mustache. cifics, no numbers. they had the Presidency, and control of The fact is, for all the venom and vit- In his talking points, the President Congress. riol about incredible cuts and draco- had the unmitigated gall to ask that Republicans made a commitment in nian measures taking place, that sim- Congress provide a legislative plan. the Contract With America and we ply is not the case. Rather, we are Well excuse me, but it seems we have kept that commitment. We passed a slowing the rate of growth of Govern- already passed the Balanced Budget balanced budget. Even our opposition ment. To my friend who says, Mr. Act of 1995. In that we spell out exactly and liberal news media know that we Speaker, that we are affecting seniors how we will balance the budget in 7 are doing the right thing for America’s and students and families, I say he is years, including numbers, amounts, economy and America’s children. right; we are affecting them in a posi- and specifics. Mr. Speaker, over 3 years ago, Bill tive way. We are making sure that the Mr. Speaker, it is understandable Clinton said he would present a bal- American people hang onto more of that the Clinton administration would anced budget. He never did. The Amer- ican people deserve more than self-pro- their hard-earned money. Indeed the have a problem with specifics. It al- moting politicians who promise, but tax cut, the $500 per child tax credit, ready had huge problem keeping prom- never deliver. And that is why they goes to help 80 percent of families in ises. The President totally lacks any voted for a Republican majority. We this country. plan to balance the budget with honest are doing what we said we would do, Certainly there is a problem with numbers. Without a plan, really, all and we will balance the budget. facts and rhetoric. The fact is we are they can do is provide talking points, f helping working Americans by this and, of course, more hot air. very simple premise: They work hard f REPUBLICANS ARE SINGING THE for the money they earn, they ought to INTRODUCTION OF THE HEALTH SAME OLD SONGS ON THE BUDGET keep more of it and send less of it to EQUITY ACT (Mr. GUTTIEREZ asked and was the Federal Government here in Wash- ´ given permission to address the House ington, DC. (Ms. VELAZQUEZ asked and was for 1 minute and to revise and extend f given permission to address the House his remarks.) for 1 minute and to revise and extend Mr. GUTIERREZ. Mr. Speaker, we THE CONSTITUTION CALLS FOR her remarks.) keep hearing the same old songs in this THE SEPARATION OF CHURCH Ms. VELA´ ZQUEZ. Mr. Speaker, House. FROM STATE, BUT NOT OF GOD today I will introduce the Health Eq- It wasn’t long ago that many of my FROM THE AMERICAN PEOPLE uity Act legislation that will address Republican colleagues were singing the (Mr. TRAFICANT asked and was the problem of environmental discrimi- gospel of Voodoo Economics—that tax given permission to address the House nation. cuts for the rich and more money for for 1 minute and to revise and extend Mr. Speaker, there is a growing rec- defense that would magically add up to his remarks.) ognition that people in poor and work- lower deficits. Mr. TRAFICANT. Mr. Speaker, ing class communities, and particu- The result? Brittney Settle, a Tennessee ninth larly people of color, are forced to live A budget deficit that more than grader, wrote a paper about Jesus and work in areas contaminated by op- quadrupled during the 12 years Ronald Christ. The teacher flunked her. The portunistic polluters that target these Reagan and George Bush ran our Na- teacher said Jesus Christ is not an ap- communities. Whether it is in the form tion. propriate topic for a public school. of incinerators, industrial production But now, many of my colleagues who Appropriate? Other students are al- facilities, pesticides, or radiation—ex- stood in this Chamber and voted for 12 lowed to write about devil worship, re- posure to such contamination rep- years to burden working Americans incarnation, the whole gamut; witch- resents a death sentence for black and with 300 billion dollars’ worth of defi- craft. The Supreme Court, by the way, Latino Americans throughout this cits and now singing loudly in the says Jesus Christ is not an appropriate country. choir of fiscal responsibility again. topic. They sided with the school. My legislation, which applies title VI They have a plan for getting our defi- Mr. Speaker, is there any wonder our of the 1964 Civil Rights Act to the Fed- cit under control. schools are so screwed up when the eral environmental regulatory process, But it is the same old song, with a only time you can hear God’s name is will allow minority communities to new twist. Tax cuts for the wealthy, more when it is taken in vain? Wake up, halt potentially dangerous action, be- money for defense and devastating cuts Congress. The Constitution may sepa- fore harm comes to them. Our society in education, Medicare, and the pro- rate church and State, but the Con- has slowly taken steps to end the bur- grams that most American rely on stitution never intended to separate den of discrimination in areas ranging every day. God and the American people. In God from employment to housing. This will I think it is time to change our tune we trust. It would not be all over our give communities of color a chance to to supporting a responsible budget that buildings and all over our currency. fight against this form of discrimina- puts our children, our students, our Something is wrong in our public tion. families, and our seniors first. schools when the only time you can I would encourage my colleagues to My Republican friends might not hear God’s name legally is when it is cosponsor this legislation and help end know the words, but that would be a taken in vain. Let us take a look at one of the most neglected forms of dis- song that more working Americans some issues here, Congress. crimination in America. could sing along to. f f f THE PRESIDENT NEEDS A PLAN BALANCING THE FEDERAL AMERICANS WORK HARD FOR TO BALANCE THE BUDGET BUDGET AND HOPE THEIR MONEY AND OUGHT TO (Mr. BALLENGER asked and was (Mrs. KELLY asked and was given BE ABLE TO KEEP MORE OF IT given permission to address the House permission to address the House for 1 (Mr. HAYWORTH asked and was for 1 minute and to revise and extend minute and to revise and extend her re- given permission to address the House his remarks.) marks.) November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13735 Mrs. KELLY. Mr. Speaker, this Con- Mr. KNOLLENBERG. Mr. Speaker, in low-income Americans by increasing gress is dedicated to restoring tradi- a cynical ploy to distort reality for po- their taxes. tional values in our society. Common litical gain, the minority party contin- I hope we will give serious consider- sense tells us this means living within ues to decry the so-called student loan ation to a bipartisan effort to balance our means. This means a balanced Fed- cuts in our budget. It is time to start the budget. The time has come to get eral budget. telling the American people the truth. our fiscal house in order while main- These past few weeks we’ve finally My Republican colleagues understand taining the values and priorities most reached one of the ultimate questions the importance of helping low-income important to the American people. separating conservatives and liberals: students pay for college. That is why f Do we want to continue sacrificing our we protect student aid in our budget. childrens’ chances at achieving the Contrary to the battle cry of the mi- UNITED STATES BOSNIA POLICY American Dream? Or do we want to do nority, there are no student loan cuts (Mr. BARRETT of Nebraska asked the principled thing and balance our in the Balanced Budget Act of 1995. In and was given permission to address Federal budget? fact, total student loan volume will the House for 1 minute.) The President doesn’t think our chil- grow from $24 billion this year to $36 Mr. BARRETT of Nebraska. Mr. dren deserve a chance at this oppor- billion in 2002. And more loans will be Speaker, the House will soon debate a tunity. My colleagues and I believe available next year than ever before. resolution of support for the Presi- that this is wrong. We are willing to do Student loans are preserved. No student’s decision to deploy up to 20,000 whatever it takes to give them their dent will be cut off. And no student United States troops into Bosnia. chance. will be required to pay more for his or The President has placed himself and To hear my Democrat colleagues her loan. Congress into a lead box. If we decide talk, one would suspect that they op- Mr. Speaker, it doesn’t take a Har- to support the President, we’ll be suppose job creation, lower interest rates, vard professor to figure out what’s porting a costly policy that won’t be and a brighter future for all. going on. Democrats are trying to re- finished in a year—Bosnia, after all, To hear them talk, a balanced Fed- gain power by scaring the American isn’t another Haiti. If Congress rejects eral budget is little more than a myth, people with imaginary spending cuts. the President’s decision, our European a mirage, a Xanadu. This is downright dishonest. allies, and others around the world, To hear them talk, saving money for f will come to doubt the United States future generations is a bad thing, but b 1015 resolve and commitment. The next we can do it. time there is a Persian Gulf crisis, they Mr. Speaker, this is a nationwide PRIORITIES FOR A BALANCED may not answer our call for coopera- drama with the President and Demo- BUDGET tion. crats using our children as the stakes. And so, no matter where we turn, we This is wrong. I believe our Nation de- (Mr. GENE GREEN of Texas asked and was given permission to address find our lead box sinking deeper and serves better. America is about hope deeper into the Bosnian bog. This de- and the potential for prosperity, and the House for 1 minute and to revise and extend his remarks.) bate won’t provide the right answers, America’s leadership should lead us in nor will it provide an acceptable alter- this direction. Let us balance the budg- Mr. GENE GREEN of Texas. Mr. Speaker, I was not planning to follow native, since the decision has already et and help restore this hope. been made. f the other speaker, and I appreciate the changes that my Republican colleagues But, I must strongly object to the AMERICANS WANT STRONG have made in the education funding, President’s decision. I encourage my ENVIRONMENTAL PROTECTION because they have come a long way. He colleagues to join me in opposing that (Mr. OLVER asked and was given is right. There have been some funding decision. permission to address the House for 1 cuts restored, but the House Repub- f minute and to revise and extend his re- licans do not deserve the credit. The TRICKLE-DOWN ECONOMICS HAS marks.) Senate Democrats and Republicans de- FAILED Mr. OLVER. Mr. Speaker, the public serve the credit for insisting that is finally becoming aware of what the House Republicans not decimate edu- (Mr. WILLIAMS asked and was given antienvironmental extremists in this cation funding. permission to address the House for 1 Congress are doing. Under the Repub- We have an opportunity over the minute and to revise and extend his re- lican leadership, clean water, clean air, next few weeks to work bipartisanly on marks.) and public health are being sold to the a balanced budget bill. We have a re- Mr. WILLIAMS. Mr. Speaker, I find highest campaign contributor. While sponsibility to make sure the values wearisome this continual Republican we are struggling to cut the budget, and the priorities of the American peo- litany that claims only Republicans Republicans want to subsidize logging ple are maintained and that we balance want to balance the budget and some- in the Nation’s last rain forest. They the budget while protecting education, how Democrats are opposed to it. want to continue the 1872 mining law and Medicare, the environment, and I have served here 17 years. In my that gives away millions to private veterans. early years here Ronald Reagan was companies, and to allow oil drilling on Our priorities should be, No. 1, to President, and by count, no President, Alaska’s true wilderness.’ protect Medicare and Medicaid. We with the exception of Franklin Roo- The American people want strong en- must maintain the high quality of sevelt, ever got more of his economic vironmental protection. Instead, the health care we currently enjoy. No. 2, policy agreed to by the Congress than Republicans are jeopardizing the rivers protect students and children. We must did Ronald Reagan. Mr. Speaker, you we fish, the beaches we swim in, and maintain current levels of education remember it. It was called trickle- the very air we breathe for the benefit funding so that students, including down economics. What happened to the of special interests. There truly is a those from Aldine High School in my deficit? It tripled. It tripled under contract with the American environ- congressional district who are here Reaganomics. ment. That contract is becoming a bill today from the Close-up program get Under President Clinton, the deficit of sale. the education they need to succeed in has come down every year of his Presi- f the 21st century. It is our obligation to dency, and this is the first time that make sure that those students have the has happened since Harry Truman was DEMOCRATS, START TELLING THE opportunity to obtain a student loan or President. If the Republican balanced TRUTH Pell grants. They are the future of our budget attempt passed and was put (Mr. KNOLLENBERG asked and was country and have a responsibility to into effect, it would not decrease the given permission to address the House make sure they are prepared. Finally, deficit in its first 3 years of operation for 1 minute and to revise and extend we need to protect tax fairness in the as much as Clinton’s economics has re- his remarks.) tax system. We do not need to punish duced the deficit in the last 3 years. H 13736 CONGRESSIONAL RECORD — HOUSE November 29, 1995 LINE IN THE SAND ON SPENDING nothing to be achieved for America, pages of general talking points this (Mr. LINDER asked and was given but much to be lost. We will lose lives summer, 10 of which were charts and permission to address the House for 1 and a year later if we leave—which is graphs. And last week, his Chief of minute and to revise and extend his re- questionable—full scale ethnic war will Staff, Leon Panetta, sent us a 2-page marks.) resume as during the previous 600 list of general principles that con- Mr. LINDER. Mr. Speaker, the magic years. Thus nothing will be accom- tained no numbers or specifics whatso- number is $730 billion. In this morn- plished but a year-long experiment of ever. The American people have heard ing’s congressional article, it said $730 the President to gain macho creden- enough talk about general goals—they billion is what the President wants to tials and leadership demonstration. want action now. They want the Presi- spend in excess of what the Congress Bosnia is the latest in Bill Clinton’s dent to put his plan on paper. Mr. Speaker, it is time to do what is has passed. We both want balanced foreign misadventures. There was So- right for our children’s future. Let us budgets, but they want to use different malia and there was Haiti. And what sit down, work together, no more rhet- numbers to get there. was gained in those places. In Haiti under the not-so-democratic Aristide, oric—no more excuses. Both the Repub- We are preparing to spend $2.6 tril- lican majority and the President have lion more in the next 7 years than we the so-called peace is unraveling. And America cannot afford in dollars promised to balance the budget. Let us spent in the last 7 years, a total of $12.1 keep our promise and let us do it now. trillion. It seems to me that we can or lives, what NATO and the Europeans f fight on priorities within that number, have been unwilling to do. It is Eu- but we should put the line in the sand: rope’s turn to look out for its back- REPUBLICAN PLAN OFFERS TAX $12.1 trillion and no more. yard. RELIEF TO AMERICAN FAMILIES If the assumptions that the President With the onset of winter in the mountains of Bosnia and Herzegovina (Mr. LARGENT asked and was given wants to use are correct and we do permission to address the House for 1 wind up with $730 billion more in reve- and over a million land mines in place, we do not need American lives sac- minute and to revise and extend his re- nues or less in spending, we can apply marks.) rificed before Christmas for some arti- that to our children’s debt. However, Mr. LARGENT. Mr. Speaker, I appear ficial creation called Bosnia. In the we should draw the line in the sand: here today as a Member of Congress, $12.1 trillion and not a dollar more. Congress, let us assert our authority but more importantly, I speak as the and not fund the latest unwise, tragic f father of four children. I know first- foreign misadventure of an aspiring hand what it costs to raise a family in BREAK THE TIES WITH SPECIAL leader named Bill Clinton. No money middle America and I am glad that the INTERESTS to send United States ground troops to Balanced Budget Act includes tax re- Bosnia, period. (Ms. DELAURO asked and was given lief for families. permission to address the House for 1 f Tax relief for families should not be minute and to revise and extend her re- SAY NO TO GOP DOPE looked at as a cost to Government. In- marks.) stead, we should consider it as a way to (Ms. MCKINNEY asked and was given keep money in the hands of those to Ms. DELAURO. Mr. Speaker, 11 permission to address the House for 1 months ago, a new Republican major- whom it belongs in the first place: minute and to revise and extend her re- America’s working families. ity promised to drive special interest marks.) lobbyists from the halls of Congress. Cutting taxes is also fiscally respon- Ms. MCKINNEY. Mr. Speaker, both sible. America’s families deserve tax What they did not tell us was that the Democrats and Republicans agree that lobbyists would be out of the halls and relief and Federal spending should be the American worker is in need of re- reined in and controlled. Reducing the into their offices. lief. Stagnating wages, longer hours, In fact, instead of ending the cozy re- growth of Federal spending is the way corporate downsizing, and NAFTA have to get to balance, not by taking more lationship between the corporate spe- all taken their toll on what was once cial interests and lawmakers, Speaker money from families. the world’s highest living standard. The bipartisan agreement to balance GINGRICH has elevated it to an art By contrast, the stock market is form. An article in Monday’s Washing- the budget in 7 years using honest breaking new records, corporate profits numbers is a step in the right direc- ton Post revealed how the Republican are going through the roof, and cor- leadership has boasted of twisting arms tion. The Government’s constant defi- porate executives are making 30 times cit spending must be stopped. I also to raise campaign contributions and re- more than their lowest paid employees. writing legislation for the highest bid- strongly support tax relief which al- Yet the Republican solution to these lows American families to keep more der. inequities is to cut taxes for wealthy The Republican Campaign Commit- of their own money. corporations, reduce worker safety, Our Democrat friends claim that tee even keeps this book on what they and increase funding for star wars and they want to balance the budget too. call friendly and unfriendly PAC’s. The B–2 bombers. They say that deficit reduction is their unfriendly PAC’s are those that con- This trickle-down strategy, Mr. goal and we agree. tribute to Democrats. Simply put, Speaker, is the crack cocaine of bad Let us work together to reach a bal- those groups are told to give more to economic policy. I urge my colleagues anced budget with tax cuts and no new Republicans or else. to just say no to GOP dope. spending. It is time to break the ties with spe- f f cial interests. This is the people’s House. Let us return it to the people AMERICANS NEED BUDGET PLAN PRESIDENT SHOULD SIGN today by passing a clean lobby reform FROM THE PRESIDENT DEFENSE APPROPRIATION BILL bill. (Mr. GUTKNECHT asked and was (Mr. MONTGOMERY asked and was f given permission to address the House given permission to address the House for 1 minute and to revise and extend for 1 minute and to revise and extend NO GROUND TROOPS IN BOSNIA his remarks.) his remarks.) (Mr. FUNDERBURK asked and was Mr. GUTKNECHT. Mr. Speaker, it Mr. MONTGOMERY. Mr. Speaker, I given permission to address the House has been over a week since President have learned that the President of the for 1 minute and to revise and extend Clinton committed in writing to an United States has taken the defense his remarks.) honest balanced budget in 7 years. The appropriations bill to Europe with him Mr. FUNDERBURK. Mr. Speaker, our Republican majority has a specific and he will decide whether he will sign side needs a leader or leaders with the plan—we have passed it in both the the bill or not sign the bill. I certainly courage to say clearly that we should House and the Senate—now where is hope he will sign it. If he does not sign not send ground troops into Bosnia. It the President’s plan. it, I hope he will not veto the defense is not in America’s vital national secu- But, the President has not submitted appropriation bill. I think it is a rea- rity interests. And there is absolutely a specific plan. Sure, he sent us 22 sonable approach. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13737 We have military forces all around ders of the former Yugoslavia, our mament Agency with the Nuclear Pro- the world today. We need as much country’s economic and military secu- liferation Assessment Statement con- money as possible to keep these forces rity would be critically threatened. cerning the agreement. The joint in the different places. The President is Americans know that our own secu- memorandum submitted to me by the talking now about Bosnia. So certainly rity requires a secure peace in Europe. Secretary of State and the Secretary of I hope the President of the United When necessary, they support deploy- Energy, which includes a summary of States would sign this legislation and ment of our troops as peacekeepers— the provisions of the agreement and the money needed to take care of our but not as targets. They want more in- other attachments, including the views troops. formation about the military plan, of the Nuclear Regulatory Commission, About the only thing that we need in troop security, the mission’s goals, and is also enclosed. this country, to be sure, is that we the plan for withdrawal. So do I. The proposed new agreement with have a strong military defense. If we f EURATOM has been negotiated in accordance with the Atomic Energy Act have a good defense, we can just about b do everything in this great country. 1030 of 1954, as amended by the Nuclear f PERMISSION FOR SUNDRY COM- Non-Proliferation Act of 1978 (NNPA) MITTEES AND THEIR SUB- and as otherwise amended. It replaces BALANCED BUDGET WILL COMMITTEES TO SIT TODAY two existing agreements for peaceful RECHARGE OUR ECONOMY DURING THE 5-MINUTE RULE nuclear cooperation with EURATOM, including the 1960 agreement that has (Mr. SMITH of Texas asked and was Mr. LARGENT. Mr. Speaker, I ask served as our primary legal framework given permission to address the House unanimous consent that the following for cooperation in recent years and for 1 minute and to revise and extend committees and their subcommittees that will expire by its terms on Decem- his remarks.) be permitted to sit today while the ber 31 of this year. The proposed new Mr. SMITH of Texas. Mr. Speaker, House is meeting in the Committee of agreement will provide an updated, our Nation needs a balanced budget, the Whole House under the 5-minute comprehensive framework for peaceful not because it’s a good accounting de- rule: nuclear cooperation between the Unit- vice, but because it will help every Committee on Commerce; Committee ed States and EURATOM, will facili- American. on Government Reform and Oversight; A balanced budget will recharge the tate such cooperation, and will estab- Committee on Resources; and Perma- economy. It will cause interest rates to lish strengthened nonproliferation con- nent Select Committee on Intelligence. drop. And reduced interests rates mean ditions and controls including all those It is my understanding that the mi- lower mortgage payments, lower car required by the NNPA. The new agree- nority has been consulted and that payments, lower student loan payment provides for the transfer of non- there is no objection to these requests. ments. nuclear material, nuclear material, The SPEAKER pro tempore (Mr. AL- As part of the Republican plan to bal- and equipment for both nuclear re- LARD). Is there objection to the request ance the budget in 7 years, there are search and nuclear power purposes. It of the gentleman from Oklahoma? income tax cuts for families. And there does not provide for transfers under the There was no objection. is a capital gains tax cut for job agreement of any sensitive nuclear growth. This will generate more invest- f technology (SNT). ments, more business expansion, and PROPOSED AGREEMENT FOR CO- The proposed agreement has an ini- more jobs. OPERATION IN PEACEFUL USES tial term of 30 years, and will continue Before he was elected, President OF NUCLEAR ENERGY BETWEEN in force indefinitely thereafter in in- Clinton said he could balance the budg- UNITED STATES AND EUROPEAN crements of 5 years each until termi- et in 5 years. After the election he said ATOMIC ENERGY COMMUNITY— nated in accordance with its provi- it wasn’t necessary. Now he says that MESSAGE FROM THE PRESIDENT sions. In the event of termination, key he wants to balance the budget in 7 OF THE UNITED STATES (H. DOC. nonproliferation conditions and con- years but he still has not presented a NO. 104–138) trols, including guarantees of safeguards, peaceful use and adequate plan. The SPEAKER pro tempore laid be- physical protection, and the U.S. right The Republicans do have a plan. fore the House the following message to approve retransfers to third parties, Let’s balance the budget, cut taxes, from the President of the United will remain effective with respect to and create jobs now. States; which was read and, together transferred nonnuclear material, nu- f with the accompanying papers, without clear material, and equipment, as well objection, referred to the Committee AMERICANS WANT MORE INFOR- as nuclear material produced through on International Relations and ordered MATION ON BOSNIAN TROOP DE- their use. Procedures are also estab- to be printed: PLOYMENT lished for determining the survival of (Mr. BISHOP asked and was given To the Congress of the United States: additional controls. permission to address the House for 1 I am pleased to transmit to the Con- The member states of EURATOM and minute and to revise and extend his re- gress, pursuant to sections 123 b. and the European Union itself have impec- marks.) 123 d. of the Atomic Energy Act of 1954, cable nuclear nonproliferation creden- Mr. BISHOP. Mr. Speaker, I have as amended (42 U.S.C. 2153(b), (d)), the tials. All EURATOM member states are profound reservations about the par- text of a proposed Agreement for Co- party to the Treaty on the Non-Pro- ticipation of Untied States forces in a operation in the Peaceful Uses of Nu- liferation of Nuclear Weapons (NPT). Bosnian peacekeeping mission. So do clear Energy Between the United EURATOM and all its nonnuclear the people I represent. Of the many States of America and the European weapon state member states have an calls I have received on this matter Atomic Energy Community agreement with the International over the past several days, not one has (EURATOM) with accompanying Atomic Energy Agency (IAEA) for the favored U.S. involvement. agreed minute, annexes, and other at- application of full-scope IAEA safe- At the same time, I also recognize tachments. (The confidential list of guards within the respective territories the dangers that are inherent in a pol- EURATOM storage facilities covered of the nonnuclear weapon states. The icy of noninvolvement. by the Agreement is being transmitted two EURATOM nuclear weapon states, If the United States abandons directly to the Senate Foreign Rela- France and the United Kingdom, like NATO’s peace efforts in Bosnia, we tions Committee and the House Inter- the United States, have voluntary safe- could weaken and even destroy an alli- national Relations Committee.) I am guards agreements with the IAEA. In ance that has helped deter multi- also pleased to transmit my written addition, EURATOM itself applies its national conflicts for half a century. approval, authorization and determina- own stringent safeguards at all peace- The current peace initiative would tion concerning the agreement, and the ful facilities within the territories of surely collapse. And if this ghastly memorandum of the Director of the all member states. The United States slaughter ever spreads beyond the bor- United States Arms Control and Disar- and EURATOM are of one mind in their H 13738 CONGRESSIONAL RECORD — HOUSE November 29, 1995 unswerving commitment to achieving to achieving our nonproliferation, on the State of the Union for the fur- global nuclear nonproliferation goals. I trade and other significant foreign pol- ther consideration of the bill (H.R. call the attention of the Congress to icy goals. 2564) to provide for the disclosure of the joint U.S.-EURATOM ‘‘Declaration In particular, I am convinced that lobbying activities to influence the on Non-Proliferation Policy’’ appended this agreement will strengthen the Federal Government, and for other pur- to the text of the agreement I am international nuclear nonproliferation poses, with Mr. KOLBE in the chair. transmitting herewith. regime, support of which is a fun- The Clerk read the title of the bill. The proposed new agreement pro- damental objective of U.S. national se- The CHAIRMAN. When the Commit- vides for very stringent controls over curity and foreign policy, by setting a tee of the Whole rose on Tuesday, No- certain fuel cycle activities, including high standard for rigorous non- vember 28, 1995, the amendment offered enrichment, reprocessing, and alter- proliferation conditions and controls. by the gentleman from Illinois [Mr. ation in form or content and storage of It will substantially upgrade U.S. WELLER] had been disposed of and the plutonium and other sensitive nuclear controls over nuclear items subject to bill was open for amendment at any materials. The United States and the current U.S.-EURATOM agreement point. EURATOM have accepted these con- as well as over future cooperation. Are there further amendments to the trols on a reciprocal basis, not as a I believe that the new agreement will bill? sign of either Party’s distrust of the also demonstrate the U.S. intention to Mr. TRAFICANT. Mr. Chairman, I other, and not for the purpose of inter- be a reliable nuclear trading partner, move to strike the last word. fering with each other’s fuel cycle and thus help ensure continuation and, (Mr. TRAFICANT asked and was I hope, growth of U.S. civil nuclear ex- choices, which are for each Party to de- given permission to revise and extend ports to EURATOM member states. his remarks.) termine for itself, but rather as a re- I have considered the views and rec- Mr. TRAFICANT. Mr. Chairman, I flection of their common conviction ommendations of the interested agen- think the votes yesterday on this bill that the provisions in question rep- cies in reviewing the proposed agree- resent an important norm for peaceful ment and have determined that its per- are very explicit. The committee has nuclear commerce. formance will promote, and will not the steam and the power to turn back In view of the strong commitment of constitute an unreasonable risk to, the amendments. EURATOM and its member states to common defense and security. Accord- Lobby disclosure, the field that I the international nonproliferation re- ingly, I have approved the agreement have been interested in for 5 years, our gime, the comprehensive nonprolifera- and authorized its execution and urge foreign interests, individuals from our tion commitments they have made, the that the Congress give it favorable con- Government and individuals who rep- advanced technological character of sideration. resent the interests of foreign entities, the EURATOM civil nuclear program, Because this agreement meets all ap- the law has been so vague and so weak the long history of extensive trans- plicable requirements of the Atomic that two out of every three agents rep- atlantic cooperation in the peaceful Energy Act of 1954, as amended, for resenting foreign interests do not even uses of nuclear energy without any agreements for peaceful nuclear co- bother to register. risk of proliferation, and the fact that operation, I am transmitting it to the Now, this bill addresses that to some all member states are close allies or Congress without exempting it from degree, but there are still fines and close friends of the United States, the any requirement contained in section penalties that are so huge it is like proposed new agreement provides to 123 a. of that Act. This transmission shooting a flea with a bazooka. As a re- EURATOM (and on a reciprocal basis, shall constitute a submittal for pur- sult, the Department of Justice does to the United States) advance, long- poses of both sections 123 b. and 123 d. not enforce it. We have many foreign term approval for specified enrich- of the Atomic Energy Act. The Admin- interests lobbying the Congress of the ment, retransfers, reprocessing, alter- istration is prepared to begin imme- United States. That basically goes un- ation in form or content, and storage diately the consultations with the Sen- checked, and when you try and change of specified nuclear material, and for ate Foreign Relations and House Inter- it, there is always a good reason why it retransfers of nonnuclear material and national Relations Committees as pro- should not be now. equipment. The approval for reprocess- vided in section 123 b. Upon completion I am not impugning the work of the ing and alteration in form or content of the 30-day continuous session period fine chairman here, nor his intentions, may be suspended if either activity provided for in section 123 b., the 60- but I would like to say this. Here is, in ceases to meet the criteria set out in day continuous session period provided essence, what we are doing here in the U.S. law, including criteria relating to for in section 123 d. shall commence. Congress. To make a bill as good as it safeguards and physical protection. WILLIAM J. CLINTON. could be, maybe even make a bill In providing advance, long-term ap- THE WHITE HOUSE, November 29, 1995. great, that bill has no shot. If you want proval for certain nuclear fuel cycle ac- f to pass it, send a mediocre bill to the tivities, the proposed agreement has REQUEST FOR PERMISSION TO other body who all of a sudden is the features similar to those in several ADDRESS HOUSE FOR 5 MINUTES big decisionmaker on what our legisla- other agreements for cooperation that tion should be. the United States has entered into sub- Mr. TRAFICANT. Mr. Speaker, I ask Let me inform Congress that the first sequent to enactment of the NNPA. unanimous consent to speak out of Senate was appointed by State legisla- These include bilateral U.S. agree- order for 5 minutes and to revise and tures to protect the interests of the ments with Japan, Finland, Norway extend my remarks. States. The House of Representatives, and Sweden. (The U.S. agreements with The SPEAKER pro tempore. The the House of Commons, was to protect Finland and Sweden will be automati- Chair will not entertain that request at the people of the country. I think it is this point. cally terminated upon entry into force unbelievable to me that we would have of the new U.S.-EURATOM agreement, f these foreign agents running around, as Finland and Sweden joined the Eu- LOBBYING DISCLOSURE ACT OF not even registering, and we have ropean Union on January 1, 1995.) 1995 taken token steps to clamp down on Among the documents I am transmit- The SPEAKER pro tempore. Pursu- that. I think it is time to change that. ting herewith to the Congress is an ant to House Resolution 269 and rule In essence, I am taking a little bit of analysis by the Secretary of Energy of XXIII, the Chair declares the House in time away from the gentleman from the advance, long-term approvals con- the Committee of the Whole House on Massachusetts [Mr. FRANK] to be here, tained in the proposed U.S. agreement the State of the Union for the further and I am hoping somebody else is here with EURATOM. The analysis con- consideration of the bill, H.R. 2564. to offer an amendment. I am not going cludes that the approvals meet all re- to offer my amendment first unless b quirements of the Atomic Energy Act. 1032 there is nobody else and this commit- I believe that the proposed agree- IN THE COMMITTEE OF THE WHOLE tee rises. ment for cooperation with EURATOM Accordingly the House resolved itself If it is going to be defeated, then so will make an important contribution into the Committee of the Whole House be it, but here is what the Traficant November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13739 amendment says: You will have to reg- ‘‘(3) any person who engages in political (B) by inserting before the period at the ister. If you do not register, you will be activities for purposes of furthering commer- end the following: ‘‘, and (iv) such activities subject to fines, anywhere from $2,000 cial, industrial, or financial operations with do not involve the representation of the in- to $1 million. You could be prosecuted. a foreign principal. terests of the foreign principal before any For purposes of clause (1), a foreign principal agency or official of the Government of the You could be subpoenaed in. To reg- United States other than providing informa- ister and to extend, you will do so Jan- shall be considered to control a person in major part if the foreign principal holds tion in response to requests by such agency uary 31 and July 31. You will have more than 50 percent equitable ownership in or official or as a necessary part of a formal known dates to do it. And we will know such person or, subject to rebuttal evidence, judicial or administrative proceeding, in- who you are. The American taxpayer if the foreign principal holds at least 20 per- cluding the initiation of such a proceeding.’’. should know who represents foreign in- cent but not more than 50 percent equitable (c) SUPPLEMENTAL REGISTRATION.—Section terests. ownership in such person.’’. 2(b) of that Act (22 U.S.C. 612(b)) is amended— Technically in the past, when this (B) FURTHER DEFINITION.—Section 1(d) of that Act (22 U.S.C. 611(d)) is amended to read (1) in the first sentence by striking ‘‘, with- law was written, it dealt with Nazi in thirty days’’ and all that follows through Germany. We were interested in spies. as follows: ‘‘(d) The term ‘representative of a foreign ‘‘preceding six months’ period’’ and inserting Well, now we have foreign agents principal’ does not include— ‘‘on January 31 and July 31 of each year file whose interest is trade. Commercial in- ‘‘(1) any news or press service or associa- with the Attorney General a supplement terests. I would submit that that is a tion organized under the laws of the United thereto under oath, on a form prescribed by greater problem in this country today States or of any State or other place subject the Attorney General, which shall set forth than anything else we deal with, with a to the jurisdiction of the United States, or regarding the six-month periods ending the previous December 31, and June 30, respec- trade deficit of $170 billion. any newspaper, magazine, periodical, or other publication for which there is on file tively, or, if a lesser period, the period since Who represents China, folks? Who the initial filing,’’; and represents Japan? Who represents the with the United States Postal Service information in compliance with section 3685 of (2) by inserting after the first sentence the European interests? Who represents title 39, United States Code, published in the following new sentence: ‘‘Any registrant any foreign interest that has an inter- United States, solely by virtue of any bona using an accounting system with a fiscal est in the legislation today or an inter- fide news or journalistic activities, including year which is different from the calendar est in the legislation dealing with the solicitation or acceptance of advertise- year may petition the Attorney General to Bosnia or dealing with appropriation ments, subscriptions, or other compensation permit the filing of supplemental statements therefor, so long as it is at least 80 percent at the close of the first and seventh month of matters of defense? That is what the each such fiscal year in lieu of the dates issue is about. beneficially owned by, and its officers and directors, if any, are citizens of the United specified by the preceding sentence.’’. I am hoping that the Members of (d) REMOVAL OF EXEMPTION FOR CERTAIN States, and such news or press service or as- COUNTRIES.—Section 3(f) of that Act (22 Congress will take a look at this. I sociation, newspaper magazine, periodical, U.S.C. 613(f)) is repealed. think the committee has brought or other publication, is not owned, directed, (e) LIMITING EXEMPTION FOR LEGAL REP- enough Democrats together to carry supervised, controlled, subsidized, or fi- RESENTATION.—Section 3(g) of that Act (22 the load, that in fact they will accept nanced, and none of its policies are deter- U.S.C. 613(g)) is amended by striking ‘‘or any mined by any foreign principal defined in no amendments because if there are agency of the Government of the United subsection (b) of this section, or by any rep- amendments, the Senate just is not States’’ and all that follows through ‘‘infor- resentative of a foreign principal required to going to accept it. mal’’ and inserting ‘‘or before the Patent and register under this Act; or Well, as one Member of Congress, let Trademark Office, including any written ‘‘(2) any incorporated, nonprofit member- me say this to the Senate. Quite frank- submission to that Office’’. ship organization organized under the laws (f) NOTIFICATION OF RELIANCE ON EXEMP- ly, Scarlett, I think the Congress of the United States or of any State or other should draft only the best legislation TIONS.—Section 3 of that Act (22 U.S.C. 613) is place subject to the jurisdiction of the Unit- amended by adding at the end the following: and that is the legislation to be signed ed States that is registered under section 308 ‘‘Any person who does not register under into law. of the Federal Regulation of Lobbying Act section 2(a) on account of any provision of With that, it is good to see the vener- and has obtained tax-exempt status under subsections (a) through (g) of this section able chairman here. I do not question section 501(c) of the Internal Revenue Code shall so notify the Attorney General in such the intentions of former Chairman of 1986 and whose activities are directly su- form and manner as the Attorney General pervised, directed, controlled, financed, or prescribes.’’. FRANK and Chairman CANADY. I think subsidized in whole by citizens of the United you have done a fine job. I hope the (g) CIVIL PENALTIES AND ENFORCEMENT States.’’. PROVISIONS.—Section 8 of that Act (22 U.S.C. Members realize that there are foreign (2) POLITICAL PROMOTIONAL OR INFORMA- 618) is amended by adding at the end the fol- interests that lobby the Government, TIONAL MATERIALS.—Section 1(j) of that Act lowing: and we are dealing with lobby disclo- (22 U.S.C. 611(j)) is amended— ‘‘(i)(1) Any person who is determined, after sure, and we are not doing the best job (A) in the matter preceding clause (1), by notice and opportunity for an administrative we can with foreign interests. striking ‘‘propaganda’’ and inserting ‘‘pro- hearing— Maybe the Members might just de- motional or informational materials’’; and ‘‘(A) to have failed to file when such filing (B) in clause (1), by striking ‘‘prevail upon, cide to do something about it. is required a registration statement under indoctrinate, convert, induce, or in any section 2(a) or a supplement thereto under The CHAIRMAN. Are there further other way’’ and inserting ‘‘in any way’’. section 2(b), amendments to the bill? (3) POLITICAL ACTIVITIES.—Section 1(o) of ‘‘(B) to have omitted a material fact re- AMENDMENT OFFERED BY MR. TRAFICANT that Act (22 U.S.C. 611(o)) is amended— quired to be stated therein, or Mr. TRAFICANT. Mr. Chairman, I (A) by striking ‘‘prevail upon, indoctri- ‘‘(C) to have made a false statement with offer an amendment. nate, convert, induce, persuade, or in any respect to such a material fact, The Clerk read as follows: other way’’ and inserting ‘‘in any way’’; and shall be required to pay for each violation (B) by striking ‘‘or changing the domestic committed a civil penalty of not less than Amendment offered by Mr. TRAFICANT: or foreign’’ and inserting ‘‘enforcing, or $2,000 and not more than $1,000,000. In deter- Page 37, line 11, strike ‘‘AMENDMENT’’ changing the domestic or foreign laws, regu- mining the amount of the penalty, the At- and insert ‘‘AMENDMENTS’’, in line 13 in- lations, or’’. torney General shall give due consideration sert ‘‘(a) REPORTS.—’’ before ‘‘Strike’’ and (4) POLITICAL CONSULTANT.—Section 1(p) of to the nature and duration of the violation. insert after line 21 the following: that Act (22 U.S.C. 611(p)) is amended— ‘‘(2)(A) Whenever the Attorney General has (b) DEFINITIONS.— (A) by inserting ‘‘(1)’’ after ‘‘any person’’; reason to believe that any person may be in (1) AGENT OF A FOREIGN PRINCIPAL.— and possession, custody, or control of any docu- (A) IN GENERAL.—Section 1(c) of the For- (B) by inserting before the semicolon at mentary material relevant to an investiga- eign Agents Registration Act of 1938, as the end the following: ‘‘, or (2) who distrib- tion regarding any violation of paragraph (1) amended (22 U.S.C. 611(c)), is amended— utes political promotional or informational of this subsection or of section 5, the Attor- (i) by striking ‘‘agent of a foreign prin- materials to an officer or employee of the ney General may, before bringing any civil cipal’’ each place it appears and inserting United States Government, in his or her ca- or criminal proceeding thereon, issue in ‘‘representative of a foreign principal’’; pacity as such officer or employee’’. writing, and cause to be served upon such (ii) in paragraph (1)(iv), by striking ‘‘and’’ (5) SERVING PREDOMINANTLY A FOREIGN IN- person, a civil investigative demand requir- after the semicolon at the end; TEREST.—Section 1(q) of that Act (22 U.S.C. ing such person to produce such material for (iii) in paragraph (2), by striking the period 611(q)) is amended— examination. at the end and inserting ‘‘; and’’; and (A) by striking ‘‘and’’ at the end of clause ‘‘(B) Civil investigative demands issued (iv) by adding at the end the following: (ii) of the proviso; and under this paragraph shall be subject to the H 13740 CONGRESSIONAL RECORD — HOUSE November 29, 1995 applicable provisions of section 1968 of title ber opposed each will be recognized for longer be exempt. In addition, rep- 18, United States Code.’’. 15 minutes. resentatives of foreign interests will (h) CHANGE IN SHORT TITLE OF THE ACT.— Mr. CANADY of Florida. Mr. Chair- now be required to notify the Attorney Section 14 of that Act (22 U.S.C. 611 note) is man, I rise in opposition to the amend- amended by striking ‘‘Foreign Agents Reg- General. Moreover, any person relying istration Act of 1938, as amended’’ and in- ment and claim the 15 minutes in oppo- on an exemption under the act must serting ‘‘Foreign Interests Representation sition. I yield 71⁄2 minutes of that time notify the Justice Department of their Act’’. to the gentleman from Massachusetts intention to do so. (i) REFERENCES TO AGENT OF A FOREIGN [Mr. FRANK] and ask unanimous con- The amendment also establishes a PRINCIPAL.—The Foreign Agents Registra- sent that he may be permitted to yield test to determine what constitutes for- tion Act of 1938, as amended is amended— blocks of time to other Members. eign control. Entities that are more (1) by striking ‘‘agent of a foreign prin- The CHAIRMAN. Is there objection cipal’’ each place it appears and inserting than 50 percent foreign owned would be ‘‘representative of a foreign principal’’; to the request of the gentleman from presumed to be foreign controlled, and (2) by striking ‘‘agents of foreign prin- Florida? be required to register. Entities with a cipals’’ each place it appears and inserting There was no objection. 20 to 50 percent foreign ownership ‘‘representatives of foreign principals’’; The CHAIRMAN. The gentleman would also be considered foreign con- (3) by striking ‘‘agent of such principal’’ from Florida [Mr. CANADY] and the gen- trolled. each place it appears and inserting ‘‘rep- tleman from Massachusetts [Mr. But the timeliness of foreign agent resentative of such principal’’; and FRANK] each will be recognized for 71⁄2 (4) by striking ‘‘such agent’’ each place it registration now becomes an issue. Of minutes. the 28 registration statements reviewed appears and inserting ‘‘such representative’’. The Chair recognizes the gentleman (j) REFERENCES TO POLITICAL PROPA- in the GAO report, 70 percent had not from Ohio [Mr. TRAFICANT]. GANDA.— even registered on time, for those who (1) The paragraph preceding section 1 of Mr. TRAFICANT. Mr. Chairman, I had registered. yield myself such time as I may the Foreign Agents Registration Act of 1938, Now one out of four is registering, as amended is amended by striking ‘‘propa- consume. and 70 percent of the one out of four is ganda’’ and inserting ‘‘political’’. As I discussed, every year foreign in- (2) The Foreign Interests Representation terests spend hundreds of millions of registering late. No one is really look- Act (other than the paragraph amended by dollars to influence our Government. ing into them. We are talking about paragraph (1) of this subsection) is amended They employ topnotch representatives. lobbying. We are worried about every- by striking ‘‘propaganda’’ each place it ap- Many times they are former staff mem- body lobbying Congress. I am talking pears and inserting ‘‘promotional or infor- about foreign interests that lobby the mational materials’’. bers of key committees, counsel to Ways and Means. Sometimes they are Congress of the United States. I could (k) REFERENCES TO THE ACT.— hear the talk. I have great respect for (1) Section 207(f)(2) of title 18, United Members who chaired the most power- States Code, is amended by striking ‘‘For- ful committees in the Congress. the gentleman from Texas [Mr. BRY- eign Agents Registration Act of 1938, as That evidently is a way of life, and ANT] and the gentleman from Massa- amended,’’ and inserting ‘‘Foreign Interests the bill attempted to deal with that by chusetts [Mr. FRANK]. ‘‘Yes, it’s right, Representation Act’’. banning for a lifetime U.S. Trade Rep- TRAFICANT, you’re right, but not now.’’ (2) Section 219 of title 18, United States resentatives and Deputy Trade Rep- Beam me up here. Code, is amended— The penalties that are under law (A) in subsection (a) by striking ‘‘agent of resentatives. We felt that did not go far a foreign principal required to register under enough. right now are so great the Justice De- the Foreign Agents Registration Act of 1938, But the bottom line is there are sev- partment shies away. The Traficant as amended,’’ and inserting ‘‘representative eral General Accounting Office reports, amendment puts reasonable penalties of a foreign principal required to register and they basically say that only one on. From a $2,000 civil fine up to $1 mil- under the Foreign Interests Representation out of every three, maybe only one out lion with repeated abuse or significant Act’’; and of every four agents who represent for- facts. (B) in subsection (b)— eign interests take the time to reg- The Justice Department would be (i) by striking ‘‘agent of a foreign principal’’ and inserting ‘‘representative of a for- ister. The Traficant amendment deals given the authority to subpoena indi- eign principal’’; with the registration of these agents viduals for testimony and their (ii) by striking ‘‘such agent’’ and inserting dealing with foreign interests, and, in records. The bottom line here is, even ‘‘such representative’’; and fact, penalties to stop such abuse. though I am preaching to the wind, we (iii) by striking ‘‘Foreign Agents Registra- Since that 1990 report was released are now worried about Bosnia, with a tion Act of 1938, as amended’’ and inserting by the General Accounting Office, the $40 billion trade deficit with China. ‘‘Foreign Interests Representation Act’’. GAO wrote, neither the Justice Depart- Who represents China? We do not (3) Section 5210(4) of the Competitiveness ment nor Congress has adequately rec- Policy Council Act (15 U.S.C. 4809(4)) is know. I guarantee you that. A $70-plus amended— tified this breach of security. billion trade deficit with Japan. Whom (A) by striking ‘‘agent of a foreign prin- I submitted a bill dealing with the all of those are, we do not know. We cipal’’ and inserting ‘‘representative of a for- issue. The bottom line is with the end have gone from a $2 billion surplus eign principal’’; and of the cold war, our whole dynamic on with Mexico to a $20 billion deficit pro- (B) by striking ‘‘subsection (d) of the first foreign interest lobbying has switched jected this year. Who represents the section of the Foreign Agents Registration from sinister underground spy net- Government of Mexico? Who represents Act of 1938 (22 U.S.C. 611)’’ and inserting works to trade and global competition. interests in Mexico? ‘‘section 1(d) of the Foreign Interests Rep- Many individuals and law firms who resentation Act (22 U.S.C. 611(d)),’’. (4) Section 34(a) of the Trading With the represent interests in these areas are b 1045 Enemy Act (50 U.S.C. App. 34(a)) is amended exempt from registration under the by striking ‘‘Act of June 8, 1934 (ch. 327, 52 act. Mr. Chairman, Canada, $16 billion Stat. 631), as amended’’ and inserting ‘‘For- Now the bill deals with that, but not surplus. Who represents all those inter- eign Interests Representation Act’’. enough. The Traficant amendment ests? Here we are with North American Mr. TRAFICANT (during the read- would make them come in and submit free trade, Congress; we have a $36 bil- ing). Mr. Chairman, I ask unanimous in writing the reasons why they should lion deficit in our own hemisphere. We consent that the amendment be consid- qualify for an exemption. have chased our workers out of the ered as read and printed in the RECORD. In addition to that, the bill basically, country, chased our factories out, and The CHAIRMAN. Is there objection and the focus, is changed from foreign we do not even require the people who to the request of the gentleman from agent representation act to foreign in- represent those interests to register. Ohio? terest representation act, and that is The Senate, the Senate said, ‘‘If you There was no objection. where it should be. add this on, it is gone, boy.’’ Let me The SPEAKER pro tempore. Pursu- Any person who engages in political tell you what, any Senate that would ant to the order of the House of Thurs- activities for the purpose of furthering reject this commonsense amendment is day, November 16, 1995, the gentleman commercial, industrial or financial op- a Senate that the American people can from Ohio [Mr. TRAFICANT] and a Mem- erations of a foreign interest would no do without. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13741 I do not know how much time I have that will ensure that the public has ac- law and watch a major bipartisan ac- left, Mr. Chairman, but I want to recess to information concerning lobby- complishment improve this process. tain some of my time to hear these il- ing activities here in Washington. I Any amendment offered today, no mat- lustrious rebuttals. think it is time we do that. ter how good it is, standing alone, is Mr. Chairman, I reserve the balance There is bipartisan consensus that going to endanger this process. of my time. that is what we should do. There is bi- For that reason I ask Members to Mr. CANADY of Florida. Mr. Chair- partisan support for this bill that vote ‘‘no’’ and then to cosponsor the man, I yield myself such time as I may passed the Senate 98 to zero. Canady-Frank bill that will come after consume. I do not claim that this is a perfect it. I appreciate the interest of the gen- bill. But I do know that if history re- I want to say the gentleman from tleman from Ohio on this issue. I have peats itself, we will not get anything Florida [Mr. CANADY] has played this offered to work with the gentleman done on this issue, and I think the straight from the beginning. He played from Ohio on his concerns. American people want something done it straight last year when we were in I believe that the bill that is before and they are tired of excuses. They are the majority, and I was chairman of the House addresses the concerns that tired of delay. They are tired of games the Committee of jurisdiction, and he the gentleman has in a very sub- that are played, and it is time that we has played it straight this year as substantive way. I believe that the bill ended that. committee chairman. I accept his com- takes a big step forward in improving So I would urge opposition to the mitment to do just what he said; that the information that will be available amendment, the well-intended amend- is, to have hearings and move this bill concerning foreign agents as well as ment, offered by the gentleman from out of here that contains many of the persons representing foreign business Ohio. things we would like to see done. interests. Mr. Chairman, I reserve the balance For the time being, please vote ‘‘no’’ As I have said before on the floor, I of my time. on the amendment today so we can believe that this whole issue of the rep- Mr. FRANK of Massachusetts. Mr. pass the bill. resentation of foreign interests is Chairman, I yield 2 minutes to the gen- Mr. FRANK of Massachusetts. Mr. something that we need to look into tleman from Texas [Mr. BRYANT], a Chairman, I yield myself such time as with greater detail. I am committed to major sponsor of this legislation on our I may consume. doing that in a comprehensive way side. Let me say the gentleman from Ohio early next year in the Subcommittee (Mr. BRYANT of Texas asked and has brought this to our attention be- on the Constitution. was given permission to revise and ex- fore. I agree with most of his amend- I am concerned that, in some ways, tend his remarks.) ment. the gentleman’s amendment would ac- Mr. BRYANT of Texas. Mr. Chair- This is a complex issue, and as the tually weaken what we have in the bill. man, I would like to say first to the gentleman from Florida pointed out, I think that that is a point that needs gentleman from Ohio [Mr. TRAFICANT] there is one point the gentleman from to be made and understood by the that what you are asking for in this Ohio acknowledges, and I appreciate it, Members. amendment is, in my opinion, the right that the legislation here would But I want to work with the gen- thing, as were several of the amend- strengthen regulation of foreign tleman from Ohio. I would urge the ments asked for last night, and I think agents. He makes the point that we can gentleman from Ohio to withdraw his I can speak with more credibility per- strengthen it further. We agree with amendment so that we can move for- haps than many of the Members of the him. ward with this important legislation, House about this because of the fact But there are two points that are rel- put this legislation on the President’s that over the last years I have intro- evant. First, and I think what hap- desk, and break the 40-year gridlock. I duced and on occasion passed legisla- pened was he quite sensibly drafted his understand what the gentleman has tion to require disclosure of foreign amendment to the existing law. This said, and I respect his perspective on ownership, sponsored and voted for leg- bill, as it came to us, changed the ex- this. Mr. TRAFICANT. Mr. Chairman, will islation to force disclosure of the lob- isting law. So, while his amendment the gentleman yield? bying connections between our former does, in fact, strengthen the regulation Mr. CANADY of Florida. I yield to Cabinet members and their clients of foreign interests in most instances, the gentleman from Ohio. after they leave and to prohibit them there is one instance, because of the Mr. TRAFICANT. Would the gen- from being able to lobby for or advise kind of problem that happens with tleman articulate where the Traficant foreign nationals or foreign companies. drafting, where he drafted to the origi- amendment weakens his bill? I agree with you. nal law and then the bill about came in Mr. CANADY of Florida. I will, Mr. It is not the amendment that you after that, and there is one provision Chairman. For instance, H.R. 2564, the have here today that is the problem. It here, domestic subsidiaries of foreign bill before the House now, eliminates is the fact that any amendment in this interests, which now have an exemp- the domestic subsidiary exemption setting is a problem. tion in the law, and the bill, as pre- which is currently in the law for for- As you know, the gentleman from sented, would abolish that exemption. eign corporations. Your amendment Massachusetts [Mr. FRANK] and the Domestic subsidiaries would have no would restore that exemption. Now, I gentleman from Florida [Mr. CANADY] exemption. What they have now is a think that is a weakening of the bill. are going to introduce legislation too generous exemption. Mr. TRAFICANT. Notification would which I intend to cosponsor that will The gentleman from Ohio under- allow it. We have to know the reasons, take these amendments and put them standably tightens up the exemption. sir. Let us be honest about that. Right into law. We will get to vote on this What he could not have known when he now that exemption goes without no- again. was drafting his bill was this legisla- tice. The Senate has not said that if you tion would do away with the exemption Mr. CANADY of Florida. Reclaiming put the Traficant amendment on we altogether. So, through no fault of any- my time, I urge the Members of the will kill this bill or if you put the one’s, in fact, in this one case his bill House to focus on the issue here. We Istook amendment on we will kill this weakens the scheme. In general, it debated this at great length yesterday bill; they have not said they are going strengthens it. His amendment, in gen- or earlier and at some length yester- to kill the bill at all. eral, strengthens it. In this one in- day. The point here is that we have a What we know, though, is if this bill stance, it weakens it because it modi- bill dealing with lobby disclosure re- goes to conference, as opposed to being fies an exemption we abolished alto- form. This is an issue that has been passed and going to the President, it is gether. tied up in the House and the Senate for going to be tied up and killed as it has I would note I mentioned yesterday more than 40 years. We have seen 40 been every time it has been attempted we have, and I am holding a bill here years of gridlock. for 40 years. that includes as cosponsors myself, the We have a historic opportunity today Here we have a historic opportunity gentleman from Texas [Mr. BRYANT], I to send a bill to the President to sign to pass this bill and see it signed into hope the gentleman from Ohio [Mr. H 13742 CONGRESSIONAL RECORD — HOUSE November 29, 1995

TRAFICANT], the gentleman from Con- communication that is made on behalf there and modify it. That is the dif- necticut [Mr. SHAYS] on the other side, of a government of a foreign country or ference. and others. Not the chairman of the foreign political party and disclosed. I Mr. Chairman, I reserve the balance subcommittee, because he quite under- have heard all of this talk about how it of my time. standably wants to preserve his ability is so much stronger. Mr. TRAFICANT. Mr. Chairman, I to look at the whole thing. But he Let us talk about what your bill does yield myself 1 minute. promised us yesterday—and I have not do here, folks. Your bill does not Mr. Chairman, under my amendment, worked with him for years and he is a empower the opportunity of the Jus- and listen to the language, ‘‘Any per- man who has kept every promise he tice Department to subpoena foreign son who engages in political activities has ever made to other Members—there agents to appear, testify, or produce for the purpose of furthering the com- would be a hearing and markup of leg- records at administrative hearings con- mercial or financial operations of a for- islation that would focus specifically cerning their violation of registration. eign interest would no longer be exon tightening foreign agents’ registra- Your bill does not impose administra- empt. In addition, representatives of tion. tive fines for minor violations against foreign interests will now be required Here is our problem. As my friend those who, after being directly in- to notify the Attorney General’’ if they from Texas said, it is not anyone in the formed of their obligation to report, would even seek any technicality to Senate has said if you change it we will still fail to do so. So, as a result, the have such an exemption. kill the bill. It is worse than that. If we General Accounting Office says this is The only thing that I do is, I ban it had such a public threat, then the gen- meaningless. The Department of Jus- too, but I make sure that at least those tleman would be correct, the gen- tice is not going to go after these gnats have an intention of trying to get tleman from Ohio, and political pres- with an MX missile. around the registration have to show sure could be brought against them. Now, if there is some delineation and their hand here. I think that that But as the gentleman from Ohio under- clarification of exemption, I would sub- speaks well of it. If there could be any stands as well as anyone here, this bill mit I would have to see in writing more clarifying language, I would be has a lot of enemies who do not want to where the strength of your language is glad to accept it. admit they are its enemies. If we were that much stronger. But, given that, Mr. Chairman, I reserve the balance dealing with someone who stood up and given that, when is it that there are of my time. said, amend it and I will kill it, we minor matters that deal in these issues Mr. FRANK of Massachusetts. Mr. could deal with that. that cannot be rectified in the con- Chairman, I yield myself such time as This bill is not likely to be shot head ference with the U.S. Senate? Have we I may consume. on. It is likely to be nibbled at from all started to become subservient to the The gentleman had just said, first of sides. It will disappear. There will be House of Lords or what? all, he abolishes the exemption; but, quicksand here. There will be a bend in Let me say, I do not have that much second, he makes you tell the Attorney the road. We have a crowded legislative time. You guys are going to defeat the General if you are going to get it. That calendar. amendment. I want to say this to you: is like saying, ‘‘I didn’t take the bicy- It took a lot of energy to get this bill We have allowed foreign interests to cle, and it was fixed when I gave it up even today. If it has to go to con- run around this country lobbying our back to you, but it was broken when I ference with everything else going on, Government, and if not this bill today, took it.’’ with Bosnia, with the budget, with all then, damn it, when? That is what this The fact is that the gentleman, inad- the other major items, there is a bill is about. You are telling me you vertently perhaps, restores an exemp- strong likelihood of it being held up. are going to bring another bill back. It tion that this bill repeals, and saying The problem is not if you go to con- is going to go to the other body. They that the Attorney General has to tell ference and someone stands up and are going to like it then, and the Presi- us does not change the facts. That is says, ‘‘I hate this bill,’’ but people who dent is going to sign it. why this would benefit from being able want to kill it say, ‘‘I like this bill bet- What I am hearing today is: If it is to be worked on, as we will do in Janu- ter than you do. I want to do it this great legislation, it has no shot; if it is ary or February. way. I want to do it that way.’’ We mediocre, send it over, boys. Mr. CANADY of Florida. Mr. Chair- have no way to resolve it. Mr. FRANK of Massachusetts. Mr. man, I yield 1 minute to the gentleman So we believe, and we appreciate the Chairman, I yield myself the remainder from Texas [Mr. DOGGETT]. gentleman acknowledging this, we of my time. Mr. DOGGETT. Mr. Chairman, I have a bill that improves the scheme of I am disappointed in my friend. We thank the gentleman for yielding time regulation of foreign interests. We are trying to work this out. You want to me. agree it does not go far enough. Our to posture and wave your arms, fine. Mr. Chairman, we are so close. We hope is that we would get this bill You asked me where is your bill are about this close from passing real passed, which we can do. If we get by weaker. We, in our bill here, page 26, lobby reform legislation, the length of this amendment without it being line 13, letter D, striking subsection the pen that the President of the Unit- adopted, this bill goes to the Presi- (q), subsection (q) of the law is an ex- ed States can use to sign this into law. dent’s desk, in my opinion, and we then emption granted to domestic subsidi- We have done it in a very contentious immediately thereafter begin to tight- aries of foreign agents. We abolish that Congress, on a bipartisan basis, with en it. We tighten it in ways where I exemption. Your bill merely amends it. people who said ‘‘Yes, let us have a gift think we have a consensus. Yes, your bill tightens this in some ban, and a strong gift ban,’’ and who The only change we would want to ways. But here is the specific case, now, after almost 50 years, five dec- make in the gentleman’s bill, I want to page 26, line 13. ades, are this close, the length of a pen, make, would be one I think he would Second, we are not being subservient to signing this into law and to make it agree with, we would want to continue to the Senate. We are recognizing what the law of the land that we are reform- to wipe out that exemption rather than you yourself understand. There are ening this Congress and regulating the to restore it. emies of this bill who, if it goes back lobby. With that, I hope the gentleman from into the parliamentary thicket, will Yes, I am very concerned about the Ohio would understand we say this in a make it less likely it emerges. lack of registration of foreign agents. cooperative spirit and want to get this There are some that are not registered. b 1100 bill to the President’s desk. But for every one of them, there are Mr. Chairman, I reserve the balance That is why we want to get this thing dozens or hundreds of people that are of my time. done, and then move beyond that. But domestic agents that are not registered Mr. TRAFICANT. Mr. Chairman, I I will say at this point, there is a very under our laws today. I am concerned yield myself 2 minutes. specific area, page 26, line 13, where we about the loss of jobs to other coun- Under the bill, section 8, lobbying strike an exemption for domestic sub- tries, but I am also concerned about contact, under exceptions, B, the term sidiaries of foreign interests, a pretty the loss of the public interest from this ‘‘lobbying contact’’ does not include a significant one, and you leave it in Capitol building. Let us do what is November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13743 right today: Defeat these amendments, want it to come back to them so in Mr. Chairman, there is some real place this on the President’s desk, sign conference they can take out the parts technical language in here that people it into law this year, and then move on they do not want. Others want to send can run with. Everybody says no, that to reform our campaign finance laws, the President a bill that he will veto, does not apply, the other section ap- on a bipartisan basis also. to embarrass the President. plies. A court of law is a funny place. Mr. TRAFICANT. Mr. Chairman, I Mr. Chairman, we have the oppor- The only thing I would like to say is yield 2 minutes to the gentleman from tunity to have for the first time since this: that the Traficant amendment western Pennsylvania [Mr. ENGLISH], 1946 meaningful lobby disclosure pass gives reasonable fines for reasonable replacing the big shoes of Tom Ridge, this Congress and be signed by the offenses. It provides a date certain and he has done a fine job. President. When they passed meaning- when individual agents representing Mr. ENGLISH of Pennsylvania. Mr. ful lobby disclosure in 1946 it was gut- foreign agents must register, and they Chairman, I thank the gentleman for ted by the Supreme Court in 1954. We have no more than a 30-day grace pe- yielding me the time, and for his hand- have a meaningless law right now on riod, January 30–July 30. some comments. the books. It is the reason that only The point I am making is, I listen to Mr. Chairman, the gentleman’s 6,000 people register as lobbyists, when these arguments but here is what trou- amendment, I think, provides fun- it is estimated that 60,000 to 80,000 peo- bles me. We all agree that this is damental reform of the registration of ple actually lobby Congress and lobby strengthening. If there is one question foreign agents. I think it is timely and the executive branch. We have an op- on the exemption language which, necessary, given that this aspect of the portunity to have these individuals quite frankly, I believe the intent of law has not been modified for many lobby, and to disclose that they lobby, my legislation prohibits any exemp- decades and is demanding of reform. It to disclose who pays them, to learn tions for commercial trade issues and, is an obscenity right now that most how much they are paid and to learn in fact, further makes notice that any- representatives of foreign interests do what they do. body who misreads that section must not register. They are not in the public The gentleman from Ohio [Mr. TRAFI- notify the Attorney General that they domain. The public is not protected CANT] has a good concept. I believe that think they may have an exemption, from them and is not provided with the will pass. I believe that we can bring make sure there is a process, before information that they need about the out a bill on its own, combined with a they could even consider having an ex- level of foreign interest representation. few others that have come forward in emption. My bill specifically in fact de- Mr. Chairman, let me say, there is no the course of this debate, but I urge my nies any exemption. I will read it: controversy here. The managers of this colleagues to recognize we are so close. ‘‘Any person who engages in political bill have conceded, despite some tech- We have the opportunity to defeat this activities for the purpose of furthering nical arguments, that generally this amendment, maybe defeat one more, commercial or financial operations of amendment would strengthen this bill. and then send it to the President and foreign interests would no longer be ex- That clearly is not in question here. I have it become law. empt.’’ think the managers of this bill have I would just conclude by congratulat- Yes, the trouble that we have is most made one real argument against this ing the gentleman from Florida [Mr. people do not know the law. There is amendment, that somehow it impedes CANADY] and congratulating the gen- no notification, which the Traficant the progress of the legislation. How- tleman from Massachusetts [Mr. bill provides. There is no reasonable- ever, I would repeat my earlier argu- FRANK], and to tell them that it is re- ness in the fines. As a result, there is ment on previous amendments, like the freshing to participate, and to the gen- no enforcement. There are no subpoena English-Traficant amendment that was tleman from Texas [Mr. BRYANT] and powers. It is like saying we are going defeated last night by a very narrow others, to participate in a bipartisan to enforce the law, but we cannot sub- margin, that we need to do our busi- effort to get true lobby disclosure. poena your records. ness. Mr. TRAFICANT. Mr. Chairman, I I have been here for a number of It has been conceded here that this yield myself such time as I may years and, quite frankly, I am abso- bill, this underlying bill, should be consume. lutely sickened by foreign interests stronger. I would submit that we will Mr. Chairman, No. 1, I do not want who rip us off. Let me say this: We feed public cynicism if we do not go any of my comments taken to in any might be concerned about the Senate’s forward and produce, here and now, the way cast any shadow of competency blind trust today, but I am concerned strongest possible bill, and have the and/or address to duty on behalf of the about foreign interests’ blindsiding of discipline to follow through and get a gentleman from Massachusetts [Mr. the American economy. I think that is conference passed by both houses. I do FRANK], one of the most intelligent a hell of a lot more. not think we can jump start this by Members of this body, who has shep- However, I am going to do this. I am simply passing the Senate version herded a lot of these bills in the past, asking the chairman, because I have a which, as has been conceded, does not and the gentleman from Florida [Mr. commitment by the gentleman from go far enough in some particulars. CANADY], his effort, the gentleman Massachusetts [Mr. FRANK], will he in- Mr. CANADY of Florida. Mr. Chair- from Connecticut [Mr. SHAYS], both of clude the Traficant language with that man, I yield 2 minutes to the gen- them extremely well qualified and do one minor clarification, in another tleman from Connecticut [Mr. SHAYS]. an excellent job. They have worked piece of legislation, and does that have Mr. SHAYS. Mr. Chairman, I thank with the gentleman from Massachu- a shot to come out of this Congress? the gentleman for yielding time to me. setts [Mr. FRANK] and we probably Mr. CANADY of Florida. Mr. Chair- Mr. Chairman, this has been one of have the best brain trust involved in man, will the gentleman yield? the few issues that has been bipartisan the bill. When you talk about the gen- Mr. TRAFICANT. I yield to the gen- in the extraordinary leadership of the tleman from Texas [Mr. BRYANT], we tleman from Florida. gentleman from Florida [Mr. CANADY] talk about one of our more solid Mem- Mr. CANADY of Florida. Mr. Chair- and the gentleman from Massachusetts bers who understands the Constitution man, as I have told the gentleman be- [Mr. FRANK], Republican and Democrat and can interpret law. fore, I want to work with the gen- coming together for the first time in 49 Saying that, Mr. Chairman, I agree tleman on this issue. We are going to years to pass meaningful lobby disclo- with everything the gentleman said. I consider the specific language that he sure. have some concerns with loopholes in has proposed here today, any changes The Senate wants the bill of the gen- your language. In section 3 under defi- he wants to make on it, any other sug- tleman from Ohio [Mr. TRAFICANT] to nitions, the definition of lobbying con- gestions he has on this general subject. pass. They want this bill to be sent tact calls for, in subsection B, under I want to move forward with as strong back to the Senate. Some do not like subsection 8, the term ‘‘lobbying con- a piece of legislation on this subject on the Simpson amendment in it; some do tact’’ does not include a communica- this legislation as we possibly can. not like for the first time the fact that tion that is made on behalf of a govern- Mr. TRAFICANT. I would ask the Senators will have to disclose their ment of a foreign country or a foreign gentleman, Mr. Chairman, is that a blind trusts, the full amount. They political entity. yes? H 13744 CONGRESSIONAL RECORD — HOUSE November 29, 1995 Mr. CANADY of Florida. Yes. my colleagues to choose this path by passing Justifiable concerns were raised that if the Mr. FRANK of Massachusetts. Mr. real lobbying reform. I urge my colleagues to Senate-version of this legislation were amend- Chairman, will the gentleman yield? support H.R. 2564. ed, the bill would become mired in a House- Mr. TRAFICANT. I yield to the gen- Mr. QUINN. Mr. Chairman, I rise today in Senate conference, and the possibility of en- tleman from Massachusetts. support of H.R. 2564, the Lobbying Disclosure acting any significant lobbying reform legisla- Mr. FRANK of Massachusetts. Mr. Act of 1995. This historic legislation imposes tion would be substantially reduced. Therefore, Chairman, I can guarantee to the gen- new disclosure requirements for lobbyists who although I find merit in many of the amend- tleman, knowing the way this place contact legislative and executive branch offi- ments which are being offered during floor functions, that we will have a new bill cials and their staffs. consideration of H.R. 2564, I am voting come out, his language will be in it in Lobbying reform legislation is long overdue. against all changes to the underlying bill to some form, and if he does not like that In fact, Congress has failed to agree to com- avoid sending the legislation into a protracted form, we will have a vote on the floor prehensive legislation on this issue for 49 House-Senate conference. This scenario on his language, because we need a years. I have served in this body for almost 3 would result in delay and disagreement be- vote on this and other issues, and I can years and I am relieved to finally have the op- tween the two Chambers, which has in fact guarantee he can have a vote on this portunity to vote for genuine lobbying reform. undermined previous attempts at lobbying re- floor and I will be supporting it. Today, when the House adopts a rule to form. Mr. SHAYS. Mr. Chairman, will the ban lobbyists from giving, and Members from Mr. Chairman, improvements in our out- gentleman yield? receiving, unnecessary gifts, such as meals dated lobbying registration and disclosure re- Mr. TRAFICANT. I yield to the gen- and vacations, it will be amending the 1946 quirements are long overdue. By promptly tleman from Connecticut. Federal Regulation and Lobbying Act. passing H.R. 2564 without amendment, we Mr. SHAYS. Mr. Chairman, I would The 1946 act is seen as having broad defi- can send this important measure to the Presi- like to point out, there are a number of ciencies: among other weaknesses, it does dent's desk for signature into law. I am hope- others of us who would like to speak in not cover executive branch lobbying, grass- ful that the House will consider separate legis- favor of such effort. roots lobbying, or the lobbying of congres- lation relating to the issues raised through the Mr. TRAFICANT. With that, Mr. sional staff. These deficiencies have dimin- amendment process in the coming months. Chairman, I think we have at least ished the public's trust in Congress and its ac- Mr. Chairman, I urge my colleagues to ap- made our case. The blind trusts of the tions. prove this legislation in the same form as Senate are important, but there is the This issue should concern all Americans, passed by the Senate. H.R. 2564 is an impor- blindsiding of our economy by individ- because it indicates where the sympathies of tant reform bill which is worthy of strong bipar- uals trying to operate and get around their own Representatives lie, with them and tisan support. it. I agree, the gentleman’s intentions their neighbors or with special interest groups The CHAIRMAN. Are there further are honorable. based in Washington. amendments to the bill? Mr. Chairman, I ask unanimous con- Polls clearly show that citizens continue to If not, under the rule, the Committee sent that my amendment, which in believe that special interests control the out- rises. text and in substance will be included come of legislative debate. It is time for the Accordingly the Committee rose; and in further legislation, from what I have House of Representatives and all of its Mem- the Speaker pro tempore (Mr. ALLARD) heard, now be withdrawn and there be bers to answer to the public's demand for lob- having assumed the chair, Mr. KOLBE, no labor of a vote. bying reform. Chairman of the Committee of the The CHAIRMAN. Is there objection The Lobbying Disclosure Act of 1995 re- Whole House on the State of the Union, to the request of the gentleman from forms the way special interest groups and lob- reported that that Committee, having Ohio? byists unduly influence legislation on Capitol had under consideration the bill (H.R. There was no objection. Hill. The legislation holds lobbyists responsible 2564) to provide for the disclosure of Mr. REED. Mr. Chairman, I am pleased that and if they break the law, they will be pun- lobbying activities to influence the today, the House of Representatives is consid- ished with tens of thousands of dollars in Federal Government, and for other pur- ering H.R. 2564, legislation that will make fines. I urge all my colleagues to support H.R. poses, pursuant to House Resolution long-overdue lobbying reforms. By approving 2564. 269, he reported the bill back to the this measure, the House will make real Mr. FAWELL. Mr. Chairman, I rise in sup- House. changes in the lobbying process, and take an port of H.R. 2564, the Lobbying Disclosure Act The SPEAKER pro tempore. Under important step toward restoring the American of 1995. Unfortunately, current lobbying disclo- the rule, the previous question is or- people's faith in their government. sure requirements are riddled with loopholes, dered. Too often in the past, Congress has failed which may lead public officials to enact poli- The question is on the engrossment to effectively address the problems plaguing cies that benefit special interests, rather than and third reading of the bill. the lobbying process. Last year, for example, the public good. Building on Republican efforts The bill was ordered to be engrossed the House worked in a bipartisan manner to to end business as usual in Washington, H.R. and read a third time, and was read the approve meaningful lobbying reform legisla- 2564 would impose strict registration and dis- third time. tion, only to see the maneuvers of a few Re- closure requirements for lobbyists who contact The SPEAKER pro tempore. The publicans in the Senate block its enactment. legislative and executive branch officials or question is on the passage of the bill. Throughout this year, Democrats have their staffs. The bill would impose civil pen- The question was taken; and the called upon the Republican majority to move alties on lobbyists who fail to file or who report Speaker pro tempore announced that forward with similarly meaningful lobbying re- false information, prohibit former U.S. trade of- the ayes appeared to have it. form legislation. By bringing H.R. 2564 to the ficials from representing foreign entities, and Mr. CANADY of Florida. Mr. Speak- floor, the Republicans have at last heard and expand financial disclosure requirements for er, I object to the vote on the ground answered this call. This bill would require pro- Members of Congress. that a quorum is not present and make fessional lobbyists to identify their clients and In order to ensure that individuals who peti- the point of order that a quorum is not disclose how much they are paid for their ef- tion their congressional and Government rep- present. forts. It would also guarantee the American resentatives are not unfairly burdened with The SPEAKER pro tempore. Evi- people full access to this information. disclosure laws, H.R. 2564 defines a lobbyist dently a quorum is not present. Earlier this month, the Judiciary Committee, as any individual who is employed or retained The Sergeant at Arms will notify ab- of which I am a member, recognized the im- for compensation for services that include sent Members. portance of real lobbying reform and unani- more than one lobbying contact, other than an The vote was taken by electronic de- mously approved H.R. 2564. This impressive, individual whose lobbying activities constitute vice, and there were—yeas 421, nays 0, bipartisan support offers great promise for to- less than 20 percent of the time engaged in not voting 11, as follows: day's debate on the measure. the services provided by such individual to [Roll No. 828] Two weeks ago, the House demonstrated that client over a 6-month period. its commitment to reform by approving tough, There is strong bipartisan support for this YEAS—421 new gift rules. Today, the House can take an- legislation. In fact, the Senate passed an iden- Abercrombie Andrews Bachus Ackerman Archer Baesler other step on the path toward needed reform tical version of this legislationÐS. 1060Ðon Allard Armey Baker (CA) and restored public faith in Government. I urge July 25, 1995, by a vote of 98 to 0. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13745 Baker (LA) Ehlers Kim Pombo Sensenbrenner Tiahrt ernment, and for other purposes, and Baldacci Ehrlich King Pomeroy Serrano Torkildsen ask for its immediate consideration in Ballenger Emerson Kingston Porter Shadegg Torres Barcia Engel Kleczka Portman Shaw Torricelli the House. Barr English Klink Poshard Shays Traficant The Clerk read the title of the Senate Barrett (NE) Ensign Klug Pryce Shuster Upton bill. Barrett (WI) Eshoo Knollenberg Quillen Sisisky Velazquez The text of the Senate bill is as fol- Bartlett Evans Kolbe Quinn Skaggs Vento Barton Everett LaFalce Radanovich Skeen Visclosky lows: Bass Ewing LaHood Rahall Skelton Volkmer Be it enacted by the Senate and House of Rep- Bateman Farr Lantos Ramstad Slaughter Vucanovich resentatives of the United States of America in Becerra Fawell Largent Rangel Smith (MI) Waldholtz Congress assembled, Beilenson Fazio Latham Reed Smith (NJ) Walker SECTION 1. SHORT TITLE. Bentsen Fields (LA) LaTourette Regula Smith (TX) Walsh This Act may be cited as the ‘‘Lobbying Bereuter Fields (TX) Laughlin Richardson Smith (WA) Wamp Disclosure Act of 1995’’. Berman Filner Lazio Rivers Solomon Ward Roberts Souder Watt (NC) SEC. 2. FINDINGS. Bevill Flanagan Leach The Congress finds that— Bilbray Foglietta Levin Roemer Spence Watts (OK) Bilirakis Foley Lewis (CA) Rogers Spratt Waxman (1) responsible representative Government Bishop Forbes Lewis (GA) Rohrabacher Stark Weldon (FL) requires public awareness of the efforts of Bliley Ford Lewis (KY) Ros-Lehtinen Stearns Weldon (PA) paid lobbyists to influence the public deci- Blute Fowler Lightfoot Rose Stenholm Weller sionmaking process in both the legislative Boehlert Fox Lincoln Roukema Stockman White and executive branches of the Federal Gov- Boehner Frank (MA) Linder Roybal-Allard Stokes Whitfield ernment; Royce Studds Wicker Bonilla Franks (CT) Lipinski (2) existing lobbying disclosure statutes Bonior Franks (NJ) Livingston Rush Stump Williams Sabo Stupak Wilson have been ineffective because of unclear Bono Frelinghuysen LoBiondo statutory language, weak administrative and Borski Frisa Lofgren Salmon Talent Wise Boucher Frost Longley Sanders Tanner Wolf enforcement provisions, and an absence of Brewster Funderburk Lowey Sanford Tate Woolsey clear guidance as to who is required to reg- Browder Furse Lucas Sawyer Tauzin Wyden ister and what they are required to disclose; Saxton Taylor (MS) Wynn Brown (CA) Gallegly Luther and Scarborough Taylor (NC) Yates Brown (FL) Ganske Maloney (3) the effective public disclosure of the Schaefer Tejeda Young (AK) Brown (OH) Gejdenson Manton Schiff Thomas Young (FL) identity and extent of the efforts of paid lob- Brownback Gekas Manzullo Schroeder Thompson Zeliff byists to influence Federal officials in the Bryant (TN) Gephardt Markey Schumer Thornberry Zimmer conduct of Government actions will increase Bryant (TX) Geren Martinez Scott Thornton public confidence in the integrity of Govern- Bunn Gibbons Martini Seastrand Thurman Bunning Gilchrest Mascara ment. Burr Gillmor Matsui NOT VOTING—11 SEC. 3. DEFINITIONS. Burton Gilman McCarthy As used in this Act: Cox Flake Towns Buyer Gonzalez McCollum (1) AGENCY.—The term ‘‘agency’’ has the Crane Hefner Tucker Callahan Goodlatte McCrery de la Garza Riggs Waters meaning given that term in section 551(1) of Calvert Goodling McDade Fattah Roth title 5, United States Code. Camp Gordon McDermott (2) CLIENT.—The term ‘‘client’’ means any Canady Goss McHale b 1134 person or entity that employs or retains an- Cardin Graham McHugh other person for financial or other compensa- Castle Green McInnis Mrs. LINCOLN and Mr. OWENS tion to conduct lobbying activities on behalf Chabot Greenwood McIntosh changed their vote from ‘‘nay’’ to Chambliss Gunderson McKeon of that person or entity. A person or entity Chapman Gutierrez McKinney ‘‘yea.’’ whose employees act as lobbyists on its own Chenoweth Gutknecht McNulty So the bill was passed. behalf is both a client and an employer of Christensen Hall (OH) Meehan The result of the vote was announced such employees. In the case of a coalition or Chrysler Hall (TX) Meek association that employs or retains other Clay Hamilton Menendez as above recorded. Clayton Hancock Metcalf A motion to reconsider was laid on persons to conduct lobbying activities, the Clement Hansen Meyers the table. client is the coalition or association and not Clinger Harman Mfume its individual members. Clyburn Hastert Mica f (3) COVERED EXECUTIVE BRANCH OFFICIAL.— Coble Hastings (FL) Miller (CA) The term ‘‘covered executive branch offi- Coburn Hastings (WA) Miller (FL) PERSONAL EXPLANATION cial’’ means— Coleman Hayes Minge (A) the President; Collins (GA) Hayworth Mink Mr. COX of California. Mr. Speaker, on roll- Collins (IL) Hefley Moakley call No. 828, I was necessarily detained due (B) the Vice President; Collins (MI) Heineman Molinari to official business. Had I been present, I (C) any officer or employee, or any other Combest Herger Mollohan would have voted ``yea.'' individual functioning in the capacity of Condit Hilleary Montgomery such an officer or employee, in the Executive Conyers Hilliard Moorhead f Office of the President; Cooley Hinchey Moran (D) any officer or employee serving in a po- Costello Hobson Morella PERSONAL EXPLANATION sition in level I, II, III, IV, or V of the Execu- Coyne Hoekstra Murtha Cramer Hoke Myers Mr. RIGGS. Mr. Speaker, on rollcall No. tive Schedule, as designated by statute or Crapo Holden Myrick 828, I was unavoidably detained on other leg- Executive order; Cremeans Horn Nadler islative business and was not able to cast my (E) any member of the uniformed services Cubin Hostettler Neal whose pay grade is at or above O–7 under sec- Cunningham Houghton Nethercutt vote within the allotted time. Had I been tion 201 of title 37, United States Code; and Danner Hoyer Neumann present, I would have voted ``yea.'' (F) any officer or employee serving in a po- Davis Hunter Ney f sition of a confidential, policy-determining, Deal Hutchinson Norwood DeFazio Hyde Nussle policy-making, or policy-advocating char- DeLauro Inglis Oberstar GENERAL LEAVE acter described in section 7511(b)(2) of title 5, DeLay Istook Obey Mr. CANADY of Florida. Mr. Speak- United States Code. Dellums Jackson-Lee Olver er, I ask unanimous consent that all (4) COVERED LEGISLATIVE BRANCH OFFI- Deutsch Jacobs Ortiz CIAL.—The term ‘‘covered legislative branch Diaz-Balart Jefferson Orton Members may have 5 legislative days official’’ means— Dickey Johnson (CT) Owens to revise and extend their remarks on (A) a Member of Congress; Dicks Johnson (SD) Oxley H.R. 2564, the bill just passed. Dingell Johnson, E. B. Packard (B) an elected officer of either House of Dixon Johnson, Sam Pallone The SPEAKER pro tempore (Mr. AL- Congress; Doggett Johnston Parker LARD). Is there objection to the request (C) any employee of, or any other individ- Dooley Jones Pastor of the gentleman from Florida? ual functioning in the capacity of an em- Doolittle Kanjorski Paxon ployee of— Dornan Kaptur Payne (NJ) There was no objection. Mr. CANADY of Florida. Mr. Speak- (i) a Member of Congress; Doyle Kasich Payne (VA) (ii) a committee of either House of Con- Dreier Kelly Pelosi er, pursuant to House Resolution 269, I gress; Duncan Kennedy (MA) Peterson (FL) call up the Senate bill (S. 1060) to pro- Dunn Kennedy (RI) Peterson (MN) (iii) the leadership staff of the House of Durbin Kennelly Petri vide for the disclosure of lobbying ac- Representatives or the leadership staff of the Edwards Kildee Pickett tivities to influence the Federal Gov- Senate; H 13746 CONGRESSIONAL RECORD — HOUSE November 29, 1995

(iv) a joint committee of Congress; and (ix) required by subpoena, civil investiga- (10) LOBBYIST.—The term ‘‘lobbyist’’ means (v) a working group or caucus organized to tive demand, or otherwise compelled by stat- any individual who is employed or retained provide legislative services or other assist- ute, regulation, or other action of the Con- by a client for financial or other compensa- ance to Members of Congress; and gress or an agency; tion for services that include more than one (D) any other legislative branch employee (x) made in response to a notice in the Fed- lobbying contact, other than an individual serving in a position described under section eral Register, Commerce Business Daily, or whose lobbying activities constitute less 109(13) of the Ethics in Government Act of other similar publication soliciting commu- than 20 percent of the time engaged in the 1978 (5 U.S.C. App.). nications from the public and directed to the services provided by such individual to that (5) EMPLOYEE.—The term ‘‘employee’’ agency official specifically designated in the client over a six month period. means any individual who is an officer, em- notice to receive such communications; (11) MEDIA ORGANIZATION.—The term ployee, partner, director, or proprietor of a (xi) not possible to report without disclos- ‘‘media organization’’ means a person or en- person or entity, but does not include— ing information, the unauthorized disclosure tity engaged in disseminating information to (A) independent contractors; or of which is prohibited by law; the general public through a newspaper, (B) volunteers who receive no financial or (xii) made to an official in an agency with magazine, other publication, radio, tele- other compensation from the person or en- regard to— vision, cable television, or other medium of tity for their services. (I) a judicial proceeding or a criminal or mass communication. civil law enforcement inquiry, investigation, (6) FOREIGN ENTITY.—The term ‘‘foreign en- (12) MEMBER OF CONGRESS.—The term tity’’ means a foreign principal (as defined in or proceeding; or ‘‘Member of Congress’’ means a Senator or a (II) a filing or proceeding that the Govern- section 1(b) of the Foreign Agents Registra- Representative in, or Delegate or Resident ment is specifically required by statute or tion Act of 1938 (22 U.S.C. 611(b)). Commissioner to, the Congress. regulation to maintain or conduct on a con- (7) LOBBYING ACTIVITIES.—The term ‘‘lobby- (13) ORGANIZATION.—The term ‘‘organiza- fidential basis, ing activities’’ means lobbying contacts and tion’’ means a person or entity other than an efforts in support of such contacts, including if that agency is charged with responsibility individual. preparation and planning activities, research for such proceeding, inquiry, investigation, (14) PERSON OR ENTITY.—The term ‘‘person and other background work that is intended, or filing; or entity’’ means any individual, corpora- at the time it is performed, for use in con- (xiii) made in compliance with written tion, company, foundation, association, tacts, and coordination with the lobbying ac- agency procedures regarding an adjudication labor organization, firm, partnership, soci- tivities of others. conducted by the agency under section 554 of ety, joint stock company, group of organiza- (8) LOBBYING CONTACT.— title 5, United States Code, or substantially tions, or State or local government. (A) DEFINITION.—The term ‘‘lobbying con- similar provisions; (15) PUBLIC OFFICIAL.—The term ‘‘public of- tact’’ means any oral or written communica- (xiv) a written comment filed in the course ficial’’ means any elected official, appointed tion (including an electronic communica- of a public proceeding or any other commu- official, or employee of— tion) to a covered executive branch official nication that is made on the record in a pub- (A) a Federal, State, or local unit of gov- or a covered legislative branch official that lic proceeding; ernment in the United States other than— is made on behalf of a client with regard to— (xv) a petition for agency action made in (i) a college or university; (i) the formulation, modification, or adop- writing and required to be a matter of public (ii) a government-sponsored enterprise (as record pursuant to established agency proce- tion of Federal legislation (including legisla- defined in section 3(8) of the Congressional dures; tive proposals); Budget and Impoundment Control Act of (xvi) made on behalf of an individual with (ii) the formulation, modification, or adop- 1974); regard to that individual’s benefits, employ- tion of a Federal rule, regulation, Executive (iii) a public utility that provides gas, elec- ment, or other personal matters involving order, or any other program, policy, or posi- tricity, water, or communications; only that individual, except that this clause tion of the United States Government; (iv) a guaranty agency (as defined in sec- does not apply to any communication with— (iii) the administration or execution of a tion 435(j) of the Higher Education Act of (I) a covered executive branch official, or Federal program or policy (including the ne- 1965 (20 U.S.C. 1085(j))), including any affili- (II) a covered legislative branch official gotiation, award, or administration of a Fed- ate of such an agency; or (other than the individual’s elected Members (v) an agency of any State functioning as a eral contract, grant, loan, permit, or li- of Congress or employees who work under cense); or student loan secondary market pursuant to such Members’ direct supervision), section 435(d)(1)(F) of the Higher Education (iv) the nomination or confirmation of a with respect to the formulation, modifica- person for a position subject to confirmation Act of 1965 (20 U.S.C. 1085(d)(1)(F)); tion, or adoption of private legislation for (B) a Government corporation (as defined by the Senate. the relief of that individual; (B) EXCEPTIONS.—The term ‘‘lobbying con- in section 9101 of title 31, United States (xvii) a disclosure by an individual that is Code); tact’’ does not include a communication that protected under the amendments made by is— (C) an organization of State or local elect- the Whistleblower Protection Act of 1989, ed or appointed officials other than officials (i) made by a public official acting in the under the Inspector General Act of 1978, or public official’s official capacity; of an entity described in clause (i), (ii), (iii), under another provision of law; (iv), or (v) of subparagraph (A); (ii) made by a representative of a media or- (xviii) made by— (D) an Indian tribe (as defined in section ganization if the purpose of the communica- (I) a church, its integrated auxiliary, or a 4(e) of the Indian Self-Determination and tion is gathering and disseminating news and convention or association of churches that is Education Assistance Act (25 U.S.C. 450b(e)); information to the public; exempt from filing a Federal income tax re- (E) a national or State political party or (iii) made in a speech, article, publication turn under paragraph 2(A)(i) of section any organizational unit thereof; or or other material that is distributed and 6033(a) of the Internal Revenue Code of 1986, (F) a national, regional, or local unit of made available to the public, or through or any foreign government. radio, television, cable television, or other (II) a religious order that is exempt from (16) STATE.—The term ‘‘State’’ means each medium of mass communication; filing a Federal income tax return under of the several States, the District of Colum- (iv) made on behalf of a government of a paragraph (2)(A)(iii) of such section 6033(a); foreign country or a foreign political party and bia, and any commonwealth, territory, or and disclosed under the Foreign Agents Reg- (xix) between— possession of the United States. istration Act of 1938 (22 U.S.C. 611 et seq.); (I) officials of a self-regulatory organiza- SEC. 4. REGISTRATION OF LOBBYISTS. (v) a request for a meeting, a request for tion (as defined in section 3(a)(26) of the Se- (a) REGISTRATION.— the status of an action, or any other similar curities Exchange Act) that is registered (1) GENERAL RULE.—No later than 45 days administrative request, if the request does with or established by the Securities and Ex- after a lobbyist first makes a lobbying con- not include an attempt to influence a cov- change Commission as required by that Act tact or is employed or retained to make a ered executive branch official or a covered or a similar organization that is designated lobbying contact, whichever is earlier, such legislative branch official; by or registered with the Commodities Fu- lobbyist (or, as provided under paragraph (2), (vi) made in the course of participation in ture Trading Commission as provided under the organization employing such lobbyist), an advisory committee subject to the Fed- the Commodity Exchange Act; and shall register with the Secretary of the Sen- eral Advisory Committee Act; (II) the Securities and Exchange Commis- ate and the Clerk of the House of Represent- (vii) testimony given before a committee, sion or the Commodities Future Trading atives. subcommittee, or task force of the Congress, Commission, respectively; (2) EMPLOYER FILING.—Any organization or submitted for inclusion in the public relating to the regulatory responsibilities of that has 1 or more employees who are lobby- record of a hearing conducted by such com- such organization under that Act. ists shall file a single registration under this mittee, subcommittee, or task force; (9) LOBBYING FIRM.—The term ‘‘lobbying section on behalf of such employees for each (viii) information provided in writing in re- firm’’ means a person or entity that has 1 or client on whose behalf the employees act as sponse to an oral or written request by a cov- more employees who are lobbyists on behalf lobbyists. ered executive branch official or a covered of a client other than that person or entity. (3) EXEMPTION.— legislative branch official for specific infor- The term also includes a self-employed indi- (A) GENERAL RULE.—Notwithstanding para- mation; vidual who is a lobbyist. graphs (1) and (2), a person or entity whose— November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13747 (i) total income for matters related to lob- under this section shall be filed for each such SEC. 6. DISCLOSURE AND ENFORCEMENT. bying activities on behalf of a particular cli- client. The Secretary of the Senate and the Clerk ent (in the case of a lobbying firm) does not (2) MULTIPLE CONTACTS.—A registrant who of the House of Representatives shall— exceed and is not expected to exceed $5,000; makes more than 1 lobbying contact for the (1) provide guidance and assistance on the or same client shall file a single registration registration and reporting requirements of (ii) total expenses in connection with lob- covering all such lobbying contacts. this Act and develop common standards, bying activities (in the case of an organiza- (d) TERMINATION OF REGISTRATION.—A reg- rules, and procedures for compliance with tion whose employees engage in lobbying ac- istrant who after registration— this Act; tivities on its own behalf) do not exceed or (1) is no longer employed or retained by a (2) review, and, where necessary, verify and are not expected to exceed $20,000, client to conduct lobbying activities, and inquire to ensure the accuracy, complete- (as estimated under section 5) in the semi- (2) does not anticipate any additional lob- ness, and timeliness of registration and re- annual period described in section 5(a) dur- bying activities for such client, ports; ing which the registration would be made is may so notify the Secretary of the Senate (3) develop filing, coding, and cross-index- not required to register under subsection (a) and the Clerk of the House of Representa- ing systems to carry out the purpose of this with respect to such client. tives and terminate its registration. Act, including— (B) ADJUSTMENT.—The dollar amounts in SEC. 5. REPORTS BY REGISTERED LOBBYISTS. (A) a publicly available list of all reg- subparagraph (A) shall be adjusted— (a) SEMIANNUAL REPORT.—No later than 45 istered lobbyists, lobbying firms, and their (i) on January 1, 1997, to reflect changes in days after the end of the semiannual period clients; and the Consumer Price Index (as determined by beginning on the first day of each January (B) computerized systems designed to min- the Secretary of Labor) since the date of en- and the first day of July of each year in imize the burden of filing and maximize pub- actment of this Act; and which a registrant is registered under sec- lic access to materials filed under this Act; (ii) on January 1 of each fourth year occur- tion 4, each registrant shall file a report (4) make available for public inspection ring after January 1, 1997, to reflect changes with the Secretary of the Senate and the and copying at reasonable times the reg- in the Consumer Price Index (as determined Clerk of the House of Representatives on its istrations and reports filed under this Act; by the Secretary of Labor) during the pre- lobbying activities during such semiannual (5) retain registrations for a period of at ceding 4-year period, period. A separate report shall be filed for least 6 years after they are terminated and reports for a period of at least 6 years after rounded to the nearest $500. each client of the registrant. they are filed; (b) CONTENTS OF REGISTRATION.—Each reg- (b) CONTENTS OF REPORT.—Each semi- istration under this section shall contain— annual report filed under subsection (a) shall (6) compile and summarize, with respect to (1) the name, address, business telephone contain— each semiannual period, the information number, and principal place of business of (1) the name of the registrant, the name of contained in registrations and reports filed the registrant, and a general description of the client, and any changes or updates to the with respect to such period in a clear and its business or activities; information provided in the initial registra- complete manner; (2) the name, address, and principal place tion; (7) notify any lobbyist or lobbying firm in of business of the registrant’s client, and a (2) for each general issue area in which the writing that may be in noncompliance with general description of its business or activi- registrant engaged in lobbying activities on this Act; and ties (if different from paragraph (1)); behalf of the client during the semiannual (8) notify the United States Attorney for (3) the name, address, and principal place filing period— the District of Columbia that a lobbyist or of business of any organization, other than (A) a list of the specific issues upon which lobbying firm may be in noncompliance with the client, that— a lobbyist employed by the registrant en- this Act, if the registrant has been notified (A) contributes more than $10,000 toward gaged in lobbying activities, including, to in writing and has failed to provide an appro- the lobbying activities of the registrant in a the maximum extent practicable, a list of priate response within 60 days after notice semiannual period described in section 5(a); bill numbers and references to specific exec- was given under paragraph (6). and utive branch actions; SEC. 7. PENALTIES. (B) in whole or in major part plans, super- (B) a statement of the Houses of Congress Whoever knowingly fails to— vises, or controls such lobbying activities. and the Federal agencies contacted by lobby- (1) remedy a defective filing within 60 days (4) the name, address, principal place of ists employed by the registrant on behalf of after notice of such a defect by the Secretary business, amount of any contribution of the client; of the Senate or the Clerk of the House of more than $10,000 to the lobbying activities (C) a list of the employees of the registrant Representatives; or of the registrant, and approximate percent- who acted as lobbyists on behalf of the cli- (2) comply with any other provision of this age of equitable ownership in the client (if ent; and Act; shall, upon proof of such knowing viola- any) of any foreign entity that— (D) a description of the interest, if any, of tion by a preponderance of the evidence, be (A) holds at least 20 percent equitable own- any foreign entity identified under section subject to a civil fine of not more than ership in the client or any organization iden- 4(b)(4) in the specific issues listed under sub- $50,000, depending on the extent and gravity tified under paragraph (3); paragraph (A). of the violation. (B) directly or indirectly, in whole or in (3) in the case of a lobbying firm, a good SEC. 8. RULES OF CONSTRUCTION. major part, plans, supervises, controls, di- faith estimate of the total amount of all in- (a) CONSTITUTIONAL RIGHTS.—Nothing in rects, finances, or subsidizes the activities of come from the client (including any pay- this Act shall be construed to prohibit or the client or any organization identified ments to the registrant by any other person interfere with— under paragraph (3); or for lobbying activities on behalf of the cli- (1) the right to petition the government for (C) is an affiliate of the client or any orga- ent) during the semiannual period, other the redress of grievances; nization identified under paragraph (3) and than income for matters that are unrelated (2) the right to express a personal opinion; has a direct interest in the outcome of the to lobbying activities; and or lobbying activity; (4) in the case of a registrant engaged in (3) the right of association, (5) a statement of— lobbying activities on its own behalf, a good protected by the first amendment to the (A) the general issue areas in which the faith estimate of the total expenses that the Constitution. registrant expects to engage in lobbying ac- registrant and its employees incurred in con- (b) PROHIBITION OF ACTIVITIES.—Nothing in tivities on behalf of the client; and nection with lobbying activities during the this Act shall be construed to prohibit, or to (B) to the extent practicable, specific is- semiannual filing period. authorize any court to prohibit, lobbying ac- sues that have (as of the date of the registra- (c) ESTIMATES OF INCOME OR EXPENSES.— tivities or lobbying contacts by any person tion) already been addressed or are likely to For purposes of this section, estimates of in- or entity, regardless of whether such person be addressed in lobbying activities; and come or expenses shall be made as follows: or entity is in compliance with the require- (6) the name of each employee of the reg- (1) Estimates of amounts in excess of ments of this Act. istrant who has acted or whom the reg- $10,000 shall be rounded to the nearest (c) AUDIT AND INVESTIGATIONS.—Nothing in istrant expects to act as a lobbyist on behalf $20,000. this Act shall be construed to grant general of the client and, if any such employee has (2) In the event income or expenses do not audit or investigative authority to the Sec- served as a covered executive branch official exceed $10,000, the registrant shall include a retary of the Senate or the Clerk of the or a covered legislative branch official in the statement that income or expenses totaled House of Representatives. 2 years before the date on which such em- less than $10,000 for the reporting period. SEC. 9. AMENDMENTS TO THE FOREIGN AGENTS ployee first acted (after the date of enact- (3) A registrant that reports lobbying ex- REGISTRATION ACT. ment of this Act) as a lobbyist on behalf of penditures pursuant to section 6033(b)(8) of The Foreign Agents Registration Act of the client, the position in which such em- the Internal Revenue Code of 1986 may sat- 1938 (22 U.S.C. 611 et seq.) is amended— ployee served. isfy the requirement to report income or ex- (1) in section 1— (c) GUIDELINES FOR REGISTRATION.— penses by filing with the Secretary of the (A) by striking subsection (j); (1) MULTIPLE CLIENTS.—In the case of a reg- Senate and the Clerk of the House of Rep- (B) in subsection (o) by striking ‘‘the dis- istrant making lobbying contacts on behalf resentatives a copy of the form filed in ac- semination of political propaganda and any of more than 1 client, a separate registration cordance with section 6033(b)(8). other activity which the person engaging H 13748 CONGRESSIONAL RECORD — HOUSE November 29, 1995 therein believes will, or which he intends to, (2) in paragraph (3) by striking all that fol- legislative branch official or a covered exec- prevail upon, indoctrinate, convert, induce, lows ‘‘loan shall contain’’ and inserting ‘‘the utive branch official shall— persuade, or in any other way influence’’ and name of any registrant under the Lobbying (1) if the client on whose behalf the lobby- inserting ‘‘any activity that the person en- Disclosure Act of 1995 who has made lobbying contact was made is a foreign entity, gaging in believes will, or that the person in- ing contacts on behalf of the person in con- identify such client, state that the client is tends to, in any way influence’’; nection with that loan insurance or guaran- considered a foreign entity under this Act, (C) in subsection (p) by striking the semi- tee.’’; and and state whether the person making the colon and inserting a period; and (3) by striking paragraph (6) and redesig- lobbying contact is registered on behalf of (D) by striking subsection (q); nating paragraph (7) as paragraph (6). that client under section 4; and (2) in section 3(g) (22 U.S.C. 613(g)), by (b) REMOVAL OF OBSOLETE REPORTING RE- (2) identify any other foreign entity identi- striking ‘‘established agency proceedings, QUIREMENT.—Section 1352 of title 31, United fied pursuant to section 4(b)(4) that has a di- whether formal or informal.’’ and inserting States Code, is further amended— rect interest in the outcome of the lobbying ‘‘judicial proceedings, criminal or civil law (1) by striking subsection (d); and activity. enforcement inquiries, investigations, or (2) by redesignating subsections (e), (f), (g), (c) IDENTIFICATION AS COVERED OFFICIAL.— proceedings, or agency proceedings required and (h) as subsections (d), (e), (f), and (g), re- Upon request by a person or entity making a by statute or regulation to be conducted on spectively. lobbying contact, the individual who is con- the record.’’; SEC. 11. REPEAL OF CERTAIN LOBBYING PROVI- tacted or the office employing that individ- (3) in section 3 (22 U.S.C. 613) by adding at SIONS. ual shall indicate whether or not the individ- the end the following: (a) REPEAL OF THE FEDERAL REGULATION OF ual is a covered legislative branch official or ‘‘(h) Any agent of a person described in sec- LOBBYING ACT.—The Federal Regulation of a covered executive branch official. tion 1(b)(2) or an entity described in section Lobbying Act (2 U.S.C. 261 et seq.) is repealed. SEC. 15. ESTIMATES BASED ON TAX REPORTING 1(b)(3) if the agent is required to register and SYSTEM. does register under the Lobbying Disclosure (b) REPEAL OF PROVISIONS RELATING TO Act of 1995 in connection with the agent’s HOUSING LOBBYIST ACTIVITIES.— (a) ENTITIES COVERED BY SECTION 6033(b) OF representation of such person or entity.’’; (1) Section 13 of the Department of Hous- THE INTERNAL REVENUE CODE OF 1986.—A reg- (4) in section 4(a) (22 U.S.C. 614(a))— ing and Urban Development Act (42 U.S.C. istrant that is required to report and does re- (A) by striking ‘‘political propaganda’’ and 3537b) is repealed. port lobbying expenditures pursuant to sec- inserting ‘‘informational materials’’; and (2) Section 536(d) of the Housing Act of 1949 tion 6033(b)(8) of the Internal Revenue Code (B) by striking ‘‘and a statement, duly (42 U.S.C. 1490p(d)) is repealed. of 1986 may— (1) make a good faith estimate (by cat- signed by or on behalf of such an agent, set- SEC. 12. CONFORMING AMENDMENTS TO OTHER ting forth full information as to the places, STATUTES. egory of dollar value) of applicable amounts times, and extent of such transmittal’’; (a) AMENDMENT TO COMPETITIVENESS POL- that would be required to be disclosed under (5) in section 4(b) (22 U.S.C. 614(b))— ICY COUNCIL ACT.—Section 5206(e) of the such section for the appropriate semiannual (A) in the matter preceding clause (i), by Competitiveness Policy Council Act (15 period to meet the requirements of sections striking ‘‘political propaganda’’ and insert- U.S.C. 4804(e)) is amended by inserting ‘‘or a 4(a)(3), 5(a)(2), and 5(b)(4); and ing ‘‘informational materials’’; and lobbyist for a foreign entity (as the terms (2) in lieu of using the definition of ‘‘lobby- (B) by striking ‘‘(i) in the form of prints, ‘lobbyist’ and ‘foreign entity’ are defined ing activities’’ in section 3(8) of this Act, or’’ and all that follows through the end of under section 3 of the Lobbying Disclosure consider as lobbying activities only those ac- the subsection and inserting ‘‘without plac- Act of 1995)’’ after ‘‘an agent for a foreign tivities that are influencing legislation as ing in such informational materials a con- principal’’. defined in section 4911(d) of the Internal Rev- spicuous statement that the materials are (b) AMENDMENTS TO TITLE 18, UNITED enue Code of 1986. distributed by the agent on behalf of the for- STATES CODE.—Section 219(a) of title 18, (b) ENTITIES COVERED BY SECTION 162(e) OF eign principal, and that additional informa- United States Code, is amended— THE INTERNAL REVENUE CODE OF 1986.—A reg- tion is on file with the Department of Jus- (1) by inserting ‘‘or a lobbyist required to istrant that is subject to section 162(e) of the tice, Washington, District of Columbia. The register under the Lobbying Disclosure Act Internal Revenue Code of 1986 may— Attorney General may by rule define what of 1995 in connection with the representation (1) make a good faith estimate (by cat- constitutes a conspicuous statement for the of a foreign entity, as defined in section 3(7) egory of dollar value) of applicable amounts purposes of this subsection.’’; of that Act’’ after ‘‘an agent of a foreign that would not be deductible pursuant to (6) in section 4(c) (22 U.S.C. 614(c)), by principal required to register under the For- such section for the appropriate semiannual striking ‘‘political propaganda’’ and insert- eign Agents Registration Act of 1938’’; and period to meet the requirements of sections ing ‘‘informational materials’’; (2) by striking out ‘‘, as amended,’’. 4(a)(3), 5(a)(2), and 5(b)(4); and (7) in section 6 (22 U.S.C. 616)— (c) AMENDMENT TO FOREIGN SERVICE ACT OF (2) in lieu of using the definition of ‘‘lobby- (A) in subsection (a) by striking ‘‘and all 1980.—Section 602(c) of the Foreign Service ing activities’’ in section 3(8) of this Act, statements concerning the distribution of Act of 1980 (22 U.S.C. 4002(c)) is amended by consider as lobbying activities only those ac- political propaganda’’; inserting ‘‘or a lobbyist for a foreign entity tivities, the costs of which are not deductible (B) in subsection (b) by striking ‘‘, and one (as defined in section 3(7) of the Lobbying pursuant to section 162(e) of the Internal copy of every item of political propaganda’’; Disclosure Act of 1995)’’ after ‘‘an agent of a Revenue Code of 1986. and foreign principal (as defined by section 1(b) (c) DISCLOSURE OF ESTIMATE.—Any reg- (C) in subsection (c) by striking ‘‘copies of of the Foreign Agents Registration Act of istrant that elects to make estimates re- political propaganda,’’; 1938)’’. quired by this Act under the procedures au- (8) in section 8 (22 U.S.C. 618)— SEC. 13. SEVERABILITY. thorized by subsection (a) or (b) for reporting (A) in subsection (a)(2) by striking ‘‘or in If any provision of this Act, or the applica- or threshold purposes shall— any statement under section 4(a) hereof con- tion thereof, is held invalid, the validity of (1) inform the Secretary of the Senate and cerning the distribution of political propa- the remainder of this Act and the applica- the Clerk of the House of Representatives ganda’’; and tion of such provision to other persons and that the registrant has elected to make its (B) by striking subsection (d); and circumstances shall not be affected thereby. estimates under such procedures; and (9) in section 11 (22 U.S.C. 621) by striking SEC. 14. IDENTIFICATION OF CLIENTS AND COV- (2) make all such estimates, in a given cal- ‘‘, including the nature, sources, and content ERED OFFICIALS. endar year, under such procedures. of political propaganda disseminated or dis- (a) ORAL LOBBYING CONTACTS.—Any person (d) STUDY.—Not later than March 31, 1997, tributed’’. or entity that makes an oral lobbying con- the Comptroller General of the United States SEC. 10. AMENDMENTS TO THE BYRD AMEND- tact with a covered legislative branch offi- shall review reporting by registrants under MENT. cial or a covered executive branch official subsections (a) and (b) and report to the Con- (a) REVISED CERTIFICATION REQUIRE- shall, on the request of the official at the gress— MENTS.—Section 1352(b) of title 31, United time of the lobbying contact— (1) the differences between the definition of States Code, is amended— (1) state whether the person or entity is ‘‘lobbying activities’’ in section 3(8) and the (1) in paragraph (2) by striking subpara- registered under this Act and identify the definitions of ‘‘lobbying expenditures’’, ‘‘in- graphs (A), (B), and (C) and inserting the fol- client on whose behalf the lobbying contact fluencing legislation’’, and related terms in lowing: is made; and sections 162(e) and 4911 of the Internal Reve- ‘‘(A) the name of any registrant under the (2) state whether such client is a foreign nue Code of 1986, as each are implemented by Lobbying Disclosure Act of 1995 who has entity and identify any foreign entity re- regulations; made lobbying contacts on behalf of the per- quired to be disclosed under section 4(b)(4) (2) the impact that any such differences son with respect to that Federal contract, that has a direct interest in the outcome of may have on filing and reporting under this grant, loan, or cooperative agreement; and the lobbying activity. Act pursuant to this subsection; and ‘‘(B) a certification that the person making (b) WRITTEN LOBBYING CONTACTS.—Any per- (3) any changes to this Act or to the appro- the declaration has not made, and will not son or entity registered under this Act that priate sections of the Internal Revenue Code make, any payment prohibited by subsection makes a written lobbying contact (including of 1986 that the Comptroller General may (a).’’; an electronic communication) with a covered recommend to harmonize the definitions. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13749 SEC. 16. REPEAL OF THE RAMSPECK ACT. ‘‘(I) greater than $25,000,000 but not more by this Act shall take effect on January 1, (a) REPEAL.—Subsection (c) of section 3304 than $50,000,000; and 1996. of title 5, United States Code, is repealed. ‘‘(J) greater than $50,000,000.’’. (b) The repeals and amendments made (b) REDESIGNATION.—Subsection (d) of sec- (c) EXCEPTION.—Section 102(e)(1) of the under sections 13, 14, 15, and 16 shall take ef- tion 3304 of title 5, United States Code, is re- Ethics in Government Act of 1978 is amended fect as provided under subsection (a), except designated as subsection (c). by adding after subparagraph (E) the follow- that such repeals and amendments— (c) EFFECTIVE DATE.—The repeal and ing: (1) shall not affect any proceeding or suit amendment made by this section shall take ‘‘(F) For purposes of this section, cat- commenced before the effective date under effect 2 years after the date of the enactment egories with amounts or values greater than subsection (a), and in all such proceedings or of this Act. $1,000,000 set forth in sections 102(a)(1)(B) and suits, proceedings shall be had, appeals SEC. 17. EXCEPTED SERVICE AND OTHER EXPERI- 102(d)(1) shall apply to the income, assets, or taken, and judgments rendered in the same ENCE CONSIDERATIONS FOR COM- liabilities of spouses and dependent children manner and with the same effect as if this PETITIVE SERVICE APPOINTMENTS. only if the income, assets, or liabilities are Act had not been enacted; and (a) IN GENERAL.—Section 3304 of title 5, held jointly with the reporting individual. (2) shall not affect the requirements of United States Code (as amended by section 2 All other income, assets, or liabilities of the Federal agencies to compile, publish, and re- of this Act) is further amended by adding at spouse or dependent children required to be tain information filed or received before the the end thereof the following new subsection: reported under this section in an amount or effective date of such repeals and amend- ‘‘(d) The Office of Personnel Management value greater than $1,000,000 shall be cat- ments. shall promulgate regulations on the manner egorized only as an amount or value greater The SPEAKER pro tempore. Pursu- and extent that experience of an individual than $1,000,000.’’. ant to House Resolution 269, the pre- in a position other than the competitive SEC. 21. BAN ON TRADE REPRESENTATIVE REP- service, such as the excepted service (as de- RESENTING OR ADVISING FOREIGN vious question is ordered. The question fined under section 2103) in the legislative or ENTITIES. is on the third reading of the Senate judicial branch, or in any private or non- (a) REPRESENTING AFTER SERVICE.—Section bill. profit enterprise, may be considered in mak- 207(f)(2) of title 18, United States Code, is The Senate bill was ordered to be ing appointments to a position in the com- amended by— read a third time, was read the third petitive service (as defined under section (1) inserting ‘‘or Deputy United States time, and passed, and a motion to re- 2102). In promulgating such regulations OPM Trade Representative’’ after ‘‘is the United States Trade Representative’’; and consider was laid on the table. shall not grant any preference based on the A similar House bill (H.R. 2564) was fact of service in the legislative or judicial (2) striking ‘‘within 3 years’’ and inserting branch. The regulations shall be consistent ‘‘at any time’’. laid on the table. with the principles of equitable competition (b) LIMITATION ON APPOINTMENT AS UNITED f STATES TRADE REPRESENTATIVE AND DEPUTY and merit based appointments.’’. MAKING TECHNICAL CORRECTIONS (b) EFFECTIVE DATE.—The amendment UNITED STATES TRADE REPRESENTATIVE.— made by this section shall take effect 2 years Section 141(b) of the Trade Act of 1974 (19 IN ENROLLMENT OF S. 1060, LOB- after the date of the enactment of this Act, U.S.C. 2171(b)) is amended by adding at the BYING DISCLOSURE ACT OF 1995 except the Office of Personnel Management end the following new paragraph: Mr. CANADY of Florida. Mr. Speak- shall— ‘‘(3) LIMITATION ON APPOINTMENTS.—A person who has directly represented, aided, or er, I offer a concurrent resolution (H. (1) conduct a study on excepted service Con. Res. 116) directing the Secretary considerations for competitive service ap- advised a foreign entity (as defined by sec- pointments relating to such amendment; and tion 207(f)(3) of title 18, United States Code) of the Senate to make technical cor- (2) take all necessary actions for the regu- in any trade negotiation, or trade dispute, rections in the enrollment of S. 1060, lations described under such amendment to with the United States may not be appointed and ask unanimous consent for its im- take effect as final regulations on the effec- as United States Trade Representative or as mediate consideration in the House. tive date of this section. a Deputy United States Trade Representa- The Clerk read the title of the con- tive.’’. SEC. 18. EXEMPT ORGANIZATIONS. current resolution. (c) EFFECTIVE DATE.—The amendments An organization described in section made by this section shall apply with respect The SPEAKER pro tempore. Is there 501(c)(4) of the Internal Revenue Code of 1986 to an individual appointed as United States objection to the request of the gen- which engages in lobbying activities shall Trade Representative or as a Deputy United tleman from Florida? not be eligible for the receipt of Federal States Trade Representative on or after the Mr. FRANK of Massachusetts. Mr. funds constituting an award, grant, contract, date of enactment of this Act. loan, or any other form. Speaker, reserving the right to object, SEC. 22. FINANCIAL DISCLOSURE OF INTEREST I yield to the gentleman from Florida SEC. 19. AMENDMENT TO THE FOREIGN AGENTS IN QUALIFIED BLIND TRUST. REGISTRATION ACT (P.L. 75–583). to explain the purpose of his unani- (a) IN GENERAL.—Section 102(a) of the Eth- Strike section 11 of the Foreign Agents ics in Government Act of 1978 is amended by mous-consent request. Registration Act of 1938, as amended, and in- adding at the end thereof the following: Mr. CANADY of Florida. I thank the sert in lieu thereof the following: ‘‘(8) The category of the total cash value of gentleman for yielding. ‘‘SECTION 11. REPORTS TO THE CONGRESS.— any interest of the reporting individual in a Mr. Speaker, the concurrent resolu- The Attorney General shall every six months qualified blind trust, unless the trust instru- tion directs the enrolling clerk to cor- report to the Congress concerning adminis- ment was executed prior to July 24, 1995 and rect solely technical errors in the Sen- tration of this Act, including registrations precludes the beneficiary from receiving in- filed pursuant to the Act, and the nature, ate bill, especially with respect to formation on the total cash value of any in- some erroneous cross references. It sources and content of political propaganda terest in the qualified blind trust.’’. disseminated and distributed.’’. (b) CONFORMING AMENDMENT.—Section makes no substantive changes in the SEC. 20. DISCLOSURE OF THE VALUE OF ASSETS 102(d)(1) of the Ethics in Government Act of bill. The concurrent resolution is nec- UNDER THE ETHICS IN GOVERN- 1978 is amended by striking ‘‘and (5) and in- essary so that the bill that will be sent MENT ACT OF 1978. serting ‘‘(5), and (8)’’. to the President will be technically (a) INCOME.—Section 102(a)(1)(B) of the (c) EFFECTIVE DATE.— correct. Ethics in Government Act of 1978 is amend- (1) IN GENERAL.—Except as provided in Mr. FRANK of Massachusetts. Mr. ed— paragraph (2), the amendment made by this Speaker, I withdraw my reservation of (1) in clause (vii) by striking ‘‘or’’; and section shall apply with respect to reports (2) by striking clause (viii) and inserting filed under title I of the Ethics in Govern- objection. the following: ment Act of 1978 for calendar year 1996 and The SPEAKER pro tempore. Is there ‘‘(viii) greater than $1,000,000 but not more thereafter. objection to the request of the gen- than $5,000,000, or SEC. 23. SENSE OF THE SENATE THAT LOBBYING tleman from Florida? ‘‘(ix) greater than $5,000,000.’’. EXPENSES SHOULD REMAIN NON- There was no objection. (b) ASSETS AND LIABILITIES.—Section DEDUCTIBLE. The Clerk read the concurrent reso- 102(d)(1) of the Ethics in Government Act of (a) FINDINGS.—The Senate finds that ordi- lution, as follows: 1978 is amended— nary Americans generally are not allowed to (1) in subparagraph (F) by striking ‘‘and’’; deduct the costs of communicating with H. CON. RES. 116 and their elected representatives. Resolved by the House of Representatives (the (2) by striking subparagraph (G) and in- (b) SENSE OF THE SENATE.—It is the sense Senate concurring), That in the enrollment of serting the following: of the Senate that lobbying expenses should the bill S. 1060, to provide for the disclosure ‘‘(G) greater than $1,000,000 but not more not be tax deductible. of lobbying activities to influence the Fed- than $5,000,000; SEC. 24. EFFECTIVE DATES. eral Government, and for other purposes, the ‘‘(H) greater than $5,000,000 but not more (a) Except as otherwise provided in this Secretary of the Senate shall make the fol- than $25,000,000; section, this Act and the amendments made lowing corrections: H 13750 CONGRESSIONAL RECORD — HOUSE November 29, 1995 (1) In section 6(8), strike ‘‘6’’ and insert yond that, Mr. Speaker, I want my col- b 1145 ‘‘7’’. leagues to know that this work would (2) In section 9(7), insert ‘‘and’’ after the We have now completed a bottom-up not have been able to be done success- review of all of our agencies. This is all semicolon, in section 9(8), strike ‘‘; and’’ and fully without the assistance of very insert a period, and strike paragraph (9) of part of a process of justifying each pro- section 9. fine staff, headed by my chief of staff gram’s existence and examining how (3) In section 12(c), strike ‘‘7’’ and insert within the committee, Mr. Frank Cush- taxpayer dollars are being used. I in- ‘‘6’’. ing, and his colleagues. tend to continue this approach next (4) In section 15(a)(2), strike ‘‘8’’ and insert I would also like to mention, Mr. year so that every program within ‘‘7’’. Speaker, that within my personal staff every agency under our jurisdiction re- (5) In section 15(b)(1), strike ‘‘, 5(a)(2),’’ and a great deal of assistance was provided in section 15(b)(2), strike ‘‘8’’ and insert ‘‘7’’. ceives the kind of necessary scrutiny for me, I would like to extend my ap- to find appropriate savings. (6) In section 24(b), strike ‘‘13, 14, 15, and preciation particularly today to David 16’’ and insert ‘‘9, 10, 11, and 12’’. The subcommittee began working on LesStrang, Jeff Shockey, and one of this bill on January 24 when we held The concurrent resolution was agreed my key staff people who will be leaving to. the first of over 20 separate hearings. us shortly, Mr. Doc Syers. When our bill passed the House in late A motion to reconsider was laid on Mr. Speaker, it is with a combination the table. July we showed a reduction from the of pleasure and pain that I bring this 1995 enacted level of $9.7 billion, while f bill to the floor today, and I would sug- the Senate showed a reduction of $8.4 CONFERENCE REPORT ON H.R. 2099, gest first that the pleasure is there be- billion in budget authority. DEPARTMENTS OF VETERANS cause I am very proud of the fact that As I noted, the conferees essentially AFFAIRS AND HOUSING AND this subcommittee has led the way in split the difference for a net reduction URBAN DEVELOPMENT, AND putting Uncle Sam on a diet. This bill of over $9 billion. INDEPENDENT AGENCIES APPRO- represents $10.1 billion as a down pay- However, during the process we were PRIATIONS ACT, 1996 ment toward balancing the budget by also able to take advantage of an addi- 2002. tional 1 year’s legislative savings, a Mr. LEWIS. Mr. Speaker, pursuant to I must say, Mr. Speaker, up until House Resolution 280, I call up the con- provision at HUD, thus giving us an ad- now we have been talking about mov- ditional $1 billion, with which to better ference report on the bill (H.R. 2099) ing toward balancing the budget. This, making appropriations for the Depart- fund housing programs. however, is where the rubber meets the Let me at this time take a moment ments of Veterans Affairs and Housing road. It is one thing to talk. It is an- to share some of the positive actions and Urban Development, and for sun- other thing to make the very, very recently taken by the House-Senate dry independent agencies, boards, com- tough decisions. conference meeting. We provided an in- missions, corporations, and offices for Let me suggest that the pain that I crease of $400 million over the 1995 the fiscal year ending September 30, mentioned earlier involves that very level for VA medical care and were able 1996, and for other purposes. fact. Unfortunately, the spirit of bipar- to do away with the so-called incom- The Clerk read the title of the bill. tisanship among the committee mem- petent veterans’ legislative savings The SPEAKER pro tempore (Mr. EM- bers that has long been a hallmark of provision that was of concern to many. ERSON). Pursuant to rule XXVIII, the the Committee on Appropriations has We provided some $24.4 billion for HUD conference report is considered as hav- suffered as a result of our taking a dif- programs. While this is a reduction ing been read. ferent turn in the road regarding this from the budget request, it actually (For conference report and state- country’s spending habits. Even as we represents a program level of $1 billion ment, see proceedings of the House of continue to travel on that road to bal- over the earlier House-passed bill. November 17, 1995, at page H13249). ance the budget, I pledge to do all that Most importantly, this increase The SPEAKER pro tempore. The gen- I can, Mr. Speaker, to bring this sub- would achieve for 1996 without ad- tleman from California [Mr. LEWIS] and committee back to that bipartisan versely impacting our outlay problems the gentleman from Ohio [Mr. STOKES] spirit that we have lost this year. in 1997 and beyond. each will be recognized for 30 minutes. This conference report reflects a will- In the bill we terminated four Fed- The Chair recognizes the gentleman ingness to make the very tough deci- eral agencies for savings of $705 mil- from California [Mr. LEWIS]. sions and to meet the spending targets lion, including the Office of Consumer GENERAL LEAVE necessary to balance the budget in 7 Affairs, the Chemical Safety and Haz- Mr. LEWIS of California. Mr. Speak- years. As I have suggested, out of 13 ap- ards Investigation Board, Community er, I ask unanimous consent that all propriations subcommittees, the VA– Development Financial Institutions, Members may have 5 legislative days HUD bill makes the single largest con- and the Corporation for National Com- in which to revise and extend their re- tribution toward balancing the budget. munity Service. marks on the conference report on H.R. It does not wait until year 5 or year 7 We fully funded the space station and 2099 as well as the Senate amendments or year 10. We are making the tough space shuttle programs, even though reported in disagreement, and that I decisions today. No longer will we tol- NASA took its fair share of downsizing may include charts, tables and other erate paying lip service to the goal of like every other department and agen- extraneous materials. deficit reduction. cy under this subcommittee’s jurisdic- The SPEAKER pro tempore. Is there This conference report of $61.3 billion tion. objection to the request of the gen- in new discretionary spending rep- We provided over $1.1 billion to con- tleman from California? resents a reduction in budget authority tinue the Superfund Program at EPA There was no objection. of 13.1 percent, and it is about $9.25 bil- and over $2.3 billion for wastewater, Mr. LEWIS of California. Mr. Speak- lion below the administration’s re- drinking water, and various categorical er, I yield myself such time as I may quested spending level for fiscal year grants to the States so they can ade- consume. 1996. quately meet Federal environmental Mr. Speaker, we have before us H.R. To say the least, the decisions that mandates. 2099, which is a very, very complex bill led to these reductions were certainly We also created a performance part- dealing with diverse agencies such as not easy ones to make. The work of the nership program between the EPA and veterans, housing, EPA, NASA, and a Subcommittee on VA, HUD and Inde- the States so that these funds can be variety of other independent agencies pendent Agencies has changed dramati- used where the States believe they are and commissions. cally from last year. No longer do we most needed. Mr. Speaker, I would first like to simply compare the agency account on Finally, we have not included any of start my comments by expressing my the basis of what they received last the EPA legislative provisions as deep appreciation for my colleagues year, then add on a certain amount for passed by the House and only four within the subcommittee who have inflation and maybe tack on some passed by the Senate. Of those, three worked so hard to bring this package more there to establish a new base were included in last year’s bill signed together in a successful fashion. Be- level. by the President. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13751 Mr. Speaker, please allow me to di- set the foundation for the years ahead. The challenge facing the subcommit- gress for just a moment with respect to One specific area of special note in this tee in the coming years will be dif- the HUD programs. As I mentioned, we regard is the renewal of section 8 sub- ficult, but we have made great progress were able to do a little more this year sidy contracts. Over the next 2 years, this year, and I look forward to work- than we first thought. However, each the cost of renewing section 8 expiring ing with my colleagues to find reason- successive year will get more and more difficult with respect to HUD outlays contracts will increase from $4.35 bil- able solutions to complex issues like as payment for some of the budget au- lion in 1996 to $14.4 billion by 1998. This this section 8 issue. thority approved in past years finally will occur despite the fact that we have Mr. Speaker, I am including in the comes due. passed legislation which actually low- RECORD a table illustrating the afore- The choices we make this year will ers HUD spending levels from past mentioned section 8 problem. go beyond fiscal year 1996. Indeed, they years. SECTION 8—RENEWAL OF EXPIRING CONTRACTS [Dollars in thousands]

1996 Budget 1997 Budget 1998 Budget Units authority Units authority Units authority

Certificates ...... 241,206 $2,993,597 213,590 $2,709,631 579,193 $7,517,923 Vouchers ...... 58,798 729,739 100,389 1,273,548 242,256 3,095,473 LMSA ...... 120,587 475,354 126,591 1,637,370 227,794 2,835,182 Property disposition ...... 4,464 35,194 12,738 103,439 17,351 156,649 Moderate rehabilitation ...... 8,016 99,486 18,232 231,294 30,409 394,709 New construction/substantial rehabilitation ...... 1,957 17,492 15,667 144,233 45,208 436,083 Total ...... 435,028 4,350,862 487,207 6,099,515 1,142,211 14,436,019

Note.—Totals may not add due to rounding. Budget authority in 1997 and 1998 reflects LMSA contract renewals with one-year terms calculated from assumptions contained in HUD’s 1996 estimates.

Mr. LEWIS of California. I would like meeting many other critical needs. needs, many of which are under the to make an additional observation with This is a good, tough, fair bill, and it subcommittee’s jurisdiction. I believe, regard to HUD. My experience in work- deserves the bipartisan support of this however, that there is considerable op- ing with HUD Secretary Henry body. I strongly urge adoption of the portunity to try to meet these basic Cisneros and NASA Administrator Dan conference report and urge your sup- and pressing priorities upon which mil- Golden illustrate how valuable partner- port. lions of Americans depend—even in ships can be when faced with tough Mr. Speaker, I reserve the balance of this budget climate. spending decisions. Both have reached my time. When this bill first came before the out and been helpful in outlining their Mr. STOKES. Mr. Speaker, I yield House in July, I argued then against specific priorities. myself such time as I may consume. drastic funding cuts and harmful legis- I had hoped such a partnership would Mr. Speaker, there is no one in this lative provisions in housing, the envi- be possible in working with President House for whom I have greater respect ronmental, and veterans programs. I Clinton’s chief of staff Leon Panetta to or higher regard than the chairman of think my colleagues on this side of the fashion a bill President Clinton would our subcommittee, JERRY LEWIS of aisle can take tremendous credit for support. To date it appears we are far California. He brings before the House having heightened awareness about from any final agreement. a tough bill and I am aware of the long these negative actions to the extent It is important to note to my col- hours and how much personal time and that the conference report before us leagues for the record that the admin- sacrifice he has committed to this ef- has made some important positive istration fully expects to veto this bill. fort. I also want to recognize all of the steps to correcting some of these con- At a meeting almost 2 weeks ago, Mr. subcommittee staff for their tireless cerns. Unfortunately, not enough has Panetta informed Chairman BOND, Sen- work on this bill, along with my own been done and therefore I must still op- ator MIKULSKI, the gentleman from staff persons. pose this measure. Ohio, Mr. STOKES, and me that this bill I regret having to rise in opposition In fact, the President agrees with my would be vetoed regardless of what we to the conference report on H.R. 2099, position and has already indicated that did to address the President’s prior- the Fiscal Year 1996 Appropriations he will veto this bill if it is presented ities. If this is correct, then the true Act for the Departments of Veterans to him in its present form. In his state- losers will be the millions of Ameri- Affairs, Housing and Urban Develop- ment on H.R. 2099, the President stated cans who counted on the many pro- ment, and Independent Agencies. My and I quote: grams that would be continued and opposition to this legislation is predi- The bill provides insufficient funds to sup- properly funded under this agreement. cated upon the fact that the lives of port the important activities covered by this I might mention, Mr. Speaker, at millions of Americans will be dev- bill. It would threaten public health and the this point that for those of you among astated if this measure is passed in its environment, and programs that are helping communities help themselves, close the door my colleagues who care about veter- current form. on college from thousands of young people, ans’ medical care programs, who care Mr. Speaker, we have witnessed dur- and leave veterans seeking medical care with about housing programs, who are con- ing this Congress, a new leadership fewer treatment options. This bill does not cerned about EPA, it should be noted with an ambitious plan to implement reflect the values that Americans hold dear. that the only money those programs its Contract With America. While my Let me take a moment to explain to will receive in the coming year will be Republican colleagues laud their dis- you why this bill is so unacceptable to as a result of this conference report cipline in terms of advancing the con- the President and those of us who care successfully being signed into law. To tract, I worry that they have shown a about the people dependent upon the do otherwise will leave them with a blindspot to the high cost in human programs in this bill. base of funding considerably less than suffering and damage to this country’s For veterans programs, this bill is available in this bill. precious resources that this legislation still almost $1 billion below the Presi- So I would suggest my colleagues on will extract. This is certainly the case dent’s request. You know how mis- both sides of the aisle make note of with the conference report on H.R. 2099. guided this bill must be when programs that. This is your chance to provide Having previously served as chair- serving those brave men and women funding that is needed for veterans’ man of the VA–HUD Subcommittee, I who sacrificed and protected our na- programs and housing and the like. am acutely aware of the complexities tional interest are not adequately Mr. Speaker, this conference report of the subcommittee’s bill. I am also funded. Further, there are unprece- strikes a careful balance in caring for aware of the problems with the Federal dented retaliatory limitations placed our veterans, housing people in need, deficit and the call for Government re- on the Secretary of Veterans Affairs protecting the environment, ensuring form which have heightened the prob- because he spoke out strongly against America’s future role in space, and lems of providing funding for essential the cuts in these programs for these H 13752 CONGRESSIONAL RECORD — HOUSE November 29, 1995 veterans. According to the majority And let us be clear here. These cuts ing our obligations to our Nation’s vet- they are sending him a message. The go far beyond what is necessary to bal- erans, providing affordable and decent message clearly is that they don’t tol- ance the budget. That is the smoke housing for all Americans, protecting erate free speech. screen. If the Republicans really fa- the environment, and rewarding com- Housing programs, which already suf- vored protecting the environment, they munity service. I urge my colleagues to fered under the $6.3 billion cut to HUD would find a way to ensure that EPA vote ‘‘no’’ on this bill. in the 1995 rescissions bill earlier this receives adequate funding even under a Mr. Speaker, I reserve the balance of year, face another $4 billion in reduc- balanced budget plan. Instead they my time. tions in fiscal year 1996. This con- have targeted a huge, disproportionate, Mr. LEWIS of California. Mr. Speak- stitutes a wholesale assault on those arbitrary reduction, that belies any er, I yield 2 minutes to the gentleman individuals and critical programs that claim that Republicans are interested from Washington [Mr. METCALF] for provide safety net and human service in protecting the environment. purposes of a colloquy. programs through Federal housing. Furthermore, contained within the Mr. METCALF. Mr. Speaker, I won- Hardest hit are those programs that details of the big cut are other attacks der if my friend, the gentleman from provide affordable and decent housing to the environment. California, the chairman of the Sub- committee on VA, HUD and Independ- for the elderly and poor, like section 8 At a time when Americans contin- ent Agencies, might help clarify the in- incremental rental assistance and pub- ually indicate their support for intent of the conferees with regard to the lic housing. creased environmental enforcement, language contained in the Senate re- Now, my colleagues on the other side this measure targets EPA’s environ- port accompanying the fiscal year 1996 will claim that these actions are fair; mental enforcement activities for VA, HUD and independent agencies ap- that HUD is mismanaged and an un- extra cuts. Last year, EPA inves- propriations bill. wieldy bureaucracy that has gotten out tigated over 500 cases of criminal misconduct, including cases involving loss Mr. LEWIS of California. If the gen- of control. Well, I don’t think that our tleman will yield, I will be happy to do elderly, our families with children, and of life, tainted food, and falsified laboratory data. so. our poor would agree that these cuts Mr. METCALF. As the gentleman are fair. I am certain that threatening Last year EPA brought over 2,200 administrative and civil cases resulting knows, the Senate report addressed a them with homelessness and hopeless- particular site on the national prior- ness is not a price worth paying to sat- in reductions in hundreds of thousands of pounds of pollutants and over $740 ities list, the Tulalip landfill in isfy the Republican Contract With Marysville, WA. The Senate language America. million in remediation efforts to clean up damage caused by violations of the requires EPA to complete the com- But my Republican colleagues did prehensive baseline risk assessment at environmental laws. What number of not stop here. Added to these reduc- the site and to then conduct an alter- civil and administrative actions can we tions are nearly 20 pages of extensive native dispute resolution procedure in legislative changes—legislation that expect this fiscal year? Right now the Center for Disease order to achieve a remedial act plan clearly falls within the jurisdiction of Control has told vulnerable Ameri- based on sound science all parties agree the authorizing committee. Like many cans—the elderly, cancer and AIDS pa- on. other provisions the majority party Mr. Speaker, that direction to the tients and others—to boil tap water has adopted this year, this legislation agency represents the views of the ma- due to the danger from microorganisms showed up in the chairman’s mark of jority of those Members from the in much of the Nation’s drinking the bill. While certain provisions have Washington State delegation. The site water. The Republicans respond by cut- been deleted, just as many others have involves over 300 large and small busi- ting safe drinking water funds in half been added and are now in the con- nesses in my home State. It is critical from the President’s request. Not ference report before us. These damag- to all of them that EPA follow this di- money for regulations, mind you, but rection at the site. ing changes come at at time when af- money that would be used by local fordable housing is at a record short Ms. DUNN of Washington. Mr. Speak- communities to build and improve er, will the gentleman yield? supply. their water purification equipment. Mr. Speaker, as if there are not Mr. METCALF. I yield to the gentle- The Republicans also cut hazardous woman from Washington. enough problems, not enough reasons site cleanups by 25 percent and sewage for the President to veto this piece of Ms. DUNN of Washington. I thank treatment funds by 30 percent. With the gentleman and rise in strong sup- legislation, there remains the these actions, the bill undermines the undisguised attack on the environment port of the request of the gentleman capacity of EPA and States to clean up from Washington [Mr. METCALF] that that this bill represents. As all of us re- toxic sites and keep raw sewage out of the EPA be required to complete a member, this bill as passed by the our streams, lakes, and oceans. comprehensive baseline risk assess- House included an assortment of And let us not forget about the rid- ment at the Tulalip landfill in Wash- antienvironment riders that the Re- ers. While most have been eliminated ington State. publican leadership insisted the bill from the bill language itself, the con- Many of us from Washington State carry. To no one’s surprise, Members ference report still bluntly pressures represent constituents who have been from both sides of the aisle joined in EPA into making exceptions and ex- severely impacted by EPA’s handling saying that these extreme legislative emptions for natural gas processors, oil of this site. The Senate report lan- changes should have no place in this refineries, pulp and paper facilities, guage was very clear in its direction bill. And so most, but not all, have and cement kilns that burn hazardous the agency, and the chairman’s support been removed. waste. The special interests will not be of this directive is appreciated. Does this make this bill an environ- disappointed by this bill. Mr. METCALF. I thank the gentle- mentally sound measure? Does this One rider, that is still in, cuts EPA woman. mean that the majority leadership’s as- out of wetlands permitting so that the Mr. LEWIS of California. If the gen- sault against the environment is over? permitting can proceed without the en- tleman will yield further, let me, by Does this mean that my friends from vironmental experts allowed a voice. way of responding to both of my col- across the aisle who fought so hard The conference on H.R. 2099 also ter- leagues from Washington, say that I with me on my various motions to minates the Corporation for National want to assure you both that the pres- strip the rider may now vote—with a and Community Service [Americorps], ence of that particular language in the clear conscience—for this bill? The an- the Community Development Finan- final conference report in no way di- swer is a resounding no. cial Institutions Program, the Council minishes the intent of the conferees This bill makes a huge, unpredented on Environmental Quality, and the Of- that the Senate language serves as the cut in EPA’s operating budget. This fice of Consumer Affairs. These pro- clear and final direction to the EPA at cut of more than 20 percent is intended grams and agencies are of highest pri- the Tulalip site during the fiscal year. to and will devastate the Agency’s abil- ority to the administration. My recollection is that both Wash- ity to protect public health and the en- I do not think that this is a close ington State members of the Commit- vironment. vote for anyone who believes in meet- tee on Appropriations, one from each November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13753 side of the aisle, have strongly sup- Housing programs face $4 billion in re- draconian HUD–VA appropriations con- ported this language, and it is cer- ductions. These cuts are on top of more ference report for fiscal year 1996. This tainly my intention to see that the than $6 billion cut in last summer’s re- will victimize people who are helpless— agency conducts a comprehensive base- scission bill. Wrongheaded provisions they have neither money nor power, line risk assessment and responds to are also included to undercut enforce- which are commodities that seem to your request. So I appreciate my col- ment of fair housing and antiredlining get attention these days. H.R. 2099 league raising the question. requirements. slashes one fifth of the budget for the Mr. METCALF. I thank the gen- I urge my colleagues to reject it. Department of Housing and Urban De- tleman. Mr. LEWIS of California. Mr. Speak- velopment. It starves all efforts to exer, I yield 2 minutes to the gentleman b 1200 pand, preserve, and rehabilitate all from Michigan [Mr. KNOLLENBERG] for kinds of public, assisted, and affordable Mr. STOKES. Mr. Speaker, I am purposes of a colloquy. housing. And through the legislation pleased to yield 2 minutes to the gen- (Mr. KNOLLENBERG asked and was that is included in this appropriations tleman from Michigan [Mr. DINGELL], given permission to revise and extend report, housing policy has shifted and the distinguished ranking minority his remarks.) changed course dramatically. member of the Committee on Com- Mr. KNOLLENBERG. Mr. Speaker, I But bad as it is, this conference re- merce. thank the gentleman for yielding time port is much better than the bill that to me. (Mr. DINGELL asked and was given left the House in July. Mr. Speaker, I seek the time just to permission to revise and extend his re- Let me tell my colleagues what will engage our chairman, the gentleman marks.) happen if this conference report be- from California [Mr. LEWIS], in a col- Mr. DINGELL. Mr. Speaker, this is comes law. If we pass this bill, we vir- loquy. I would like to reserve a serious an outrageous bill. I rise in strong op- tually ensure that affordable housing reservation that I have with respect to position to the conference report on will continue to decrease and deterio- the statement of the manager’s lan- H.R. 2099. I urge my colleagues to re- rate; we will lose our $90 billion invest- guage regarding amendment No. 58. ject it. ment in public housing; and hundreds Section 223(D) of the administrative I hope all Americans know what is in of thousands more families will become provisions was intended to address this bill, because it reveals the real es- or remain homeless. HUD’s pattern of regulation regarding sence of the Republican vision for this Public housing residents in the more property insurance. My problem is sim- country. than 3,400 local housing authorities ply this: The language does not pre- In a budget where sacrifices had to be throughout the Nation are at risk of cisely reflect the compromise that was made to protect tax breaks for the seeing their everyday maintenance re- reached with the gentleman from Ohio wealthy and Republican pet projects, quests go unanswered for lack of oper- [Mr. STOKES] and others. I want to ad- something had to give. Here is what ating funds, which are set at only $2.8 gave. dress that. Mr. LEWIS of California. Mr. Speak- billion, some $400 million below this One group that is being forced to give year’s HUD funding request. is our Nation’s veterans, their widows, er, will the gentleman yield? Mr. KNOLLENBERG. I yield to the Inevitably, housing that is good will and their children. This bill reduces fall into ruin, and the eyesores of dete- funds for VA construction and im- gentleman from California. Mr. LEWIS of California. Mr. Speak- riorated and dilapidated housing in provement projects by 62 percent. It er, I would say to the gentleman from many of our urban centers will remain cuts $400 million from the Administra- Michigan [Mr. KNOLLENBERG], his con- vacant and crumbling, further destroy- tion’s requests for veterans’ health cern is appropriately addressed. I share ing neighborhoods. care. his reservation. The House bill, which Because nearly one-third of the moderniza- What does this mean? By the year contained a spending limitation in the tion funds and 50 percent of the urban revital- 2000, cuts mandated by this Republican bill language, was rather clear. Unfor- ization grants for severely distressed public budget plan will require 41 veterans’ tunately, I think the final manager’s housing projects will be lost if this conference hospitals to close their doors. More language goes beyond what the gen- report passes. than 1 million veterans will be denied tleman attempted to develop, and he is Under this bill there will be no new public health care. The Republican plan will the author of the provision. It was housing funded and no incremental or new force the elimination of about 60,000 carefully worked out with the staff on section 8 certificates available for the first time health care positions and the cancella- the other side. in 20 years. There will be only certificates for tion of 40 construction projects for the Mr. KNOLLENBERG. I appreciate replacement housingÐeven though there are VA. the gentleman’s comments. Can I get more than 5.6 million families today who pay More shockingly—and one of the the chairman’s assurance that the of- more than 50 percent of their incomes for rent, really spiteful things that I have seen fending language will be removed if or who live in substandard housing. The num- done by the Republicans in this Con- this bill is vetoed and if negotiations ber of families who need help grows each gress, and that is an extraordinary on H.R. 2099 are resumed for any other year by more than ten times the number that event—because Secretary Jesse Brown reason? would be assisted under this bill. During this dares to speak his mind about this bill Mr. LEWIS of California. If the gen- fiscal year 88,400 units of affordable housing and Republican budget priorities, the tleman will continue to yield, I can as- were financed through the various Federal majority has added to the conference sume the gentleman, Mr. Speaker, that housing programs butÐnext year there will be report provisions aimed at stripping if we have another opportunity to go fewer than 15,000 units. huge sums and personnel out of his of- back at this language by way of a sepa- The conference report leaves two of the fice. As a matter of fact, they totally rate bill, or a bill to follow one that is core programs untouchedÐHOME and CDBG. eliminated his travel budget. The ques- vetoed, the gentleman’s voice will be That's good; however, don't be surprised tion then is how will he travel about very clearly heard. when the mayors and the Governors are here the country to look at VA facilities, Mr. KNOLLENBERG. I thank the begging for more money. Why? Because, the VA projects, and to talk to the veter- gentleman. deep, deep cuts in public housing and section ans? So much for free speech and so Mr. STOKES. Mr. Speaker, I am 8, and the increases in the cost of that hous- much for the veterans in this legisla- pleased to yield 2 minutes to the gen- ing inevitably will mean trouble for our cities tion. tleman from Texas [Mr. GONZALEZ], the and StatesÐmore deteriorated housing and Mr. Speaker, this bill is going to also distinguished ranking member of the more homelessnessÐmore people with no- cut 20 percent off of EPA’s budget. It is Committee on Banking and Financial where safe and sound to live. going to see to it that cleanup of Services. What this conference report does, make no Superfund sites and the dirty waters of (Mr. GONZALEZ asked and was given mistake, is place the burden on cities and this Nation will be set back enor- permission to revise and extend his re- States, while the Federal Government takes a mously. So much for the environment. marks.) walk and abrogates its responsibilities. This is also the worst attack on hous- Mr. GONZALEZ. Mr. Speaker, I I have watched these programs work for ing since the Hoover administration. strongly oppose this mean-spirited and poor and working families, for the elderly and H 13754 CONGRESSIONAL RECORD — HOUSE November 29, 1995 for the disabled throughout my public career. AmeriCorps Program and the Health Nation’s veterans, protects and pre- One of my jobs in my home city of San Anto- and Human Services Office of serves our environment, helps house nio before I came to Congress was with the Consumer Affairs. the needy and disabled, and moves sci- San Antonio Housing Authority. Public housing When faced with the tough chal- entific research and discovery forward. worked; and despite the problems in some lenges of a decreasing budget, the sub- As Chairman LEWIS has said it has places, public housing in most areas is safe, committee made effective decisions. been a difficult task balancing these decent, and sound. But this bill by the Repub- This is a conference report in which we needs against the critical need to bal- lican majority will devastate the lives of thou- can all be proud and I urge my col- ance our Federal budget. I believe that sands of families currently residing in public leagues to vote in favor of this essen- it has been done responsibly. and assisted housing and those who wait, tial legislation. A yea vote is a vote in In total, this report provides $80.6 bil- sometimes for years, for such housing. favor of our veterans and our commit- lion for these important programs. The Republicans talk about their historic ment to our Nation’s future. That number is $9.6 billion less than balanced budget bill. They talk about their will- Mr. STOKES. Mr. Speaker, I yield 1 last year and $894 million more than ingness to make hard decisions about discre- minute to the distinguished gentle- the House-passed bill. This action tionary spending to control spending. Despite woman from New York [Mrs. LOWEY]. shows that we have truly compromised what our colleagues on the majority contend, (Mrs. LOWEY asked and was given in order to produce a sound piece of these are not hard decisions, they are merely permission to revise and extend her re- legislation. heartless attacks on those too poor and too in- marks.) Specifically, Mr. Speaker, I am Mrs. LOWEY. Mr. Speaker, I rise in consequential to count on the scales of politi- pleased that we were able to increase very strong opposition to the con- cal calculations. The insistence and desire to the Superfund program by $163 million ference report. Although admittedly an provide foolhardy tax breaks for the wealthy at for a total of $1.16 billion. In addition, improvement from the draconian ver- the expense of America's poor and working this agreement removes the December sion originally passed by this body a families drives this bill just as it drives the 31 ‘‘drop dead’’ date for the Superfund few months ago, this bill still is a glar- whole budget process. That is the thrust of program. By removing this provision, ing indication of wrong-headed prior- this massive and mean assault on our most we will be allowing this important pro- ities. vulnerable citizens. gram to operate while the authoriza- In addition to slashing funding for I urg a ``no'' vote on this conference report, tion committee acts on reforming the housing and veterans programs, this which merely victimizes further the victims of Superfund law. appropriations bill severely curtails poverty. Representing a State with more Mr. LEWIS of California. Mr. Speak- the Government’s historic role in en- Superfund sites than any other, I want er, I yield 3 minutes to the gentle- suring the most basic guarantees of to thank Chairman LEWIS for these ac- clean air and clean water. It cuts the woman from Nevada [Mrs. VUCANO- tions and for realizing the importance Environmental Protection Agency by VICH], a member of the committee. of keeping work at all current Mrs. VUCANOVICH. Mr. Speaker, I 21 percent, including a 19-percent cut Superfund sites moving forward. This thank the gentleman from California in the program that cleans up hazard- funding increase brings the total num- for yielding time to me. ous waste sites. It also cuts hundreds of ber very close to what the program re- Mr. Speaker, the conference report of millions of dollars from wastewater ceived last year. H.R. 2099 shows a real commitment to treatment grants that provide critical This conference agreement also re- our future and our citizens. While it assistance to local communities in moves the controversial 17 EPA riders takes a major step toward eliminating keeping drinking water safe and beach- that were included in the House-passed our Nation’s deficit, it does so while es swimmable. In the area I represent, bill. I am particularly happy that the providing medical care to our veterans, these funds are critical to helping to clean water riders were removed. As I housing for the poor, and preserving clean up Long Island Sound. have always said, these riders should the challenges to be explored in space. This legislation is premised on the not have been included in this bill. We One might call it a balancing act—but false assumption that a strong econ- should give the authorization commit- it is a skill that Chairman LEWIS and omy and a clean environment are natu- tees a chance to fine-tune the Clean his excellent staff have refined. I com- ral enemies. The authors of this bill Water Act, instead of prematurely mend the them on their fine work. I try to polarize the debate as a choice halting many of the programs that would also like to give thanks and a between jobs and environmental stew- have been working under this Act. wish of good luck to Doc Syers of the ardship. While I do not agree with all the re- Well, my colleagues, do not be fooled. chairman’s staff, who will be leaving ductions in this conference agreement, A strong environment and a strong the Hill to boldly go where no man has I do believe that it is time to stop economy go hand in hand. gone before. Doc has been a great throwing good money after bad and My constituents and I know from our experi- friend over the years and we will miss start focusing our limited resources to- ence with Long Island Sound that pollution- him. ward programs that work. Returning to the matter at hand, our based prosperity is shortsighted and costs Three such programs are at HUD, section veterans represent one of our Nation’s moreÐfinancially and otherwiseÐin the end. 202, Senior Housing, and 811, Disabled Hous- There is no denying that these environ- finest resources. This conference report ing, and HOPWA, Housing Opportunity for mental rollbacks will cripple the EPA's ability appropriates $37.7 billion for the De- People With AIDS. These programs have a to protect the quality of our air and water. partment of Veterans Affairs, of which Let us not turn back the clock on environ- proven track record and have worked. While $16.5 billion is included for medical mental protection. Defeat the conference re- the House-passed bill consolidated these care. After listening to the concerns of port. three programs under one account, the con- many veterans groups, the subcommit- Mr. LEWIS of California. Mr. Speak- ference agreement keeps these accounts sep- tee determined the controversial in- er, I yield 2 minutes to the gentleman arate allowing each of them to run independ- competent veterans language should be from New Jersey [Mr. FRELINGHUYSEN]. ent of one another. This is something I sup- deleted. Our commitment to our veter- (Mr. FRELINGHUYSEN asked and ported and worked in conference to achieve. I ans is unwavering and I believe this was given permission to revise and ex- would have liked to provide more funding, bill is proof of this fact. tend his remarks.) however, the committee agreed to freeze all The conference report also provides Mr. FRELINGHUYSEN. Mr. Speaker, these accounts at the current level. $19.3 billion for housing programs to I thank the gentleman for yielding As regards scientific research and develop- help our poor, our homeless, and to time to me. ment, I am pleased that this agreement recog- give homebuyers a chance to reach the Mr. Speaker, I would like to thank nizes that our Nation's future depends on American dream of owning their own Chairman LEWIS, Congressman STOKES, properly educating all Americans so that we home. and the subcommittee staff for all of can continue to be number one in developing In this time of fiscal restraint, the their hard work in producing this com- and producing various technologies. New Jer- conference report takes strong action promise agreement. sey is already the home to the brightest and in eliminating programs which are in- This conference report contains fund- best in both the public and private sector. This effective or duplicative, such as the ing for many vital programs for our report dedicates itself to renewing our Nation's November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13755 commitment to science by providing new re- Mr. LEWIS of California. Mr. Speak- creates and bloats the human deficit, sources, both fiscal and physical. er, I yield 2 minutes to my colleague, the environmental deficit, but claims This report also funds the Department of the gentleman from Michigan [Mr. to balance the budget is out of balance; Veterans Affairs. Nearly half of our allocation KNOLLENBERG], a member of the com- out of balance with the common sense supports these activities and the committee in- mittee. and values of the people we represent. creased medical care above the current year (Mr. KNOLLENBERG asked and was Mr. Speaker, the shortest distance by $337 million. This should be adequate given permission to revise and extend between legislation and law is to get funding to keep all our veterans who rely on his remarks.) the President to sign this. I suggest we the VA for medical care fully supported. Mr. KNOLLENBERG. Mr. Speaker, I defeat this conference report, send it I would also like to comment on the behav- thank the gentleman for yielding time back to conference committee, and get ior of VA Secretary Brown who has politicized to me. on with the job of making compromises this budget process. Under the guise of so- Mr. Speaker, I rise in strong support and reflecting the values of the people called ``free speech'' he has needlessly of the bill, and I commend the gen- that we represent that stand for a alarmed veterans throughout the Nation. As a tleman from California [Mr. LEWIS] and sound environmental policy, sound veteran myself, I am insulted by his actions. the staff for all their hard work. With- policies and fairness to the poor and Mr. Speaker, we have drafted a sound out the chairman and, obviously, the the programs that are important to agreement and I urge my colleagues to sup- staff, we would not be here today. them. I suggest we send this back to port this conference report. Mr. Speaker, the VA–HUD bill has conference and a ‘‘no’’ vote on this Mr. STOKES. Mr. Speaker, I yield 1 never been an attractive piece of legis- measure. minute to the gentleman from Massa- lation. Never. It contains funding for a Mr. VENTO. Mr. Speaker, I rise in chusetts [Mr. MARKEY]. opposition to the conference agreement Mr. MARKEY. Mr. Speaker, before wide variety of programs that represent different and often conflicting on H.R. 2099, the VA, HUD, and Inde- the Thanksgiving holiday, we came to pendent Agencies appropriations bill. an agreement on a framework to work priorities. What we have before us is the product of this task, and it is a This conference agreement has positive toward a balanced budget. Within this modifications from the radical bill framework, we agreed to a set of prior- good one. The bill does not simply spread the pain throughout all of the passed by the majority party of the ities to guide our actions. We agreed to House earlier this year, but it remains preserve Medicare, strengthen our edu- programs in its jurisdiction, it makes the tough choices which are necessary, wholly out of step with people, prior- cational system, and protect the envi- ities and shared sacrifice which should ronment for our children and our fu- but it also preserves funding for those characterize reductions in spending ture. programs which work well. necessary to achieve a sound fiscal re- Well, today we have the opportunity There are some who will complain to stand up for one of the priorities we that the spending cuts in our bill are sult. On the whole, the agreement cuts outlined over a week ago. It is time to just simply too deep. housing programs by 21 percent, guts stop this Congress from rolling back b 1215 homeless programs by almost 30 per- existing environmental protections. In Mr. Speaker, let me make one point. cent, reduces Environmental Protec- the VA–HUD appropriations bill before We spend over $5 billion for environ- tion Agency spending by 21 percent, us now, most of the infamous regu- mental protection and over $20 billion eliminates a number of community latory riders have disappeared, but the for affordable housing in this bill. Just programs, and subsumes many into EPA has still been put on a starvation a few days ago, as my colleagues know, diet. larger block grants thereby diluting This bill radically cuts the EPA’s during the Government shutdown only the funds and in the end, atrophying budget, from the $7.2 billion appro- 4 percent of EPA’s 18,000 employees the programs. These cuts are rep- priated last year, down to only $5.7 bil- were considered essential and, I repeat, resented as being necessary for deficit lion, a reduction of $1.5 billion, or 21 only 1 percent of HUD’s employees reduction, but what is proposed in this percent. The EPA enforcement budget were considered essential. So it seems measure is a fundamental retreat from is specifically targeted for an even to me that it would be much easier to proper Federal responsibilities and sup- larger 25 percent cut. Make no mis- say that perhaps these cuts are not port. The conference agreement cuts take, Mr. Speaker, taking the environ- deep enough; they should be deeper. housing on the ground by $4 billion mental cops off the beat by slashing Mr. Speaker, I am sure that every from the administration request, but their budget is just another way to gut Member of this body, given the chance, manages once again to provide over strong environmental laws. would draft a different VA–HUD bill. I $2.1 billion for the latest version of the The GOP cuts slash $270 million from would like to make a few changes my- questionable space station. This VA, the Superfund program. The EPA Ad- self. But to use an often-heard quote, HUD and Independent Agencies con- ministrator, Carol Browner, has testi- we cannot allow the perfect to be the ference agreement continues to bal- fied that this will delay cleanups of enemy of the good. ance the budget on the backs of those toxic waste sites at hundreds of com- Mr. Speaker, this is a good bill, and least able to support cuts: the poor, the munities around our Nation. I urge my colleagues to support it. homeless and our seniors. Our congres- And at the same time this Congress Mr. STOKES. Mr. Speaker, I yield 1 sional priority should be to help those is cutting the budget for environ- minute to the gentleman from Min- unable to help themselves but this mental protection, we just sent the De- nesota [Mr. VENTO]. measure reneges. fense Department $7 billion the Penta- (Mr. VENTO asked and was given As I mentioned, the conference agree- gon did not even ask for. permission to revise and extend his re- ment cuts homeless funds, both at HUD Mr. Speaker, this all comes down to marks.) and the Federal Emergency Manage- a question of priorities. Should we be Mr. VENTO. Mr. Speaker, I rise in ment Agency. The statement of man- giving tax cuts to the wealthy and buy- strong opposition to this bill. What is agers indicates that the funds should ing more B–1 bombers, which we do not wrong with this bill is what is wrong be used as localities see fit under the need? Or, should we be insuring that with the priorities. There is no consid- rubric of options available under the our children have clean air and clean eration or deliberation, much less pub- McKinney Act programs. I cannot water and that toxic waste sites in our lic awareness, of votes on these topics. agree that any one HUD homeless as- communities get cleaned up? Wholesale policy changes are made sistance program should receive any We cannot say one day that we be- without consideration, Mr. Speaker, all priority over another such program as lieve the preservation of our environ- of this, of course, under the mantra of the statement of managers suggests. If ment is a national priority, and then 10 a balanced budget. demand were any indicator, the sup- days later turn around and agree to The impact of the GOP spending cuts portive housing program would be the radical cuts in environmental enforce- priorities for the poor, the environ- likely model program, not the shelter ment and cleanup programs. It is ment, the homeless, the veterans. It is plus care program emphasized in this wrong, Mr. Speaker, and I urge my col- not fair, and it is not right. The fact is agreement. The record should further leagues to vote against this proposal. that it is bad policy. A Congress that reflect the reality that in shifting H 13756 CONGRESSIONAL RECORD — HOUSE November 29, 1995 these reduced funds—a shell and pea Mr. HEINEMAN. Mr. Speaker, will through funding cuts what they failed game—in no way alters the loss and ad- the distinguished gentleman from Cali- to do through an open debate on envi- verse impact on the homeless. In fact, fornia [Mr. LEWIS], the chairman of the ronmental policy. it only compounds and complicates the Subcommittee on VA–HUD and Inde- Time and again this year, and the use of the programs. pendent Agencies of the Committee on last several years, Democrats and Re- I am also concerned about the great Appropriations engage me in a brief publicans have come together in a spir- number of authorizations rewriting colloquy? it of bipartisanship to protect the envi- policy in this appropriations con- Mr. LEWIS of California. Mr. Speak- ronment. This conference report will ference agreement. The Banking Com- er, If the gentleman will yield I would cut enforcement of environmental mittee today continues to cede its au- be happy to. laws, cut funding for safe drinking thority and role to the Budget and Ap- Mr. HEINEMAN. Mr. Speaker, let me water, cut funding for wastewater propriations Committees and in the first say that I very much appreciate treatment, and cut hazardous waste process jeopardizes the integrity of im- the support of my good friend, Chair- cleanup. portant housing and community devel- man LEWIS, over the past several Slashing EPA’s budget by more than opment programs. months regarding plans to construct a 20 percent, will cripple the EPA’s abil- Frankly, the committee process in new consolidated facility for the EPA ity to ensure that our water is safe to this Congress is in a shambles. The new and the Research Triangle Part in drink, our food is safe to eat, and our Republican majority has adopted an North Carolina. air is safe to breathe. authoritarian posture. Through the As the chairman knows, the EPA is I urge my colleagues to vote against budget and appropriation scheme the currently scattered in 11 separate this conference report. GOP leadership has dictated without buildings which are privately owned Mr. STOKES. Mr. Speaker, I yield 1 consideration, much less public aware- and in bad shape. The chairman made minute to the gentleman from Penn- ness and votes on the topics, wholesale this freshman Member aware that pre- sylvania [Mr. BORSKI]. policy changes under the guise of fiscal vious Congresses have not dealt with (Mr. BORSKI asked and was given crisis and the mantra of balancing the this problem. permission to revise and extend his re- budget. They—the majority Gingrich After studying the matter and after marks.) Mr. BORSKI. Mr. Speaker, this con- Republicans—rationalize and gloss over touring these existing facilities, I ference report will roll back 25 years of the fundamental impact of the GOP learned that recent studies show that environmental protection and it should spending priorities that cut programs renovating the existing buildings and be defeated. for the poor, the environment, the signing new leases would cost $400 mil- homeless, and the veterans in this This bill slashes the funding for the lion. For only $232 million, a brandnew, Clean Water Act. It slashes the funding measure for example. This isn’t fair consolidated facility can be built, mak- and it isn’t right. We can and should for Superfund. It slashes the funding ing this the most realistic, cost-effec- for EPA to even conduct an effective balance the budget but how we do it is tive plan available to further the im- the key to our role as policy makers. A management and enforcement pro- portant mission of the EPA. gram. Congress that creates and bloats the I know that the gentleman from Cali- human deficit and the environmental EPA, will be barred from any role fornia [Mr. LEWIS] has pledged his sup- deficit but claims to balance the budg- whatsoever in decisions on develop- port to find the additional funds nec- ment of our Nation’s most valuable et is out of balance with the common essary in the next fiscal year to make sense and values of the American peo- wetlands. this new facility a reality, and I want It is absolutely incredible that we ple we represent. to thank the gentleman for that sup- What it all comes down to is that de- can give the Pentagon $7 billion more port. spite the changes in this HUD-VA ap- than the President of the United States Mr. LEWIS of California. Mr. Speak- propriations legislation from the wanted but, unbelievably, we can’t find er, reclaiming my time, let me express House-passed version and at least two the money for the Environmental Pro- my appreciation to the gentleman from round trips to the House and Senate tection Agency to enforce the laws North Carolina [Mr. HEINEMAN] for conference table, the priorities and the that protect our water and our air. funding levels guarantee that we will bringing to our attention in such an ef- Mr. Speaker, in the Philadelphia re- see more people denied housing oppor- fective manner the importance of this gion, there have been and will be can- tunities in public and assisted housing, research facility, and the committee cellations of numerous Superfund in- fewer people receiving homeless assist- does very much want to be of assist- spections, leaving potentially dan- ance in order to get back on their feet, ance. gerous toxic waste undiscovered at veterans excluded from needed service, As I indicated in the earlier colloquy, sites that threaten the community. and more chances for polluters to dese- the Research Triangle Park facility is The conference report means no new crate our precious air and water. All one of the three major infrastructure Superfund priority cleanups, whether this by virtue of this deficient appro- projects requested for the EPA. Fund- or not there is a toxic threat to drink- priations measure. ing was not available for the current ing water. Mr. Speaker, I do not oppose every fiscal year, but I have pledged my sup- Mr. Speaker, the American public aspect of this measure. However, be- port to the gentleman to do my very does not want less environmental pro- cause the cuts and sacrifices are not best to find funds necessary for the tection. They want more protection of balanced, I must strongly oppose this project in the next fiscal year. their water and their air. conference agreement. I urge my col- It is my understanding that the Com- This bill does not give them that pro- leagues to heed the President’s con- mittee on Transportation and Infra- tection. It should be defeated and sent cerns with regards to this measure and structure is currently updating the au- back to conference. vote against this report. By defeating thorization for this project, and I look Mr. STOKES. Mr. Speaker, I yield 1 the conference report today and ad- forward to addressing this in the years minute to the gentleman from Massa- dressing the serious deficiencies in a ahead. chusetts [Mr. KENNEDY]. House/Senate conference report we can Mr. HEINEMAN. Mr. Speaker, I Mr. KENNEDY of Massachusetts. Mr. attain the shortest distance from legis- thank the gentleman from California. Speaker, there are a lot of reasons to lation to law. We do not have to experi- Mr. STOKES. Mr. Speaker, I yield 1 vote against this bill, but the truth of ence a certain veto that will force us to minute to the distinguished gentle- the matter is, whether we are con- start all over again. woman from Connecticut [Ms. cerned about the fouling of our air and Mr. LEWIS of California. Mr. Speak- DELAURO]. our water and our streams or whether er, I yield 2 minutes to the gentleman Ms. DELAURO. Mr. Speaker, I rise in or not we are concerned about the cuts from North Carolina [Mr. HEINEMAN] opposition to this conference report. in the veterans’ health care budget, for the purpose of a coloquy. Once again, we are witnessing an all what is the most egregious in this (Mr. HEINEMAN asked and was given out assault on the quality of our Na- budget is what we have done to the permission to revise and extend his re- tion’s water, air and land. The Repub- housing of our Nation’s poor and our marks.) lican Party is trying to accomplish Nation’s senior citizens. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13757 We see cuts in this budget that will back to conference to improve in par- Ms. JACKSON-LEE. Mr. Speaker, I decimate our housing programs. We see ticular the funding for the EPA. thank the gentleman from Ohio for politicians constantly marching before Mr. STOKES. Mr. Speaker, I yield 1 yielding to me at this time. public housing projects and condemn- minute to the gentleman from Ver- Mr. Speaker, this is a more-than bill. ing them for the condition that they mont [Mr. SANDERS]. This is more than what we had before, are in, and yet what this housing budg- Mr. SANDERS. Mr. Speaker, two- but what is that? I certainly applaud et does is gut the very provisions that and-a-half weeks ago we celebrated the assurance that has been given to are necessary to improve those housing Veterans Day, and we told the veterans the space program, but where are we in projects. At the same time, we turn of America how much we respect them research and development dollars, far around and cut the homeless budget of and how grateful we are for the sac- less than needed. Then when we begin our country by 40 percent. So what we rifices that they have made for this Na- to look at the Department of Housing are going to do is we are going to gut tion. Well, two-and-a-half weeks have and Urban Development we see that our public housing, we are going to come and gone and how quickly we this bill cuts 17 percent, the Environ- come in and hurt our assisted housing have forgotten. mental Protection Agency is almost projects, and once our senior citizens This bill cuts $43 million from the VA gutted with cuts of 21 percent, and our and our poor are not able to live in programs, a larger cut than the House Federal Emergency Management Agen- those projects, we then are going to version, but that is just the beginning. cy is cut 17 percent. What will occur if turn them to the streets where we then The Republicans’ 7-year budget, which disasters occur in our States. gut the homeless budget of this coun- begins with a funding bill we are dis- Then we look at the Community De- try. It is a crying shame, and we ought cussing today, cuts entitlements for velopment Bank initiatives which were to do better than this. veterans by $6.7 billion over 7 years. designed to revitalize economically dis- Mr. LEWIS of California. Mr. Speak- Under the Republican budget, many tressed areas that program is being aber, I yield myself such time as I may veterans would pay more for their pre- solutely eliminated. The housing as- consume. scription drugs. In some cases, the cost sistance under section 8 which helps Mr. Speaker, I just might mention, in that veterans pay for prescription house poor Americans is being cut. responding to the gentleman’s com- drugs would double, and the cuts do not Homeownership grants, wherein we in ments, that, indeed, the assisted hous- stop there. this Congress have stood on the House ing, for example, in this country has The Republican budget demands floor and said we want Americans to increased in terms of budget by 50 per- that, in addition to the $6.7 billion vet- own homes, is being cut by 48 percent. cent in the last 4 years. All one has to erans’ cuts, all discretionary spending, b 1230 do is look across the country at including veterans’ programs, be re- Public housing modernization pro- boarded-up buildings in housing duced by 20 percent over the 7-year grams are being but by 32 percent. projects everywhere to know that it is combined period. Then the one-for-one replacement pro- time for us to rethink where we have Let us defeat this bad bill. It is un- gram to restore public housing is being been in terms of those programs. Clear- fair to our veterans. cut. Also when we talk about negotia- ly, this side is very concerned about Mr. STOKES. Mr. Speaker, I yield 1 tions in my city regarding a final solu- those future programs in terms of their minute to the distinguished gentle- tion to APV, located in the 18th Con- effectiveness, and it is time for us to woman from New York [Ms. gressional District in Houston, intru- take some new direction. VELA´ ZQUEZ]. ´ sions to prevent us from considering I said in my opening remarks the (Ms. VELAZQUEZ asked and was historic preservation issues and the re- Secretary Cisneros has publicly said on given permission to revise and extend peal of the Frost-Leland amendment many occasions it is time to rethink her remarks.) ´ which does not take into account the where we are going on housing. Money Mr. VELAZQUEZ. Mr. Speaker, I rise need for a local master plan for public is one way to do it; but, indeed, it is in strong opposition to this draconian housing being completed, are not help- important to make sure that the House conference report. This conference re- ful. This is not a good bill. This is an recognizes that it has a positive role to port is nothing more than a cruel at- intrusive bill in some areas and it play in terms of the change as well. tack on our children, the elderly and takes away the money from the people Mr. Speaker, I reserve the balance of the poor. These cuts are not about ar- who need it most. More-than is simply my time. bitrary numbers of the elimination of not good enough. Mr. STOKES. Mr. Speaker, I yield 1 port barrel projects. They are about Mr. Speaker, I include my complete minute to the gentleman from New human beings. Behind every dollar of statement on the conference report for Jersey [Mr. PALLONE]. this reduction, there is human tragedy. the RECORD, as follows: Mr. PALLONE. Mr. Speaker, I rise in Mr. Speaker, by gutting the MCKIN- Mr. Speaker, I rise today to express my opposition to the bill primarily be- NEY program, hundreds of thousands of opinion regarding the conference report on the cause of the impact on the environ- Americans will be forced to live in the VA±HUD appropriations bill. I applaud the ment. No other agency faces the type streets. As we begin the coming winter conferees for appropriating $13.8 billion for of cuts in this House that the EPA does months, the action taken on the floor NASA. This funding is more than the amount in this conference report. today will constitute a death sentence contained in the House bill. The Space Agen- It has already been mentioned that for many. cy will receive full funding for the space sta- EPA funding is cut by approximately These cuts mean less security serv- tion. Funding for other programs such as 20 percent, with enforcement being the ices and the elimination of critical so- human space flight, mission support and hardest hit in terms of cuts, almost 25 cial services. For the 500,000 public science, aeronautics and technology is slightly percent. We all read in the New York housing residents in the New York City below current level. Times last week that the EPA has had area, this reduction translates into de- While there are still challenges that remain to cut back on inspections and enforce- teriorating buildings, greater insecu- with respect to the space program, I believe ment already. This will only make it rity and fewer opportunities for eco- that NASA will continue to provide leadership worse. nomic advancement. This is shameful. to the rest of the world. In addition, more than half of the It is not enough that Republicans have The Department of Veterans' Affairs also re- original 17 antienvironmental riders slashed education, cut Medicare, and ceives funding that is only slightly below the have been included either directly or eliminated job training programs. Now current level, with the major spending reduc- through report language in this con- they are planning to throw poor people tions relating to the construction of VA facili- ference report. Since agencies often out on the street. Enough is enough. ties. Our veterans have made numerous sac- have to follow the dictates of the ap- Mr. STOKES. Mr. Speaker, I yield 1 rifices on behalf of our country and we must propriators, this shift to report lan- minute to the distinguished gentle- ensure that the needs of veterans remain a guage in my opinion does not mean woman from Texas [Ms. JACKSON-LEE]. top priority. that the damage to the environment (Ms. JACKSON-LEE asked and was Some of the provisions of the bill, however, will be any less. So I ask once again given permission to revise and extend trouble me, particularly funding for the Depart- that we oppose this bill and that it go her remarks.) ment of Housing and Urban Development and H 13758 CONGRESSIONAL RECORD — HOUSE November 29, 1995 the Environmental Protection Agency. The bill The provisions of the bill that relate to the police the polluters that they will not reduces spending for the Department of Hous- Environmental Protection Agency greatly con- have the resources to get the job done. ing and Urban Development by 17 percent cern me since the bill reduces overall funding This is the same group that tried to tie and for the Environmental Protection Agency for the Superfund Program by 13 percent. up and bind and shackle with 17 dif- by 21 percent. The Federal Emergency Man- There are several communities in my congres- ferent binders the right to protect agement Agency's funding has been cut by 17 sional district that have experienced problems against the environment, and even percent. with toxic waste areas such as Pleasantville some elements of their own party re- Furthermore, the conference report elimi- and Kennedy Heights. This is not the time to belled against it and said it would not nates funding for the AmeriCorps Program, reduce funding for the Superfund Program. stand. So now they have come back which is providing numerous opportunities for I am concerned about the reduction in fund- and they have tried every way they can young people to contribute to their commu- ing for State loan funds relating to upgrading to cut the power of our law enforce- nities. The Community Development Bank ini- facilities to provide safe drinking water and in- ment officers to protect and preserve tiative is also eliminated. The Community De- frastructure repair such as possibly Houston's our environment. It needs to be re- velopment Banking Program was designed to own wastewater project. And spending cuts for jected. revitalize economically distressed areas by programs that enforce other environmental Mr. STOKES. Mr. Speaker, I yield 1 providing grants, loans, and technical assist- and public health standards. minute to the gentleman from Califor- ance to financial institutions and community The VA±HUD appropriations bill is a com- nia [Mr. FARR]. development organizations in such areas. prehensive bill and a controversial bill. As we Mr. FARR. Mr. Speaker, I thank the With respect to housing, the conference re- debate the various provisions contained in this gentleman for yielding me the time. port eliminates funding for section 8 rental as- bill, I hope that my colleagues will carefully Mr. President, you should veto this sistance contracts and hope homeownership consider the policy assumptions that were in- bill. It kills a program that evokes the grants. Low-income assisted housing pro- volved in drafting the bill and the potential im- spirit of a national service program, grams are cut by 48 percent, public housing pact of such policies on millions of Americans. the AmeriCorps. Mr. LEWIS of California. Mr. Speak- modernization programs by 32 percent, sec- There are many other bad aspects of er, I yield 1 minute to my very effec- tion 202 elderly housing by 39 percent, section this bill but eliminating AmericCorps tive colleague from Florida [Mr. 811 disabled housing by 40 percent and is penny-foolish. It is a program that WELDON]. benefits the very heart of our commu- homeless programs by 27 percent. Mr. WELDON of Florida. I thank the I do not believe that it is necessary to make nities. kind gentleman for yielding me the these drastic cuts in spending. We have now In my district in California, we have time. AmeriCorps workers involved in the learned that the economic projections provided Mr. Speaker, I rise in very strong Boys and Girls Clubs, in Big Brothers by the Congressional Budget Office on the support of this conference bill and urge and Sisters, in the Food Bank of Mon- level of the budget deficit need to be revised. all my colleagues on both sides of the terey. Other housing reforms include the suspen- aisle to vote in favor of this. sion of the one-for-one replacement rule, I was particularly pleased that the We have 20 AmeriCorps volunteers in- which requires local public housing authorities conference was able to fully fund the volved in the Senior Companion Pro- to replace each public housing unit it demol- shuttle and the space station at near gram. I happened to swear in as a ishes with a replacement unit. Affordable the request level of the President, and former Peace Corps volunteer new housing should be a major priority for our I am particularly pleased that the con- AmeriCorps workers. The pledge of of- country. ference restored $100 million that the fice is something this Congress ought In connection with the issue of public hous- Senate had cut from the shuttle pro- to learn. The pledge of office to be ing, I am concerned that the conference report gram. AmeriCorps is to get the job done. The contains language that states: It allows NASA’s vital field research job that they are doing is essential to That historic preservation is an admirable centers to remain open so that they make our communities get back on goal, but that it is not good policy to require can continue to perform the important their feet both socially and economi- the preservation of buildings unsuitable for research work, and I am particularly cally. modern family life at the expense of low-in- I suggest that to eliminate that pro- come families in need of affordable housing. pleased that there is $25 million for a VA medical clinic in my district. The gram is not a very wise thing to do. Mr. I believe that it is necessary that we clarify veterans in my district have been wait- President, if this House cannot reject the issue of the importance of historic preser- ing 12 years for a medical facility. This the bill, then veto it. vation to the cultural heritage of our country. will allow these veterans to begin to Mr. STOKES. Mr. Speaker, I yield 1 Historic preservation guidelines contained in receive good quality medical care that minute to the gentleman from New current law and regulations have not delayed they have long deserved and they have York [Mr. ENGEL]. the process of rehabilitating facilities such as long been waiting for. Mr. ENGEL. I thank the gentleman Allen Parkway Village in Houston. Let me also I would again urge all my colleagues for yielding me the time. add that many officials in my hometown of to put aside their partisan differences Mr. Speaker, this bill is an awful bill Houston also recognize the role of historic and vote in favor of this bill. It is a and I hope it is defeated. Let us look at preservation in providing affordable housing to good bill. It is good for veterans. It is what it does. It cuts housing programs the citizens of Houston. good for NASA. I would encourage its by 21 percent. It cuts environmental I also believe it was unnecessary to include support. protection by 21 percent, the Superfund language in the conference report, at this time, Mr. STOKES. Mr. Speaker, I yield 1 by 19 percent, homeless programs by 27 that repealed the Frost-Leland provision, minute to the gentleman from Texas percent. which prohibited Federal funds from being [Mr. DOGGETT] The Republicans give our veterans an used to demolish Allen Parkway Village in Mr. DOGGETT. I thank the gen- amendment against burning the Amer- Houston. This repeal is untimely because all tleman for yielding me the time. ican flag, but what do they do to veter- interested parties in the effort to rehabilitate Mr. Speaker, this bill should be prop- ans’ needs? They cut construction or and build new housing at the Allen Parkway erly entitled the Unilateral Disar- improvement at VA facilities by 62 per- Village facility met yesterday to reach an mament Act of 1995 because what it is cent and slash all kinds of other help agreement to move the process forward and all about is unilaterally disarming our to our veterans. It is nothing but a to create a master plan. I recognize, however, capability to provide for clean air and sham and a shell game that is being that it is important that municipalities have the clean water. It just returns to the old perpetrated on our veterans. The ability to make the best use of taxpayers funds Gingrich-ite philosophy of the environ- AmeriCorps Program, the community by being able to seek reimbursement from the ment, ‘‘Polluters know best.’’ development bank initiative and doz- Federal Government when some of the struc- Well, we do not think they know ens of housing programs are elimi- tures within a housing facility must be demol- best, and we think it is essential that nated. All of the original 17 EPA riders ished. At the appropriate time with the estab- this Nation have the capability to pro- which the House instructed to drop lishment of an inclusive master plan to restore vide for clean air and clean water. were removed from the bill. housing for needy and working families such a This is a bill for unilateral disar- We are talking about America’s fu- repeal should be implemented. mament. It says to those who would ture here. What we are doing is we are November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13759 slashing all these good programs to pay House floor, and that is good. But as legislation established appropriate for a tax cut for the rich. It is really a the previous colloquy indicated, many funding levels for programs and poli- disgrace. of those riders have found their way cies and did not create new programs Mr. LEWIS of California. Mr. Speak- back into the statement of managers. without the direction of authorizing er, I yield 30 seconds to the gentleman While those riders in the statement committees. from New York [Mr. BOEHLERT] for pur- of managers do not have the force of I remain convinced that the original poses of a colloquy. law, they certainly do place a consider- House funding levels for housing pro- Mr. BOEHLERT. Mr. Speaker, I able burden on the agency, in that they grams supporting vulnerable popu- thank the gentleman for yielding me require the agency to try to take into lations should be maintained. Section the time. account the opinion of the committee 202, which provides housing support for I appreciate the work the chairman when they drafted that statement on elderly families, and section 811, which has done to ensure that the bill and the the part of the managers. When we are assists disabled families, are programs managers’ language reflect the House dealing with an agency such as EPA, we should strongly support. We need to concerns about environmental riders. which has tended to follow guidance do better. As the chairman knows, I am still a bit provided in statements of the manager Section 202 represents hope for many uncomfortable with the managers’ lan- in years past unless they are forbidden of our seniors seeking a decent home. guage. I just want to ask the gen- to do so by law, I think that what it These are our parents and grand- tleman to make clear that report lan- really does is put the Congress on parents, people whose lives were spent guage does not have the force of law. record in support of a good many anti- contributing to their community and So am I correct in saying that the environmental positions which I do not who deserve our support now. managers’ language is not binding and believe the Congress wants to do, given Section 811 allows families trying to raise children with disabilities or dis- should not be interpreted by the courts its vote on those riders just a few abled adults looking for supportive as having the force of law? weeks ago. Mr. LEWIS. If the gentleman will Let me also note with respect to vet- housing to get the assistance they need yield, bill language has the force of erans that despite the fact that this and the support they deserve. Again, law, managers’ language does not, es- bill had about $1.5 billion more to work this is the type of program this House must protect. pecially when recognizing the way the with in reality than the bill had when Mr. Speaker, there are improvements agency the gentleman is concerned it left the House, that despite that in the conference agreement. The au- about relates to the Congress. fact, veterans’ medical care is funded thorization committees are aware of Mr. BOEHLERT. I thank the gen- $213 million below the amount origi- the problems the appropriators face. In tleman for his response. nally contained in the House bill. I Mr. STOKES. Mr. Speaker, I yield 5 fact, we donated over a billion dollars think that is wrong. from a change to the FHA assignment minutes to the gentleman from Wis- Let me state that again. Despite the program inserted by the House Bank- consin [Mr. OBEY], the distinguished fact that the committee and $1.5 billion ing Committee to assist the Appropria- ranking member of the full Committee more to work with than the House bill, tions committees in their work. We re- on Appropriations. veterans got $213 million less than they Mr. OBEY. Mr. Speaker, when I first alized the difficult pressures on the Ap- would have gotten in the House bill for propriations Committee, and therefore came to Congress and later joined the veterans’ medical care. we allowed them to claim a portion of Committee on Appropriations as a very I congratulate the committee for the savings from our reconciliation young Member of Congress, in fact the dropping its plan to reduce benefits for package to benefit housing programs, youngest Member of Congress at that what are known as incompetent veter- to ensure that low-income families time, I was asked why I had tried so ans. That was also mentioned by one of would not face higher rents, so that hard to get on the Committee on Ap- our friends on the Republicans side of public housing authorities would not propriations rather than some of the the aisle earlier. I congratulate the face new reductions in their operating other committees around here. I said committee. As Members know, we of- subsidies without giving time for new at that time that the reason I did that fered an amendment on this side of the reforms and deregulations to take ef- is because I thought that, more than aisle to try to require that that provi- fect. anything else that Congress does, our sion be eliminated. It was not accepted Obviously, we must include some pro- budgets define what it is that we value. on the floor. I am happy it was accept- visions to alleviate difficult budget I think this bill tells a very sad story ed now. pressures. These provisions are good about what this Congress apparently But nonetheless, I do not think that policy choices as well. Removing dis- values because, as the previous speaker we can justify cutting veterans’ medi- incentives that prevent low-income on our side of the aisle indicated, this cal benefits by $213 million. My motion tenants from going to work is a great bill makes huge reductions in housing, to recommit will eliminate that reduc- step forward for this Congress and I ap- it makes huge reductions in our ability tion and would restore that $213 mil- plaud Chairman LEWIS for working to enforce environmental cleanup leg- lion. I would urge that Members vote with me to correct this for fiscal year islation. In that sense I think it will ‘‘yes’’ on the motion to recommit and 1996. But I would stress that the real leave this country much poorer, both then ‘‘no’’ on the bill. work of drafting policy reforms is not in terms of the housing stock available Mr. LEWIS of California. Mr. Speak- to be found here in an Appropriations to low-income people in this society er, I yield 2 minutes to the gentleman bill, rather it is the subject of the hard and most especially poorer in terms of from New York [Mr. LAZIO]. work of the Subcommittee on Housing the quality of the air, the quality of (Mr. LAZIO of New York asked and and Community Opportunity is cur- the water, and the quality of the living was given permission to revise and ex- rently engaged in. environment that our kids and our tend his remarks.) I intend to work with my very distin- grandkids will be living. Mr. LAZIO of New York. Mr. Speak- guished colleague and chairman of the This bill is going to be vetoed and it er, I rise today in support of this con- Appropriations Committee, Mr. LIVING- should be vetoed because it is, I think, ference report with some resesuations. STON, as well as with my friend, Mr. an abdication of our responsibilities to We need to pass this bill to move the LEWIS, to ensure that the House posi- be stewards of the environment and to process forward. Although I have the tion on these areas that remain in con- be stewards of the entire ecosystem. greatest respect for the chairman of flict are maintained when the bill I also think it abdicates in many the Appropriations Subcommittee, comes back to this House. ways the responsibilities that we have Chairman LEWIS, and I agree with him I would ask my colleagues who vote to our veterans. It cuts $900 million more often than not, I hoped the result to support this legislation today to from the VA request. of the House-Senate conference on H.R. withhold their support of any future It eliminates, it is true it eliminates 2099 would be better. bill unless changes are made to shift 17 anti-environment riders which were As chairman of the Subcommittee on priorities back to deserving low-in- earlier attached to this bill and then Housing and Community Opportunity, come families and to eliminate unnec- later stripped out by a motion on the I have worked hard to make sure this essary legislative provisions. H 13760 CONGRESSIONAL RECORD — HOUSE November 29, 1995 b 1245 the coming fiscal year to those pro- Mr. Speaker, I urge a ``no'' vote on this con- Mr. STOKES. Mr. Speaker, I yield grams will be voted for up or down on ference report. myself the balance of my time. this vote. So if you are for supporting Mr. FARR of California. Mr. Speaker, this is Mr. Speaker, first, I want to strongly veterans, then you should be voting a bad bill camouflaged by the military uniforms support the motion to recommit which ‘‘aye’’ on this measure. of our former service men and women. Not has been offered by the gentleman from Having said that, Mr. Speaker, the only will this bill hurt veterans, the environ- Wisconsin [Mr. OBEY]. most important challenge that we have ment, and tenants in low-income housing, but I think it is important that we re- during this Congress, the people have it eliminates funding for AmeriCorps, the na- commit this bill, and, therefore, I urge said very clearly that we must move tional service program. my Members and our colleagues to sup- toward balancing the budget. The In my district, there are tens of thousands of port it President has signed on. The House has veterans and military retirees who rely on Mr. Speaker, it is unusual for a bill committed by way of its budget actions medical assistance and quality medical facili- to be so bad that none of the Demo- we will move toward balancing our ties. Unfortunately, the cuts in this bill will cratic conferees on the House side budget at least in a 7-year period. threaten the quality care they depend on. For would sign the conference report. It is Beyond the rhetoric of balancing the example, it cuts nearly $400 million in medical a bill which the President has told the budget, this is a time to begin voting. care from the administration's request and conferees is so bad that he will veto it This bill, of all appropriations bills, eliminates educational help for those who in its current form. makes the single largest reduction in a agree to work at VA facilities. The conference agreement eliminates pattern of ever-increasing Federal Many veterans and military retirees are will- funding for the President’s AmeriCorps spending. Because of that, I suggest my ing to make a sacrifice in the effort to end the service program, the community devel- colleagues take a hard look at saving deficit, but we should not target them un- opment bank initiative, the FDIC af- $9.2 billion below the President’s re- fairlyÐand, unfortunately, this bill does just fordable housing program. It also quest. that. eliminates several other housing pro- This bill is an important bill because This bill will also hurt the environment by grams. it does make a difference if you believe cutting the EPA's funding by over $1.5 billion I can understand why the chairman in balancing the budget. from this year's budget. In my coastal district, of the Subcommittee on Housing and Mrs. MINK of Hawaii. Mr. Speaker, I rise in less money will be given to help local commu- Community Opportunity has just said opposition to Conference Report 104±353 for nities keep the Monterey Bay clean and to the House that he is voting for it the VA±HUD and independent agencies ap- healthy. This bill will also hurt the public by with some very severe reservations in propriations bill for fiscal year 1996. preventing EPA from expanding its list of the light of the cuts in these programs. I According to a November 9, 1995, article in toxic chemical releases that companies must can understand why he made that the Honolulu Star Bulletin: make public. Finally, this bill hurts our young statement. The Honolulu median price among existing people. It also cuts the office of consumer af- houses and apartments changing hands, As we approach a new millennium, we need fairs. $350,000, was one-third higher than the next- to renew the spirit of our Founding Fathers. A There are provisions in the bill which highest city, San Francisco, where the me- program that evokes that spirit is the national will act to raise rents for families liv- dian was $263,300, according to a report today service program, AmeriCorps. It is a volunteer by the National Association of Realtors. ing in public housing, in section 8 hous- program that worksÐit should not be arbitrar- ing. H.R. 2099, appropriates a mere $19.3 billion ily cut. It is an investment in our futureÐac- In a letter received from the Admin- for the Department of Housing and Urban De- cording to IBM for every dollar AmeriCorps in- istration, the President expresses con- velopment. This is less than either the House vests, the community will realize a return of cern about the $162 million reduction or Senate-passed versions of the bill. It is a $1.60 to $2.60 or more in direct benefits. in funds that were requested to go di- $5.3 billion reduction from the fiscal year 1995 AmeriCorps workers are involved in every as- rectly to the States and needy cities appropriation and it is $6.2 billion, or 24.3 per- pect of our communities, teaching in schools, for clean water and drinking water cent, less than the administration budget re- feeding the homeless, and counseling troubled needs. He cites the more than 50 per- quest. youth. cent cut for the Council for Environ- H.R. 2099 would permit the Secretary to In my district in California, we have mental Quality. He also cites the fail- manage and dispose of multifamily properties AmeriCorps workers involved with the Boys ure of the bill to provide funding for owned by HUD and multifamily mortgages and Girls Club, Big Brothers and Sisters, and economic development initiatives. held by HUD without regard to any other pro- the Food Bank of Monterey. We have 20 Finally, in his letter or communica- vision of law. Provisions established to protect AmeriCorps members involved in the Senior tion to us, the President says, and I the needy will be ignored. Companion Program which has low-income quote, ‘‘Clearly this bill does not re- Assistance for homeless programs would be seniors assisting other seniors, allowing them flect the values that Americans hold cut by $297,000, dropping funding in this area to lead independent lives. dear.’’ He urges the Congress to send from $1.1 billion in fiscal year 1995 to $823 Several weeks ago I had the privilege of him an appropriations bill for these million in fiscal year 1996. swearing in two AmeriCorps volunteers in Hol- important priorities that truly serve Finally, opportunities for tenant-sponsored lister. They will be working on developing a the American people. organizations, nonprofit organizations, and new youth center and administering the city's This bill, in its present form, does others, to purchase the buildings they reside housing rehabilitation program. Unfortunately, not adequately serve the American in, would be eliminated. H.R. 2099 sunsets this bill terminates funding for AmeriCorps. people. The President is going to veto preservation programs after October 1, 1996. As a former Peace Corps volunteer, I know it. The Emergency Low Income Preservation Act the benefits of volunteer service. No one can I urge my colleagues to defeat this of 1987 and the Low Income Housing Preser- quantify the benefits an AmeriCorps worker conference report. vation and Resident Homeownership Act of gives to his or her community. Unfortunately, Mr. Speaker, I yield back the balance 1990 would be eliminated by this time next the communities of Hollister and Monterey will of my time. year. These programs help tenant-sponsored notice the loss of this valuable volunteer serv- Mr. LEWIS of California. Mr. Speak- organizations, nonprofit organizations, and ice benefit. er, I yield myself the balance of my many others acquire buildings for their low-in- This is yet again another example of Repub- time. come residents. lican budget-cutting that is penny-wise and Mr. Speaker and my colleagues, this These cuts are not slowing growth, but de- pound-foolish. is a very, very important vote. liberate and undeniable reductions in program Mr. HOYER. Mr. Speaker, I rise in opposi- I would mention one more time to funding. tion to the conference report on HUD±VA. the House that any funding that is In addition to all of these cuts in the VA± This bill contains some of our Nation's most made available to very important pro- HUD appropriations bill, the budget reconcili- important priorities, and I was pleased that the grams—such as those serving veterans, ation bill contains further reductions and will conference agreement protects space re- those serving housing, those programs eliminate the low-income housing tax credit search. Nevertheless, the overall cuts which that involve the EPA, a variety of which encourages investment in housing for were sustained by the EPA and Superfund are other agencies—any funds that go in low-income families. unacceptable. Preserving our environment is November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13761 too important to be traded off for other prior- the 26 percent cut in housing programs, the 8 percent of our Nation's childrenÐour fu- ities. Therefore, I oppose this bill. 27 percent cut in homeless programs, and the tureÐlive in these households. I commend the conferees for providing fund- 21 percent cut in the programs of the Environ- In this Nation, we already have at least 4.7 ing to NASA to continue important work on mental Protection Agency [EPA]. million fewer affordable rental units than we space science and move the space station for- I would like to thank the chairman of the need, and more than 1.5 million households ward. I especially want to thank the conferees committee and the conferees for continuing to are on waiting lists for public or assisted hous- for providing $1.26 billion for mission to Planet fund the Housing Opportunities for People with ing. This number will increase dramatically Earth. The research this sponsors will greatly AIDS [HOPWA] program as a separate pro- and quickly if this bill becomes law. Under the enhance weather forecasting, and allow us to gram. The $171 million provide for HOPWA, funding levels contained in this bill, no addi- protect lives and property by giving better ad- the same level as the post-rescission funding tional families will receive Federal housing as- vance warning before severe weather such as in fiscal year 1995, will help communities sistance, and for those families who have hurricanes. I am pleased that today, this bill across the Nation as they develop local solu- been on waiting lists, sometimes for years, reaffirms the importance of the work that is tions to problems confronting people with HIV/ their hopes for decent housing grow even dim- done at the Goddard Space Center. AIDS. Because new communities qualify for mer. Nevertheless, the funding cuts for EPA in HOPWA funds this year, the level of funding These cuts would be bad enough if they this bill are an unacceptable attack on our en- to communities already receiving HOPWA were being done on their own. They are not. vironment. grants will be reduced. This problem could Coupled with the dismantling of the Federal Funding for Superfund cleanup has been have been resolved by providing a higher level safety net and draconian cuts in Federal pro- cut by 19 percent. This leaves no flexibility to of funding. However, I am pleased that grams contained in other legislation passed by take care of sites which will be identified as HOPWA is being maintained as a separate CongressÐincluding cuts in welfare, food problems in the upcoming year. The Fifth Dis- program and will, therefore, not have to com- stamps, the Earned Income Tax Credit, Medic- trict of Maryland has five areas which are cur- pete with housing for the disabled and the el- aid, education and job trainingÐthe cuts in rently being considered for Sueprfund cleanup derly. housing and homelessness programs in this assistance. All five contain pollution which I would also like to commend the conferees bill add up to disaster. These cuts create in- threatens the health and well-being of Fifth for their efforts to address the continuing surmountable odds for America's struggling District residents. It is unfair to limit clean up threat to the affordable housing stock posed working lower income families and increased progress to currently identified sites. This bill by prepayment. This conference report pro- demand for local community assistance, with will exclude many dangerous areas from get- vides $624 million for a modified preservation/ no hope of Federal assistance. The needs do ting clean up help prepayment program. Although I am con- not go away because Congress has taken the I am also concerned about the impact of cerned that the funds are insufficient to meet money away. In many cases, the needs will EPA cuts on our ongoing efforts to clean up the needs, I am pleased that the conferees grow. This bill is cruel and cold-hearted. It the Chesapeake Bay. Under this conference recognized that there is a serious problem and does not reflect American values. report, EPA funding would be cut more than are interested in developing a solution to it. I also oppose the provisions in this con- one-fifth. This means that available funding Despite these provisions, I oppose this bill ference report which would cut the funding will be directed to dealing with crises. Long- because it reneges on our Federal commit- levels for the Environmental Protection Agency term restoration efforts will bear the brunt of ment to help this Nation's families. Strong by 21 percent. the cuts. For example, we recently discovered families make our communities strong and These provisions not only severely limit the that as much as 30 percent of the nitrogen strong communities make our Nation strong. agency's ability to protect our lands, air, and pollution in the bay is due to airborne, not wa- For families to be strong, they must have ac- water; but they also continue the full-scale as- terborne, contamination. The cuts in this bill cess to the basicsÐemployment, education, sault on the environment that began on the will force the EPA to stop much of this type of healthcare, and housing. This bill dramatically first day of the 104th Congress. research. Likewise, our ongoing programs to decreases the ability of local communities to Poll after poll has indicated that the Amer- reintroduce rockfish and other species to the provide access to decent, safe, and affordable ican people favor strong environmental laws. bay may also be put on hold. housing for America's families. We should not be willing to sacrifice the health I am pleased that the Chesapeake Bay pro- The costs to our society of homelessness and safety of our children. For the families, gram has been funded under this bill. How- are significant and they are long-term. At the children, and citizens of America, I urge my ever, as any fisherman will tell you, our efforts simplest level, the costs are financial. It costs colleagues to oppose this conference report. to restore the bay and its oyster population more to return homeless people to the main- Mr. EWING. Mr. Speaker, I would like to are dependent upon the quality of the water stream of society than it costs to prevent them raise some strong concerns I have with lan- that flows into the bay. The ultimate success from becoming homeless in the first place. guage contained in the conference report on of our efforts to restore the economic and en- But, the costs to society of homelessness go H.R. 2099 concerning the ongoing efforts in vironmental vitality of the bay depend on far beyond financial ones. the Department of Housing and Urban Devel- cleaning up the Patuxent, Anacostia, and Po- Children growing up homeless in the streets opment to move toward Federal regulation of tomac Rivers. These are precisely the sorts of today will carry the scars of their childhood ex- so-called redlining within the property insur- long-term projects which are most likely to be periences and the memories of society's indif- ance industry, an area of regulation tradition- delayed as scarce funding turns to short-term ference to them into their adulthood. We are ally left to the States. emergency responses and crisis management. being willfully blind if we refuse to see that so- The VA/HUD bill approved by the House These cuts show the folly of attempting to ciety's indifference today will cost us tomor- earlier this year contained language requested cut taxes while balancing the budget. I believe row. by me, Representative KNOLLENBERG, and a we must balance the Federal budget, for the The conference report to H.R. 2099, like so number of other Members from throughout the sake of our children and grandchildren. But I many of the pieces of the agenda of this Re- country which would have reestablished the do not believe that spending $245 billion to publican-controlled Congress, targets its hard- States' right to regulate the insurance industry give tax breaks to our wealthiest Americans is est hits at the most vulnerable. In the case of and address rules dealing with any redlining a wise use of taxpayer funds. These cuts are housing, those hit the hardest are the poorest problems in their respective States, and pro- not to balance the budgetÐthey are paying for residents in public and assisted housing and hibited HUD from spending fiscal year 1996 the tax cut. How will our grandchildren judge poor working families, too many of whom live dollars on promulgating redlining regulations us if we fail to preserve our Nation's environ- on the streets. The median income of house- and funding projects by activist groups. I com- mental and economic viability? Will giving a holds receiving Federal housing assistance is mend and thank Chairman LEWIS for working tax cut be an adequate defense? I believe not, $8,000. These households simply have no ad- to include this language in the House bill. and I urge my colleagues to join me in voting ditional resources with which to pay for in- HUD has no statutory authority to be in- against this bill. creases in housing costs. volved in this area, and under the McCarran/ Ms. PELOSI. Mr. Speaker, I rise today in Currently, more than 5.6 million very-low-in- Ferguson Act regulation of insurance is prop- opposition to the conference report on H.R. come households in this country pay half or erly handled by the States. The States are ex- 2099, the fiscal year 1996 VA±HUD appropria- more of their incomes for rent or live in sub- ercising that authority to address redlining tions bill. While the measure before us is standard housing. Between 1989 and 1993, problems where they exist, and there is abso- slightly better than the one passed by the this group grew by 600,000 householdsÐa lutely no reason for HUD to get involved. House, it has a long way to go before it is ac- growth rate which will be dwarfed by the one The House of Representatives clearly en- ceptable. I am particularly concerned about ahead of us if this bill becomes law. More than dorsed this view when it voted 266 to 157 H 13762 CONGRESSIONAL RECORD — HOUSE November 29, 1995 against an amendment to strike this section operations. Provisions in this report hamstring selenium into local waterways, with potentially from the bill. The Senate bill did not contain the ability of the Environmental Protection serious results on waterfowl and other marsh similar language when it went to conference. Agency to enforce the laws that keep our wildlife. Shell, like Unocal and Exxon, failed to I am deeply distressed that the conference water clean, our air safe, and our communities meet a 1993 deadline to reduce selenium dis- committee not only deleted this section, but free from toxic dangers. charges. Some also charge the refineries with replaced it with report language which takes a This conference report bars EPA from pro- the release of dioxins that have been linked position directly opposite of the House-ap- tecting wetlands, limits EPA's authority to list with cancer and other serious health prob- proved language prohibiting redlining regula- new hazardous waste sites, and bars the issu- lems. tion. In particular, the language calls for con- ance of new standards to protect the public Earlier this year, a pipeline leak at the Dow gressional committees to take action ``so that from drinking water contaminated by radon. Chemical plant in Pittsburg, CA, released dis- a clear statutory basis of regulation can be As a representative of a heavily industrial solved chlorine hydrochloric acid and carbon provided, and effective antidiscrimination regu- district where constituents have often been tetrachloride, affecting nearby residents. The lation of insurance activities enforced'' with re- subjected to health hazards both on the job examples go on an on: Unocal of Rodeo spect to redlining. This is a position with which and in the community, this legislation contains dumped 200 tons of toxic chemicals onto sur- I vehemently disagree and which is diamet- unacceptable waivers from basic laws in- rounding communities over a 16-day period. rically opposed to the position taken earlier by tended to protect the public from serious Although plant managers were aware of the the House. threats to health and safety. Instructions bur- leak and workers informed their supervisors, I have every confidence that if this bill is ve- ied in the legislative history of this conference the leak was permitted to continue for 16 days toed by the President, as is expected, this report direct EPA to: Exempt the oil and gas before the damaged unit was finally shut matter will be addressed again by the Appro- industry from requirements to develop acci- down, leaving hundreds of people with long- priations Committees. I thank Chairman LEWIS dent prevention plans; excuse the oil and gas standing illnesses. for his support and look forward to working industry from reducing toxic air pollution from There are a lot of people in this House who with him in the future to include the previously refineries; and infringe on the public's right to obviously do not believe our communities, our adopted language to prohibit HUD for regulat- know by limiting the kinds of information about constituents, or our employees need or de- ing property insurers in any future version of air and water pollution that industries must reserve the protection of their Government from this legislation. port for the Toxic Release Inventory. the contamination and poisonings associated Ms. ROYBAL-ALLARD. Mr. Speaker, I rise The Seventh District of CaliforniaÐlike with industrial actions. I do not know if they in strong opposition to the VA±HUD appropria- much of the San Francisco Bay areaÐhas are misinformed, naive, or swayed by the spe- tions conference report. had a long and unhappy history with industries cial interests who are behind the weakening of This bill makes dangerous and unnecessary that have leaked, spilled, spewed, emitted, the EPA and behind this legislation. But the cuts in programs protecting the health and discharged, and released up to 40,000 tons of effect is the same. welfare of our Nation. hazardous materials, with serious results on Laws written to protect our citizens and our It decimates important environmental protec- our community. Indeed, our region has been communities are being trampled by special in- tion programs by cutting EPA funding by 21 affected by dozens of releases of hazardous terest money and influence and, quite literally, percentÐthe largest targeted cut for any sin- chemicals and other substances into our people are going to die as a result of this ca- gle Federal agency. water, our air, and our lands. pitulation to corporate interests. The San Joaquin River, which discharges I recognize everyone in this House can It also slashes public housing programs by into the fragile Sacramento-San Joaquin Delta, point to some example of another of bureau- 21 percent and homeless programs by 27 per- dumps the following loads every year into that cratic overstepping, and we need good faith cent, at a time when public housing needs are estuary: arsenic, 12 metric tons; chromium, 66 efforts to minimize that kind of obstructionism rising, not falling. tons; lead, 51 to 55 tons; and nickel, 51 tons. and redtape. But protecting our constituents The impact of these cuts will be felt in urban In 1993, the General Chemical Co. of Rich- from the well-documented cases of industrial and rural areas throughout the Nation. For ex- mond, CA, released a huge amount of oleum contamination and poisoning by undercutting ample, in Los Angeles County alone, reduc- into the air, forcing 24,000 people to seek the EPA is irresponsible and condemnable. tions in the incremental section 8 housing pro- medical attention. General Chemical was We should vote against this legislation and gram will deny rental assistance to 40,000 in- charged with numerous violations of civil and stand up for the men and women who work in dividuals and families currently on the county's criminal law, including failure to maintain our factories, live in our communities, and look waiting list. equipment, failing to provide adequate em- to their Government to provide them with a I urge my colleagues to reject the flawed ployees training, failure to provide employees funding priorities reflected in this bill by defeat- basic amount of protection and security. with protective equipment, and negligently I urge the House to reject the conference ing the conference report. emitting an air contaminant. report. Mr. MILLER of California. Mr. Speaker, my The General Chemical crisis illustrates the Mr. KILDEE. Mr. Speaker, last month I had colleagues on the other side of the aisle are accuracy of the principle: prevention pays. the honor to host in my district one of the fin- playing an increasingly dangerous game with General Chemical was required to pay $1.18 est public servants who has ever served the public health and the environment. million in fines to the Government agencies combat veterans of this NationÐthe Honor- Every poll shows that Americans oppose the and recently agreed to a $180 million settle- able Jesse Brown. weakening of environmental standards. In fact, ment with thousands of its victims. For a small Secretary Brown did not just talk to the vet- an ABC/Washington Post poll showed that 70 amount of that money, General Chemical erans at the VFW hall in Davison, MIÐhe took percent of respondents felt that the Federal could have had in place the safety policies the time to carefully listen to the concerns of Government has not done enough to protect and technology that would have prevented the each veteran who attended the town hall the environment. If you ask questions about release, and the subsequent damage and meeting. He talked individually to literally doz- the protection of communities and employees costs, in the first place. ens of the veterans that day. from hazardous industries and substances, the There are those who believe that industry But now some Members of Congress want public support is even higher. will act to minimize risks to its employees, the to muzzle Secretary Brown because he has And yet the Republican leaders of this Con- community, and the environment without the become a real advocate for the veterans and gress, beginning with the blatant efforts to re- compulsion of safety regulations. They are their needs. peal much of the Clean Water Act as part of sadly naive. Time and again, in my community In yet another attempt to stifle opposition to the Contract With America, have unleashed an and around this country and indeed the world, their agenda, these Members of Congress unprecedented assault on the safety of Ameri- we have learned the lesson that removing want to severely cut funding for the veterans ca's communities. That assault has been pro- safety regulations invariably leads to short Secretary's office as a means of sending moted, drafted, and financed by the very in- cuts and practices that endanger thousands of Jesse Brown a message. dustries and special interests that are benefit- lives. Those who seek, in this legislation, to These cuts in the Secretary's personal office ing from the Republican revolution. pare back the important work of the Environ- are in addition to the harsh cuts already con- This conference report is a startling example mental Protection Agency, or elsewhere attack tained in the appropriations bill. of this capitulation by the Republican Con- the Occupational Safety and Health Adminis- Mr. Speaker, such behavior should be be- gress to the special interests who have long tration or the Mine Safety and Health Adminis- neath the dignity of this House. challenged the authority of public entities to tration, would do well to consider this record. I urge Members to join me in opposition to regulate the safety of the workplaces, the The Shell refinery in Martinez, CA, like other this attack on the Secretary of Veterans' Af- safety of their products, and the safety of their local refineries, discharged large amounts of fairsÐand oppose this appropriations bill. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13763 Mr. LARGENT. Mr. Speaker, I support pas- committee of conference with instructions Torkildsen Wamp Williams sage of the VA±HUD conference report to to the managers on the part of the House to Torres Ward Wilson insist on the House position on Senate Torricelli Waters Wise H.R. 2099. I want to thank Chairman Lewis Traficant Watt (NC) Woolsey amendment numbered 4. and the conferees for their diligence on this Velazquez Watts (OK) Wyden bill, and their willingness to work with me and The SPEAKER pro tempore. Without Vento Waxman Wynn Visclosky Whitfield Yates members of the Oklahoma delegation, to in- objection, the previous question is or- corporate report language compelling the EPA dered on the motion to recommit. NAYS—208 to properly notify corporations or persons as a There was no objection. Allard Frisa Myrick potentially responsible party [PRP] for facilities The SPEAKER pro tempore. The Archer Gallegly Nethercutt on the Superfund's national priorities list. Armey Ganske Neumann question is on the motion to recommit. Bachus Gekas Ney I know that the House Commerce and The question was taken; and the Baker (CA) Geren Norwood Transportation and Infrastructure Committees Speaker pro tempore announced that Baker (LA) Gilchrest Nussle are currently in the process of reauthorizing the noes appeared to have it. Ballenger Gillmor Oxley and reforming the Superfund Program which is Barr Goss Packard Mr. OBEY. Mr. Speaker, I object to Barrett (NE) Graham Parker in critical need of improvement. However, for the vote on the ground that a quorum Bartlett Greenwood Paxon some unfortunate parties, Superfund reform is not present and make the point of Barton Gunderson Petri Bass Gutknecht Pombo may be a case of too littleÐtoo late. order that a quorum is not present. Presently, there are policies which the EPA Bateman Hancock Porter The SPEAKER pro tempore. Evi- Beilenson Hansen Portman should be implementing that would save a dently a quorum is not present. Bereuter Hastert Pryce great deal of time, money, and legal maneu- Bilbray Hastings (WA) Quillen vering in the context of reform and good gov- The Sergeant at Arms will notify ab- Bilirakis Hayworth Quinn ernment. Superfund's overreaching, illogical, sent Members. Bliley Heineman Radanovich The vote was taken by electronic de- Blute Herger Ramstad and unfair liability snarls have deflected the Boehlert Hobson Regula program from its intended function: to protect vice, and there were—yeas 216, nays Boehner Hoekstra Riggs human health and the environment in a realis- 208, not voting 8, as follows: Bonilla Hoke Roberts [Roll No. 829] Bono Horn Rogers tic cost-effective manner. Despite the expendi- Brownback Hostettler Rohrabacher ture of at least $25 billion in Federal and pri- YEAS—216 Bryant (TN) Houghton Ros-Lehtinen Bunn Hunter Roukema vate funds over the past 15 years, cleanup Abercrombie Fox Meehan Bunning Hutchinson Royce construction has been completed at only 291 Ackerman Frank (MA) Meek Burton Hyde Salmon Andrews Franks (CT) Menendez out of nearly 1,300 sitesÐa whopping 12 per- Buyer Inglis Sanford Baesler Frost Mfume Callahan Istook Saxton cent success rate. Baldacci Funderburk Miller (CA) Calvert Johnson (CT) Schaefer I wholeheartedly concur with the conference Barcia Furse Minge Camp Johnson, Sam Schiff report language which states, Barrett (WI) Gejdenson Mink Canady Kasich Sensenbrenner Becerra Gephardt Moakley Potentially responsible parties [PRP’s] Chabot Kelly Shadegg Bentsen Gibbons Mollohan have a reasonable expectation to be notified Chambliss Kim Shaw Berman Gilman Montgomery by the EPA in a timely manner and within a Chenoweth King Shays Bevill Gonzalez Moran Christensen Kingston Shuster time frame that permits participation in Bishop Goodlatte Murtha Chrysler Klug Skeen remedy selection and execution. In particu- Bonior Goodling Nadler Clinger Knollenberg Smith (MI) lar, it is inequitable and unconscionable for Borski Gordon Neal Collins (GA) Kolbe Smith (NJ) the agency to identify a PRP without the Boucher Green Oberstar Combest LaHood Smith (TX) Brewster Gutierrez Obey means to effectively participate in remedy Cooley Largent Smith (WA) Browder Hall (OH) Olver selection and execution and then, after the Cox Latham Solomon Brown (CA) Hall (TX) Ortiz remedy has been substantially completed, to Crane LaTourette Souder Brown (FL) Hamilton Orton Crapo Laughlin Spence attempt to identify other parties to pay for Brown (OH) Harman Owens Cremeans Lazio Stump remedial activity. Bryant (TX) Hastings (FL) Pallone Cubin Leach Talent Burr Hayes Pastor Additionally, the report language makes Cunningham Lewis (CA) Tate Cardin Hefley Payne (NJ) DeLay Lewis (KY) Tauzin clear that the EPA should review all of its ac- Castle Hilleary Payne (VA) Diaz-Balart Lightfoot Taylor (NC) tivities to determine the extent to which such Chapman Hilliard Pelosi Dickey Linder Thomas Clay Hinchey Peterson (FL) situations have occurred and, in conjunction Doolittle Livingston Thornberry Clayton Holden Peterson (MN) with the Department of Justice, make every ef- Dornan Longley Tiahrt Clement Hoyer Pickett Dreier Lucas Upton fort to remedy such actions in a Clyburn Jackson-Lee Pomeroy Duncan Martini Vucanovich nonconfrontational, nonlitigious manner. Coble Jacobs Poshard Dunn McCollum Waldholtz Coburn Jefferson Rahall I strongly encourage EPA Administrator Ehlers McCrery Walker Coleman Johnson (SD) Rangel Browner to abide by the spirit of this language Ehrlich McDade Walsh Collins (IL) Johnson, E. B. Reed Emerson McHugh Weldon (FL) and not take any premature actions which Collins (MI) Johnston Richardson English McInnis Weldon (PA) may lead to innocent corporations or persons Condit Jones Rivers Everett McIntosh Weller Conyers Kanjorski Roemer expending unnecessary legal costs for a prob- Ewing McKeon White Costello Kaptur Rose Fawell Metcalf Wicker lem they did not have any association with Coyne Kennedy (MA) Roybal-Allard Fields (TX) Meyers Wolf and/or did not create. Cramer Kennedy (RI) Rush Flanagan Mica Young (AK) Mr. LEWIS of California. Mr. Speak- Danner Kennelly Sabo Foley Miller (FL) Young (FL) Davis Kildee Sanders er, I yield back the balance of my time. Forbes Molinari Zeliff de la Garza Kleczka Sawyer The Speaker pro tempore. (Mr. EMER- Fowler Moorhead Zimmer Deal Klink Scarborough Franks (NJ) Morella SON). Without objection, the previous DeFazio LaFalce Schroeder Frelinghuysen Myers question is ordered on the conference DeLauro Lantos Schumer report. Dellums Levin Scott NOT VOTING—8 There was no objection. Deutsch Lewis (GA) Serrano Dicks Lincoln Sisisky Fattah Roth Tucker MOTION TO RECOMMIT OFFERED BY MR. OBEY Dingell Lipinski Skaggs Flake Seastrand Volkmer Mr. OBEY. Mr. Speaker, I offer a mo- Dixon LoBiondo Skelton Hefner Towns tion to recommit. Doggett Lofgren Slaughter Dooley Lowey Spratt The SPEAKER pro tempore. Is the Doyle Luther Stark b 1311 gentleman opposed to the conference Durbin Maloney Stearns Messrs. LINDER, SALMON, FOLEY, report? Edwards Manton Stenholm Mr. OBEY. That is safe to say, Mr. Engel Manzullo Stockman LEWIS of Kentucky, RIGGS, and Speaker. Ensign Markey Stokes BILBRAY changed their vote from Eshoo Martinez Studds ‘‘yea’’ to ‘‘nay.’’ The SPEAKER pro tempore. The Evans Mascara Stupak Clerk will report the motion to recom- Farr Matsui Tanner Mrs. KENNELLY, Messrs. ROEMER, mit. Fazio McCarthy Taylor (MS) BARCIA, FUNDERBURK, HAYES, Fields (LA) McDermott Tejeda GOODLATTE, FOX of Pennsylvania, The Clerk read as follows: Filner McHale Thompson Mr. OBEY moves to recommit the con- Foglietta McKinney Thornton MURTHA, MANZULLO, GOODLING, ference report on the bill H.R. 2099 to the Ford McNulty Thurman HILLEARY, and STOCKMAN, and Ms. H 13764 CONGRESSIONAL RECORD — HOUSE November 29, 1995

ROYBAL-ALLARD changed their vote Mr. DELAY. Mr. Speaker, if the gen- enforcement ability by about 25 per- from ‘‘nay’’ to ‘‘yea.’’ tleman from Michigan will continue to cent. Since we are already into fiscal So the motion to recommit was yield, we intend to bring up that piece year 1996 and we are operating on a agreed to. of legislation sometime next week. continuing resolution which signifi- The result of the vote was announced Mr. DINGELL. Next week, not to- cantly cuts back the amount of money as above recorded. morrow or Thursday, Friday? available to the EPA, already inspec- A motion to reconsider was laid on Mr. DELAY. Sometime next week. the table. Mr. DINGELL. Would it come up tions and other enforcement actions f Monday or Tuesday of next week? have been reduced at the Environ- Mr. DELAY. We have not set the mental Protection Agency. This 25-per- PERSONAL EXPLANATION schedule for next week, but it would be cent cut in enforcement will simply Mrs. SEASTRAND. Mr. Speaker, on rollcall sometime next week. magnify that problem. No. 829, I was unavoidably detained. Had I Mr. DINGELL. I thank the gen- What it means essentially is that, al- been present, I would have voted ``nay.'' tleman. though we have good environmental f f laws on the books, they cannot be en- PERSONAL EXPLANATION SPECIAL ORDERS forced. Polluters will go free, and there Mrs. MALONEY. Mr. Speaker, yesterday I The SPEAKER pro tempore. Under will not be the ability for the EPA to was unavoidably detained in my district, but the Speaker’s announced policy of May go in and even know exactly what is had I been present, I would have voted ``aye'' 12, 1995, and under a previous order of going on, whether someone, for exam- on both rollcall votes 822 and 823. the House, the following Members will ple, is violating their discharge permit f be recognized for 5 minutes each. into waters. PERSONAL EXPLANATION f In addition to the problem with en- The SPEAKER pro tempore. Under a Mr. ROTH. Mr. Speaker, today be- forcement, this House has several previous order of the House, the gen- cause of inclement weather and airport times, at least on two occasions now, tleman from Indiana [Mr. BURTON] is delays, I was delayed on two votes. voted to take out riders that were in recognized for 5 minutes. For H.R. 2564, I would have voted the EPA appropriations bill which I ‘‘yes’’; and for H.R. 2099 I would have [Mr. BURTON of Indiana addressed characterize as anti-environment, be- voted ‘‘yes.’’ the House. His remarks will appear cause they prohibit the agency from hereafter in the Extensions of Re- f actually enforcing certain actions pur- marks.] b 1315 f suant to the current law. Yet, we know that of the 17 House riders that were in LEGISLATIVE PROGRAM The SPEAKER pro tempore. Under a the EPA appropriations bill, two of previous order of the House, the gentle- (Mr. BONIOR asked and was given them remain in the conference report, permission to address the House for 1 woman from Colorado [Mrs. SCHROE- DER] is recognized for 5 minutes. and at least half of them have been minute.) placed into what we call report lan- Mr. BONIOR. Mr. Speaker, I would [Mrs. SCHROEDER addressed the ask my friend, the gentleman from House. Her remarks will appear here- guage. They are not actually in the Texas [Mr. ARMEY], to explain the after in the Extensions of Remarks.] law, but they are placed in the con- schedule this afternoon and for tomor- f ference report, and normally Federal agencies have some sort of requirement row. If we are going on Amtrak tomor- RECOMMITTING THE VA–HUD AP- to try to go along with what the re- row, I would ask the gentleman, why PROPRIATIONS CONFERENCE RE- port, what the conference report lan- can we not do it today? It is 1 o’clock PORT WILL ALLOW FOR THE in the afternoon and we have a good GREATER PROTECTION OF THE guage says. part of the day left. ENVIRONMENT Specifically, there are two provi- Mr. DELAY. Mr. Speaker, will the The SPEAKER pro tempore. Under a sions, two of the riders that are still in gentleman yield? the bill and I hope will be taken out Mr. BONIOR. I yield to the gen- previous order of the House, the gen- when this bill goes back to conference. tleman from Texas. tleman from New Jersey [Mr. PALLONE] Mr. DELAY. Mr. Speaker, this last is recognized for 5 minutes. One of the two would essentially say vote is the last vote of the day. The Mr. PALLONE. Mr. Speaker, I was that the EPA has no ability to enforce Committee on Rules will be meeting at very pleased to see that the VA–HUD wetlands protection. Right now the 2:30 or later this afternoon to write a appropriations conference report, EPA has the authority under certain rule on the Amtrak legislation that we which, of course, includes funding for circumstances to permit the filing in of intend to bring up tomorrow. We do the Environmental Protection Agency, wetlands where the agency feels there not anticipate any vote on Friday or was recommitted to conference today, has been substantial or will be substan- Monday. primarily because of two provisions re- tial detriment to the environment. Mr. BONIOR. Mr. Speaker, if I can related to the Environmental Protection That has been taken out; that rider is claim my time, I ask unanimous con- Agency. One is that the amount of still in the bill, but that prohibits the sent that we bring the Amtrak bill up money that is appropriated to the EPA agency from providing any kind of wet- is probably one of the lowest amounts today. There would not be any objec- lands protection. tion on this side of the aisle. We would for any agency, and specifically with be happy to take it up today. We do not regard to enforcement, there is a 25- The other rider that still is in the need a rule, unless the gentleman plans percent cut in terms of the EPA’s en- bill is one that would prohibit the des- to close the rule. We do not need a rule. forcement. ignation of new Superfund sites. Again, The SPEAKER pro tempore (Mr. EM- Already we know that the EPA has if we are supposed to use a scientific ERSON). The Chair is unable to recog- cut back significantly on inspections basis, which we traditionally have, for nize the gentleman for that unani- and on enforcement because of the deciding whether or not a hazardous mous-consent request. level of funding that they have re- waste site would be put on the national Mr. DINGELL. Mr. Speaker, will the ceived pursuant to the continuing reso- priority list for Superfund status, then gentleman yield? lution. In other words, as we proceed in there is no reason why an appropria- Mr. BONIOR. I yield to the gen- trying to put together an appropriations bill, or a conference report in this tleman from Michigan. tions bill for the EPA, less money can case, should specifically say that no Mr. DINGELL. Mr. Speaker, I would be spent on a monthly basis since Octo- new Superfund site can be designated. ask the gentleman to yield for the pur- ber 1, because we have not had an ap- poses of inquiring of my good friend, propriations bill signed into law. In addition, through, Mr. Speaker, the gentleman from Texas, the distin- Mr. Speaker, the point I was trying there are at least another eight or nine guished whip on the majority side, are to make is that this conference report, riders that are put into what we call we going to bring up the securities re- which fortunately was sent back to report language. These are essentially form legislation? conference today, cuts back on EPA’s loopholes that are created to provide November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13765 special treatment; for example, utili- Some of the questions that are aris- of spending it on troops, putting them ties and other industries seeking to ing out of this tragic mistake that we in harm’s way and accepting some level prevent the EPA from expanding its are about to make are, No. 1, the Presi- of casualties? disclosure program under the Commu- dent says there will be casualties. There are many more questions. One nity Right To Know Act, refineries fac- There are risks involved. I think this is the question of leadership. Will ing compliance with air toxic emission Member of Congress and others would America not be a leader if we back standards, cement kilns that burn haz- like to know what is the acceptable away from this? There are many ways ardous waste, air permitting programs level of casualties in Bosnia. Is it 1,300 to lead, through NATO and through for the State of Virginia, troops per day? Is it the loss of 250 other ways. We can lead through air bioengineering plants, State audit young men and women each day we are power, through intelligence, through shields for polluters, natural gas proc- over there? Is that acceptable? strategy, through logistical support. essors. In each case there is conference I can tell you what is acceptable in We have many ways that we can lead. language requesting the EPA to create Kansas, in the Fourth District of Kan- But to send troops into harm’s way loopholes or other special treatment in sas. It is zero. No casualties. But that without the support of the American these various categories. is not what we have heard. There will public, without the support of the Essentially, Mr. Speaker, I believe be casualties, but we do not know how America people, the Congress, the an- very strongly that since agencies are many. swer is no, Mr. President. supposed to follow the dictates of the b 1330 f appropriators, this shift to report language, taking the riders out of the Another thing is that we were told BUDGET RECONCILIATION BILL statute but putting in the report lan- that it is going to be 20,000 troops, but LIMITS OPPORTUNITIES FOR guage, really means that a lot of the now we are finding out that it may be AMERICANS damage will still be done to the envi- 30,000, maybe 35,000. There will be some The SPEAKER pro tempore. Under a ronment. I hope that the conferees, held in float. There will be some sta- previous order of the House, the gentle- when this bill goes back to committee, tioned nearby. According to the War woman from Texas [Ms. JACKSON-LEE] will make some additional changes so College, it takes seven troops to sup- is recognized for 5 minutes. we have more money for environmental port one combat troop. So if it is 20,000, Ms. JACKSON-LEE. Mr. Speaker, we protection. that means it is 140,000 with support are in the midst, during these next cou- f personnel. If it is 30,000, it goes up to ple of days, of making a recommitment 210,000. Pretty soon, we are talking to the American people that we are THE OCCUPATION OF BOSNIA about a quarter of a million people, and now serious about a budget reconcili- The SPEAKER pro tempore. Under a they are in there for the alleged dura- ation process that takes away the stri- previous order of the House, the gen- tion, which is supposed to be 12 dency and the gross imbalance that the tleman from Kansas [Mr. TIAHRT] is months. present bill has offered. recognized for 5 minutes. Will there be a rotation? If there is a I voted against the Budget Reconcili- Mr. TIAHRT. Mr. Speaker, I want to rotation, where will the training take ation Act that has been proposed by spend some time this afternoon and place? Does that mean that there is the majority in this House. This is not talk to us about the occupation of now a half a million troops involved? If to say that the consequences of not Bosnia. The President has already de- so, what would happen if North Korea balancing a budget is not of great con- cided that we are going to be sending should cross the border and what would cern. troops into Bosnia, approximately the happen if Saddam Hussein again I have been to my district. I have dis- number of 20,000, under the alleged crosses another border? What would cussed the issue with a myriad of con- peacekeeping mission. However, I happen if a conflict occurs in Yugo- stituents: working Americans, also in- think as we see the events of Bosnia slavia or some other place like Macedo- dividuals who are looking to become unfold, we are starting to realize that nia? independent, transitioning themselves there are many questions unanswered, This country is not funded in the De- maybe from public housing, from being in that the direction of those questions partment of Defense to handle a two- recipients of welfare. But as they look and the partial answers that we are re- scenario conflict. Regardless of what to become independent and as working ceiving is saying that this is not a the leadership in the administration families are looking to become strong- peacekeeping effort, and that this is a has said, it is simply not there. Mem- er, the Budget Reconciliation Act says peacemaking effort which will prob- bers of the Pentagon know that. to them that we will not join you in ably result in an occupation unless we If this is an occupation, which it ap- partnership. take some drastic changes of direction pears to be leaning towards, 20,000 is This bill drastically cuts housing op- now. not enough. Probably 200,000 is more portunities for affordable housing. This Mr. Speaker, this is a big concern, I like what it will take, just ground bill drastically cuts opportunities for think, to every American. If it is not troops. What is the mission here? poor working families to receive an on their thoughts today, it should be. Another question is, what is the geo- earned income tax credit. What we may It will be tomorrow. I think it is a graphical area that we will be required be saying sounds like a continuous re- well-known fact now in the media and to defend? Is it near the hottest area? cording sound, droning on and on. But in Congress that the President is going Near the Serbs? Mr. Speaker, we have what it actually does is impacts the to send troops to Bosnia. He has the already had air strikes on the Serbs. lives of working and living Americans. constitutional authority to send those There are some 40,000 to 60,000 rogue It jeopardizes the fragile relationship troops. He has thought this out. It has Serbs who do not agree with the peace of survival, whether they survive today been planned in the Pentagon. There agreement, and we will be near there. or whether they do not survive tomor- will be troops before the end of the Our troops are planned to land at row. year in Bosnia. Tuzla, which is just about a mile from We find that when we cast aspersions It is very frustrating for a Member of the Serb current locations. A mortar and criticisms on those who receive Congress, because we are unable to round can travel a mile. welfare, this Budget Reconciliation stop this action. We have repeatedly Other questions are, is the duration Act, along with the proposed welfare voted to stop from sending troops to of 12 months enough? We have had a reform plan, cuts child care, cuts job Bosnia, yet every effort on the part of century’s old conflict and we think we training, and disregards the oppor- the Congress has been met with dis- can solve it in 12 months? What fire- tunity for encouraging businesses and dain, with the turning from our advice, power will we have there? What is the others to employ now present welfare and the President has not yet come to funding level? It started out at $1 bil- recipients by providing a tax incentive us with the arguments, with the right lion. It is now up to $3 billion. Would it to hire such persons. We find in the ideas, with the right plan in order to not be more economical in terms of Budget Reconciliation Act that the job gain not only the support of Congress, human lives to offer to rebuild the en- program that helped youth be em- but the support of the American public. tire country with this $3 billion instead ployed during the summer the last H 13766 CONGRESSIONAL RECORD — HOUSE November 29, 1995 number of years is simply nothing but Mr. KINGSTON. Mr. Speaker, I want Ms. JACKSON-LEE. Mr. Speaker, a baby sitting job or a baby sitting ac- to address the House today on the will the gentleman yield? I thank the tivity. How egregiously wrong that budget and on the process of balancing gentleman for his thoughts. perspective is. the budget. Mr. Speaker, I will be very quick on In my district, in the city of Hous- I have listened to a number of our this point. If we have analyzed the ton, we will lose some 6,000 summer colleagues on the other side of the aisle $26,000 on AmeriCorps, we have not yet jobs. Across this Nation, we will lose today and in the weeks past on the juxtaposed or compared that against millions of dollars that have helped budget, and I really think that maybe the investment or resources that they young people be directed away from ac- an honest step would be for them to provide to the community which bal- tivities that would cause criminal re- say that we do not want to balance the ances off, because they are giving labor sults to more constructive activities budget, just get it over with. Because for free, in essence, and the summer that have exposed them to career ac- what we are hearing is, well, not here jobs exposes children to opportunity. tivities. and not there, and do not do this, and Mr. KINGSTON. Mr. Speaker, re- There have been accusations, for ex- do not do that. claiming my time, that is important, ample, that the monies have been mis- Federal jobs programs, for example. but out of 163 job training programs I used. I am not sure of the extensive- Mr. Speaker, as you know, we have 163 would challenge the gentlewoman from ness of any hearings that have sug- different Federal jobs training pro- Texas [Ms. JACKSON-LEE] to say, let us gested that cities that have been, and grams. Is it possible that some of those cut these. We are in agreement that quasi-public agencies that have been in could be trimmed back, some could be maybe we need 100 job training pro- partnership with the business commu- consolidated, and perhaps, oh, do not grams, or maybe we need 2, or maybe nities throughout this Nation have not say it too loudly around Washington, we need 50. Where I think the Demo- effectively utilized youth summer pro- but maybe some could be eliminated? crat Party is being somewhat disingen- gram monies. Is that not what the American people uous is you all are saying, let us cut We have been able to hire 6,000 actually want? the budget and let us balance it, but youths in my community. All of them Ms. JACKSON-LEE. Mr. Speaker, not here, not now, not in my area. have managed to be exposed to unique will the gentleman yield? These are good programs. I would say experiences. Whether it was with Mr. KINGSTON. I would be happy to to my colleague that, in each case, NASA and the space station, whether it yield to the gentlewoman from Texas. many of them are good programs, yet was with city government, or whether Ms. JACKSON-LEE. Mr. Speaker, I we are still in debt. So why do we not it was with one of our major energy thank the gentleman for his perspec- try to take the good ones that are good companies in the community, they tive. and consolidate them together and reduce it and, most importantly, cut out have learned independence, self-suffi- The gentleman from Georgia men- the Washington bureaucrats who are ciency, self-esteem. tioned several job training programs. I In fact, Mr. Speaker, I had a young would only raise an inquiry for what I the middle people who are sucking up person who worked in my office when I hear my colleagues on the other side of so much of the money that should go? I want to make one more point. Mr. was a local elected official who did real the aisle trying to do and what I would Speaker, it is already November, al- work, by the way, this young intern, hope that we could do together, and most December. We keep hearing, bal- who, when she got the offer to be an in- that is to turn this country around to ance the budget, but not here, not now. a level of self-sufficiency. Part of that tern under the summer jobs program, We want to work in a bipartisan fash- comes from our youth. If I can just sep- called with excitement but yet sadness ion. To my knowledge, the only serious arate out your comments to focus on and said, I cannot accept, because I do plan that has come from you all has the summer jobs program that have not have the proper clothes and I would been on the Blue Tick Hounds or the been effective in our communities, be- be embarrassed to show up. I said to Hound Dog Democrats or whatever you cause, in fact, they have been a part- that young person, if you have to wear call them, and I know that the gen- nership between the public and the pri- a paper bag, come to this office to tleman from Mississippi has been a vate sector. know what you can do, how you can be part of that. That is a great counter- Mr. KINGSTON. Mr. Speaker, re- challenged and what the opportunities punch to the debate, and I applaud it. claiming my time, one of the things are for you in the future. But it is still a minority group within that is very important to remember is The Budget Reconciliation Act must the Democrat Party. give to the American people hope. It that the AmeriCorps Program, which We do not have a serious Democrat must give to them a direction. It must the gentlewoman has been discussing, proposal to balance the budget yet. So give to them focus. What we have now for example, is $26,000 per child. Well, I as long as my colleagues on the other is an ill-spirited and misdirected oppor- would say to my colleague, we can side of the aisle are going to say, not tunity. produce a heck of a lot of great oppor- here, not now; I would say, get in the So I would ask, as the process contin- tunities for kids at that rate. arena with us. I mean, it is difficult to ues, that we begin to look at where The problem, as the gentlewoman balance the budget. If it was not, we this country wants to go in the 21st knows, is that if we want to do some- would have had one in the last 25 years. century. Do we want to turn back the thing for kids, we have to reduce the Let me yield to the gentleman from clock on environment with respect to deficit. We cannot pass them our bank- Mississippi. If we can get more time, I clear water, clean air, and would you rupt legacy, the $200 billion debt that will continue this debate, because the believe, food safety inspections? How we have year after year, the $4.9 tril- lady from Texas has been a very posi- outrageous when we have come so far lion that is eating away at these tive person in this debate process. that now we would deny citizens the things. Ms. JACKSON-LEE. Mr. Speaker, I adequacy of food safety inspections. Now, the gentlewoman and I know think there is more that we can do, the We have a responsibility, Mr. Speak- that when we were kids, an old trick gentleman from Georgia, and I appre- er, to fairly strike a chord of reason in used to be to go to the corner drugstore ciate it. I think we have tried to meet the Budget Reconciliation Act process. and charge a Coca Cola or an ice cream on different issues. I wish that the I will participate. I ask my colleagues to your dad’s account down there. Well, budget now before us was not so stri- to participate. at the end of the month your father dent. f would find out, well, you charged some- I thank the gentleman for yielding. thing to me, and I am going to make f BALANCED BUDGET REQUIRES you pay that back. ELIMINATING AND TRIMMING Well, now what is happening is we REQUEST TO EXTEND SPECIAL PROGRAMS parents are going down and we are ORDER TIME The SPEAKER pro tempore. Under a charging things for our kids to pay, but Mr. TAYLOR of Mississippi. Mr. previous order of the House, the gen- these are 4- and 5- and 6-year-old chil- Speaker, I have a unanimous-consent tleman from Georgia [Mr. KINGSTON] is dren who for years and years are going request. I would like to extend the gen- recognized for 5 minutes. to be paying. tleman’s time by 3 minutes so that he November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13767 could yield to me so that I could have tleman knows that, and I know that, I Texas [Ms. JACKSON-LEE] are saying, the opportunity to answer the question think the people of America ought to let us use the same ruler when we de- that he asked of me. know that. bate this so that balance really is bal- The SPEAKER pro tempore. The Mr. ABERCROMBIE. Reclaiming my ance. No deficit really means no defi- Chair is unable to recognize that unan- time, Mr. Speaker, following up on Mr. cit. imous-consent request. The gentleman TAYLOR’s comment, as you know, yes- So I would say to you in the spirit of is limited to 5 minutes. terday I started what I said would be a let us get to the bottom of it, I am Mr. TAYLOR of Mississippi. Mr. series of discussions as to what con- with you 100 percent on what your as- Speaker, how many additional people stitutes a balanced budget in the con- sertion is. I appreciate the gentleman are there on the list, sir? text of the Speaker’s admonition to us yielding. The SPEAKER pro tempore. Approxi- that we use honest numbers. Mr. ABERCROMBIE. To enter into a mately 15. I invited the Speaker to come down dialog with you on this, then, is it your PARLIAMENTARY INQUIRY and discuss that if he wants. He is not position that the budget as put forward Mr. KINGSTON. Mr. Speaker, I have here today. I do not know whether he by the majority at the present time is a parliamentary inquiry. will be here tomorrow. I am going to be not going to balance the budget if at The SPEAKER pro tempore. The gen- here right through the 15th. He may be the end of 2002 we have almost $1 tril- tleman will state it. in negotiations right now, I do not lion owing to the Social Security trust Mr. KINGSTON. Mr. Speaker, in know, about this so-called balanced fund? keeping with going back and forth be- budget. But every time we see on tele- Mr. KINGSTON. If we are making by tween Democrat and Republican, is it vision or hear on radio or read in the a ruler that is the same ruler that we not true that a Democrat can ask for newspaper the Speaker talking about a measure all plans on and that is the unanimous consent for 5 minutes to balanced budget in 7 years and using case, then we need to look at it. speak out of order and then the gen- honest numbers, I submit to you and I Mr. ABERCROMBIE. If you could be tleman from Mississippi can get 5 min- submit to him and would be very happy so kind, would you try and answer my utes if no one objects? to have a discourse with him that this question. Is it the Republican budget The SPEAKER pro tempore. The gen- is illusionary. This is entirely illusory position that in the year 2002 when you tleman is correct. in nature. These numbers do not reflect have ostensibly balanced the budget that you will owe the Social Security f an honest balanced budget. As the gentleman from Mississippi trust fund $636 billion plus interest, ap- b 1345 [Mr. TAYLOR] indicated, every single proximately $1 trillion will be owing to A BALANCED BUDGET? budget proposed from the years 1996 the trust fund? through 2002 has a massive deficit at- Mr. KINGSTON. Let me say this. The SPEAKER pro tempore (Mr. tached to it in the Republican plan. Last night was the first night that I GANSKE). Under a previous order of the Every single one of those budgets is listened to what you are saying and it House, the gentleman from Hawaii [Mr. going into the Social Security trust raised something that I want to go ABERCROMBIE] is recognized for 5 min- fund. It is stated right in the budget back and do my homework on. But I utes. documents of the Republican proposals, can assure you that I would be happy Mr. ABERCROMBIE. Mr. Speaker, and I do not object at any time to to answer that question afterwards and parliamentary inquiry before we go on. someone coming forward with the idea continue a dialog in an honest manner. I understand what is at stake here. of saying let us get to a balanced budg- Mr. ABERCROMBIE. Reclaiming my But is the ruling of the Chair about et as I indicated yesterday. time, Mr. Speaker, do I have time? continuing because, if we start this In time to come, I will come on this The SPEAKER pro tempore. Ten sec- process, that means those who have floor and propose the kind of alter- onds. signed up will have to wait a longer natives that some of us are putting to- Mr. ABERCROMBIE. I very much ap- time? Is that the reason for proceeding gether and are willing to get behind preciate the honesty of the gentleman this way? that which will achieve that in an hon- from Georgia. I will indicate to him The SPEAKER pro tempore. The est way. This is dishonest in the sense and to the rest of the House that if Chair cannot recognize Members for that you are putting forward, or we are they go back and do their homework as extensions of 5-minute special orders. having put forward to us by the major- he suggests, they will find that in the Mr. ABERCROMBIE. I understand. I ity the idea that somehow they have year 2002 we will owe almost $1 trillion thank the Chair. exclusive claim to a balanced budget. to the Social Security trust fund, and I have the time, Mr. Speaker, is that I will indicate that this year alone, in the time to come, Mr. Speaker, over correct? and I may be off $1 or $2 billion, a cou- the next couple of weeks I am sure we The SPEAKER pro tempore. The gen- ple of billion dollars depending on what can explore this issue at greater depth. tleman is recognized for 5 minutes. the final figures come out to be, but I thank the Speaker very much and the Mr. ABERCROMBIE. Mr. Speaker, I the proposal is that they take $63 bil- gentleman from Georgia. yield to the gentleman from Mis- lion from a so-called surplus in the So- f sissippi [Mr. TAYLOR]. cial Security system. BOSNIA Mr. TAYLOR of Mississippi. I thank Mr. KINGSTON. Will the gentleman the gentleman from Hawaii for his yield? The SPEAKER pro tempore. Under a courtesy. Mr. ABERCROMBIE. I will yield previous order of the House, the gen- Mr. Speaker, I would just like to briefly because I have got a long way tleman from Florida [Mr. point out to my friend from Georgia, to go and you folks are on the floor SCARBOROUGH] is recognized for 5 min- and I do consider him my friend, that every single day with this line and you utes. what the coalition and what I hope have hundreds of people saying the BALANCING THE BUDGET every Member of this body is asking for same things, and we are just a couple Mr. SCARBOROUGH. Mr. Speaker, is honesty in budgeting. of us here right now. But I will yield just to follow up briefly, I was going to I did some checking yesterday from for the moment. be talking on Bosnia but to follow up the Congressional Budget Office, and Mr. KINGSTON. I would say this to briefly on what the gentleman said be- even the Republican budget for 1996 my friend from Hawaii whom I know to fore, anybody that comes up with a would run up a $296 billion annual oper- be a learned and honest gentleman. plan that does more to balance the ating deficit; $118 billion of that would This is an 18-inch ruler, and what is un- budget than what the Republican plan be taken from trust funds. believable to me that over here 18 has done this year is fine with me. But I have continually heard that bill inches may be different, if we were I am hearing conflicting signals. being referred to on the floor of the talking money on the other side of the The first thing I am hearing is that House of Representatives as the Bal- aisle, and I agree with what you and the Republican budget does not go far anced Budget Act of 1995. Sir, that is the gentleman from Mississippi [Mr. enough to balance the budget. And not a balanced budget. I think the gen- TAYLOR] and the gentlewoman from then we turn around the next day and H 13768 CONGRESSIONAL RECORD — HOUSE November 29, 1995 hear how savagely the Republican In fact, the Pentagon put forward a about far more than numbers. It really, budget cuts everything. The fact of the doctrine that would prevent us from in essence, is about the values and the matter is that is a falsehood. getting involved in future conflicts priorities of the American people. Student aid goes up 49 percent under that would lead into Vietnam-style Democrats are concerned about the the Republican plan, goes from $24 bil- quagmires. It was called the Wein- level of cuts that this budget makes in lion to $36 billion. But now we are berger doctrine. It came out in the mid Medicare, in education, and in environ- hearing a new line. Now the line is that 1980’s, and it seemed to make a lot of mental protection. We believe that the the Republican budget does not go far sense. The first requirement was that cuts that are currently there, the cuts enough. If the gentleman from Hawaii before the President sent one young in this budget, go too far and too fast would like to get into the debate and American to die in a war across the and will hurt too many people. figure out a way to balance the budget sea, he clearly stated a vital American We are also very concerned about the plus handle it, $1 trillion dollars, 7 interest that was at stake. tax package that is contained in this years from now, if you say we are $1 I have sat on the Committee on Na- budget. Because of that tax package, trillion short, I welcome him. Again I tional Security for the past few we think that it is wrong to impose want to talk about Bosnia. But I will months. I have heard testimony from higher taxes on those who can least af- just say this with a footnote. the Secretary of Defense, Secretary of ford it while lowering the taxes on Mr. ABERCROMBIE. Will the gen- State, General Shalikashvili, and they those who can in fact most afford it. tleman kindly yield a moment. have failed to come forward, and not That seems to have the priorities of Mr. SCARBOROUGH. Let me just fin- them personally. They are representa- this Nation out of whack. We are not alone in thinking that the ish this. Any plan you come up with if tives of the administration. The admin- budget has its priorities upside down. If it goes even further than the Repub- istration has failed to set forth a clear, you take a look at what the American lican plan in making the savings that vital American interest that is worth people are talking about, and there are we are doing is going to have to add the spilling of blood of young American recent surveys that have discussed this about $750 billion to what your Presi- men and women to end a civil war that issue, the surveys indicate that 60 per- dent and your party is willing to do. has been going on for 500 or 600 years, cent of the public today would like to I yield to the gentleman before going to end a civil war that is much more see the President veto this budget as it into Bosnia. complex than even the conflict we got Mr. ABERCROMBIE. That is very currently stands. involved with with Somalia. I think that there are a number of us kind because I will focus on Bosnia. I Remember the need to go to Somalia realize what you are saying. Obviously here who concur that that is what the because it was the right thing to do? President should do if Republicans if this moves forward we have to find We had to stop the hunger, we had to more money to deal it. That is one of refuse to lessen the blow on our sen- stop the clans from fighting each iors, our students, and on our environ- the problems with Bosnia. other. My point is that there are alter- ment. The fact of the matter is, we went to Congress should not force its prior- natives. I will not take the gentleman’s Somalia, we spent $3 billion, it cost us ities on the American people. It is time time tonight. It includes capital budg- over 20 American lives, and today the to start to listen to them, to com- eting, and I do not consider it Repub- warlords continue to fight each other. promise on a balanced budget that pro- lican or Democrat in that context. I We did not make a difference in Soma- tects the priorities of the American am considering it in the context of lia, and Somalia is nothing compared people. No one disagrees about getting America, the way the rest of American with what we go to when we start talk- our fiscal house in order, about achiev- Government and business and families ing about sending troops to Bosnia. It ing a balanced budget. There is a right run their budgeting. makes absolutely no sense. way to do it and a wrong way to do it. We separate capital budgeting from The President spoke a few nights ago What we want to try to do is to pro- operating expenses and I think we can and tried to define a vital interest, but tect those principles and those prior- get to a balanced budget. We do not unfortunately his vital interest had to ities that the American public has have to put a timetable right now but do with securing a Bosnian peace trea- asked us, in fact, to protect. That I would be happy to discuss with the ty. The fact of the matter is that right means protecting educational oppor- gentleman and my good friend from now that Serbs in Sarajevo said they tunity, environmental protections, and Georgia ways that we can deal with will fight to the death. I have got to it means protecting Medicare. honest numbers. I appreciate the gen- tell my colleagues, until we clearly de- As it currently stands, the Repub- tleman yielding. fine a vital American interest that is lican budget, and this number has not Mr. SCARBOROUGH. Mr. Speaker, I worth the death of Americans, I re- budged in all these months, cuts $270 appreciate the comments of the gen- spectfully have to reject the Presi- billion from Medicare to help to fi- tleman from Hawaii. Certainly it has dent’s reasoning to send young Ameri- nance a tax cut for the wealthiest nothing to do with the Republican or cans to Bosnia to die. Americans. Over 50 percent of the tax Democratic Party. It has to do with f cuts go to the richest 1 or 2 percent of being honest with budget figures. Obvi- the people in this country. ously the Republicans in the early The SPEAKER pro tempore. Under a 1980’s engaged in rosy scenarios just as previous order of the House, the gentle- b 1400 Democrats have in the past. woman from California [Ms. PELOSI] is The cuts go too far too fast and will But moving on to Bosnia, I know the recognized for 5 minutes. devastate a health care system that is gentleman from Hawaii certainly has Ms. PELOSI addressed the House. serving 37 million seniors. some opinions on this which I look for- Her remarks will appear hereafter in It is not only the seniors who are ward to hearing, also, I have just got to the Extensions of Remarks.] going to be hurt, and it is not just tell you. I hear so many people calling f Democrats who are warning about the my offices, and I have answered a lot of impact of the deep and the dangerous the calls myself, and I have talked to BALANCED BUDGET DEBATE Medicare cuts. The most recent issue of other Members across the country. The SPEAKER pro tempore. Under a Money magazine, there is an article. It The fact of the matter is, and I do previous order of the House, the gentle- tells families, actually, in the article, not care what a CNN poll says, the woman from Connecticut [Ms. to hold on to their wallets because overwhelming number of Americans DELAURO] is recognized for 5 minutes. health care costs are going to go up if today do not want United States men Ms. DELAURO. Mr. Speaker, Mem- this budget passes. In fact, because of and women to put their lives on the bers on both sides of the aisle feel very the cuts in Medicare payments to hos- line for a 500- or 600-year-old civil war passionately about their positions in pitals under this plan, administrators in Bosnia. The fact of the matter is the budget debate, and we should feel say that they will have to raise health that we as a country appear to have passionately about this issue because care costs for the rest of the population learned a lot from the mistakes we in fact what we are debating is the fu- in order to have to make up the dif- made in Vietnam. ture of our country. The debate is ference. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13769 According to a recent article in the tain present situation. They call that a of the seventh year the budget shows New York Times, the Medicare cuts mean-spirited cut, deep cut, all kinds student loan, $36.4 billion, 48-percent will shift more than $11 billion in costs of rhetoric. increase. The student gets 48-percent onto small businesses and American Now, even though maintaining this increase in student loans. workers. That is because if people wind relationship, because hospital costs Is there a cut? I think we should stop up having additional people wind up have gone up anyway, everybody has to this rhetoric. with not having insurance, once more, pay a little more. Senior citizens have f as our current situation indicates to to pay a few bucks more a month, and The SPEAKER pro temproe. Under a us, that those people who are without their younger generation has to pay a previous order of the House, the gen- few dollars more to subsidize. insurance, if they do get health care, tleman from New York [Mr. SCHUMER] and they will, that those costs do not Let us take a look at the next chart. is recognized for 5 minutes. just fall into an abyss, into a vacuum. Starting $46.10 a month, eventually at Those costs get picked up by all those the end of 7 years it is going to go up [Mr. SCHUMER addressed the House. who, in fact, are currently paying to $87 a month. Mr. Clinton’s plan is $83 His remarks will appear hereafter in health care costs. We will just add to at the end of seventh year. Strangely the Extensions of Remarks.] the number of those who are uninsured, enough, next year, did it to less pay- f and those additional costs will have to ment, I do not know why, perhaps elec- SIESTA FOR CONGRESS be borne by those who are currently tion year, then go up. Eventually we picking up health care costs today. are talking about $87 versus $83. The The SPEAKER pro tempore. Under a That is a burden on individuals, and American people knows this. That is previous order of the House, the gen- it is a burden on our businesses today what is the difference in the Part B tleman from Texas [Mr. DOGGETT] is and our workers that they simply can- premium than what the Republicans recognized for 5 minutes. not afford. propose and what Mr. Clinton proposes. Mr. DOGGETT. Mr. Speaker, today The GOP Medicare proposal is fun- It is about the same. we gain new insight into what this new damentally flawed by controlling Let us take a look at the next one. I Gingrich-ite majority meant when they spending, but, by not controlling costs, mean, hearing this rhetoric that we are said they would give us a new Con- it ensures seniors will be forced to pay trying to put all of this poor working gress, and we can see it right here on more out of pocket while health care family out in the cold, they are talking the floor today. They have brought an costs continue to rise. That would about earned income tax credit. Many entirely new institution to this Con- mean a giant step backward for Ameri- people do not know what is earned in- gress, not new to other countries of the ca’s seniors. That is not the way to bal- come tax credit. What it is, if you world. It is known as a siesta. ance the budget. That is not the Amer- make money, you have a family, but You see, at a little after 1 o’clock ican way. not enough to support family, then today, when most Americans were out f Government pays you money. Look at working hard trying to make ends what happens. This time, about this meet, the Gingrich-ite leadership de- CLAIMS VERSUS TRUTH year, the Congress passed a law so you clared a siesta in the Congress. They The SPEAKER pro tempore (Mr. do not have to have children. Anybody said at 1 o’clock, after they had paid to GANSKE). Under a previous order of the can be eligible to receive the Govern- bring back Members of Congress from House, the gentleman from California ment paychecks without having any all of the 50 States to pass a bill this [Mr. KIM] is recognized for 5 minutes. children. That was different than origi- morning that could have been approved Mr. KIM. Mr. Speaker, the last few nal intent. Guess what happened here? last night with ease, to suffer a major months the congressional Democrats Zoom, thousand percent increase. defeat today on a piece of legislation have tried to scare the American peo- What we are trying to do is slow that would take money away from vet- ple, using all kinds of scare tactics and down a little bit. The blue line here, erans’ care, they said at 1 o’clock, ‘‘We disinformation with twisted rhetoric. slow down by eliminating waste and do not have any more business today. I would like to point out to you a fraud, and also we are trying to go We do not want to work any more.’’ typical example of how wrong it is. back to the original intent that if you And unlike some of our friends in other First one Medicare, my golly, I just do not have any kids, if you do not countries in the world who might take heard the story that this is gutting have any children, you are not going to a 2- or-3-hour siesta around noontime, Medicare cuts, and the dangerous Medi- receive any EITC paychecks anymore this new Gingrich-ite majority pro- care cuts, et cetera. Let us take a look from Government. That is all we are poses to extend its siesta until mid- because I would like to have the Amer- trying to do. night and well into tomorrow. ican people make their own judgment. Where is the cut? Where is the mean- It is as if they did not hear the mes- It seems like the argument is Medi- spirited cut here? sage of the American people that I care part B. Part B is to pay for a doc- Let us take a look at the next exam- heard over the Thanksgiving break, a tor’s bills, et cetera, long-term care. ple. Next one is a lunch program, tak- message that said, ‘‘Stop your antics. The way it is right now, senior citizens ing food away from the mouths of chil- Get to work.’’ The message that said, pay about one-third, $46.10. They cost dren. What a grotesque twist of rhet- ‘‘We do not appreciate Speaker GING- Government three times more than oric. Actually, we are spending more RICH wasting somewhere between $500 that. money, to be exact, 37 percent more, million and $800 million, so zealous So what happens right now, one-third from $4.5 billion in 1995 to $6.17 billion with his extremist agenda that he is paid by the senior citizens, two- in the year 2002. Is that the cut? 37-per- would pay Federal workers not to even thirds paid by the other taxpayers, cent increase is a cut? work for a week, at the expense of the younger generation. The other ones All we are trying to do is, there are American taxpayer.’’ subsidize senior citizens by this ratio. so many programs right now, we are But instead of coming back to work Take a look at this. Starting next trying to consolidate into one program, and actually working through these ap- year, our friends want to do this one- also eliminate the middle man—in this propriations bills, they declare a si- quarter paid by the senior citizens, case, Federal bureaucracy—so the local esta. three-quarters by the other taxpayers. school district can get more money, in And is there work left to be done? We said ‘‘no’’ because in good time per- a sense, the children can get more Well, indeed, if they had not been haps, maybe, but we do not have any money for their school lunch program. sleeping on the job or something, we money. We would like to keep it one- Tell me where the cut is. would never have had a Government third, two-thirds relationship, continu- Finally, now they are trying to scare shutdown in the first place. You see, ing the next 7 years so we can balance students. My God, they say we are cut- they had a responsibility to pass some the budget. ting student loans and other edu- 13 appropriations bills by September 30. Where is the cut? This is what they cational aid. Did they do it? No. They passed 2 of call a cut. They would like to spend Let us take a look at this. Starting 13, a failing grade where I come from this much. We said ‘‘no.’’ Let us main- from 1995, continue going up at the end down in Texas. Have they done it H 13770 CONGRESSIONAL RECORD — HOUSE November 29, 1995 today? Have they even gotten half of to sacrifice. They said this morning gist, made the comment that from his these bills passed? Well, now, as we that those veterans had to sacrifice to perspective, the President might just begin to approach Christmas, having the extent of $213 million out of their as well drive a hard line that would re- completed Thanksgiving, they have yet health care. sult in a continuing resolution or even to send to the President’s desk almost But what sacrifice do they demand of a Government shutdown until Novem- half of the appropriations bills. the most wealthy of our citizens? They ber of 1996, almost over a year from Let me review what pends here as said, ‘‘Could you, please, pretty please, today. these Republicans enjoy their siesta take a tax break at the same time we I have got to say there is no more im- today: cut the rest of America?’’ portant issue in this body than our That is wrong, and so is this siesta. The Commerce, Justice, State, and once and for all coming to grips with Judiciary appropriations bills have not f many of the petty, partisan differences been presented to this House for ac- BALANCING THE BUDGET IN 7 that stand in the way of our doing the tion. YEARS work that the people elected us to do, The District of Columbia appropria- which is to find a way to honestly get tions bill, it says in the latest report The SPEAKER pro tempore. Under a previous order of the House, the gen- the Government spending under con- that conference was continued on No- tleman from Maine [Mr. LONGLEY] is trol so that we can move in the direc- vember 17, and it is still continued. We recognized for 5 minutes. tion of a balanced Federal budget. do not have the bill out here to act on. Mr. LONGLEY. Mr. Speaker, I did Again, I respect the points that are The Committee on Foreign Oper- not rise to defend this Congress. But I being made by the gentleman from Ha- ations, the latest report says the con- can vouch personally for the fact that waii [Mr. ABERCROMBIE], and I would ference deadlocked on November 15. the overwhelming majority of Members suggest that they are very much fac- That means that the Senate Repub- of this body are working quite hard, tors that need to be considered in how licans and the House Republicans can- thank you. we go about doing it. But the bottom not agree on the same bill. So it is not I did want to speak and address some line is that we need to work toward out here for us to act on. of the remarks that were made by the balancing the budget, and that means The Interior bill, that is the one we gentleman from Hawaii [Mr. ABER- making tough decisions relative to cut- defeated just before the Thanksgiving CROMBIE] because I think he has raised ting spending. break because of that giveaway that a very important point relative to the Yesterday, again, the chief of Staff of the Gingrich-ite majority wanted to role and interaction of the Social Secu- the White House made the comment give to the mining companies to take rity trust funds with the deficit. I do that the White House was not going to public property and use it for private not have the precise numbers, and I am be willing to agree to any 7-year plan gain. sure I am going to be looking forward to balance the budget unless we ob- The Labor, Health and Human Serv- to the Members’ discussion over the tained the support of 100 Members of ices, and Education bills, they failed to next several days and weeks. But I the Democratic side of this House. begin floor debate over in the Senate at would be interested to know the extent While as laudable a goal as that is, I the end of September. It has not even to which the Social Security trust think what it is suggesting to me is passed the U.S. Senate. funds actually comprise a significant Then the Veterans’ Affairs, Housing percentage of our $5 trillion national that, frankly, we may be wasting our and Urban Development legislation debt. efforts, Republicans and Democrats, at- which was taken up and defeated I would suggest that there are clear tempting to work with the White today, recommitted for the second implications to that which relate to House, and perhaps it is the respon- time, the second time that this House how, in fact, we are dealing with bal- sibility of this party, this body, to has recommitted that bill, the first ancing the budget and whether, in fact, come to grips together as Republicans time because our Republican col- we are using the type of honest num- and Democrats, to finally get the leagues wanted to bind and destroy law bers we have come to expect. heavy lifting done on the budget, be- enforcement against pollution with I have confess that, having spent the cause I interpret the Chief of Staff’s some 17 binders, and so it was rejected. Thanksgiving weekend, frankly, with comments yesterday as a suggestion They came back kind of with their two of the most important people in that the White House, frankly, is not tails between their legs, saying, ‘‘We my life, my two children, I have got really serious about working together really did not mean to do so much maybe a little bit of a different per- to get to a balanced Federal budget. damage to the environment as we did.’’ spective of what we have been doing When we cannot even agree on the Today this House said ‘‘yes,’’ but you over the past several months, particu- number of people who are participating are doing damage to the veterans that larly as it relates to the deficit. Again, in the negotiations, I would suggest secured this country. You are taking I think we all agree there is no issue that this is a major embarrassment on $213 million out of their health care that is more important than balancing everybody involved in the process. As I that ought not to be taken out of that this country’s budget once and for all. said, I think the public expects an I for one was very pleased to see that health care, and this House soundly re- awful lot more than they are receiving. the President agreed just about 2 jected and recommitted that bill. When we have a government that over weeks ago to the concept that we are We have got half the business and the next 7 years is going to spend in ex- going to work together, Republicans well over half of the appropriations of cess of $12 trillion, some $3 trillion and Democrats, to come up with a 7- the Government of the United States more in the next 7 years than we spent year plan to finally once and for all that have not been signed into law, and in the last 7 years, and that is using balance the Federal budget. these folks take a siesta for the rest of the numbers from the Republicans But I have to confess that I think the budget, then I think that we need to the day. public expects an awful lot more of the They say they want a balanced budg- take serious stock of where we are and Members of this body on both sides of how seriously we are committed to et. Well, they do not have much bal- the aisle with respect to how we work ance to the way they are getting that making the tough decisions that need toward that objective, and specifically to be made. budget. The problem is they do not I was very distressed to know that have any balance in the budget that barely was the ink dry on the agree- I was pleased this morning to be part they propose. ment when the President’s chief of of a group from my side of the aisle of I believe in a budget that is balanced. staff made the comment that, well, he Republican Members who are going to I come from the pay-as-you-go ap- was not sure we were really going to be trying to work with Democratic proach of Texas. I want those figures to balance the budget in 7 years, that it Members, with the Coalition, to try to balance so that we do not leave our might take 8 years or longer. find a common ground that we need to grandchildren with debt upon debt. finally get the type of accommodation, But how about a little balance for b 1415 the type of agreement, that will allow the people that are affected by that Then over the weekend, Mr. Carvel, us to make the serious decisions we budget? Oh, yes, they say we have got the President’s chief political strate- need to make. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13771 With respect to the comments of the If all of us believe in equality—and is still the greatest asset of Haiti. The gentleman from Hawaii [Mr. ABER- we do—why should there by any dis- wisdom of Jean-Bertrand Aristide is CROMBIE], and I think it is an impor- tinction in tax relief between those still necessary for this country to have tant issue that we need to address, the making $100,000 dollars a year or more a new birth. Recent statements by fact that some percentage of our $5 and those making $28,000 dollars a year President Aristide and recent behavior trillion deficit actually consists of or less? by President Aristide are clearly un- funds loaned by workers who were pay- Doesn’t fairness require that we treat derstandable in the light of certain re- ing into the Social Security trust fund, our seniors, our children, and the poor cent developments. again we have some serious issues. We with the same concern and respect as It is important for us to remember need to address it. But first of all, we we treat the able-bodied and the well- that the liberation of Haiti still rep- need to work together to finally get to-do? resents one of the moral and humani- Government spending under control. And, what does justice require? tarian mountain tops of United States f Is it just to insist upon a rigid set of foreign policy. This Nation took a The SPEAKER pro tempore (Mr. numbers and a rigid time frame that giant step forward and we did the right thing. Americans set new standards for GANSKE). Under a previous order of the have been subjectively selected? House, the gentleman from Georgia Is it justice to increase spending by the hemisphere, and we set new standards for international law and order. [Mr. LEWIS] is recognized for 5 minutes. $245 billion on a tax cut, while reducing spending on medicare by $270 billion or Criminals will not be allowed to seize [Mr. LEWIS of Georgia addressed the on Medicaid by $175 billion or while re- control of a nation, take over its legiti- House. His remarks will appear here- ducing spending on education and the mate government, oppress its people, after in the Extensions of Remarks.] environment? and terrorize its people. Criminals f Can we not agree that justice re- aided by the United States and an BUDGET RECONCILIATION quires that if we must spend a dollar to army set up by the United States will help some, we should not take a dollar not be allowed to do this in one of the The SPEAKER pro tempore. Under a and hurt others? countries in this hemisphere. We clear- previous order of the House, the gentle- And, family—one of our most impor- ly established that policy. woman from North Carolina [Mrs. tant values. The policy has already succeeded. I CLAYTON] is recognized for 5 minutes. Family is more than a strong father congratulate the Clinton administra- Mrs. CLAYTON. Mr. Speaker, our and a sturdy mother. tion. But, still, so much more can be budget should reflect our values. Family is a healthy grandfather and done to facilitate democracy, peace, We now have a chance to achieve grandmother. and progress in Haiti. So much more that important goal. Before Thanks- Family is fit children who can count can be done without any great costs, giving, we voted to return all govern- on and look forward to educational and additional costs. ment employees to work—ending the economic opportunities. The most basic needs of Haiti right false distinction between those referred Family, in the larger sense, is a com- now are judges, jails, and electricity. to as essential and those as non- munity of friends and neighbors who We have the capacity, the United essential. have jobs at liveable wages, who have States and the United Nations forces In addition, the President and leader- safe and sanitary housing, and who can which are still in Haiti have the capac- ship from the majority in Congress breathe free and drink safe water. ity, to deliver those three items, those reached an agreement, in principal, to Not one Member in this Chamber will three basics: judges, jails, and elec- balance the budget, to use reliable rev- deny those values. tricity. enue projections, and to protect vital And, the budget we enact, before De- Haiti needs jails because there are social programs. cember 15, should reflect each of those many wrongdoers from the previous re- As part of that agreement and our values. gime who are moving about with impu- action, in the House and in the Senate, If it does, we would have reached our nity. They have no fear of the govern- we are aiming at December 15th to de- goal. ment whatsoever. There are many that liver on those commitments. The If it does not, we have surrendered have been seized and many that have American people expect us to reach our values. been judged and put in prison who just that target. Another Government shut- And, so, I challenge the Speaker, the walked away because they do not have down will not be tolerated. majority leader, others with authority decent jails or stockades. One thing the How can we reach that target, what in the majority, the leaders on this U.S. Army or military force can do is are the obstacles to reaching that tar- side of the aisle and all Members of build some jails and stockades, but we get, and what are the values of Amer- this and the other body—hold fast to have refused to do that. If would not ica? We can reach that target by put- your values—put people first—advance cost very much. ting principal and people above politics a budget bill, but do not retreat from Haiti needs an improved criminal and party. We can reach that target by equality, do not shrink from fairness, justice system. The judges were run discovering our similarities and over- do not withdraw from justice, and do out of Haiti. They are spread out looking our differences. not wince from family. among the world; 1 million Haitians Now the obstacles, admittedly, are are in France, the United States and f many. Canada. They will come home if a clear But this Nation and this Congress The SPEAKER pro tempore. Under a system is set up with the backing of have faced obstacles before. And we previous order of the House, the gentle- the United Nations and United States. have overcome those obstacles by hold- woman from New York [Mrs. LOWEY] is We can give them judges and jails. ing to our values. recognized for 5 minutes. And Haiti needs electricity. That is We believe in equality. We believe in Mrs. LOWEY. Mr. Speaker, the basic necessity for industry in fairness. We believe in justice. And, we f Haiti. We promised to do that when we believe in family. Those are values held went in there. We have not delivered on by every Member of this Chamber. HAITIAN POLICY SUCCESSFUL, that capacity. And, since those are our similarities, BUT MORE NEEDS TO BE DONE Understand if we have these basics in there is really no reason for our dif- The SPEAKER pro tempore. Under a place, you would have an atmosphere ferences to prevent us from enacting a previous order of the House, the gen- and environment established which long-term, balanced budget bill by De- tleman from New York [Mr. OWENS] is would create trust between the Haitian cember 15. recognized for 5 minutes. people and the United Nations that are If all of us believe in equality, fair- Mr. OWENS. Mr. Speaker, there have trying to help the people. Instead of ness, justice, and family—and we do— been several explosive developments in those few basics being met, what we why should achieving a balanced budg- Haiti in the last few weeks. The wis- have is the kind of situation where the et in 7, 8, 9 or 10 years be an obstacle? dom of President Aristide, no matter United States is withholding docu- It should not. what course these developments take, ments that it seized from the Haitian H 13772 CONGRESSIONAL RECORD — HOUSE November 29, 1995 military criminals, documents which trict is a living, breathing city that de- I have a D.C. Fiscal Protection Act, show who committed the murders of livers vital frontline services. A Fed- in addition to the CR for December 15, 3,000 people, documents which show eral agency is a creature of the Federal that would mean that whenever we get who armed the groups that drove our Government that delivers services that to the end of a fiscal year, the District forces away from the pier in Haiti local communities find important but could spend its own money until an ap- when we first went to Haiti peacefully. not vital to their day-to-day survival. propriation cleared the Congress. Our All those documents show who the per- Please, let us delink these two entities. appropriation is stuck up here on pro- petrators are, who financed the coup. I have yesterday introduced an inde- visions added undemocratically by Yet our army, which seized those pendent CR for the District of Colum- Members unaccountable to the voters documents, is refusing to share them bia, so that if on December 15 another of the District of Columbia. We may with the Haitian Government. It is a shutdown should occur, the District not be able to get it out for weeks and kind of racism. I know of no other situ- would be free from it. I have spoken to weeks. ation where a country has gone in to the Speaker, who appeared to be sym- Do not hold the District hostage. I liberate and help another country, pathetic to my concerns; the chair of represent a lot of innocent bystanders. seized documents which would lead to the subcommittee, the gentleman from Whatever you think of the Mayor or the prosecution of those people who are Virginia, Mr. TOM DAVIS, has cospon- the city council or the delegate, re- guilty of committing serious crimes in sored this special CR for the District of member these high taxpaying citizens the country, and claimed those docu- Columbia. who deserve a whole lot better. The ments as their own. The Haitian people The shutdown of the District of Co- last time the District got lost in the are suspicious. Jean-Bertrand Aristide lumbia was particularly galling and shuffle, even though the District was is suspicious. The cousin of Jean- unnecessary, because 85 percent of the right here ‘‘in your face.’’ This time, Bertrand Aristide, who is a member of money in our appropriation was raised you will not be able to miss us, because parliament, was recently assassinated in the District of Columbia from Dis- I will be here every day on the count- in broad daylight. trict taxpayers. It should not be up down until December 15. When you add up these kinds of situ- here in the first place. But if it happens f ations, our Government refusing to to be up here and caught in a shut- HONESTY IN DISCUSSING A share documents which would pros- down, the very least that the Congress BALANCED BUDGET ecute the wrongdoers, and then a resur- can do, in all decency, is to say, ‘‘Here, gence of violence so strong and so bold District of Columbia, you are entitled The SPEAKER pro tempore. Under a as to shoot down the cousin of the to spend your own money to keep your previous order of the House, the gen- President, who is a member of par- own city open.’’ That is all I am ask- tleman from Mississippi [Mr. TAYLOR] liament, then you can see what great ing. As to the Federal payment, some is recognized for 5 minutes. suspicion sets in, where the Haitian of it would remain, of course, locked up Mr. TAYLOR of Mississippi. Mr. Government under Aristide is wonder- here, and yet we need that cash very Speaker, a few minutes ago, the gen- ing what is happening now. much. Bear in mind that the Federal tleman from Hawaii [Mr. ABERCROMBIE] The CIA in the past has not seemed payment is a PILOT, a payment in lieu extended me the courtesy of giving me to be operating hand in hand with the of taxes, thank you, no gift from the one of his minutes. I would like to re- White House. The White House and the Federal Government, but a payment turn that courtesy. people there would say one thing, and owed us. Nevertheless, that would be f treated in the normal way. the CIA would do another. The organi- THE SOCIAL SECURITY TRUST zation called FRAP, which created so Remember the city which I represent. It is second per capita in taxes FUND AND BALANCING THE much havoc in Haiti just before the re- BUDGET turn of Aristide, it was financed by the paid to the Federal Government, yet it CIA it turned out. is the only jurisdiction that flies the Mr. ABERCROMBIE. Mr. Speaker, I These kind of contradictions and American flag that does not have full thank the gentleman from Mississippi strange happenings lead to a bewilder- home rule and full self-government. for yielding to me. ing array of activities that raise sus- All of you, make up and read the Mr. Speaker, the gentleman from picion and eliminate what trust did morning papers. You know about the Mississippi [Mr. TAYLOR] raised the exist. We can return that trust by pro- condition of the District of Columbia. issue of whether there is, in fact, a Bal- viding judges, jails, and electricity, You know it now has a control board anced Budget Act before us. I had spo- and giving back to the Haitian Govern- just to borrow, and that it is virtually ken about the fact that, and I say ‘‘the ment any documents which rightfully insolvent. Surely the Congress does not fact’’ that the budget proposed by the belong to that government. mean to do more damage to the capital majority, by the Republican majority, city of the United States. What is that by Speaker GINGRICH, is going to take f damage? Imagine, the District of Co- $636 billion from the Social Security b 1430 lumbia of course, has to pay employees trust fund in order to so-call balance even though they do not work, because the budget. I want to quote at this INTRODUCTION OF THE WASHING- they are forced onto administrative point, so it is not just coming from me, TON, DC, FISCAL PROTECTION leave. There is that lost productivity, but from Senator HOLLINGS in the ACT some of it completely irrecoverable. other body: The SPEAKER pro tempore (Mr. These 3- or 4-week CR’s do not allow You will expend another $636 billion of the GANSKE). Under a previous order of the a complicated city to operate, because Social Security trust fund. We said we were House, the gentlewoman from the Dis- a city cannot overobligate. If you are raising the Social Security taxes to make trict of Columbia [Ms. NORTON] is rec- obligating on a basis of one-fourteenth, certain there was trust in the trust fund ognized for 5 minutes. because you have a 14-day CR, and yet through the year 2050. Ms. NORTON. Mr. Speaker, this is you have unfunded mandates like Med- That is why the FICA taxes, your So- day 17 of the countdown to December icaid or AFDC, you are put in an un- cial Security tax, was raised pre- 15. I am here every morning to try to tenable position. And of course, if the viously, to make sure the trust fund see to it that if you shut down Federal District were overobligated, as we have was solvent. Now we are taking it. agencies on that date, you do not shut seen, the Congress would be the very Again, quoting Senator HOLLINGS: down an entire city, the District of Co- first to object and to criticize. When you put together the borrowing from lumbia. The District of Columbia has taken the trust funds that must be replenished, you This, of course, was one of the all- its hits and it knows it deserves its get the real deficit, the gross Federal deficit, time unintended consequences of the licks for what it has not done to keep and the gross interest costs. last shutdown. If we shut Federal agen- its city in good shape. The very least Finally, again from Senator HOL- cies, the District of Columbia auto- the Congress, which has been profuse in LINGS: matically shuts down. Mr. Speaker, its criticism, should do is to make sure Wait a minute. When you take the reve- these are apples and oranges. The Dis- it does no further harm to the District. nues in, the outlays out, and you look at November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13773 that figure, that is too high for me to run on der posts in Macedonia, had the privi- home, what is your estimate that the in the next election, so we will take an lege with having lunch with some fel- Federal Government spends per person amount of money out of the right pocket, low Mississippians, a young man from to run the Federal Government, on put it into the left pocket, we will take $636 Tupelo in particular, and from four- Federal Government programs? How billion from Social Security in this budget that we have under consideration, and put it star officers to sergeant majors. Every much do you think we spend per person in the general fund to make it appear we are one of them privately told me we to operate the Federal government? balancing the budget. You will have to pay should not get involved there. That is Let me tell you what it was for the last back Social Security with interest and at not our fight. 7 years. Over a 7-year period, we spent the end of the 7-year budget period, you will These people have been fighting each $145,962 on a family of four. We spent owe. At the end of the 7-year period, we will other for 700 years. The only peace $9.5 trillion over the last 7 years to run all have to pay back supposedly over $1 tril- they have known recently was the 45 or the Federal Fovernment. lion into the Social Security trust fund, and so years when Tito was in charge there, We have come up with a new budget no one has any idea, not any Senator or using the iron fist of communism, and that balances, that has been certified House Member, who is going to introduce the to balance. Guess how much we spend increase in taxes to refund the Social Secu- he got the Bosnians to quit killing rity trust fund. Muslims and the Muslims to quit kill- as Republicans, the mean old Repub- licans who want to devastate every- Mr. Speaker, I wish the Speaker ing Serbs and the Croatians to quit thing? Guess how much money we have would come here and answer that ques- killing the others. As soon as the iron spent? Twelve trillion dollars. Where tion. fist of communism was gone, they went Mr. TAYLOR of Mississippi. Reclaim- back to killing each other. does that $12 trillion come from? It ing my time, Mr. Speaker, it came as Mr. Speaker, I want to close by say- comes from you, the taxpayer; it comes quite a surprise to me yesterday in re- ing that they told me that the smart from you, the senior citizen. It is hard searching the Republican budget plan weapons that worked so well in Desert to make the money, it is far too easy that was much touted on the floor of Storm will not work in the cold, wet to spend the money up here, but over this House as being the balanced budg- fog of Bosnia. We are going to send the next 7 years we are going to take et plan of 1995, said repeatedly, that those kids on the ground, a bunch of $12 trillion of your money and run this the annual operating deficit for this them are going to die, and nothing Federal Government. I ask one simple thing of my col- Nation will actually increase by $33 bil- good will come of it. leagues: Let that be enough. Twelve lion in fiscal year 1996 over this year. I f trillion dollars is enough to spend in think people need to know that. The COMMON SENSE AND THE BUDGET Washington, DC. We can argue about budget deficit will increase from $263 The SPEAKER pro tempore. Under a how to spend it, we can rearrange the billion on an annual operating basis to previous order of the House, the gen- $12 trillion pie, we can move money $296 billion on an annual operating tleman from South Carolina [Mr. GRA- around, but for the sake of future gen- basis. HAM] is recognized for 5 minutes. erations, for the sake of fiscal sanity, Part of this, Mr. Speaker, will come Mr. GRAHAM. Mr. Speaker, I think a please do not spend more than $12 tril- from the trust funds that the gen- good way to start is to echo what the lion of hard-earned taxpayer money. tleman from Hawaii [Mr. ABERCROMBIE] gentleman from Mississippi [Mr. TAY- Do you know what that equates to, just mentioned: The $118 billion that LOR] just said. I agree with his analysis for a family of four over a 7-year pe- people paid into things like the Social of Bosnia, and I hope that we can bring riod? It is $184,373 that will be spent by Security trust fund will be used to dis- some common sense to bear on that your Federal Government on a family guise the true nature of this debt. issue. of four. It is hard to make that much The gentleman from Ohio [Mr. KA- Let us talk about the budget and see money and it is far too easy to spend SICH] is for a balanced budget. I am for if we can get some common sense and it. If you do not like the tax cuts, fine. a balanced budget. Let us be honest a level of agreement on what we are If you think we have spent too much with the American people. Let us not trying to do up here in Congress. A lot money on defense, fine. If you think we tell them we can spend more in spend- of people have said they want to bal- have not spent enough money on Medi- ing, we can receive less in taxes, that ance the budget. I hope they are sin- care, fine. Just agree with me and evey we are already $5 trillion in debt, pay- cere. My gut instinct is that some other American who knows the facts. ing $1 million in interest payments mean it and some do not. The best way Rearrange the $12 trillion pie, and do every 2 minutes, 2 minutes, and some- to judge whether a person means what not go into our pockets any deeper. We how all of this is magically going to they say is to look at what they do. do not have much of a picket left as it work without pain. When I was a prosecutor in the Air is. This is not a shoestring budget. The gentleman from Ohio [Mr. KA- Force and a defense attorney, I had Twelve trillion dollars is unimagina- SICH] is my friend, but let us be honest this as my guide. I never quite believed ble. They tell me that if you spend $1 with this. Let us be honest with the everything my client told me as a de- million a day from the time of Christ American people. This morning you fense attorney, and when the accused to the present, you would not have told me you were willing to borrow $75 said he did not do it, I did not stop the spent $1 trillion. billion so you could give people a min- investigation there. I looked behind Mr. Speaker, I ask the people who are uscule tax break. They have to pay what people say, and you judge their listening here, Members of Congress, to that back. That is not a gift. That is actions by their deeds. agree on one simple fact: That we can just loan sharking. You are taking So when somebody comes up here and run an efficient nation on $12 trillion, money from them, you are giving them tells you they want to balance the we can satisfy legitimate needs on $12 a little bit back, and they are going to budget, the first question you need to trillion, and that any politician who have to pay back a whole heck of a lot ask them is are they willing to spend wants to spend more than $12 trillion more of the time they pay the interest. within the revenues generated, because has a problem. They do not need to be Let us be honest with the American if you want to spend more than you up here. people. take in, you are not going to balance f The second thing I want to mention, the budget. Does anybody have any Mr. Speaker, is I have had a number of idea how much the Federal Govern- THE IMPACT OF THE CUTS IN calls from home. I want to assure the ment has grown since 1969? I do not EDUCATION people of south Mississippi that I was have that answer right now, but I have The SPEAKER pro tempore. Under one of the first members of this body to been told it has been several hundred the Speaker’s announced policy of May be against putting American troops on percent. I am trying to find out how 12, 1995, the gentleman from Texas, Mr. the ground when President Bush asked much the Federal Government has GENE GREEN, is recognized for 60 min- me to do it, and I will remain opposed grown since we last balanced our Fed- utes as the designee of the minority to that when President Clinton asks eral budget. I think the number is leader. me to do it. going to be shocking. Mr. GENE GREEN of Texas. Mr. I traveled to that part of the world a We have some folks visiting here Speaker, I would like to thank my col- few weeks ago, traveled up to the bor- today, and those that are listening at league, the gentleman from South H 13774 CONGRESSIONAL RECORD — HOUSE November 29, 1995 Carolina, when he talks about $12 tril- the rescission bill this year. Currently, programs by $20.6 million, or by 18 per- lion. That is what, for the next hours, Franklin receives about $200,000 in Fed- cent. the members of the Committee on Eco- eral title I funding. If the House-passed Mr. Speaker, I could go on and on. I nomic and Educational Opportunities Labor-HHS appropriations bill becomes intend to as we proceed during this will talk about. I wish we had $12 tril- law, Franklin will lose 17 percent or hour, but I would like to yield time to lion to spend on education, but we do $34,000 of those funds. the gentleman from Rhode Island [Mr. not. That is why our committee mem- Harris County in the State of Texas REED], my colleague. bers are joining today in this special receives $81.1 million in title I funds Mr. REED. Mr. Speaker, I thank the order to highlight the spending cuts now. Under the House-passed bill origi- gentleman for yielding. that will happen. nally, Labor-HHS, Harris County would I have come to the floor today to join Mr. Speaker, I do not know about $12 lose $13.8 million, and under the Presi- my colleagues in addressing the serious trillion over the next whatever number dent’s budget proposal, Harris County issues of the Republican budget and the of years it is, but I know the impact will receive $8 million more. So what draconian cuts to education. The the education cuts are having on my we are seeing is a loss, if we add those American public understands the im- own district from the rescission bill, together of the cuts, plus the potential portance of education. They under- and the potential for the budget that of $21 million, $21.9 million in loss of stand now more than ever that we have we will ultimately end up passing, and Federal funding. to prepare the best educated young the lost opportunity we will have, not We are having great success in our people for the challenges ahead. They just for the students who are there this district. I have visited almost every el- want overwhelmingly to invest more year or next year, but for the next gen- ementary school in my district. I still resources, both Federal resources, local eration that we hope will be the ones have a few left that I go into, and I resources, in good, solid education for who are taking our place here on this read, like a lot of Members of Congress their youngsters and for the whole do, and I see the success every day. I floor and taking our place all over the community. have an inner-city district that people country in the medical schools and in Unfortunately, this budget takes ex- say, oh, how can you have education the professions. actly the opposite track. It disinvests success there? We have it every day, b in good, solid, well-established, innova- 1445 and it is because of the dedicated tive education programs. In the name of deficit reduction, the teachers and parents and administra- Last Congress, we tried to move for- Congress is cutting the Federal money tors and people involved in the commu- ward with an agenda of education re- available for education programs, and I nity. form and support that would truly rep- believe we need to balance our budget. Mr. Speaker, do not take that suc- resent a sound investment in the fu- However, I do not believe that we must cess away in the name of tax cuts, and ture of this country, particularly at a balance it on the backs of those chil- that is what I am pleading. I think time when the old industrial age is dren. today the members of the committee yielding to the new information age. The purpose of the deficit reduction will join in that. Years ago, 20 years ago, 30 years ago, Other educational programs hit hard- is to make America stronger, and we it would not be unreasonable for a est are the basic math and reading pro- agree with that on a philosophical young person to think that with a high grams, efforts to promote safe and basis. How can we make America school education he or she could leave drug-free schools, and resources for stronger if we are not willing to invest that high school, find an adequate job, State and local officials to implement in education? Education is talking make a living to support a family, and, higher standards in educational tech- about the strength of America, again, in fact, spend a whole career with those nology. Cuts in these vital programs not for this year, Mr. Speaker, but for skills learned in high school. Today, will cause irreparable harm to students the next 5 and 10 years, and even after in our local community and as well every American understands that this that. We should not stand by while the around the country. is not the case, that today, in order to Republican majority destroys the edu- We will be spending $4.5 billion less be an effective worker in almost every cational system that we have all in 1996, almost a 20 percent of the total level of endeavor, you have to have worked hard to achieve. Federal aid cut in 1996 than we did in postsecondary skills, either college or Mr. Speaker, I know in Houston we 1995. At the same time, local and State- some technical training. The thrust have made a solid investment in edu- wide and Nationwide enrollment trends and the consequence of this Republican cation and have a lot of individual stu- are up. Again, using my own district as budget is that those opportunities for dents who are being successful, part of an example, our enrollment is up in the higher education will be diminished. it because of the Federal funding that Houston Independent School District We also understand, and the Amer- goes to the schools in our own district. and in the Aldine School District and ican people understand, that we have A good example is Franklin Elemen- the Galena Park School District. We to have a solid basis in order to start tary School in my district, which was are not seeing declining enrollment. our young people off on a solid path to recognized by the U.S. Department of Yet we are saying, okay, you have educational achievement. That is why Education for its educational improve- more students, but we are giving you last year we spent a great deal of time ment. less money. on a bipartisan basis in developing the The students at Franklin made exem- The Republican budget eliminates Goals 2000 program. Goals 2000 is an at- plary progress in the Texas Assessment also the Goals 2000 funding, severely tempt, I think a very worthy attempt, of Academic Skills last year. In 1994, undermining State and local efforts to to act as a catalyst from the Federal only 35 percent to 59 percent of the stu- reform elementary and secondary edu- level for school reform at the local dent body passed the TAAS test as we cation. In the State of Texas alone, we level, to provide the kind of resources, call it, Texas Assessment for Academic would lose $29.2 million in the Goals the directions and the standards that Skills. In 1995, due to innovative teach- 2000, and we have already completed would be very necessary to move our er methods and a significant Federal our planning and begun implementa- elementary and secondary education investment in Franklin and the free- tion of comprehensive reforms, as pro- system forward. dom that we had last year under title I, vided by Goals 2000. We also in the last Congress under- that school was classified as a recog- The Republican budget cuts Federal stood that in too many schools the nized school where 75 percent of those support for drug-free schools and com- education process is sacrificed to a cli- children, at least up to 80 percent, are munity programs to the tune of $266 mate of violence and intimidation, a passing their TAAS testing. So we have million, or about 60 percent, sharply climate that is too often indicated by a three-quarter success rate in an reducing drug abuse and violence pre- pervasive drug use, and, as a result, we inner-city school that is eligible and vention activities serving students in passed a Safe and Drug-Free Schools receives both bilingual funding from 97 percent of our Nation’s schools. In Act. the State, but also title I. Texas, we would lose $18.9 million. These legislative measures at the ele- The students at Franklin are espe- The House would cut funds to States mentary and secondary level were im- cially hurt by the cuts in title I from ready to implement school-to-work portant steps forward, but sadly, too, November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13775 because of this budget, those initia- schools who are participating directly being affected mightily, basically al- tives will not receive the resources as schools in the program. This is most zeroed out, if not entirely. It that are necessary to carry on that im- going to set back reform which is nec- would deny 450,000 young people in portant work. essary and which every American citi- Rhode Island the chance to serve. At the level of higher education, un- zen recognizes is necessary. It will set This program is so useful, too, be- derstanding, as the American people it back perhaps fatally. cause it embodies in my view the ethic understand, the need for advanced In terms of student loans, the budget that we should all have as Americans: skills, we sought to strengthen those cuts would raise the cost of a college serving our country, and by that serv- existing programs, like the Pell grant education by more than $2,000 for over ing getting a chance to go to school and the Stafford loan program to make 36,000 college students and more than and educate yourself so that you can be access to higher education something $9,400 for over 5,000 graduate students better prepared as a citizen, as a work- that would be available and affordable in Rhode Island. er, as an American. Sadly, again this for all of our citizens. It makes sense, Pell grants. Changes in the Pell program is being jeopardized by this particularly as we move from this in- grant program will reduce support to budget. students in Rhode Island by nearly $2 dustrial age to the new information b 1500 age which demands higher skills for ev- million. An estimated 1,600 students in eryone in our society. 1996 alone will be denied Pell grants as Mr. Speaker, when we look at this Again, sadly, the thrust of this Re- a result of this cut. budget and we look at the reality of publican budget is to undercut signifi- Title I program, another program the world, something is sadly wrong. cantly the resources that will be avail- very important to elementary and sec- At a time when we have to invest in able for higher education. This budget ondary education that provides com- education, at a time when our eco- would cut student loan programs by pensatory education for low-income nomic future is at stake and education more than $5 billion going forward for American. Under this budget, the funds will be the key to our success as an those young people that want to go on would be cut by a total of about $3.5 economy, as a society, as a world to higher education, postsecondary million, and this has a real impact, not power, and as a source of opportunity education. only again in the lives of these stu- for all of our citizens, we are turning This is going to be a tremendous bur- dents but in the tax rolls in local com- our back on funding education. den on their lives and the lives of their munities. Because as the city of Provi- This is a sad mistake which I hope we families, because one of the persistent dence and the city of Central Falls and can rectify in the days ahead. complaints, one of the persistent con- the city of Pawtucket copes with these Mr. GENE GREEN of Texas. I thank cerns that I hear from my constituents cuts, they have to turn, once again, to my colleague from Rhode Island with in Rhode Island, those working people their very, very strained tax rolls to whom I enjoy serving on our commit- which we all claim to represent, those make up the difference, if they can tee. working families, is that they have one make it up at all. Mr. Speaker, I will just sum up what or two youngsters in college and the So this is not just a problem for the he said and what the concern a lot of cost of college is outrageous, and with- beneficiaries of the program. It is a us have is that balancing the budget out adequate Federal assistance, they problem for the fiscal health of our requires tough choices, but we should cannot send their children to the cities and towns in Rhode Island. not let the majority balance the budget schools they want. I mentioned before the Safe and on education. In some cases, they cannot send them Drug-Free Schools Act which so impor- The proposed budget cuts make only to school at all or, in other cases, they tant last Congress, which directed re- a tiny part in the size of the deficit. have to make the very difficult choice sources to a problem that is gnawing at Yet they have a tremendous devastat- of which child will be favored with a the heart not only of our educational ing impact on the future of America’s college education and which will be system but of our society as a whole. children. told, well, you have to fend for yourself That, too, is going to lose funds. These I yield to the gentlewoman from in the job market without that edu- budget cuts result in about a $1 million California [Ms. WOOLSEY]. We serve to- cation. That is a very, very cruel loss in these funds, which are helping gether on the Committee on Economic choice which I thought that we had ba- to keep programs going, to show young and Educational Opportunities and we sically prevented in the last 30 years by people that drugs are not anything but actually sit together and have gotten providing a strong Federal commit- the path to destruction and that we to know each other over the last 3 ment to higher education. But, sadly, have to choose another path. years serving on that committee. we seem to be going back to a point in I would also mention one other pro- Ms. WOOLSEY. I compliment the time when those cruel choices were all gram which touches upon the issue of gentleman from Texas, Mr. GENE too common. education and opportunities so impor- GREEN, and the members of the Com- All of this impacts mightily in the tantly, and that is the national service mittee on Economic and Educational localities, the districts and the States program. Americorps in Rhode Island Opportunities for organizing this spe- that we represent. In my State alone, is a shining example of a program that cial order tonight. in Rhode Island, we estimate that next is inspired perhaps by legislation but Mr. Speaker, it is hard to believe year we will lose about $14 million in embraced by the business community that it was just last year when I con- resources for education, and that over and the local community as a whole. vinced this body to approve a landmark the next several years, the next 7 years The director of Americorps in our resolution, which put us on our way to of this budget, we will lose more than State, Larry Fish, is the chairman of making our schools the best in the $90 million. one of our largest financial institu- world. Where will these cuts go to? First, I tions. We are very lucky to have every Yes, it is true. mentioned the Goals 2000 program. category of Americorps activity funded Last year, the House approved my This is really the only money for re- in Rhode Island. resolution which called on Congress to form and restructuring of our edu- We have a City-Year program, which increase our investment in education cational system that is available in my young people are spending a year help- by 1 percent a year, until the education home State. It has been eagerly em- ing out all through the community. We budget accounts for 10 percent of the braced by the commissioner of elemen- have programs that are helping budget in 2002. tary and secondary education in my through the Children’s Crusade to men- At the time, I said that the resolu- State, by all of the districts. tor young people in schools to help tion would send a clear message to There is an active process, an excit- them get through school and get on those who decide how our Federal dol- ing process of change that is being into college. A wonderful program, but, lars are spent. The appropriators re- sponsored by this program; and, sadly, once again, even though this is sup- ceived the message that this Congress we will lose about $1.4 million roughly ported strongly with corporate con- was serious about improving education. all of the money that has been commit- tributions and corporate leadership in Well, guess what, folks? Times have ted. This will affect as many as 71 Rhode Island, this program, too, is changed. We have got a new majority H 13776 CONGRESSIONAL RECORD — HOUSE November 29, 1995 in Congress. And, instead of going for- Mr. GENE GREEN of Texas. Mr. cation means to me and why I feel that ward, we are going backward. Fast. Speaker, I yield the balance of my time this is a very, very dangerous decision. The new majority in the House bla- to the gentlewoman from Hawaii [Mrs. If all States were equal in their abil- tantly ignored the pledge we made last MINK]. ity to educate and to provide quality year to improve our children’s edu- The SPEAKER pro tempore (Mr. education to their children and adults cation, and has passed some of the GANSKE). The gentlewoman is recog- that need training and education, then most antieducation legislation this Na- nized for 39 minutes. perhaps our concerns can be mitigated tion has ever seen. Mrs. MINK of Hawaii. Mr. Speaker, I somewhat by the idea that the States Just take a look at the education appreciate very much the time being have the capacity and the will to per- budget for 1996 which the House has ap- yielded to me and I appreciate the form in accordance to the national ex- proved. ranking member of our Committee on pectations. But we all know that our This terrible bill cuts: Head Start, Economic and Educational Opportuni- States are very widely differing in chapter one, safe and drug-free schools, ties taking the time to schedule this their ability to fulfill this function. school-to-work, and vocational and special order. One cannot, as a Nation, exercise the adult education. Mr. Speaker, the discussions that the luxury of happenstance in terms of the In all, it cuts education by 13 percent House and the Senate have been having States’ abilities to perform. Therefore, in 1 year alone; 13 percent. recently with regard to the reconcili- the presence of the Federal Govern- But that is nothing compared to ation budget is a 7-year plan to bring ment in this important field of edu- what they want to do to our education the Government eventually to a bal- cation seems to me the most important system over the next 7 years. anced budget, or a zero deficit in 7 The new majority’s 7-year budget responsibility that we have to our years. In discussing the budget rec- country and to our future. plan would deny Head Start to 180,000 onciliation proposal, which is a 7-year children by 2002. So when we see this reconciliation, 7- plan, there are so many larger issues, year balanced budget plan calling for It eliminates Goals 2000, which helps such as the $270 billion reduction in schools meet higher national standards cuts amounting to $45 billion over the Medicare, $162 billion cuts in Medicaid, next 7 years, it troubles me deeply that and increases parental involvement. and other programs of that enormity. It kills AmeriCorps, which has pro- we are sacrificing the future capacity In the course of the debate in the of our children and our adults who are vided thousands of Americans with col- budget reconciliation measure last lege tuition assistance in exchange for being trained under these programs to week, we did not hear much about the meet the challenges of the future. I community service. impacts on education, and so I appre- And, it cuts in half, the President’s think that this is a mistaken notion of ciate the time that is being allotted program aimed at helping schools bring reversion to State responsibilities. this evening to discuss the impacts on technology into the classroom. Even within a State, one can recog- education, because in my estimation it Under their budget, my State of Cali- nize that there are differences in ca- is probably the most far-reaching and fornia alone will lose, among other pacities of local communities to as- devastating of all the cuts that we are things, $1 billion for the School Lunch sume their responsibilities, and we making. Program, and over 181,000 Californians hear States having to come up with I know that the majority feels very will be denied participation in the cost- ways in which they can balance out strongly about reallocating the func- effective direct Student Loan Program. their support for education by giving tions of Government, to the idea spe- My friends, that is the wrong direc- certain localities additional funds with cifically of returning many of the function, and that is not the way we are which to function, because the basis for tions that have been assumed by the supposed to be taking care of our chil- funding education is the local real Federal Government, many of the pri- dren and their education. property tax, and we know that the orities that have been expressed by the You see, I believe, as do my col- values of property differ even within Federal Government over the last 20 or leagues here today, that our Nation’s one State. Of course, they differ widely 30 years, and trying to reassemble greatest responsibility is to provide a all across the country. them and make them State priorities, quality education for everybody in this If we are going to put the future of country. under the assumption that the States know best how to govern their con- our country in terms of our ability to We believe this because education is compete with the rest of the world on absolutely central to solving the prob- stituents and are more directly responsible one to the other. this notion of equity distributed by lems facing our Nation. real property taxes, that seems to me When we strengthen education, we While that is an excellent political philosophy, it seems wholly inappropri- wildly off the mark. Therefore, the idea prepare our children and workers for of the Federal interest in supporting jobs that pay a livable wage; we get ate in the field of education because education, after all, is really tooling educational opportunities in our 50 people off welfare and prevent people States is so important. from having to go on welfare in the one generation to the next generation To see programs like title I, for in- first place; we actually prevent crime for leadership, for the ability to as- stance, being cut back, even this 1 and violence in our communities; and, sume responsibility, to maintain our year, fiscal year 1996, we are apt to lose we increase respect for our health, re- quality of life, our ability to compete almost $2 billion if we follow the rate spect for our environment, and respect in the world market, and to discover of reductions between the House and for each other. those things that make our economy That is why, for the life of me, I can- and our business and so forth much the Senate versions. These bills are not understand why the new majority more competitive. still in conference and the final figures is cutting and gutting our education So in the educational system rests have not been reconciled. system. the future of this country, not just in- We have a moment in our legislative You see, we can balance the budget, dividually, for the sake of the child or discussions to rise to the occasion, and but it does not have to be on the backs the family or their prosperity, but to call attention to the House and the of our children and their education. truly the whole nature of our society Senate and to the conference commit- It is time to stop this assault of edu- and the success of our country lies in tees about this dangerous course that cation. our ability to educate our children we are embarked upon. It is time to pass a budget that in- well. We know that in recent years, Title I, as we know, is a program that vests in education, and reduces the def- compared to other countries, we have allocates funds to our local school dis- icit by cutting wasteful military and been falling by the wayside. tricts that have high concentrations of Government spending; closing tax loop- I look at such things as national se- poor people, youngsters that are educa- holes; and ending corporate welfare. curity as being, indeed, important. But tionally disadvantaged through eco- It is time to make our Nation’s No. 1 what is more important than the na- nomic circumstances or because of special interest our children, and not tional domestic security of our citizens other disadvantages that may surround the fat cats and lobbyists in Washing- through adequate education? That is them in their environment and in their ton. what the forfeiture of funding in edu- community. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13777 Why is it important that the Federal The next one is also equally disturb- important and which programs are Government support these commu- ing, the safe and drug-free schools. The more important than others, I do not nities with large concentrations of dis- letters that I receive, the critique that think that there should be any ques- advantaged children? Well, because if has come to my attention from all over tion that we should be increasing fund- we do not, then we will have large the country because I am a member of ing for our children’s future or our Na- blocks of our children in various places this committee, suggest that this pro- tion’s future for education. throughout the country ill-educated gram is working very, very well. For a If this appropriations bill is enacted, and ill-equipped to perform in this small amount of money that the the education cut would be the largest highly technological society. If they schools receive, they have been able to setback to education in United States are ill-equipped to compete and they do a monumental job of trying to in- history. Education would be cut under are not properly prepared, they will still in our young people the dangers of the Republican plan by 17 percent, constantly be a cost factor not only for drug addiction and drug use and how while defense spending is increased by 5 the local communities but also for the simple it is to develop an attitude and percent, and yet we are still giving the Federal Government, so it is important a philosophy of simply rejecting this $270-billion tax break for the rich. that we target this money in these spe- intervention in your life. So to see this I do not see where the priorities are cial communities. program cut back so drastically, the straight when we are cutting edu- So one would have thought, of all the fiscal year 1995 allocation was $466 mil- cation. Now, this House, 1996 Labor, programs in education, that this would lion. The House allocated only a $200- HHS, Education bill, in my opinion, be the last place that there would be million figure, and in the budget reso- many, many of these appropriations any significant cuts. Yet we see nearly lution which came up and which we ap- bills are horrendous, and to me this is a billion, probably a $2 billion reduc- proved, it zeroed it out, and I think the most horrendous of all the bills. We tion in just 1 year of that program. that that is a serious mistake. are cutting education funding by $4 bil- For my State, just by State, we only So as we look at this whole thing, we lion. The budget reconciliation pack- have two Members in the House of Rep- see any number of areas which are age cuts student aid by $5 billion over resentatives, so that illustrates com- truly regrettable. Vocational edu- 7 years. My State of New York will lose paratively the size of my State. Even cation, as my colleague from California $319 million next year and $2.5 billion my State is going to suffer somewhere mentioned, an area which is so vital in over the next 7 years. Major cuts in education are certainly between a $1.7 million loss as in the this dynamically changing techno- unwise, and unwise as an economic pol- Senate version and a $3 million loss if logical environment, we need to have icy as well, and this legislation, it followed the House version. vocational programs that constantly That is a very big cut for my State to amongst all the terrible things it does, train and retrain our workers and have to endure in a very, very impor- as my colleague from Hawaii points adapt them to changing circumstances; tant program which has been success- out, this legislation eliminates $1 bil- the vocational education ought to be ful. One only has to look at the reports lion from Medicaid funds from more retained at its high level of Federal that have been written. The criticisms than 1 million children with disabil- are not from the funding, the criti- participation. ities. New York City will lose $85 mil- When we look at education, what do cisms are because it has not been ade- lion of that money, and the legislation people usually say? The teacher is the quately targeted. The maximum bang denies Head Start to 180,000 children in central focus of the success of the for the buck has not been achieved be- the year 2002 as compared to 1995. school or the child or the programs, cause the requirements of the Federal Just last year we were fully funding and so we rest our case upon the qual- Government have not been as stringent Head Start, and in a bipartisan ap- as they should have been. ity of teachers, the quality of our edu- proach we were all patting each other cational system, the ways in which our on the back to say Head Start is really b 1515 teachers are better equipped to handle a program that works. Everyone But nowhere in these reports and cri- their classes, and yet here again we agreed, and here we are cutting it. tiques is there a suggestion that the find that the programs have been cut My colleague from Hawaii mentioned Federal Government funding ought not back very drastically. we eliminate Goals 2000, the Eisen- to go. It still is considered a very, very The President, in the fiscal year 1996 hower professional development pro- important program. budget, asked for $735 million for the gram, the Safe and Drug-Free Schools Addressing the whole subject of qual- Eisenhower professional development Program. What could be more impor- ity education and meeting the expecta- program. The House only allocated $500 tant than a program to ensure that we tions of the Nation in terms of what million. So that is a terrible cut, one have safe and drug-free schools? Cer- education ought to mean to our soci- that I know will be felt throughout the tainly those of us in urban areas know ety, it was important that the Gov- system. that we have a problem in our schools, ernors convene some years ago a task There is a lot more to be said about and we should be trying to eradicate force on trying to find ways in which the impacts of these cuts, but I notice the drug problem, not cutting back the States could direct their resources that my colleague from New York is funds to try to eradicate it. and come up with a higher quality of here, and I would invite him to make The legislation cuts bilingual edu- education. So they set this Goals 2000 his comments at this point, and I yield cation, vocational education, $9.5 mil- concept. It was brought to the Con- to the gentleman from New York [Mr. lion in New York State in vocational gress by President Bush, and now im- ENGEL]. education, and title I. Title I, in my plemented by President Clinton, and Mr. ENGEL. I thank my colleague district, is very, very important be- yet we find that this is one of the pro- and friend, the gentlewoman from Ha- cause there are a lot of children with grams that the House has chosen to waii. low income and the schools rely on zero out, and that is a shame because You know, I certainly agree with ev- title I funding. one looks to the Federal Government, erything that she said, and what is We have a 17 percent cut of $1.1 bil- it seems to me, for leadership. And really just so shocking about this is lion in 1996 in title I funding. Title I here we are taking up the recommenda- that only a year ago it would have been funding was put there so that schools tions of the Governors’ conference and unthinkable to have these kinds of dra- that were in poorer areas could get the doing precisely what the Governors conian cuts to education. enrichment, the children in those conference has suggested, putting the If you asked the American people schools could get the enrichment they Governors themselves really on the how can we best fulfill the future deserve. What we are doing is we say governing board of this group called promise of America, they certainly we do not really give a darn about the Goals 2000, and yet the House of Rep- would say that we need to invest in our poor and we are just going to cut those resentatives majority party has seen children’s future, that we need to in- funds. fit to zero out this function. It seems vest in education, that we need to in- I think in the long run I could go on to me this is an absolutely appropriate vest in programs for the future, and and on about the things, the terrible area for the Federal Government to be while we may have some disagreements things that this bill does, but it is just involved in. in Congress over which programs are basically, I think, the wrong approach. H 13778 CONGRESSIONAL RECORD — HOUSE November 29, 1995

There is fat in the Federal budget. GENE GREEN] and I have mentioned, we It is what is being done now to the edu- We need to downsize the Federal Gov- are not going to be able to provide the cational support by the Federal Gov- ernment. We need to cut out fat. We kinds of services that we set as a prior- ernment in all of these important need to put programs that work ahead ity in the last Congress on a bipartisan areas. and fund programs that work, and we basis. b 1530 need to change programs that do not Mr. HOKE. You are absolutely right, work. But we do not need cuts to edu- I say to the gentleman from New York I am glad my colleague has raised cation. We do not need the orientation [Mr. ENGEL]. this point, because it gave me the op- of mortgaging the future of our coun- Mr. ENGEL. Let me just answer you. portunity to clearly point out that we try by saying that we are not going to When we are going to deny Head Start are talking about cuts in current fund- continue to expand. to 180,000 children in the year 2002, to ing. Mr. HOKE. Mr. Chairman, will the me, anyway you play with numbers, I am very happy to yield to my col- gentlewoman yield? that is a cut. If we are going to say league from Texas, SHEILA JACKSON- Mrs. MINK of Hawaii. I yield to the that children who have disabilities are LEE. gentleman from Ohio. not going to be able to get the funding, Ms. JACKSON-LEE. Mr. Speaker, I Mr. HOKE. Mr. Speaker, I just won- that is a cut. If we are going to elimi- appreciate the gentlewoman from Ha- der how you define the word ‘‘cut.’’ nate or sharply curtail the Safe and waii yielding, and I particularly appre- How would you define the word ‘‘cut’’? Drug-Free Schools Program, that is a ciate the pointed focus of her presen- Mr. ENGEL. Let me just say to my cut, and we can point to several more tation relating to education. I was in a colleague, we have had this discussion instances whereby it is a hard cut, and meeting and then at my office, and I not only in this bill but in Medicaid even if it is not a cut, it is a cut in the heard the discussion ongoing, and am and Medicare, and you can play with services that we will be able to provide sorry that the gentleman has offered to numbers, you can say, well, we are for our children because of inflation not continue to wait on some time to really giving it a small increase or we and because of what we have learned have this discussion, because you were are cutting back on what we were and where we know we have to provide clearly responding to what I think has going to have. To me, the bottom line the funds. There is no denying that. been misrepresentations about the di- is this, because we can all play with There will be a cut in education serv- rection that our Republican colleagues numbers and can all show statistics, ices to millions of American children, are taking us, and also their arguments the bottom line is what kind of pro- and I personally cannot see that at a there have not been cuts. grams do we have now in 1995–1996, if I time when we are increasing defense I met with a group of educators in just might answer your question, and spending, giving a huge tax break to the North Forest Independent School what are we going to have under this the rich. I cannot see us sacrificing District, which is a school district that bill in the year 2002? education funding for our children. has brought itself out of both near Mr. HOKE. You are using specific Mrs. MINK of Hawaii. Reclaiming my bankruptcy, but as well out of the dol- language, I say to the gentleman from time at this point, I still have others to drums of poor test scores in and around New York [Mr. ENGEL]. You are using yield to. But let me say that on all of the city of Houston. Clearly the pro- the word ‘‘cut.’’ If you are going to use the items that I mentioned, there is a grams that have been drastically cut the word ‘‘cut,’’ it seems to me it is cut in funding for fiscal year 1996 based are the very programs that these edu- very confusing to the public. When a upon fiscal year 1995. cators have utilized to assist their chil- family says they are going to cut their I am not talking about reductions in dren in excelling. We already know we spending for the next year, they are anticipated funding. But I want to can tell our children that they can suc- spending $2,000 a month now, next year make sure that everyone understands ceed, but these have been bridges that they are going to spend $1,850 a month, that in fiscal year 1995, title I was have helped them. that is a cut. Is it not true in every sin- funded at $6.7 billion. The House-passed The Goals 2000 programs are particu- gle one of these education appropria- bill provides for only $5.5 billion. If larly unique when it relates to inner tions we are talking about, the spend- that is not a cut, I cannot understand city and rural school children, where ing goes up from 1996 to 1995? what a cut is. they do not have the necessary re- Mr. ENGEL. No. That is not true. Goals 2000, we had $361 million. The sources. It is well documented that Mr. HOKE. I will grant you it might House-passed bill has zero funding. Head Start provides that extra step, if not be true in absolutely every case. That is obviously a cut. you will, for many of our children who Certainly, overall the appropriations Safe and drug-free schools in fiscal do not have the privileges of preschool bill for education is substantially more year 1995 was funded at $466 million. education that is paid for by the pri- in 1996 than it is in 1995 and substan- The House-passed bill was funded at vate sector because of the economic de- tially more in 1997 than in 1996, more in $200 million. That is a cut, no matter velopment level of their parents. 1998 than in 1997. It goes up every sin- how you look at it. The schools also have had a margin gle year. Bilingual education, we were funded of victory with the Safe and Drug-Free If you want to say we are reducing in fiscal year 1995 at $157 million. The Schools Program. I do not know why the rate of increase, if you want to say House-passed bill for fiscal year 1996 anyone would call that a waste of that we are not spending as much as provides only a $53 million. That is a money. And the $4 billion cuts overall CBO has said we would be spending a cut. clearly tell our educators as well as our year ago, you are absolutely right. But Vocational education in fiscal year children that the successes that they to suggest we are cutting spending and 1995 was $1.1 billion. The House-passed have had are not valuable. spending less this year in this edu- bill provides $903 million. That is a cut. The Budget Reconciliation Act that cation appropriation than we were last The Eisenhower professional develop- cuts these proposals is misdirected. Vo- year is absolutely wrong. ment was funded at $598 million for fis- cational education, the school-to-work Mr. ENGEL. Let me just answer the cal year 1995. In fiscal year 1996 the programs that have been so successful gentleman again. Let me say the bot- House provided $500 million. for some of our youngsters who are not tom line is that we know how much So all of the programs that have been directly interested and or prepared for funding we need to keep American edu- mentioned here in the special orders, a liberal arts college education. cation looking forward, to increasing there are clear cuts in the appropria- I heard earlier the Democrats were the funding for education that we know tion bills that have cleared this House. being accused of supporting a myriad our children are going to need so that Obviously, they are still pending in the of job training programs; we do not this Nation is going to have a future, Senate. know which ones we want. I might tell and what I see here when I look at this The point of this special order is to my colleague, the gentleman who was bill, I look at the Republican plan, is call attention to these cuts, over $4 bil- on the floor previously, that we have that in each and every aspect that the lion in total as against fiscal year 1995 already consolidated job programs. We gentlewoman from Hawaii [Mrs. MINK] spending, and it is not the idea of what have already done an inventory of the and the gentleman from Texas [Mr. more is coming in the future, 7 years. effective ones and the noneffective November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13779 ones, and we can be assured that we considered in the conference discus- loses this kind of program money, if it have programs that have proven to be sions with the administration. In her loses this kind of assistance that gen- successful. words, this is catastrophic for our erates additional assistance at the The gentlewoman has been a stalwart State. Our State, which has the obliga- State level and at the local level to spokesperson for real welfare reform. tion to educate a very diverse school provide for extra reading help and How do you reform welfare if you do population that is beset with the whole mathematics tutoring, computer not give that dependent mother or fa- series of problems that confront many equipment, special training for teach- ther an opportunity for job training of our large States, are simply not ers, all of which every independent re- and for work? going to be able to do that job in an port in assessing the American edu- So when we begin to talk about cut- adequate fashion. When I say in an ade- cation system and the California edu- ting, I am wondering whether my Re- quate fashion, I am simply talking cation system, done by the California publican colleagues understand the about people having the ability to per- Roundtable, done by our business com- word ‘‘investment,’’ because when you form at grade level in the basics of edu- munity, to look at this educational invest in job taining, education, then cation, in reading and writing and system, none of them have suggested you prepare yourselves for the dimin- mathematics and critical thinking that resources to that system should ishing of welfare rolls, you prepare skills. be reduced. They have all suggested yourself for people to be tuned into the The growing evidence is that a grow- that resources going to that system work force of the 21st century, you pre- ing number of students across our should be reorganized and should be pare yourself for work. State and across this country are sim- used more efficiently. But the monies Mr. Speaker, I would compliment the ply not becoming proficient in those that you gain from the efficient use of gentlewoman, and I would thank her very basic skills, those skills which are that reorganization should be plowed for allowing me to bring this to a point necessary if these students are going to back into that system so that we can of acknowledging the drastic and dev- be able to take their place in the Amer- better educate a larger number of the astating impact that this will have in ican economy and if they are going to children. my local community. be able to adapt to the changing econ- Those are not the conclusions that I I close simply by saying part of the omy once they have their place in the have reached. Those are not the con- cuts that have come about in the edu- job market. clusions that the California Teachers cation cuts and the job training cuts We see evidence of this now in the Association has reached or the school comes I think as one of the most tell- State college system. In the State of principals have reached. Those are the ing and also the most destructive cuts, California, some 60 percent of the en- conclusions of independent blue ribbon because of the negative discussion trants in the State college system are commissions, dominated in many in- around it, and that was summer youth in need of remedial education. The stances by the business community, jobs that many of us have seen work, frightening part is this is from I be- who have looked at these systems, because they are partnerships between lieve the top 30 percent of the students have looked at these institutions and the public and private sector. who graduate from high school in our said we have a major problem simply in I was on the floor earlier talking State. So now we find ourselves spend- the sufficiency of the resources avail- about that, because it hurts so much to ing money on some of the highest paid able to these institutions. tell a youngster it is only a baby-sit- professors to deal with remedial edu- So when we see budgets that are ting job, you were not learning any- cation problems that should have been passed by the House of Representatives thing from being exposed at an energy dealt with quite properly at the 4th that are talking about a 17-percent re- company or in a local government of- and 5th and 6th grade of education. But duction over 7 years in these budgets, fice or in the parks department or as our superintendent of public instruc- we are talking about a trickle down of somewhere else where you have seen tion tells us, the likelihood of that now a critical problem for local education. that work counts and work is impor- happening with these budget cuts is Interestingly enough, we find that tant. placed in jeopardy. people in my home community of Mar- I think and hope that in this budget That is not to suggest that this is a tinez and many other communities reconciliation process, even as short as problem of money alone, because it is that I represent in my congressional it is, that we give life to the idea that not. But it is also to strongly suggest, district, they are voting to try to raise we can balance the budget in a better as she does in her communications to what resources they can in the commu- way, less mean spirited, but we can in- the members of our delegation, that nity to improve school facilities, to try vest in our people so that we will not the corrective actions necessary in to provide technological improvements have this occurrence as we move into terms of school reform, in terms of ac- to the education system. But at the the 21st century. countability, in terms of teacher pro- same time they are making this effort, Mrs. MINK of Hawaii. Mr. Speaker, I ficiency, in terms of reducing the ad- that they are voting with their pocket- thank the gentlewoman from Texas for ministrative bureaucracy, are all book, what they see is a reduction in her contribution. It is very important placed in jeopardy by these budget resources from the Federal Govern- that we have this kind of focus on the cuts. They make all of the tasks of our ment. It is not only unwise, but I think significance of the cuts in education. educational system in California far it flies in the face of what parents have I am pleased to yield the balance of more difficult. said they want for their children. I my time to the distinguished gen- This does not even begin to speak to think we have an obligation to take tleman from California [Mr. MILLER]. the problem of the capital assets of our these programs that have been highly Mr. MILLER of California. Mr. elementary and secondary education successful and make sure that they in Speaker, I thank the gentlewoman for systems in the State of California, fact are delivered to the students of yielding and for her taking this time where we now find our children, the our State and of our Nation. on this important matter. children that we keep claiming are so Mr. Speaker, I want to thank again Mr. Speaker, I join this debate to important to the future of this coun- the gentlewoman for taking this time, point out some impacts that are now try, that we believe are the most im- and I just want to say that I think su- starting to be felt in the State of Cali- portant asset of the future of this perintendent Delaine Easton makes a fornia, and that is with our super- country, we are now sending them to very forceful case to the Members of intendent of public instruction. schools that are dilapidated, that are the delegation to give very, very strict Delaine Easton has written to our dele- run down, that are not capable of being scrutiny to the cuts that have been gation explaining her very deep con- properly wired for new technologies, made in the education budget and to cern with the cuts in the education for computer access for these students, understanding the impacts as they budget, both those which are in the where students are constantly con- drift down to the local district level in Health and Human Services appropria- fronted with water coming through the the State of California. tions bill and the budget cuts. ceiling. We have a huge obligation and re- California stands to lose some $260 That is a whole other issue. But as sponsibility to our students to make million under the budget now being the State struggles with that, if it them world class graduates, and to be H 13780 CONGRESSIONAL RECORD — HOUSE November 29, 1995 proficient at a world class level in the Under legislation crafted by the new House of our classrooms have even a single basics of education and in critical majority, California would lose $392 million in phone jack for fiber optics or comput- thinking. All of the evidence suggests fiscal year 1996, and stands to lose a total of ers or software or the programs we we will not meet that responsibility $2.59 billion over 7 years. need to put in there. and obligation to our students with the In fiscal year 1996, there would be $42.4 What my colleagues on the other side educational budget and the trendlines million less for Pell grants for college, $42.1 of the aisle are really talking about is that are put in place by the budget million less for local school reform, $122.3 mil- power. Washington-based power in edu- adopted by the House and the Senate. lion less for services for disadvantaged chil- cation. When they say we are cutting I would hope that the President dren, $26.4 million less for safe and drug-free Goals 2000, the Federal power of Goals would reject it. Should we eventually schools, $18.4 million less for vocational edu- 2000 has been cut to zero. Absolutely get to the Health and Human Services cation, and $5 million less for teacher training. correct. But we send the money, block appropriations bill, I would hope that Come on now, who's taking care of whom. grant it to the States, and the Gov- Members of Congress would vote The new majority is taking care of the rich ernors have told us that they can run against that, I would hope that the and ignoring the children of today. those programs more efficiently than President would veto it, and I would If they're worrying about the children of to- letting the Government talk about it hope that we sustain his veto so we can morrow then they would take care of the chil- with their rules and regulations. negotiate decent levels of education dren of today. We only control about 7 percent of funding for our children and for our f the funding for our schools in this Na- families who have such high aspira- tion out of the Federal Government. GENERAL LEAVE tions and hopes and desires for their Seven percent. But with that 7 percent children’s education and for their abil- Mrs. MINK of Hawaii. Mr. Speaker, I comes over 50 percent of the regula- ity to provide for their economic ask unanimous consent that all Mem- tions and 75 percent of the paperwork wherewithal in the American economic bers may have 5 legislative days within to the States. We are eliminating that, system. which to revise and extend their re- Mr. Speaker, and we are giving that I thank the gentlewoman for yield- marks on the special order just pre- power to the State. ing. sented. If the State wants to run a Goals 2000 Mrs. MINK of Hawaii. Mr. Speaker, I The SPEAKER pro tempore. Is there without all the bureaucrats in Wash- thank the gentleman for his contribu- objection to the request of the gen- tion in this debate. I concur with the ington, without having to file all the tleman from Hawaii? reports, without having to go through gentleman absolutely that if the con- There was no objection. ference bill in this area comes back all the paperwork, they can do it, and f anywhere near what I have just de- they have the funds to do it and it is scribed, the only thing that is left for b 1545 much more efficient. To say we cut us to do is to defeat that bill and hope Goals 2000 is not a fact. It is there. It THE IMPORTANCE OF A BALANCED is at the State level. that the Congress concurs with our BUDGET opinion. If not, if it should pass, I cer- Second, let us look at the perspective tainly hope that the President will The SPEAKER pro tempore (Mr. of California. We have less than 12 per- veto it, and the House will surely sus- GANSKE). Under the Speaker’s an- cent of our classrooms across the Na- tain that veto. nounced policy of May 12, 1995, the gen- tion, as I mentioned, that have a single This is an area of critical impor- tleman from Ohio [Mr. HOKE] is recog- phone jack. Seven percent of edu- tance. I cannot emphasize our feelings nized for 60 minutes as the designee of cation, again, comes out of the Federal about this in any stronger terms. I be- the majority leader. Government. We get less than 25 cents lieve fervently that we represent the Mr. HOKE. Mr. Speaker, we are going on the dollar back down into the class- majority of people in this country that to talk this afternoon about the budg- room because of all the bureaucracy. are committed to the Federal partici- et, about some of the things we have What we are doing is eliminating that pation in education. If we could have a just heard regarding that, about what bureaucracy and absolutely on the Fed- referendum, I am sure that our point of the importance is of a balanced budget, eral level we are cutting it and taking view would be more than supported. I and I want to recognize a great fighter that power out of Washington and the hope that point of view will be recog- pilot, former, a great American, great Democrats’ ability to spend money so nized by the Members who are con- Member of the Committee on Eco- that they can get reelected, so that ferees on the conference committee, nomic and Educational Opportunities, they can have the power, and we are and that we will have an opportunity and a Californian as well, because I giving it back to the States. to restore this funding. know that he has some important Mr. Speaker, I think there would be a Mr. MARTINEZ. Mr. Speaker, I rise today to things to say about education, and edu- legitimate complaint if the Repub- protest the proposed cuts in education. cation particularly in California. licans were taking that power and I have listened to Member after Member Mr. Speaker, I yield to the gentleman shifting it over to themselves, but they come to the well and say time after time that from California [Mr. CUNNINGHAM]. are not. They are shifting it back to we must protect the future of the children of Mr. CUNNINGHAM. I thank the gen- the people where Government is closer tomorrow and their children. tleman, Mr. Speaker. I serve on the to the people and more effective. But In reality, Members on the other side of the Committee on Economic and Edu- we hear time and time again from the aisle are jeopardizing our children's future. cational Opportunities. other side of the aisle that the States How can you guarantee the future if you Mr. DORNAN. Mr. Speaker, there is do not know how to manage their own don't take care of the children of today? problems, only the liberals here in the The new majority is cutting education so it no such thing as a former fighter pilot. Mr. CUNNINGHAM. And I still am Congress know best for what is good can give tax breaks to the rich and spend flying fighters, so there is no such for the individual States. We will hear more on defense. If the Members on the other side of the aisle thing as a former fighter pilot. it over and over again, but we feel dif- were really serious about balancing the budget Mr. Speaker, I want to comment on ferently, Mr. Speaker. to ensure the prosperity of future generations, some of the things my colleagues on I look at the State of California, and they would do it responsibly. the other side of the aisle have said. I look at how they have destroyed edu- They would not slash the programs that agree with one thing they said, there cation. One example. The liberals voted help the young, the old, the poor, and the mid- are some very, very good schools out to cut defense $177 billion. California is dle class. there. I have some of the finest schools one of the leaders in defense. We have If they truly wanted to help our kids suc- in Torrey Pines and San Dieguito, all lost a million jobs with base closures ceed, they would make an investment in edu- up and down in my particular area. and defense cuts. Ninety-three percent cation, not eliminate the support that schools They would compete with any school in of education is paid for out of the tax depend upon. the Nation. But across the board our dollars of the State. That is a million In fiscal year 1995, California received $2.5 schools are not. people. Say that half of them got jobs, billion from the Federal Government for edu- We pour billions of dollars into that probably not as good as they were in cation. but, Mr. Speaker, less than 12 percent the defense industry, but take that out November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13781 of the budget in Sacramento. How ommendation is that if education is the CBO or OMB, by people who are many jobs have we lost? our friend’s top priority, running for hired at a staff level to make these Let us take just one governmental State Senate might be a thought, be- things, but not certainly by Members regulation, meant with good intentions cause education is the priority of the of Congress. Projections that were not but ruled by extremists. The Endan- State. made, and amounts that are projected gered Species Act, and how it applies The State, the folks at home, the off of baselines that do not exist except to education. How many jobs have we parents, the teachers at home should in somebody’s imagination or in some- lost to the gnatcatcher in California? run education, yet we send 10 percent body’s mental calculations. Construction jobs. How many jobs to of the money from the Federal Govern- The fact is that, and I want to get the spotted owl, where we could not ment to our States and we insist on into this later, because I want to really even go in and cut timber that the bee- making all the rules. Well, we are, in- explore this in detail, because it seems tles had destroyed, that are totally deed, trying to cut back our costs. We to me it is impossible, Mr. Speaker, for dead trees, just to keep the industry are trying to balance our budget. If us to have the kind of debate that the surviving? How many jobs in California students want to be unhappy, I think American people deserve, that they have we lost in the tuna industry be- they should be very unhappy that we should have so that they can genuinely cause of the porpoise? How many jobs only reduced the cost in education by ferret out, make decisions for them- have we lost in the Central Valley $4 billion. Our committee started out selves about what is going on here, Water Project, that the gentleman trying to reduce it by $10 billion over 7 what is being increased, what is not from California [Mr. MILLER] sup- years. We ended up, after the Senate, being increased, what is being cut, if ported, with the farmers, or the salmon only reducing it $4 billion. This had anything, because there are some with the farmers? And over and over nothing to do with the students or things being cut, although one would again they have cut jobs. harming the students or harming edu- never know it from the kind of rhetoric Now, let us take illegal immigration, cation, this was simply a mechanism. we hear on the floor. But as long as we Mr. Speaker. We spend $1.2 million a Mr. HOKE. Mr. Speaker, if I could re- abuse language the way that language day on the school meals programs for claim my time for a minute, because is abused all the time on this floor, it illegals, because there is 800,000 K we have been talking about—and I is going to be very difficult for the through 12 illegals in the California thank the gentleman from California American people to get the informa- State system, Mr. Speaker. Let us take for his comments very much. DUKE, tion that they need in order to make half of that so they cannot dispute the thank you. decisions about their representives and numbers. That is $1.2 million a day at Excuse me, Mr. CUNNINGHAM. I was who they ought to have representing $1.90 a meal. And let us not even take admonished by the Speaker once that them. the three meals, let us just take two we should not be using first names. But Mr. Speaker, I think that at the bot- meals, 185-percent below the meals pro- we had all this talk about edu- tom of all of this, more so than any- gram. That is $1.2 million a day out of cation—— thing else, more so than anything else education. Mr. CUNNINGHAM. You can call me in this Congress, I believe that we need It takes $4,750 to educate a child K DUKE and I will call you MARTIN. to define our terms so that we are all through 12 per year, Mr. Speaker. That Mr. HOKE. Mr. Speaker, we have had speaking the same English language, so is $2 billion a year out of the education all this talk about education, and it that we are all on the same page and system, but yet we cannot get help seems to me that there are an awful lot we are not going to be arguing about from the other side of the aisle on im- of people in this Congress who could how we define words. I will get into migration reform. use an education about the use of the that more in detail. I look at the other things that cost word cut. The fact is that there really I want to yield a couple of minutes to us. We have 18,000 illegals in our prison is an opportunity to debate the prior- the gentleman from Illinois [Mr. system. When they talk about cuts, we ities that are important to this coun- WELLER], who has asked me for some are cutting the Federal bureaucracy, try in this Congress and that there time, and I see the gentleman has a bag Mr. Speaker. We are sending that may be a whole bunch of different with him. money and the extra money down to views regarding that, but we should Mr. WELLER. I do have a plastic bag, the States. The rest of the education agree on the ability to use language which I will point to in just a few sec- funding that was taken out of the Fed- and that certainly requires a little bit onds. eral Government, do my colleagues of education. Mr. Speaker, first I want to thank know what we put it in, in the commit- I have here from the Webster my friend from Ohio, Mr. HOKE, for tee, some of it against my wishes? We Merriam dictionary the definition of bringing this issue to the attention of put it in NIH for medical research, the word ‘‘cut.’’ The first one is to re- the House. I think it is extremely im- which we also feel is a national level duce in amount. That is the most wise- portant when we talk about some of interest. ly used definition of the word ‘‘cut.’’ It the changes that need to be made here I thank my good friend for letting me means to be less, to reduce in amount, in Washington. I am one of the fresh- have 5 minutes here but I wanted to set to be less in the next year than it was men, one of the new guys, and I heard the record straight. in the current year. time and time again from the voters of Mr. NORWOOD. Mr. Speaker, if the In fact, let me ask my colleagues a my district, which is the south suburbs gentleman will yield for just a second. question, if I may. Are we cutting, and part of the city of Chicago and a Mr. HOKE. Sure, go right ahead. using this definition of the word cut? lot of farm towns, about how we need Mr. NORWOOD. Mr. Speaker, I thank Are we cutting the amount of money to change how Washington works and the gentleman from Ohio [Mr. HOKE] that is being allocated to education in how we need to send representatives to and the gentleman from California [Mr. this budget? the Congress who are going to vote for CUNNINGHAM]. I wanted to join with the Mr. NORWOOD. No, we are increas- change. gentleman for just a minute, because I, ing the spending. If the gentleman will I have with me something I carry, too, serve on the Committee on Eco- yield, we are increasing the spending in just like my other colleagues do, and nomic and Educational Opportunities. education considerably. that is our voting card. This piece of Mr. Speaker, it is rather amazing What they are talking about is this plastic that has a little computer chip that Mr. CUNNINGHAM and I serve on imaginary made-up number that is in it, –I believe. We walk into the the Committee on Economic and Edu- placed out there 7 years from now that House chamber when it is time to cast cational Opportunities, and then we nobody knows what is. We are in fact, a vote, slide it in that box and push a have the gentleman from California, going to balance our budget by spend- red or green button if we are going to Mr. MILLER, and the gentlewoman from ing less than they project, but we are vote yes or no. The most important Hawaii, Mrs. MINK, on the other side of increasing the spending from 1995 con- and significant thing about this card is the aisle, and we go to the same meet- siderably. that for the last 26 years Members of ings and we do not seem to hear the Mr. HOKE. Less than was predicted the House of Representatives have used same things at all. Basically, my rec- by whom? By Federal bureaucrats at this card just like a credit care. In fact, H 13782 CONGRESSIONAL RECORD — HOUSE November 29, 1995 I labeled this voting card the world’s to say, ‘‘Mr. President, where’s the Mr. BURTON of Indiana. Mr. Speak- most expensive credit card, because for beef? Where’s the beef? Where’s your er, I want to congratulate the gen- the last 26 years, in fact, since Neil specific plan?’’ tleman from Ohio [Mr. HOKE] who is Armstrong walked on the Moon, Mem- It is time to stop governing with the chairman of our Theme Team here, bers of Congress have used this card, opinion polls and press releases. We for bringing to the attention of the their voting card, to run up a $4.9 tril- need to actually see specific plans. If body some very important facts. lion national debt. we think about it, what are the real The earned income tax credit, our Now, Mr. Speaker, when we think benefits for my State if we balance the Democrat colleagues have been saying about our own families and our own budget? Our balanced budget plan will that we are going to cut that. The fact households, we all know the pain that increase student loans, the volume of is, and the American people need to everyone feels if someone in the family student loans, by 50 percent. Medicaid know this, we are increasing it by al- uses a credit card and runs up a huge funding, which is health care for the most $6 billion over the 7-year period. debt. It is tough to pay that off. Today poor, will go up 55 percent over the The school lunch program, which we have a $4.9 trillion national debt. next 7 years. School lunch funding will they said we are going to cut, in fact is That is four times our operating budg- increase more than the President asked going to be increased by almost $2 bil- et for the Federal Government. for. Medicare spending for the average lion over the 7-year period. Student This bag that the gentleman alluded Illinoisan will go from $4,800 to $7,100 loans are going to be increased by $12 to that I brought with me has $19,000 in per senior citizen in Illinois over the billion, not a cut like they have said. play money in it. The reason that next 7 years, even while we are bal- Medicaid is going to go up by almost $19,000 is so significant is because every ancing the budget. $40 billion over the 7 years, which is person’s share of the national debt Those are real benefits, if we think contrary to what the Democrat leader- today is $19,000. So every man, woman how much money we spend shows com- ship has been telling us. Medicare is and child in the State of Illinois, my passion. But also there are some real going up by over $110 billion over the 7- year period and they have been trying home State, the land of Lincoln, if we benefits to working families and that is to scare the American seniors to death were to pay off the national debt today by eliminating the deficit, the dividend by saying that we are going to have would have to write a check for $19,000. is a reduction in interest rates. The Medicare cuts. The interest alone on that debt is $430 Federal Reserve, the Chairman of the I appreciate the gentleman for point- Federal Reserve has said if we balance a month for a family of four. That is ing this out. The American people need the budget and are no longer borrowing more than the average car payment. to know we are increasing all of these money to finance deficit spending, in- Well, Mr. Speaker, I think it is time things; we are just slowing the rate of terest rates will go down. For the aver- that we worked to address the fiscal growth, and that is going to be good for age family of four, they will save $2,800 problems of our Nation. For 26 years the country. this country has operated on deficit a year on a home mortgage. On a car Mr. HOKE. Reclaiming my time, I spending, running up a huge, huge na- loan, they would save over a thousand want to take 5 or so minutes, and then tional debt. Now it is time to balance dollars a year in interest costs for I see that my good friend from Kansas the budget, and there is a lot of bene- lower interest rates. And for students is here. But I have to say, and I thank fits for my State, as well as Ohio, and going to college, at the end of that four the gentleman from Indiana [Mr. BUR- Kansas, and Georgia, and this great years, an undergraduate student would TON] for bringing these things to the country we all live in. We have made a save about $1,900 on their student loan. attention of the Speaker, because for little progress in the last couple of Mr. Speaker, those are real savings. me it is so exasperating that we hear weeks. In fact, even Bill Clinton says USA Today highlighted the fact that the abusive language day after day now he wants to balance the budget. overwhelmingly almost every Amer- after day after day on the floor. I can The President’s agreed with the Con- ican would directly benefit from lower only believe that this is an attempt to gress that we can do it and do it in a interest rates. We have a commitment obscure the real issues, to confuse the responsible way over a period of 7 from the President to balance the American people, and to make it im- years. budget over 7 years. We know the bene- possible to really define what the dif- Now, we are still waiting to hear fits of doing that. We in the Congress ferences are in the debate. from the President regarding his spe- have put a plan on the table for the The reality is there are differences in cific plan on how he would do it and last several weeks which offers specific the debate. We really do want to zero what the fine print is. In fact, we are proposals which will balance the budg- out Goals 2000. We want to zero it out also still waiting for the Democratic et over 7 years. I think it is time for because we do not think that the Fed- leadership to see their plan to balance the President to show leadership. eral Government ought to be involved the budget over 7 years. That is why I am so disappointed he and we have a real problem with the is going to leave the country for 6 days. b 1600 kinds of mandates that are being Before he leaves, I think he should placed on local school systems. But it Conservative Democrats and the show us his plan on the table which does not have to do with money in the moderate Democrats, like Republicans, balances budget and shows us how he is sense that it is being portrayed on the believe that we can balance the budget going to do it over 7 years, and then we other side. over 7 years. They have offered a plan can work out the differences and come Mr. Speaker, I put together here, just and I give them credit for that. up with a bipartisan plan. for the edification of the Speaker, a The Republican plan, our plan, does a Mr. Speaker, I thank the gentleman graph that shows, and maybe we can lot of good things. We balance the from Ohio [Mr. HOKE] for the time and see this on television, it shows the budget over 7 years and reform welfare commend the gentleman for his leader- total Federal spending from 1995 to the by emphasizing work and family and ship in making sure that the American year 2002. We can see we have $1.53 tril- responsibility. We save our Medicare people know that the bottom line is we lion in 1995. This is according to the system from bankruptcy. In fact, we are going to provide a better economic Republican budget plan that we have are increasing funding for Medicare by future for our children, free of debt. We passed in the House that we have 50 percent over the next 7 years and we have to balance the budget. passed in the Senate and that we have are also providing tax relief to working Mr. HOKE. Reclaiming my time, I passed in conference. This is the plan families. thank the gentleman from Illinois [Mr. that is now, but for the President’s sig- The President says he does not like WELLER] for his comments and for nature, and remember the President our plan that saves Medicare and pro- bringing these things to our attention. has promised that he is going to sign vide tax relief for working families, but Mr. BURTON of Indiana. Mr. Speak- into law before December 31, 1995, he is has failed to show leadership, I believe, er, will the gentleman yield? going to sign into law a budget that by offering his alternative. Mr. HOKE. I will yield to the gen- will be in balance by the year 2002. But In the early 1980’s there was a fast tleman from Indiana for a moment, and this is what we have done. food ad where that one gal said, then I am going to open up a free-for- We have passed this with every de- ‘‘Where’s the beef?’’ I think it is time all debate. gree of detail that is necessary. We are November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13783 going from $1.53 trillion in 1995 to $1.875 be making the tough decisions about eral bureaucracy in Washington, DC. trillion in the year 2002. Obviously, not how those resources get allocated. The We believe that we should let the com- a cut if the definition of ‘‘cut’’ is to re- fact is that there is more reality to the munities continue to have say so in duce in amount. Not a cut. debate that goes on in the city councils helping students. It goes up from $1.5 trillion to $1.875 around this country, and more reality Mr. HOKE. The gentleman is com- trillion, a tremendous increase. I want to the debate that goes on in the State pletely correct. What the President to go over some of the specific areas, legislatures around this country, be- passed, or what was passed in this just as the gentleman from Indiana did. cause that is where when one person House in 1993, called for a tremendous We increased spending in education; we wins, another person loses. When one increase in direct student loans, which increase spending on school lunches; interest group gets funding, another in- essentially means that the Government we increase spending on student loans; terest group does not, because it is a got into the banking business. we increase spending on Medicaid and zero-sum game. Mr. SCARBOROUGH. Let the Depart- Medicare. We do not have a zero-sum game at ment of Education, one of the most in- We have genuine differences of opin- the Federal level of Government. We efficient bureaucracies in the Federal ion about how we ought to do that and just keep spending and spending and Government, totally monopolize it and what we ought to be doing. But it spending. It is one of the reasons that, take it out of the hands of the commu- seems to me, Mr. Speaker, that when as I say, I get so exasperated and so, nity. Because we want to empower the the American people listen to this and frankly, disgusted with the rhetoric communities, and because we want to they constantly hear this scare tactic that we hear in the body when we are increase funding for education for and abusive language that would have told that we are cutting programs that these loans 50 percent over 7 years, them believe that we are cutting when are absolutely not being cut. they are saying that we are cutting. we are, in fact, increasing spending, There are certain programs that are Now, I must admit, I did not go to that it makes it difficult, if not impos- being cut completely. The Goals 2000 in Oxford and I did not go to Yale, but the sible to make the kinds of considered, the House budget was cut out com- schools that I went to, and we did not thoughtful decisions about what their pletely; not in the conference report, it learn this new math stuff, but if we go representatives are saying, what their is not cut out. But in the House budget from $24 billion to $36 billion in student representatives believe, in order to it was. Why? Because it is an honest loans, at least in the schools I went to really know about what the future of difference regarding policy decisions in the Southeast, that was called a our country ought to be and who they that we ought to be making in the U.S. spending increase. I do not know what ought to have representing them. I House, in the Congress. We should be Rhodes scholar’s math is like, but in think that this is right at the bottom, doing these things. It is clear. But we my neck of the woods and outside of right at the foundation of the problem should not be abusing language and the Beltway, going from $24 billion to that we face in this Congress. talking about phenomenal increases in $36 billion is a spending increase. Let me talk a little bit about some of spending, in the case of Medicare, for If I could cite some quotes, because the benefits that will come from this, example, we are going from $178 billion we were just talking about Medicare, I and then the reason I wanted to have in 1995 to $289 billion in 2002. From do not think any of us could say it any the opportunity speak on my own for $4,800 per beneficiary this year to $6,700 better than what the Washington Post just a few minutes was that it seems to per beneficiary in 2002. Yet, we are said. And I see the quotes there, but let me that there is one benefit that is hearing from the other side, and we me give a couple of other Washington really rarely talked about in the Con- will hear from the President himself, Post quotes before you get into that. gress. I hope that we will have an op- that this is a cut. This came from last week by Matthew portunity to talk about some of the Mr. SCARBOROUGH. Will the gen- Miller, who used to work in the Clinton economic benefits of the balanced tleman yield on the education point? administration. budget, because it will increase job cre- What we hear time and time again is The Washington Post article, and he ation, economic development. It in- that we are cutting education and that was talking about the GOP’s proposal cludes more disposal income, real dis- we are cutting student loans, and we for Medicare, and he wrote: posal income, consumable income; are doing all of these horrible things. Though many of the President’s advisors more cars being build; construction, et The fact of the matter is that we have think the GOP premium proposal is sensible cetera, et cetera. But there is some- an honest difference of opinion on goals and believe it differs little from the Presi- dent’s own plan, the President fired sound thing we will get with a balanced budg- 2000, and whether we want a bureaucrat bites from the Oval Office yesterday taking et that we do not have today that is in Washington, DC, to decide how to the low road in ways that only Washington critically important to our future, and educate our children or not. But on pundits could recast as standing tall. that is the ability to define as a Nation student loans, there is an honest dif- For that reason, so the President what we believe Government ought to ference of opinion on how we handle could gain in the polls, the President be doing; what we believe the role of student loans. We are not cutting stu- sent home 880,000 workers saying that Government should be; what the pa- dent loans. Our student loans increase he opposed the Republican plan and he rameters of its extent in our society 50 percent. was going to shut down the Federal and in our lives are. Mr. HOKE. From $24 billion to $36 Government because of it. The way that we will do that, on an billion in 2002. economic basis, is by what we are will- Mr. SCARBOROUGH. But we do have b 1615 ing to pay for on a pay-as-you-go basis. a difference of opinion on how we get The secret is out. The President’s It is a fundamental concept. It is the money to those students to go to plan is just like the Republican plan. crystally clear and critically impor- college. Mr. HOKE. Mr. Speaker, I hope the tant. That is that we not spend more The President of the United States, secret is out. The one thing that I get than we are willing to tax ourselves swimming against the tide of history concerned about is that we hear so for. and swimming against the tide of popu- much of this rhetoric and demagoguery The problem that we have now is lar support, believes that what we and medigoguery, as the Post has said, that we do not really know as a soci- should do is take all the money for stu- and mediscare and scare tactics about ety, as a people, as an American cul- dent loan, round it all up, and bring it all these things. And we just heard it ture, what it is that our Government, to Washington, DC, in what he calls his from the other side that we are cut- what the limits of our Government Direct Student Loan Program plan, ting, cutting, cutting. I just hope and should be, because we, right now, are and give Washington, DC bureaucracies pray that the American public is not willing, and have for 25 years, spent a total monopoly. So, every time a stu- being fooled by this rhetoric. more than we have raised in revenue. dent, whether that student be in Ohio My friends at home tell me that peo- So, the point is that when we get to or in Florida, or in Kansas or anywhere ple are buying into this notion that, in this balanced budget where we are say- across this country, any time they fact, we are slashing Government, that ing we are not going to spend more want student loan money, they have to senior citizens are actually being ma- than we take in, then we are going to go crawling and kowtowing to a Fed- nipulated and exploited and being H 13784 CONGRESSIONAL RECORD — HOUSE November 29, 1995 frightened. And I have two parents a level of integrity at the Post. The it is being bottom under, where the that are Medicare beneficiaries them- Post is clearly liberal. They love gov- senior citizen, the beneficiary himself selves, that that is really what we are ernment in a way that conservatives or herself, actually has power and con- about here. never will, but there is a level of integ- trol. I get concerned that maybe we have rity at the Post that I frankly respect, In fact, if you are like me, the most sunk to such a low level of power hun- particularly on the editorial page. important aspect of our plan is the griness that we are willing to sell out They have recognized that the dema- ability for a senior to participate in a any group, claiming and scare them goguery of the President and of the medical savings account, the medisave into believing that they are somehow Democrat leadership in Congress is plan, which is an integral part of the going to suffer, that the sky is going to really shameful and should end. They Medicare reform. It is one of the Medi- fall and particularly those that are the have been very clear about this. They care Plus things. most vulnerable, of course, the senior are as exasperated as I am, as the gen- Mr. SCARBOROUGH. And the pro- citizens, to this kind of tactic. It does tleman is, and as others in this House vider service networks where physi- concern me. The truth is that we ought regarding the confusion and the obfus- cians can actually get together with to be talking about the very legitimate cation and obscuring of these issues. their patients and make the decision, and real differences between the world I think I know what the gentleman is what type of plan do we want to put views, and they are real and they are going to read. forward for the senior citizen? What is deep. They deserve to be heard and Mr. SCARBOROUGH. If I could, let the best option for them. Let us cut thought about and not obscured for the me say that the Post has been, I think, out the insurance companies. Let us American people but, in fact, made extremely responsible this entire year, cut the Federal Government. clear. even though they are more liberal Mr. HOKE. Attacked by insurance I believe that the clearer that they than—— companies, by the way. are made, the more that people will be Mr. HOKE. Even though they are the Mr. SCARBOROUGH. Just you, the attracted to them, and they will say, paper we love to hate. senior citizen, and I, the physician, will yes, I do believe in the values of lim- Mr. SCARBOROUGH. Let me read sit down and decide what is best for ited government. Yes, I do believe in this, the most important editorial, I you. And if insurance companies and if the values of family and faith and hard think, of the year: the Federal Government does not like work and education and personal re- Bill Clinton and the congressional Demo- it, too bad. We have been empowered sponsibility. And, yes, the government crats were handed an unusual chance this by this plan. should not be the institution that we year to deal constructively with the effect of Mr. HOKE. I see that my friend from Medicare on the deficit, and they blew it. Kansas has been waiting patiently to look to in our society first. It should be The chance came in the form of the congres- the institution that we look to last as sional Republican plan to balance the budget dive in and has some things that he a genuine safety net for those who over 7 years. Some other aspects of that plan wants to add to this debate. truly cannot provide for themselves. deserved to be resisted, but the Republican Mr. TIAHRT. Mr. Speaker, I am in But it should not be the first resort. It proposal to get at the deficit partly by con- agreement with what you are saying on should be the last resort. fronting the cost of Medicare deserved sup- Medicare. These are real, these are deep dif- port. The Democrats, led by the President, Mr. HOKE. What are you in disagree- ferences between the parties. But they chose instead to present themselves as Medi- ment with us about? get obscured with this language. care’s great protectors. They have shame- Mr. TIAHRT. What I would like to do lessly used the issue, demagogued on it, be- is move on to the 7-year commitment Mr. SCARBOROUGH. Mr. Speaker, if cause they think that is where the votes are the gentleman will continue to yield, and the way to derail the Republican propos- that the President has signed. one thing that he left out, when he is als generally. The President was still doing Mr. HOKE. Could I read this? This is talking about personal responsibility it this week; a Republican proposal to in- the commitment to a 7-year balanced and family and faith, all these other crease Medicare premiums was one of the budget that the President signed into things that we stand for, one thing he reasons he alleged for the veto to shut down law just last week and this was in the left out was freedom. That is what is so the government, and never mind that he continuing resolution. Here is what it great about the Medicare Program. himself, in his own budget, would coun- says. It says: The President and the tenance a similar increase. Once again, our program, at about the We have said it before; it gets more seri- Congress shall enact legislation in the same price as the President’s program, ous. If the Democrats play the Medicare card first session. When does the first ses- allows senior citizens to make the deci- and win, they will have set back for years, sion of this Congress end? sions with their physicians and their for the worst of political reasons, the very Mr. TIAHRT. We are currently in the own doctors on what their plan should cause of rational government in behalf of first session of the Congress. be instead of having a 1964 Blue Cross/ which they profess to be behaving. Mr. HOKE. And it will end on the last Blue Shield plan codified into law and Who could say it better than that? day of December 1995. run by bureaucrats. It has been shame- Again, if I could just say personally be- Mr. TIAHRT. And then we will start less how they have done it. fore wrapping up, I was extremely frus- the second session of the 104th Con- If I could just briefly quote the Wash- trated with the press coverage of this gress. So that gives us just a short ington Post from November 16 on Medi- entire Government shutdown because I amount of time to implement legisla- care, I think this is one of the most im- thought that many were trivializing it. tion that gets us on the path to a bal- portant editorials of this political sea- I said I wish one major publication anced budget by fiscal year 2002. son. would step forward and tell the truth. Mr. HOKE. Continuing the rest of Mr. HOKE. The Washington Post, The Washington Post had the this, it says that we shall enact, the they are generally on the Republican medigoguery editorial a month or two President and the Congress shall enact side; right? There are two newspapers back and did it then. They stepped for- legislation in the first session of the in Washington? The Times and the ward this time, cut through it all. Be- 104th Congress to achieve a balanced Post? cause of the influence the Post has, I budget not later than the fiscal year Mr. SCARBOROUGH. The Washing- believe this message is going to start 2002 as estimated by the Congressional ton Times obviously is a conservative sinking in. Budget Office. This is law, signed into newspaper. The Washington Post has We are not cutting Medicare. We are law by the President, passed by the long been the nemesis of, considered to saving Medicare. We are not restricting Senate, passed by the House. be a nemesis of the Republican Party senior citizens access or rights. We are Mr. TIAHRT. Mr. Speaker, the rea- and of conservative plans. But I will empowering senior citizens. We are em- son I wanted to move on to that is be- tell you by reading the Washington powering medical providers to do what cause I heard a startling statement Post the past few most months, it is is best for senior citizens and not do that came from the White House press obvious that they are even turned off what is best for bureaucrats. secretary just yesterday. by the President’s demagoguery. Mr. HOKE. And, Mr. Speaker, we are It was in response to a question that Mr. HOKE. When one reads these edi- changing the nature of the program it- a reporter asked that said, asked torials, what is obvious is that there is self so that, instead of being top down, whether or not the White House would November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13785 prefer to put off this larger budget de- There are big differences between the are trying to do here with this signed bate and instead operate on continuing President and the Congress. I suspect that agreement between the President and resolution into next year so that we those are the kinds of issues that will have Congress, but he says if there is, and I could carry out this kind of thing dur- to be settled in November 1996, but in the quote again, consequently if there is a meantime, we can avert the crisis and then ing the Presidential campaign. have our debate next year during a national shattering of expectation that leads to The response from the White House election campaign, when we should, as Amer- the conclusion that there is indeed an press secretary was, ‘‘There are big dif- icans, have that kind of debate. We can avert incapability on the part of the Govern- ferences between the President and the shutdown and get on with orderly busi- ment to ultimately redress the corro- Congress, and I suspect that those ness. sive forces of debt, I think the reaction kinds of issues will have to be settled He is talking about using continuing could quite—could be quite negative, in November of 1996.’’ resolutions, not entering into a bal- and I am fearful that were it to happen And he went on to say some other anced budget. That is why, as Mr. there would be a sharp increase in things about averting a shutdown, but WELLER said earlier, that is why the long-term interest rates. He is talking I think there is a real move to avoid a question that we raise is, What exactly about an increase in interest rates. written, signed contract with the is your budget. There are now, what is American public that this commitment Now we know, I know, from the econ- today, today is the 29th? omy in Wichita, KS, in my home dis- indicates. If you read it again, it says, b the President and Congress shall enact 1630 trict, that when interest rates dropped, legislation in the first session of the Mr. Speaker, we have got about 30 housing starts increased dramatically. 104th Congress to achieve a balanced days left before this session of this We saw expansions in both ends of budget not later than fiscal year 2002 104th Congress, this first session, ends. Wichita, a real strong economy. So as estimated by the Congressional Mr. TIAHRT. If the gentleman will here is the Chairman of the Federal Re- Budget Office. yield, I think this Congress is heading serve saying that, if we can balance the This is very important because it is a toward a second shutdown this year, budget, which the President has signed signed document. The President has and if it does occur, it will reflect that to and agreed with this Congress, if we signed this. Words mean something. I we are unable to come to an agreement can do this in fact and not have the think one thing that we have discerned that has been signed by the President. violation of a written agreement, then here with the American public, we saw It will be that he has violated his sig- he sees a drop of 2 percentage points in it with the Contract With America, nature to balance the budget in this, the interest rates, and the corollary, that words mean something, that we achieve a balanced budget, not later quote oppositely, if it does not occur, if are trying to convey to people that we than fiscal year 2002 by enacting legis- for some reason we are incapable, then are very serious about this. The Presi- lation this session, the first session of we see an increase in interest rates. dent has agreed to it. This was some- the 104th Congress. I do not think that Mr. HOKE. Let me reclaim my time thing that was confirmed in 1994 during anyone in America is going to accept a for a minute. I also see it is 4:30, and I the election. We ran on the Contract violation of this signed contract be- know we are late for a meeting that I With America. It was a signed docu- cause you know we have seen some tre- am supposed to be at, chairing as a ment that we would do things which mendous gains in our economy, and I matter of fact, and I am going to give have been accomplished by this Con- want to just quickly go over what the balance of my time to the gen- gress. every person knows in their heart, tleman from Indiana [Mr. BURTON]. But Then this year we are talking about what most businessmen practice daily, let me just read a couple of factual something that has been signed, but but it is that you must have a balanced things from a report that was just re- yet the White House is already hedging budget, and I just want to quote some- leased by the Heritage Foundation on on this signature. They are hedging on one that goes beyond myself, who came what a balanced Federal budget with this agreement, wanting to move it off out of the aerospace industry, someone tax cuts would mean to the economy. to the Presidential campaign where who is involved in the financial mar- The gross domestic product will grow they can use 20-second sound bites in- kets, and it is Alan Greenspan, who is by $10.8 billion more than under cur- stead of open and honest debate about the Federal Reserve Chairman, and I rent law. In the year 2002 we will have what is really important to the Amer- want to quote his testimony to the an additional $32 billion in real dispos- ican public. Senate Banking Committee which was able income over the period, an addi- Mr. HOKE. I could not agree with you November 27, just 2 days ago. tional $66 billion in consumption ex- more. I want to follow up on this with He said that I have no idea what the penditures, and an additional $88.2 bil- the statement from Mr. McCurry. actual proportion of the 2-percentage- Mr. Speaker, I think the gentleman point decline in long-term interest lion in real nonresidential fixed invest- from Kansas is absolutely right. I rates is that is attributed to the expec- ments, a decrease of four-tents of 1 per- think that what we are saying here is tation of a balanced budget, but it is a cent in the conventional mortgage not withstanding the fact that the significant part. He says that he be- rate, the additional construction of President of the United States, pursu- lieves interest rates will drop 2 percent 104,000 new family homes than would ant to very, very long, arduous, dif- if we can balance the budget, 2 percent, have been built otherwise, the addi- ficult, tough, detailed, grueling nego- and what that means to the average tional sales of 600,000 automobiles, and tiations between his chief of staff, Mr. household, American household, is a decrease of seven-tenths of 1 percent Panetta, the Speaker of the House, the somewhere around $2,300–$2,400 per year in the growth rate of the CPI. majority leader of the Senate, the less money, a lower interest rate on Mr. Speaker, the other thing that President himself and the minority their mortgage, lower interest rates on this study points out, and I think it leader of the House, the minority lead- their credit cards, lower interest rates points it out very clearly, and it is im- er of the Senate and the chairs of the on their student loans, on their car portant to point it out to the American Budget Committees, they worked out loans, any time-borrowed money. It people because they will hear the lit- this language, they worked and worked also means more jobs because compa- any over and over, as though it is some and worked. They fought hard over nies will have more, but he went on to kind of Sanskrit mantra, that these every single word, and these were the say subsequently, if there is a shatter- are tax cuts for the rich, in order to words that they came up with that we ing of expectations. pay for tax cuts for the rich. Well, you shall enact legislation in the first ses- Now I want to diverge here a minute. tell me when 89 percent of all of the sion of this Congress to achieve a bal- There is so much involved in expecta- $500-per-child tax credit go to middle- anced budget not later than fiscal year tions in the financial markets with class families earning below $75,000, 2002 as estimated by the Congressional just the anticipation of a balanced family households under $75,000, 89 per- Budget Office. budget. We saw the market rates soar cent, you tell me are those tax cuts for And not a week later, before the over 5,000, we saw bond, a strong bond the rich? Only 4 percent of those tax President’s signature is barely dry, his market, strong financial markets, be- cuts on the child credit go to families press secretary is saying: cause of the anticipation of what we earning above $100,000. H 13786 CONGRESSIONAL RECORD — HOUSE November 29, 1995 The other thing that I would point Bosnia, which is 180 degrees from the make no mistake about it, there will out is that, as the gentleman from In- truth. I am absolutely and unequivo- be many. All those land mines, all of diana will recall, we did in fact raise cally opposed to sending our troops to these age-old hatreds, putting our taxes on the quote so-called rich in the Bosnia, and I want to tell you, Mr. troops in between warring factions, summer of 1993. We changed the mar- Speaker, and the people who may be hoping that things will work out even ginal tax rate with a 10-percent surtax paying attention to this special order though some people who were supposed on the rich, people making a million exactly why. to be included in the negotiations have dollars or more with a 10-percent sur- I met today with the Prime Minister not yet agreed to them. As a matter of tax, so it went from 36 to 39.6 percent. of the Bosnian Moslem Republic, Mr. fact, the Bosnian Serb leaders are still Now let me ask a rhetorical question. Silajdzic, and we had a nice long talk trying to renegotiate part of the agree- If we wanted to cut taxes on the rich, with other members of the Committee ment that deals with Sarajevo and the if that is really what Republicans were on International Relations talking property around that. all about, then would it not make sense about whether or not there were perils So, Mr. Speaker, I am very concerned that we would repeal that 10-percent involved for our troops in Bosnia. I also about sending our troops. I oppose surtax? Would that not be the first had an intelligence briefing along with sending our troops. Every time I get thing that we would do? I would think members of our committee, some of more information from the intelligence that somebody that wants to cut taxes which I cannot go into here tonight be- community or from the leaders of that on the rich, it would be. Did we do cause it was a closed briefing, and it part of the world, the former Yugo- that? Is that in this plan? Is there any was an intelligence briefing, and it is slavia, I become more concerned about repeal of that 10 percent, notwithstand- not for public consumption. But the the safety of our troops and am more ing the fact that it was a stupid thing bottom line is, things that I can say convinced that this will not be a solu- to do in the first place? We should not that need to be reported to my col- tion to these age-old hatreds. have raised that tax. We should not leagues and to the American people, is The solution is to embargo products have done it because it actually—it there are 6 million land mines over that are going into the warring fac- works perversely. It does not increase there, and a number of our troops are tions, to force them to the conference revenues. It actually discourages work- going to be blown apart, or lose their table, to make them sit down and work ing, but nonetheless did we do that? arms and legs by stepping on these out an agreement without outside No, we did not do that. We clearly did mines. They cannot be detected by forces being involved because, if they not do that, and we are not going to do metal detectors, many of them, be- really reach an agreement and they that. It is a middle-class tax cut. What cause they are made out of plastic, really want peace, they are going to it does is it puts more money in the they are very cheap, and they blow off work it out and have troops there of hands, in the pockets, in the wallets the feet, and some of them jump up and their own to be a barrier between the and the purses of the men and women will blow of legs and even kill people, warring factions. To put our troops, who earn it for their families, and it is but they are designed to maim. Six and the British troops, and the British for families. million of them. They only know where troops, and other troops in between all Mr. Speaker, at this time I yield the there are about 100,000 to 1 million of these warring factions is a recipe for balance of my time to the gentleman them. That means that at least 5 mil- disaster, and I think the President is from Indiana [Mr. BURTON]. lion of them are not known where they making a very, very major mistake. Mr. BURTON of Indiana. Mr. Speak- are, so that is a real peril to our troops. I see my colleague from California er, I want to thank the gentleman from Our troops are going to be on a cor- here who shares my views. He is going Ohio [Mr. HOKE] for this special order. ridor that runs many, many, many to be taking, I believe, the next hour to I think it has been very enlightening, miles, probably from around Sarajevo talk about this issue. But I wanted to and I know many Americans watching up to Tuzla, and we are going to have make very, very clear to AP and to the it had a lot of their questions an- troops in a 21⁄2 mile wide corridor, and people across this country who may swered. they will be subject to terrorist at- have been misled by that AP story that Mr. Speaker, how much time do I tacks, a terrorist, a Bosnian Serb, a I am unalterably opposed to sending have remaining? Moslem from Iran, a number of people our troops, I think it is a tragic mis- The SPEAKER pro tempore (Mr. who are disenchanted with the peace take, I think the President is leading TAYLOR of North Carolina). The gen- accord, maybe some people who live us down the road to a real possible dis- tleman is recognized for 8 minutes. around Sarajevo who fear they are aster, and I think that the American Mr. BURTON of Indiana. That should going to lose their homes when the people ought to know there is a better be sufficient, Mr. Speaker. Bosnian Moslems return. These people way to skin this cat than putting You know one of the problems you may perpetrate a terrorist attack on American young men and women at have when you are in public life is our troops. They could put a truckload risk. sometimes you are misquoted, and yes- of dynamite, just like they did in Bei- f terday I was on CBS’ morning show rut back in the early eighties, and along with Senator MCCAIN, and I was drive it through a barrier and blow up REPORT ON RESOLUTION PROVID- on CNN ‘‘Talkback Live,’’ and last a lot of our young men and women. ING FOR CONSIDERATION OF night I was quoted on NBC News, Tom They are being put in harm’s way with H.R. 1788, THE AMTRAK REFORM Brokaw’s news report, talking about no end in sight. AND PRIVATIZATION ACT OF 1995 my opposition, unequivocal opposition, The President said they will be Mr. LINDER, from the Committee on to sending our troops to Bosnia. But brought home in 1 year, but in 1 year Rules, submitted a privileged report one of the reporters from the AP wire will we resolve this problem? After (Rept. No. 104–370) on the resolution (H. service took one line out of my state- having talked to the leaders of these Res. 284) providing for the consider- ment on CBS news which said, you various countries and these various ation of the bill (H.R. 1788) to reform know, ‘‘He’s hell-bent’’; I was referring sects over there, I am convinced that the statutes relating to Amtrak, to au- to the President, ‘‘He’s hell-bent to there is not going to be a solution to thorize appropriations for Amtrak, and send our troops there, and, if he does this. These hatreds go back hundreds of for other purposes, which was referred that, we must support them,’’ is what I years, and these people do not like to the House Calendar and ordered to meant to say, but we were running out each other at all, and it is my feeling be printed. of time, and I said ‘‘him.’’ And so they that in 1 year we will still be mired f put that on the AP wire, and it went down in this quagmire. The only dif- all over the country, and in every ference is we are probably going to COMMUNICATION FROM CHAIRMAN major newspaper in the country I was have an awful lot of our young men and OF THE COMMITTEE ON TRANS- quoted as saying, ‘‘He’s hell-bent to do women maimed or killed unneces- PORTATION AND INFRASTRUC- this, and, if he does, we must support sarily. TURE him.’’ Mr. Speaker, it made it look like I do not think anybody knows for The SPEAKER pro tempore (Mr. I was in favor of sending our troops to sure how many are going to be lost, but TAYLOR of North Carolina) laid before November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13787 the House the following communica- which I will do in a minute, he is ask- anybody very much. I think our troops tion from the chairman of the Commit- ing them to downplay the threat to our are really at risk. It is a mistake to get tee on Transportation and Infrastruc- Americans. into this quagmire. ture, which was read and, without ob- Mr. BURTON of Indiana. If the gen- Mr. DORNAN. DAN, stay with me just jection, referred to the Committee on tleman will continue to yield, the fact a minute here, because I have been to Appropriations: of the matter is we know there are Central America with you several COMMITTEE ON TRANSPORTATION hundreds, perhaps thousands, of Mos- times, we have both been to Haiti and AND INFRASTRUCTURE, lem terrorists from Iran who are in the been very concerned about what is hap- Washington, DC, November 16, 1995. Bosnia area right now. We do not know pening there. We both have taken a Hon. NEWT GINGRICH, how many. We have no idea. The fact of personal interest in the calls that are Speaker of the House, House of Representatives, the matter is that some of those people coming into our offices from families Washington, DC. were involved in such tragedies here in of men who are in active duty in Ger- DEAR NEWT: Pursuant to the provisions of many and who resented Clinton refer- the Public Buildings Act of 1959, I am trans- America as the World Trade Center mitting herewith the resolutions approved bombing. They do not like our policies, ring to them as volunteers. today by the Committee on Transportation they do not like America very much. One mother said to one of my staff- and Infrastructure. When you put troops, American ers, Sincerely, troops strung out between, say, Sara- My son is not a French legionnaire or a BUD SHUSTER, Chairman. jevo and Tuzla, that long corridor 21⁄2 mercenary, he did not join the military to There was no objection. miles wide, you are leaving them open fight under any flag, he joined and took an for an attack anyplace among that oath to defend the Constitution of the Unit- f ed States against all enemies, foreign and line. That means that you are probably domestic. WHY WE SHOULD NOT BE IN going to have, anyplace along that cor- And he did take a follow-on order BOSNIA ridor for Sarajevo to Tuzla that there that we do not take as Congressmen The Speaker pro tempore. Under the could be a bomber, there could be a NEWT would like this probably at this Speaker’s announced policy of May 12, mortar attack, there could be any kind point, that we will obey all lawful or- 1995, the gentleman from California of attack on our troops and they will ders of our commander. But it is com- [Mr. DORNAN] is recognized for 60 min- not know when it is coming. I remember when President Clinton ing down to the word ‘‘lawful.’’ utes. Because you suffered through had a number of us in the White House Mr. DORNAN. I did not realize your Mogadishu and spoke so forcefully and when we were in Mogadishu, in Soma- time was wrapping up, Mr. BURTON. I eloquently on the floor, I want to share lia. The President came up with a new just wanted to, in a colloquy with you, something with you. When I was in my policy. He said he was going to billet underscore what you said about the thirties I produced my own TV show. our troops on the tarmac at the airport targeting of Americans by people from We had, the year I started, just gotten there in Mogadishu. He said they would outside Bosnia. The MOIS, the secret state-of-the-art close-up lenses where be safe. They would be there as a secu- police of Iran, have people in all the we could go in on an ant on the set and rity measure, but they would not be in- areas in Bosnia and around there. They fill someone’s television screen at volved in any combat or other oper- are the security for shipping arms to home with that ant. Here we are, 27 ations. This was after we started na- the Moslem Bosnians through Zagreb years later, since I first started in De- tion building, we quit the food han- with the complicity, the tolerance of cember of 1967 28 years later, and we dling over there. the Croatian Government, all the way cannot call for a close-up with these up to President Franjo Tudjman. They Two days later the Aideed forces, the terrorist tribal leader over there, good Americans down in the control have targeted Americans for over a room a couple of floors below us, and it year. lobbed mortars into the exact spot where our soldiers were going to be is too bad. I think the day is going to Mr. BURTON of Indiana. And they come, just like some day we will have are having Americans killed, you billeted. That was not anything like Bosnia, yet if we had had troops in that color in the CONGRESSIONAL RECORD. might add. Mr. BURTON of Indiana. I would like area where the President said they Mr. DORNAN. Yes. for them to see this map. Now here is what adds a dimension to were going to be, and they found out Mr. DORNAN. If they can see this this today. Someone who has told me about it, there would have been many Posavina corridor that we are supposed who I trust—now this makes it hearsay of them killed. Think about that when to widen by the Dayton-Wright Patter- and puts it in the category of rumor for you talk about a corridor between Sa- son treaty, widen and enforce—— our friends in the dominant media cul- rajevo and Tuzla, 21⁄2 miles wide with Mr. BURTON of Indiana. If the Amer- ture. The liberals will go wild here, but 25,000 American troops in there. They icans could see the corridor we are sup- a meeting took place at the White could pick any spot along there, any posed to try to defend—— House, all the key players from De- time day or night, attack our troops Mr. DORNAN. Hold that steady and fense and from the State Department and kill hundreds, maybe thousands of maybe the camera here in the south- and security agencies, and Clinton them. This is a recipe for disaster. east corner of the House could come in, himself expressed concern and asked I appreciate the gentleman for yield- point with your finger—— many questions about the mujaheddin ing to me. The President should recon- Mr. BURTON of Indiana. It is going from Iran, the bad mujaheddin, just sider, and he should come clean with to run all the way this way. like we had good and bad in Afghani- the American people. If he said what Mr. DORNAN. Take it from there at stan—the Hamas, some of the groups you alleged he said to Leon Panetta, the top. The little pink strip there, be- you have named, and the secret police, you know, we do not let the Congress tween the part of Serb-held Bosnia that the terrorist secret police of Iran. He get into this thing, then he should be is against Milosevic’s Bosnia-Serbia asked about them targeting Ameri- taken to task. I do not know if he said proper and Montenegro, and this huge cans. He has known about this for a it or not. glob in the northern part of what is year. The American people need to know Bosnia, this little, tiny Posavina cor- the risks. There are going to be young ridor, 21⁄2 miles, is supposed to be ex- b 1645 women lose their legs, their arms, their panded to five. The President is purported to have eyes from these land mines, but even a Keep in mind the Israelis were prop- said, looking at Leon Panetta, my greater risk is the possibility of a ter- erly always exercised about the dis- classmate from 1976, ‘‘Do not let the rorist attack from possibly Bosnian tance from the furthest west point of Congress get fired up on this. Down- Serbs who are going to be upset about the West Bank, Judea, from Natanya, play this when you talk to the Con- losing their homes and the problems by the sea, was 18 miles. They say that gressmen and the Senators.’’ around Sarajevo, or possibly Moslem is an artillery-lobbed shell. This is 21⁄2. In other words, instead of telling the terrorist from Iran. There are a num- Our men—— American people the danger that we ber of people who do not like what is Mr. BURTON of Indiana. You have are in, and, to quote his own words going on over there. They do not like been in the military you might tell our H 13788 CONGRESSIONAL RECORD — HOUSE November 29, 1995 colleagues how far a mortar will go, transcriptions. Durant told me the last Mr. BURTON of Indiana. He was the how far they can stay back from that thing Gordon or Shughart said to him dictator and tribal terrorist over there 21⁄2-mile-wide corridor to hit American was ‘‘Good luck, pal. I hope you make that was responsible for that. troops if they wanted to lob something it.’’ Went around the front of the heli- Mr. DORNAN. Another Fidel Castro, in there. copter, heard him take a couple of another General Jopp, another Mr. DORNAN. The mortars that hit shots, heard him grunt with pain. Aristide, the same mold, all of them. the marketplace in Tuzla when I was in Hopefully they died with the rifle shots He said Clinton told him, ‘‘I did not Zagreb the 28th of August, and threw as the crowd overwhelmed the heli- know about that operation.’’ bodies every which way, killed 60 or 70 copter and captured Durant. Mr. BURTON of Indiana. If the gen- people and maimed 150; when I look at Durant told me another man was tleman will yield, that is a ludicrous that ‘‘maimed,’’ I always think ‘‘Who lying on the ground, and I will not give statement for anybody to make, be- is blind? Who has no legs there? Who his name because of his parents, and he cause the administration had their lost all their fingers there?’’ We always was taken alive with Durant. They Ambassador over there, negotiating put the death toll in bigger caps than beat him to death. Then they began to with Aideed during a lot of this stuff the maimed. That is lives changed for- so abuse their bodies that now that it that was going on. They knew entirely, ever. A person will never earn the same is 2 years and 2 months later, a former from intelligence sources, what was income. Those mortars could be 5 or 10 Congressman said to me tonight, ‘‘Con- going on. It is absolutely unbelievable miles from the corridor and lob these gressman, these men are owned by that they would make a statement like shells into the corridor. America. Why don’t you tell the coun- that. Mr. BURTON of Indiana. The point is try what happened to them?’’ Let me just add one more thing. they could get within a half a mile and I will not, but I will go further than Mr. DORNAN. It is Clinton making be more accurately targeted in. That is I have ever gone before. These five the statement to the father of a dead, the problem. men, including the two that won the murdered, Medal of Honor winner. Mr. DORNAN. I wish almost, like in Medal of Honor and including Randy Mr. BURTON of Indiana. I just can- every television show, we had a mon- Shughart’s picture you have there, not believe that is the case. The Presi- itor buried in the table here so we they did not just mutilate their bodies dent said in his speech—— could see. I don’t know how close they and drag them through the streets and Mr. DORNAN. He meant the oper- can come in on this picture, but I am stick rifles and poles into every bodily ation, taking Aideed down to Addis going to walk over there and give it to orifice, including their mouths, and Abbaba. you so you can look at this handsome have women and children dance upon Mr. BURTON of Indiana. The Presi- young American soldier’s face, First them in the streets for Canadian dent said, ‘‘I take full responsibility for Sergeant Randall Shughart. I visited Broadcasting, the guy won a Pulitzer whatever might happen over there.’’ his grave 2 weeks ago in Carlisle, PA. Prize for his video and film coverage, The fact of the matter is he should His parents sent me this picture be- Paul something, they cut their arms take full responsibility for what hap- off the bodies. We never got those cause they did not like the standard pened in Mogadishu to those men who limbs back. They dumped their burned Army picture. They said, ‘‘This is more got killed. They did not send proper remains on the steps of the United Na- what Randy looked like when he was equipment there, they did not send M– tion every 2 days until we had gotten helping us on the farm.’’ I am sure that 1 A–1 tanks, they did not send Bradley back—— armored vehicles. He knew they should as close as they can get, it is just a Mr. BURTON of Indiana. If I may in- have sent those over there. The men color picture of a handsome young fel- terrupt, that was never reported to the low with a closely cropped beard and a American people? trapped there, they did not get to them cowboy hat, in his barn. Take a look at Mr. DORNAN. Never. Look at in that little town for 40 or 50 minutes this while I tell you this story. Randy’s handsome face, and he was because they could not get through the Randy Shughart, together with Gary born in Lincoln, NE. I showed this to crowds. Gordon, begged the headquarters at our Medal of Honor winner, the Sen- Mr. DORNAN. Eleven and one-half Mogadishu International Airport to let ator from Nebraska, BOB KERREY, and hours before they relieved the Rangers. them go down and disembark from he started at him intently, and I said, Mr. BURTON of Indiana. The fact of their helicopter, because they could see ‘‘This guy is from Lincoln.’’ And he the matter is we lost some of those movement in the cockpit of Michael said, ‘‘Are you sure?’’ and I said yes, I men because we did not get there quick Durant’s crashed Blackhawk heli- thought he was buried there. And then enough. copter. Three times they were told no. the Army told me where, so I went to Mr. DORNAN. Four or five died dur- They were, in a sense, because they his grave, because the week before ing the night. knew the odds, begging to die for their when I was at a presidential forum in Mr. BURTON of Indiana. The fact of friends. St. John the Evangelist 15:13, Bangor, ME, and I had asked where the the matter is we are going to lose more ‘‘Greater love no man has than he died other Lincoln was, in Lincoln, ME, young men and women, many more for his friends.’’ where Gary Gordon is from. ‘‘Two times, 40 or 50 more times in Bosnia. I They saved Durant. Durant hugging Young Men from Lincoln’’ is the story think the President is making a ter- me, and both of us crying, told me that I would like to write. rible mistake. he owes his life to Randy Shughart and They said, ‘‘50 minutes north of Mr. SCARBBOROUGH. Will the gen- Gary Gordon. All four men had spine here,’’ and I took my son and drove up tleman yield? injuries when that helicopter made a this first week of November to Gary Mr. DORNAN. I yield to the gen- hard landing. The helicopter that he Gordon’s grave. I said to Mark, ‘‘I want tleman from Florida. disembarked took a direct hit of a to see Randy Shughart’s grave.’’ His Mr. SCARBOROUGH. I thank the rocket-propelled grenade and blew out dad, that man there, his father is the gentleman from California for yielding, one of the door posts and tore the leg one who refused to shake Clinton’s and thank him for all of his service on right off one of the door gunners. hand in the East Ballroom of the White the Committee on National Security, I talked to the young Corporal Hall House, and BOB KERREY, Senator, told where we have worked together. I cer- who jumped in and took over the door me he was at this ceremony and re- tainly appreciate the comments you gun, and they flew back to Newport members it vividly. I said, ‘‘How is it have made about the horrible treat- and crashed the helicopter, totaling it BOB, the press never reported that ment that American soldiers have to out. So that day we lost Wolcott’s heli- story, that it only came out on talk go through, and humanizing this proc- copter, Cliff Wolcott, killing him and radio?’’ ess. his pilot, and then we lost this one, Mr. Shughart, a basic American Let me tell you something that real- Durant’s, and then we lost that one to farmer type, retired in Carlisle near his ly has disturbed me during this debate. a total accident after they were out of son’s grave. He told me that he said to There have been three falsehoods. The it. Clinton, ‘‘Why did you fly Aideed down first is that we should blindly fall in They held off for about 30 minutes. I to Addis Abbaba days after this people line behind our Commander in Chief, have asked the Army for their last killed and multilated my son’s body?’’ regardless of what he suggests. We November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13789 should send out troops, whether we The fact of the matter is, there is no died, and it set up Stalin and Lenin and know if there is a vital American inter- vital American interest. The Secretary communism where 100 million more est, a time line, or all of the things we of Defense admitted as much, and it died, including China. need to make this successful. was in Time magazine, that there is Mr. BURTON of Indiana. And your I remember back in the mid-1990’s, not a vital American interest. But dad was there. before I was in Congress, and you were what is disturbing to me is, now we are Mr. DORNAN. I do not have but one here, maybe you can expand on this in seeing people saying, well, maybe, studio photograph of my father from a minute or two, just to remind Ameri- since we are beyond the cold war, World War I. cans that there can be a loyal opposi- maybe we do not need a vital American A gentleman called me from North tion. I remember when we were trying interest. Carolina last fall and said, ‘‘I bought to remove Communists, when Ronald I hear that we have a volunteer for 100 bucks in a garage sale a bunch Reagan was trying to remove Com- army. You notice that is what they are of postcards from World War I.’’ He munists from Central America, there saying. It is a volunteer army, they asked my staff, ‘‘Does the Congressman were actually Members of this body signed up for this, so we can send them have a father who was a lieutenant in that wrote Communist leader Ortega in off. It does not matter whether there is World War I?’’ Yes. I called him back. Nicaragua and apologized for our sup- a vital American interest, and we Send me the photograph. port of the freedom fighters. These spend all of this money on the mili- He sends it, and it is a photograph of same people tell us that we cannot tary, so let us use our military. That is my dad with about 15 French children even debate this openly, so America obscene. and another young captain. My dad had can decide whether they want young Mr. BURTON of Indiana. Mr. Speak- suffered poison gas, mustard gas twice, American men and women killed in er, it is. shrapnel in his face under his eye, Bosnia? Mr. SCARBOROUGH. That is why I three-wound chevrons turned into Pur- Let us make no mistake of it, we thank the gentleman from California ple Hearts in a ceremony that I wit- have sat through the briefings on the and the gentleman from Indiana for nessed in the Seventh Armory in New Committee on National Security. Ev- talking about the harsh realities of York. erybody that comes in says, ‘‘Young war. If my dad were still alive, he went to Americans will die if they go to Bosnia Does it mean that Americans are his reward in 1975 at 83 years of age, he and get involved in a civil war that has gun-shy and that we do not believe would be saying to me, in the last 4 been raging for over 500 years.’’ What that any American troops should ever years of the bloodiest century in all of have we kept asking? We have kept be sent into harm’s way? No. But is it history, ‘‘We are going back to the saying, ‘‘What is the vital American in- asking too much to say, let there be a hills around Sarajevo where this kill- terest?’’ vital American interest so when the ing started?’’ b 1700 President of the United States picks up Now I want to show you both some- They have set up straw men and tried the phone and calls a parent and says, thing. I am going to read the text while to knock them down, saying that if we your son was just blown apart in DAN looks at this and then he gives it did not get involved that somehow our Bosnia, but he did it for a good reason. to you. I have been on the French Em- credibility in NATO would be greatly He did it because, and that is where bassy for months to get photographs of diminished. That is a joke. The fact of they start to fade out. Because, maybe the two French pilots in a double seat the matter is, we are NATO. We have the NATO people will feel better be- Mirage 2000 that were shot down while protected NATO countries for a genera- cause we have sacrificed, had human I am at Aviano greeting our pilots back tion from the threat of communism, sacrifices in Bosnia. on August 30. and we will continue. I do not want to trivialize this point, They said, ‘‘Uh-oh, we have lost an Mr. DORNAN. A generation and a but it is so central to this argument, airplane.’’ My heart starts pounding. Is half. we have to define what a vital Amer- this guy going to be as lucky as young Mr. SCARBOROUGH. A generation ican interest is. Captain Scott O’Grady? Is he coming and a half. We are NATO. So that is a We have head the Secretary of De- down on our side of the line like a Brit- straw man. fense, we have heard the Secretary of ish Harrier pilot 2 years earlier? Is he Then they talk about it expanding State, we have heard General going to come down into Serb hands? and starting World War III. I heard the Shalikashvili, we have heard a lot of Then they come in. I was talking to Vice President make that statement. good military men and women come my wife on the phone. You cannot talk That is blatantly false. It will not ex- before our Committee on National Se- on the phone, but it is a French air- pand. The testimony that we have curity, and all have failed to state that plane. We take a two-seater. Then we heard in the Committee on National vital American interest. I do not fault hear there were good shoots. I am sup- Security clearly shows that that will them; I fault the Commander in Chief. posed to greet the squadron com- not happen. Mr. DORNAN. Let my good colleague mander. He bends around in the air, I yield to the gentleman from Indi- from Florida pause for a moment while goes back to the tanker and goes back ana. I show the gentleman from Indiana to cover him. Mr. BURTON of Indiana. Let me just [Mr. BURTON] and the gentleman from On the evening news here you saw say that I remember when the other Florida [Mr. SCARBOROUGH] another their two good parachutes come down. side, when we were in Vietnam, and photograph, and a series of photo- That was August 30. Fifty-two days they were talking about the domino graphs starting on the cover of Paris later, an indicted war criminal indicted theory, they pooh-poohed that. Of Match magazine that you are not going at The Hague in the Netherlands by an course, now the same people who are to forget. I guarantee you that you will international war crimes tribunal, doing that are saying, oh, my gosh, be bringing this up at town hall meet- Radovan Karadvic, says, ‘‘Oh, the two this may be a world war. The fact of ings. French pilots were kidnapped from the the matter is, this war is not going to First of all, I hand to Mr. BURTON a hospital. What were they doing in a spread unless everybody decides that picture from a war that has great per- hospital 52 days after? They had good they want to let it spread. sonal significance for me that started parachutes.’’ Mr. SCARBOROUGH. Is it not ironic in Sarajevo, Bosnia and Herzegovina, I am about to show you their pictures that the very same people during the on June 28, 1914, when a Bosnian Serb the day of capture. Vietnam war that were protesting in murdered Archduke Ferdinand and his The French embassy calls me about the streets and on campuses across this wife, Carlotta, the heir to the throne of Frederique Chiffot, C-H-I-F-F-O-T. I country were saying, we cannot be the the Austro-Hungarian empire, and misspelled it when I said it on the floor world’s policeman. These are the same changed Europe for this whole century last. The other one is Souvignet, Jose, people, 30 years later, who are saying, and began the bloodiest war in its J-O-S-E. Let me spell his name, S-O-U- let us sacrifice young Americans be- time, 11 million killed, the flower of V-I-G-N-E-T. These two pilots are in cause it will make us feel good about European youth, and it set us up for captivity here. One of them looks like ourselves. World War II where 55 to 60 million he has a sprained ankle, no cuts on H 13790 CONGRESSIONAL RECORD — HOUSE November 29, 1995 their faces. The French Foreign Min- Mr. Speaker, this administration has He says, we are going to end the suf- ister thinks that they have been mur- a history of blunders in foreign policy fering. How much money are we pour- dered, beaten to death. decisions. Haiti, we are now finding ing into that area with airlift and sea- When Karadzic says they were kid- out, is costing us hundreds of millions lift? You men should walk through the napped he says, maybe by Moslems; of dollars, and all hell is breaking loose hospital at Zagreb at the airport. You Moslems would not do that, not with down there. There are a lot of political should look at the U.N. facilities and the support we are giving them; and he killings that have been instigated in the U.N. personnel there who are all said, or by some band of a rogue brig- part by Aristide’s own rhetoric. He is overpaid, and every nickel they get is ands for a hostage reward. There has now saying he may not leave power, tax-free, all the bureaucrats. been no asking for money. and he is using almost $2 million of Mr. BURTON of Indiana. Let me just Look at these pictures. Look at this American taxpayers’ money to lobby say, he said he is going to end the suf- man’s face. The lieutenant, probably Congress for more money. fering and we are going to be there 1 the back-seater; well, not necessarily, We have Mogadishu and Somalia and year. In 1 year we are going to be in maybe the captain was the back-seat the tragedies that occurred there, and and out, we are going to end the suffer- radar intercept officer. Turn the page. now we are going to do the same thing ing, and this is a civil war, civil strife Look at how, like our pilots first cap- or worse in Bosnia? It makes no sense. that has been going on, as you said, for tured in Vietnam, he is making this This administration needs to get a 500 years or more. I am telling you, you mean grimace into the camera like, I foreign policy compass. They need to are not going to change these people’s am resisting and I am okay. They are get some direction in their foreign pol- attitudes, take away their homes and mature men. They are in their mid 30’s, icy, get some experts up there that give them to somebody else, solve all you can tell. know what they are doing and know of these problems in a year and make Why at Dayton, at Wright Patterson, what they are getting us into. this country whole. It is just not going did not somebody say to Milosevic, by Mr. DORNAN. But where was Clinton to happen. the way, all of this is predicated upon this morning? Speaking to the British Mr. SCARBOROUGH. To expand on the return of these two French allied Parliament, instead of over here coun- that briefly, getting back to the testi- pilots who are our friends and com- seling with us and figuring out how we mony we heard from the Committee on rades in arms? The whole deal is off, can contribute to this. National Security, and I am sure you and here we are on day 82, 30 days after Now, let me bounce off of both of you were there. When a retired U.N. general they announced they were kidnapped my notes from Clinton’s remarks on from Canada talked to us about the from a hospital that they should not Monday night. folly that you were just talking about, have been in, and that could be two First of all, he did take you on with about us believing that we can send in Americans in a heartbeat. that first question of yours and me. Be- one division in 1 year and bring peace Mr. BURTON of Indiana. BOB, it is cause I put 50 questions to him in the to Bosnia for the 21st century, he said probably going to be more than two. CONGRESSIONAL RECORD just yesterday that he was responsible for surveying We are going to have 25,000 there, plus and put in the Cap Weinberger-Bob the crimes against humanity, being a monitor for what the Serbs did. support troops, in that 21⁄2-mile-wide Dornan principles, the 10 things that One morning he was on the roadside corridor, and they will be able to at- you must satisfy before you put men, and had to go out and look at a slaugh- tack at any point along that corridor, and now, thanks to Les Aspin, women, ter. The Serbs had slaughtered Moslem at any time, day or night, with mor- in harm’s way. children, they had slaughtered women, tars, land mines, or they can use a ter- He said, this is Central Europe. It is had slaughtered elderly people. As he rorist attack with a truck bomb. I am vital to our national interests. So he was looking at, surveying the scene, a telling you, you are probably going to used the word. He said so. Serb came up to him and he said, well, see, and I hope I am wrong, but you are This House, by a vote of 243 to 171 it serves them right. And the U.N. gen- probably going to see a lot more Amer- says no, and it shows you that if there eral turned and said, it serves them icans than two or three. is ever a constitutional power that right for what? And the Serb re- Mr. DORNAN. Look at the faces of does not involve the purse, the Presi- sponded, it serves them right for what the Serb fighters there. How old do you dent can send people anywhere in this they did to us in 1473. think they are? world. Wilson asked for a declaration of Mr. BURTON of Indiana. In 1473. Mr. BURTON of Indiana. They are Mr. SCARBOROUGH. And then the war. So did Roosevelt. But Harry Tru- probably in their 20’s and 30’s. general was silent for a moment, and man got into Korea and did not know Mr. DORNAN. And some in their 40’s. he looked at the committee. A smile how to get out and it cost him his Pres- Are they tough-looking, warrior-class went across his face, and he said, and idency. people? you Americans believe that you can LBJ, thanks to Kennedy, got into Mr. BURTON of Indiana. Oh, of send in one division for 1 year and Vietnam, did not know how to extract course. make a difference? You are kidding Mr. DORNAN. Have you ever seen himself, threw his hands up on March yourselves. You had better stay out. tougher looking guys in your life? 31, 1968, and said, I am out of here. I That comes from a man who had been Mr. SCARBOROUGH. I saw a 60-year- will serve out and try and conduct the there a lot longer than anybody in the old gentleman in Sarajevo, a Serb, with war. He did not do anything except administration and who understands it an assault rifle on the evening news keep a bombing pause on for all of 1968 a lot better than anybody serving in saying, I will kill anybody that comes that he made even more severe to try this administration. in here to protect my family. We are and throw the election to Humphrey getting involved in a three-way civil and destroyed his Presidency. b 1715 war that we cannot begin to fathom, Listen to what Clinton says. They, Mr. BURTON of Indiana. Let me just the emotions and the hatred. It is just that is you, Mr. SCARBOROUGH, Mr. say one thing, there is an old state- like Mogadishu that you talked about BURTON, and me, and a majority of this ment, ‘‘Those that don’t profit from before. House and Senate, they argue America history are destined to make the same We are going even beyond the origi- can now step back. As young people mistakes over and over and over nal U.N. charter where we were only would say, excuse me. Step back? We again.’’ This administration in its for- supposed to get involved when the sov- have almost 500 men in Macedonia. We eign policy decisions has not looked at ereign state was attacked. Why are we have air power, sea power. We lost that history. They do not have the under- putting Americans in the middle of a French airplane and lucked out with pinning, the background necessary to three-way civil war with what you our American air crew. We threw 90 be making these decisions. Yet they talked about, war-hardened criminals, percent of the strikes that cost those are going right ahead, hell-bent for for the most part, that will kill Ameri- two Frenchmen 82 days of freedom. leather, making these decisions, put- cans as soon as look at them? Please, God, that they are still alive ting our young people in harm’s way. Mr. BURTON of Indiana. Let me just and being moved from village to vil- Mr. SCARBOROUGH. The irony is, I say something here. lage. know this is sort of the electrified November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13791 third realm, we do not want to get into South China Sea meant sharks, pi- it now. It is our responsibility. Because it because he is our President, our rates, and the death of 750,000 people, once those young men and women get Commander in Chief. I will just talk 68,000 who worked with us executed. in Bosnia, at that point I shut my about the administration generally. And always the one order, the one mouth, I follow the Commander in The irony is that the people that are order from Ho Chi Minh that they pur- Chief. I will not do what Members of sitting in this administration now are sued even after he died in September this Congress did in the 1960’s and play the same people 20 years ago, 30 years 1969 was kill Americans. politics with the lives of American ago protesting the Vietnam war. Not Are they thinking that when Hai- troops. only have they not learned from Euro- tians that we talked about on the So now is the time that we have to pean history, they have not learned the docks were jumping up and down and voice our opposition to this, because lessons of Vietnam that they taught saying, ‘‘We’re going to give you Soma- once the President makes that move, the country: that unless the American lia,’’ at the end of October, referring to and I can only speak for myself, at that people are solidly behind a military ac- the man who was killed on the 6th, point I believe we as a country fall in tion, and unless there is an immediate Matt Rearson, they had a dud land at line behind the Commander in Chief if vital interest, we do not get involved in the feet, 5 feet away from a two-star he chooses to do that. But until that other people’s civil wars. General Garrison. He told me about it time comes, I think we need to point I thought that is what the Vietnam himself. The 18 Rangers and helicopter out that this is the most misguided for- protests were about. I thought that is pilots and Delta commandos like eign policy decision not only that this what the President and many others in Randy Shugart and Gary Gordon, they administration has made but any ad- good conscience protested about during are yelling about this on the docks of ministration in this country has made the Vietnam war, that this was not our Haiti, 10, 12 days later, and turned since Vietnam. We have to do all we war, that there was not a direct Amer- around the Norton Sound. can to draw the line in the sand and ican interest, that America had to Do you not think that these people in tell the President, do not send young leave that civil war to Vietnam. Sarajevo who have constant TV, CNN, Americans. If they wanted to protest that 25, 30 probably watch some of our C–SPAN I already have men and women from years ago, I am not going to second- debates, are not aware that the key to my district over there. I have NAS guess them or challenge them. That get Clinton to bug out is Clinton’s next Pensacola, Eglin Air Force Base, Ho- was their right. But why are these words? ‘‘We must expect casualties,’’ bart Field. I have got a lot of other same people 30 yeas ago who were tell- he said. bases. ing us that we cannot be policemen of Of all people, who is he to say that? These are not just the military. It is the world and get involved in other Mr. BURTON of Indiana. Let me just not abstract terms. We are talking people’s conflicts, why are these same say on the front page of the New York about men and women and the children people, now that they are in charge 30 Times this week they quoted a gen- of people I know, and also my own years later, asking us to do the same tleman from Sarajevo who lives, one of peers who have children that go to exact thing? the 60,000 Bosnian Serbs that live school with my 7-year-old boy in Pen- Mr. DORNAN. Try just 26 years ago, around Sarajevo, and he said, ‘‘What sacola, FL, talking about how their fa- this very week. Clinton himself, ditch- you’re going to see is what you saw in ther is going to be going to Bosnia. We ing class at Oxford, left for Oslo, Somalia when you saw that American are talking about killing real people. Stockholm, Helsinki, Leningrad, 21⁄2 dragged through the streets dead.’’ Mr. BURTON of Indiana. Human days in Moscow, in Prague, on a tour to Another lady who lives in one of beings. Real people. The gentleman has help secure victory for Hanoi. It had those suburbs said, ‘‘I’ll kill myself and said it very well. I do not think any- nothing to do with peace or ending the my kids before I’ll let them take over body could have said it better. war in some sort of neutrality respect- my home and my property here.’’ And The fact of the matter is that I think ing the DMZ at the 17th parallel. It was those people are going to be coming everybody in this Chamber, once our to secure a victory for Hanoi. back. I am telling you, when people say troops are on the ground, are going to Here is an article in the current In- that they will even kill themselves and say, ‘‘Hey, we didn’t want them there. sight magazine, the one that has NEWT their kids, what do you think they are They shouldn’t be there, but they’re on the cover. It says, ‘‘McNamara met going to do to somebody else who tries there and we’re going to support our the enemy and it turned out to be to take their property? American young men and women who him.’’ On Bosnia, ‘‘There is a chilling Mr. SCARBOROUGH. If the gen- are over there to do a job.’’ McNamara-like rhetoric’’ coming from tleman will yield, once again drawing But the fact of the matter is, I will administration people. ‘‘Perry’s asser- comparisons between Bosnia and Viet- be supporting our troops, but I cer- tion,’’ Secretary of defense Perry, ‘‘is nam, I remember after the war was tainly will not be supporting this the same guff that McNamara tossed over listening to the words of the gen- President and this policy that he has off during Vietnam.’’ erals for North Vietnam. They said adopted because I think it is going to It says, ‘‘Only industrial strength ar- ‘‘We knew we could not win the war in get a lot of them killed. rogance can account for Robert the jungles of Vietnam, but we knew Mr. SCARBOROUGH. What frightens Strange McNamara’s visit to Hanoi on we would win this war on the streets me is this: The fact of the matter is Veterans Day. The former defense sec- and the college campuses of America.’’ that this has been a very emotional de- retary at least is unchanging in the Mr. DORNAN. In the Halls of the cision by this administration and it lack of sensibility that characterized Congress. has been a decision based, I believe, on his Pentagon tenure during the Viet- Mr. SCARBOROUGH. ‘‘That is why emotion. nam War.’’ we kept fighting.’’ The same thing is Because I watch TV. I talked about This is the man, McNamara, that going to happen now. That is why the my 7-year-old boy. I saw on ABC News said that we cannot use college men in Weinberger doctrine, which the gentle- several months back a young 7-year-old the Vietnam struggle; they are our fu- men from California [Mr. DORNAN] also Muslim boy was blown off his bicycle, ture. Clinton told his draft board, ‘‘I’m worked on, that is why one of the key and the boy was screaming and crying, too educated to go.’’ components was support from the and it looked just like my son. He said, Now we have, just as you pointed out, American people. We have to have a ‘‘Please don’t cut off my leg. Don’t cut JOE, the very same people making sure campaign that Americans support. It is off my leg.’’ And the ABC reporter said Clinton does not make any reference to the President’s responsibility to step ‘‘Well, the 7-year-old boy’s leg was not Vietnam in his speeches about suffer- forward and explain what the vital cut off but he did die 3 hours later.’’ ing, I am looking at my notes again American interest is. That hit me, and I said I know what from Monday night, he says 250,000 peo- Let me just say this. I will tell you the President has to be saying at ple have been killed. In Cambodia it this. A lot of people will say, ‘‘Well, times. We have got to do something. was 2 million, 8 times that. why are you all talking about Bosnia We have got to stop the killing. That is He says 2 million are on the road. in such strident terms,’’ and I will tell what my immediate response is, and They are alive. Because the road in the you, this is my feeling. We have to do that is what a lot of Americans think. H 13792 CONGRESSIONAL RECORD — HOUSE November 29, 1995

But then you step back and you ‘‘As one soldier, Borislav Herak, SAM BROWNBACK 2 minutes, MARK SAN- think through this process, and you are would later confess, he visited Sonja’s FORD of South Carolina 2 minutes, and not run totally by emotion, and you several times a week, raping many of JACK METCALF 4 minutes, and that say, ‘‘Wait a second, it won’t be young the 70 females present and killing two ought to do it. Then on to CYNTHIA. Bosnians that we are going to be seeing of them’’ because he felt like it. I yield to the gentleman from Ohio killed and TV 2 months from now, 3 Then I go down to Haiti and I see [Mr. CHABOT]. months from now, if we go over there. white U.N. vehicles, this wonderful b 1730 It is going to be young Americans.’’ dream that grew out of the League of We better make sure that it is a Nations in my father’s war, see white Mr. CHABOT. I thank the gentleman cause worth dying for, to make sure we U.N. vehicles lined up at the houses of for yielding. I thank the gentleman for do not repeat the same mistakes we prostitution in Haiti, and wondered using the French pronunciation of my made in Somalia, where we made an why the United Nations is so name, which I do not hear very often. emotional decision to go over there. disrespected. Well, here is what we are Thank you very much. Then Americans were slaughtered, doing, and these figures come from the I have been listening to the argu- drug through the streets. Americans U.N. peacekeeping ops office up in New ments and points made by my col- then made an emotional decision to York. leagues here. I think they made some bring them back. Let us not make that At this time, when Clinton says we very good, some very persuasive argu- mistake again. Let us not base it on are going to pull back, we have 2,267 ments. emotion. Let us base it on sound for- people in Haiti. I would just like to reiterate some of eign policy. I did not know we had 30 in the west- the things they have made and make Mr. BURTON of Indiana. Let me just ern Sahara. The gentleman from Indi- some new ones myself. say one thing about Somalia. When ana [Mr. BURTON] is the African expert. First, I think it is important for us President Bush sent our troops over I did not know that. The part of Africa to always remember that these people there initially, it was to feed the hun- that Morocco has taken over. In Mac- in that very, very dangerous area of gry masses, and those people welcomed edonia we have 494. When I was there it the world have been fighting with each us with open arms and treated our was 530. other for centuries now, for hundreds troops very well. It was not until Presi- We already have 3 in Bosnia, an ad- of years. They have been battling each dent Clinton made the decision to get vance team is arriving as we speak in other, and, unfortunately, our Presi- into nation-building, which is what he Tuzla, where that rocket hit on August dent is now talking about and pushing is leading us into in Bosnia, that we 28 when I was up in Zagreb, could not forward with a plan which will put started losing troops and ended up hav- believe the imagery on the news that young Americans, both men and ing to pull out of there and leaving night. We have 361 already in Croatia. women, on the ground in Bosnia right that dictator Aideed back in power. I do not know if that includes all the in the middle of that bloody mess. I am Mr. SCARBOROUGH. This is what is hospital people. very concerned that, rather than fight- so frightening. I have heard testimony We have four in ex-Soviet Georgia. ing and shooting at each other, in the again before the Committee on Na- What kind of a Christmas are they very near future they are going to be tional Security and I actually had going to have? We have 15 still on the shooting at Americans, and I hope and somebody with a straight face tell me, Iraqi-Kuwaiti border, and 11 in Jerusa- I pray that I am wrong. But I am very from the administration, that we need- lem. Grand total, 3,185. concerned that many, many Americans ed to go into Bosnia to, quote, reknit And not spending Christmas with are going to come back to the shores of the fabric of the Bosnian society, close their families will be 17,000 support this country in body bags. quote. troops all around Bosnia that are there There are many other dangers be- That, my friend, is extremely fright- now, air power, sea power, airlift, sea sides the snipers and rogue Serbs or ening. It is extremely naive, and it is lift, hospitals, intelligence, more than rogue folks on either side lobbing mor- going to be young Americans’ blood they know how to use, and Clinton has tars, mortar shells, artillery shells into that will be spilled because of that the gall to say we are pulling back and our U.S. troops. There are 6 million naive view of geopolitical realities. mines in Bosnia. Many of those mines, Mr. DORNAN. Mr. Speaker, some of not helping, and we are going to close nobody has a clue as to where they are the members of the dynamic freshman out this century with American kids at. People can be out on a routine pa- class of the gentleman from Florida dead in the tinderbox of the Balkans? trol just walking down the street and [Mr. SCARBOROUGH] have joined us. Let me share some time, and thank I want to put one set of figures into you for staying, DAN. I really appre- could very easily set off a mine, could be mangled and mutilated or killed, the RECORD and make one comment, ciate it. My wife is calling me all day because Clinton at least heeded the long, why are you discussing all these and I am very concerned we are going warnings of this Congress not to put mundane things, when for the first to lost a lot of people to those very le- our men and women under the United time in American history a leader is thal instruments. That is the 6 million Nations. I would ask people to please saying not ‘‘They will be home by estimated mines there are throughout save their Reader’s Digest. I will put Christmas’’ but saying ‘‘I think we can the Bosnian area. this in the RECORD following our re- have them all in place by Christmas.’’ In addition, I think we really have to marks, Dale Van Atta’s article com- The opposite of MacArthur, of Truman. recognize that, whereas the Serbs have missioned by Reader’s Digest on ‘‘The I have never heard of such a thing in certainly been the most aggressive and Folly of U.N. Peacekeeping.’’ It begins my life. have performed the most atrocious acts thusly. Here is the way I want to allocate and have killed the most innocent peo- ‘‘Sonja’s Kon-Tiki Cafe is a notorious some time. Mr. Speaker, how much ple, that none of the parties really Serbian watering hole 6 miles north of time do I have left on my hour? have clean hands in this incident. The Sarajevo. While Serb soldiers per- The SPEAKER pro tempore (Mr. Moslems, the Bosnian Moslems, and petrated atrocities in all the Bosnian TAYLOR of North Carolina). The gen- the Croats have also allegedly commit- villages, local residents reported that tleman has 13 minutes. ted a number of atrocities themselves. U.N. peacekeepers,’’ and it hurts me to Mr. DORNAN. Then let me share All three parties have done some very read these names, ‘‘from France, this, and let me cut it just a bit, then awful things in the past couple of years Ukraine, Canada, and New Zealand reg- STEVE CHABOT of Ohio, I will give you in that very, very dangerous part of the ularly visited Sonja’s, drinking and 4 minutes, STEVE, because CYNTHIA world. Certainly, the Serbs have been eating with these very same soldiers’’ MCKINNEY missed her opportunity, and the worst. committing the atrocities ‘‘and sharing I want all of her people in Georgia In addition, the President is talking their women.’’ waiting for her special order to know about our troops will be out in an esti- However, the women of Sonja’s Kon- she is still here and going to talk about mated 1-year period of time. Again, go Tiki Club were actually prisoners of the problem of gerrymandering in back to the point that these people the Serbs. These are Muslim and Cro- Georgia. But, STEVE, I will give you 4 have been fighting for hundreds of atian women. minutes, MARK NEUMANN 4 minutes, years now. How anyone can predict November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13793 that our troops will have solved the all over this country, ‘‘Don’t do it. operational plan, what are the objec- problems over there, kept the peace Don’t put United States troops on the tives, how will these troops accomplish and then pulled out in a year’s period ground in Bosnia.’’ the objectives, and what is the exit of time, I think that there is no way in The President apparently is deter- strategy. Thus far, and he said he the world that is going to happen. If mined to move ahead with this ven- would present that, and I assume that our troops are pulled out, it is very ture. I think he is making a terrible that is still coming. I am not being likely that in a very short period of mistake. I wish he would listen to Con- critical at all. We just do not have it time the atrocities will start again, the gress, and I wish he would listen to the yet. We certainly need it before we can fighting will start, and we are going to American people and, please, prevent make the judgment as to whether or have the same type of chaos and death this tragedy from happening. We do not not troops should be sent. that we have over there now. So the 1- need to lose American lives in Bosnia. Also we do not have the money to en- year period of time, I think, is a period I beg the President to reconsider this gage this operation. That is another of time that has been grabbed out of effort that he seems to be determined very critical factor. We fight and work the air, and some would argue that it to make. I think it is a very tragic very hard to cut $2 million here or $12 has to do with the fact that there is an event. I hope I am wrong. I hope and million there from the budget. The es- election a year down the road. Who pray that my concerns are unfounded timate of the cost of this is $2.1 billion knows why the President picked 1 year. and things will go well. at the present time. Judging from all But I do not think there is any way But I am very, very concerned that I previous estimates that I have seen, we are going to be able to go over there am right, and if that happens, we are you should multiply it at least by 2, so and then suddenly peace is going to going to have many, many Americans we are talking about, I believe, close to break out in that very dangerous part who lose their lives in that very dan- a $4 billion cost. Remember, this is of the world after we have been there gerous part of the world. money that we do not have. This is for a 1-year period of time. Mr. DORNAN. I thank the gentleman money that will have to be borrowed if This is in Europe’s backyard. It is for his excellent remarks. I yield to the we move into Bosnia. very, very difficult for anybody to gentleman from Washington [Mr. The idea of balancing the budget is make the argument that this is in the METCALF]. absolutely critical, and there are cir- vital interests of the United States. We Mr. METCALF. I thank the gen- cumstances certainly where we would have an interest to the extent that I tleman for yielding. go ahead and even if we had to borrow think we think it was a good idea for I just want to start out by saying the money, but only if we are certain the President to get the parties to- this is under no circumstances a par- of what is going to happen, what is the gether. I think it is appropriate for us tisan issue. It makes no difference vital U.S. interest that is involved, to play a role in getting people to talk whatsoever and would not ever make a what is the plan to actually achieve about peace. I think we can play a role difference to me whether the President the kind of peace we are looking for in supporting the Europeans through was Republican or Democrat on this and set up the conditions by which we our air power, which we are able to kind of an issue. can exit. Those are the points that I see, and project without great loss of life to I listened really carefully to Presi- we will try to have an open mind and American citizens. But I do not think dent Clinton’s’ speech, and I re-read watch what the President comes up that a legitimate argument can be the speech word for word just so I was certain what he said. The vital United with for these things. made that it is necessary for U.S. As of now, from what I have seen, my States interests the President laid out troops to be at risk on the ground, and vote would be an absolute ‘‘no.’’ I cer- in his speech were broad, universal in- it does not take very long for anybody tainly hope and will do everything I terests and would apply to any trouble to pick out a couple of examples of the can to see that we do get a vote on this type of things which could very well spot in the world. This is not satisfac- in the House of Representatives. happen in the very near future in that tory. I think the Senate should also vote very dangerous part of the world. I have said since I ran for Congress on whether or not to authorize troops, Look what happened in Lebanon. You that I would support committing ground troops in Bosnia. know, it was something as unsophisti- American troops only if vital, specific Mr. DORNAN. I say to the gentleman cated as a truck filled with explosives U.S. interests were involved, and the from Washington [Mr. METCALF], I to blow up a building and kill over 200 interests that he gave were not. want to recommend a book to you on United States Marines in Beirut, Leb- Militarily, U.S. troops are not need- Mogadishu. On the cover is the picture anon. In Somalia we went in with the ed. Our own Chairman of the Joint of Durand’s helicopter crew, the ones best of intentions to feed people, and Chiefs of Staff stated that Europe can that were killed, Ray Frank, three full then mission creep set in. The goal got handle the military aspect themselves. combat tours in Vietnam, big, hand- expanded. We were trying to build de- European powers have direct interest some, blond David Cleveland, William, mocracies over there. We got in the in Bosnia, and they should step up to his mother called him David, the men middle of the warlords. Our helicopters the plate on this. Britain and France called him William, like his father. He got shot down. American lives were have done so and will be part of the op- was one of the door gunners, and lost, and the bodies of young Ameri- eration as it is planned. Tommy Fields, another door gunner. It cans were dragged through the streets You know, it is interesting, Germany is just called ‘‘Mogadishu.’’ It tells a of Mogadishu. had not pledged troops until today. I story of a tragedy in the Clinton ad- What we are trying to do here is to guess Germany remembers World War ministration that he just put behind prevent the President from making a II, when they occupied that area for him. very, very tragic mistake. He certainly several years during World War II. Let me ask you something, I say to has not convinced me that this is in They understand the problems there of the gentleman from Washington [Mr. the vital interests of the United States an occupying nation, and it just seems METCALF], there is a report from my to put United States troops on the to me that maybe their reason for not district office today. The calls dropped ground in Bosnia. From the calls that joining until today is that they under- to 100 for the first time. It is usually I am receiving in my office every day, stood better than we do some of the 200. Not a single person calling my dis- he certainly has not convinced the peo- problems that are involved. trict office, oh, they will call now, de- ple of Cincinnati, the people that I rep- The President promised that the tractors and stuff. We are going to ig- resent, that this is the right action. troops in Haiti would be home in a nore their calls, and I have every right The calls are overwhelmingly coming year. Remember? It has now been 16 to be as tough as I want on this be- in that we should not put United months, and the troops are still there. cause I am the one who went to States troops on the ground in Bosnia. Why should we believe that Bosnia is Mogadishu less than 10 days after the I have talked to many, many of my different? last man was killed there, to photo- colleagues here on both sides of the One of the things that the President graph this whole area. They are saying aisle, both Democrats and Republicans, did say was he said he would provide a 100 calls a day in my office without one and the calls are coming in from people clear mission statement, a specific saying ‘‘Go; we should go.’’ H 13794 CONGRESSIONAL RECORD — HOUSE November 29, 1995 How are they in your office from the BOSNIA Serb troops across a bridge in northeastern great Pacific Northwest? In June 1991, Croatia declared its independ- Croatia, as required by U.N. Security Coun- Mr. METCALF. Our calls are running ence from Yugoslavia and was recognized by cil resolutions. Perelyakin ordered the Bel- more than 30 to 1 against sending the U.N. The Serbian-dominated Yugoslav gians to stand aside. Reluctantly they did so, army invaded Croatia, ostensibly to protect permitting one of the largest movements of troops to Bosnia, and there comes a Serbian troops and equipment into the re- time certainly that you should listen its Serbian minority. After the Serbs agreed to a cease-fire, the U.N. sent in a 14,000-mem- gion since the 1991 cease-fire. to the American people. ber U.N. Protection Force (UNPROFOR) to According to internal U.N. reports, the Mr. DORNAN. I yield to the gen- build a new nation. (The mission has since U.N. spent eight months quietly trying to pressure Moscow to pull Perelyakin back, tleman from South Carolina [Mr. SAN- mushroomed to more than 40,000 personnel, but the Russians refused. The U.N. finally FORD]. becoming the most extensive and expensive dismissed him last April. Mr. SANFORD. I do not know how peacekeeping operation ever.) much more actually can be added be- After neighboring Bosnia declared its inde- CAMBODIA tween my colleague, the gentleman pendence in March 1992, the Serbs launched a In 1991, the United States, China and the savage campaign of ‘‘ethnic cleansing’’ Soviet Union helped broker a peace treaty from Florida [Mr. SCARBOROUGH], my among three Cambodian guerrilla factions colleague, the gentleman from Califor- against the Muslims and Croats who made up 61 percent of the country’s population. Rap- and the Vietnamese-installed Cambodian nia [Mr. DORNAN], and the gentleman idly the Serbs gained control of two-thirds of government, ending 21 years of civil war. To from Indiana [Mr. BURTON], go down Bosnia, which they still hold. ease the transition to Cambodia’s first demo- the list, and therefore I mean you have Bosnian Serbs swept into Muslim and cratic government, the U.N. created the U.N. touched on this idea of 200 American Croat villages and engaged in Europe’s worst Transitional Authority in Cambodia men, best-case scenario, dying. You atrocities since the Nazi Holocaust. Serbian (UNTAC). In less than two years, about 20,000 have touched on the idea of spending thugs raped at least 20,000 women and girls. U.N. peacekeepers and other personnel were In barbed-wire camps, men, women and chil- dispatched at a cost of $1.9 billion. $1.5 billion. You have touched on the Some of the Cambodian ‘‘peacekeepers’’ idea we do not have a clearly defined dren were tortured and starved to death. Girls as young as six were raped repeatedly proved to be unwelcome guests—especially a exit strategy. You touched on the idea while parents and siblings were forced to Bulgarian battalion dubbed the ‘‘Vulgarians.’’ In northwest Cambodia, three of 37,000 American boys being directly watch. In one case, three Muslim girls were Bulgarian soldiers were killed for ‘‘med- involved. chained to a fence, raped by Serb soldiers for dling’’ with local girls. One Bulgarian was Mr. DORNAN. I have run out of time. three days, then drenched with gasoline and treated for 17 different cases of VD. The We did not give you gentlemen enough set on fire. troops’ frequent carousing once sparked a While this was happening, the UNPROFOR heads-up over here. mortar-rifle battle with Cambodian soldiers troops stood by and did nothing to help. Des- The documents referred to are as fol- at a brothel. lows: ignated military ‘‘observers’’ counted artil- The Bulgarians were not the sole mis- lery shells—and the dead. [From the Reader’s Digest, October 1995] creants in Cambodia, as internal U.N. audits Meanwhile, evidence began to accumulate later showed. Requests from Phnom Penh in- THE FOLLY OF U.N. PEACEKEEPING that there was a serious corruption problem. cluded 6500 flak jackets—and 300,000 (By Dale Van Atta) Accounting procedures were so loose that condoms. In the year after the U.N. peace- Sonja’s Kon-Tiki cafe is a notorious Ser- the U.S. overpaid $1.8 million on a $21.8 mil- keepers arrived, the number of prostitutes in bian watering hole six miles north of Sara- lion fuel contract. Kenyan peacekeepers Phnom Penh more than tripled. jevo. While Serb soldiers perpetrated atroc- stole 25,000 gallons of fuel worth $100,000 and U.N. mission chief Yasushi Akashi waved ities in nearby Bosnian villages, local resi- sold it to the Serbs. off Cambodian complaints with a remark dents reported that U.N. peacekeepers from Corruption charges were routinely dis- that ‘‘18-year-old hot-blooded soldiers’’ had France, Ukraine, Canada and New Zealand missed as unimportant by U.N. officials. the right to enjoy themselves, drink a few regularly visited Sonja’s, drinking and eat- Sylvana Foa, then spokesperson for the U.N. beers and chase ‘‘young beautiful beings.’’ He ing with these very same soldiers—and shar- Human Rights Commission in Geneva, said it did post an order: ‘‘Please do not park your ing their women. was no surprise that ‘‘out of 14,000 pimply 18- U.N. vans near the nightclubs’’ (i.e., whore- The women of Sonja’s, however, were actu- year-olds, a bunch of them should get up to houses). At least 150 U.N. peacekeepers con- ally prisoners of the Serb soldiers. As one hanky-panky’’ like black-market dealings tracted AIDS in Cambodia; 5000 of the troops soldier, Borislav Herak, would later confess, and going to brothels. came down with VD. he visited Sonja’s several times a week, rap- When reports persisted, the U.N. finally in- Meanwhile, more than 1000 generators were ing some of the 70 females present and kill- vestigated. In November 1993 a special com- ordered, at least 330 of which, worth nearly ing two of them. mission confirmed that some terrible but $3.2 million, were never used for the mission. U.N. soldiers patronized Sonja’s even after ‘‘limited’’ misdeeds had occurred. Four Ken- When U.N. personnel started spending the a Sarajevo newspaper reported where the yan and 19 Ukrainian solders were dismissed $234.5 million budgeted for ‘‘premises and ac- women were coming from. Asked about this, from the U.N. force. commodation,’’ rental costs became so in- a U.N. spokesman excused the incident by The commission found no wrong-doing at flated that natives could barely afford to live saying no one was assigned to read the news- Sonja’s Kon-Tiki, but its report, locked up at in their own country. Some $80 million was paper. U.N. headquarters and never publicly re- spent buying vehicles, including hundreds of The U.N. soldiers who frequented Sonja’s leased, is woefully incomplete. The Sonja’s surplus motorcycles and minibuses. When 100 also neglected to check out the neighbor- Kon-Tiki incidents were not fully inves- 12-seater minibuses were needed, 850 were hood. Less than 200 feet away, a concentra- tigated, for example, because the Serbs purchased—an ‘‘administrative error,’’ tion camp held Bosnian Muslims in inhuman didn’t allow U.N. investigators to visit the UNTAC explained, that cost $8.3 million. conditions. Of 800 inmates processed, 250 dis- site, and the soldiers’ daily logbooks had Despite the excesses, the U.N. points with appeared and are presumed dead. been destroyed. pride to the free election that UNTAC spon- Tragically, Sonja’s Kon-Tiki illustrates Meanwhile, Russian troop commanders sored in May 1993. Ninety percent of Cam- much of what has plagued U.N. peacekeeping have collaborated with the Serb aggressors. bodia’s 4.7 million eligible voters defied operations: incompetent commanders, undis- According to U.N. personnel at the scene, death threats from guerrilla groups and went ciplined soldiers, alliances with aggressors, Russian battalion commander Col. Viktor to the polls. failure to prevent atrocities and at times Loginov and senior officer Col. Aleksandr Unfortunately, the election results have even contributing to the horror. And the Khromchenkov frequented lavish feasts been subverted by the continued rule of the level of waste, fraud and abuse is overwhelm- hosted by a Serbian warlord known as Cambodian People’s Party—the Vietnamese- ing. ‘‘Arkan,’’ widely regarded as one of the installed Communist government, which lost Until recently, the U.N. rarely intervened worst perpetrators of atrocities. It was also at the ballot box. In addition, the Khmer in conflicts. When it did, as in Cyprus during common knowledge that Russian officers di- Rouge—the guerrilla group that butchered the 1960s and ’70s, it had its share of success. rected U.N. tankers to unload gas at Arkan’s more than a million countrymen in the But as the Cold War ended, the U.N. became barracks. During one cease-fire, when Ser- 1970s—have refused to disarm and demobi- the world’s policeman, dedicated to nation bian mate´riel was locked in a U.N. storage lize. So it was predictable that they would building as well as peacekeeping. By the end area, a Russian apparently gave the keys to repeatedly break the ceasefire and keep up of 1991, the U.N. was conducting 11 peace- the Serbs, who removed 51 tanks. their killing. The U.N. has spent nearly $2 keeping operations at an annual cost of $480 Eventually, Khromchenkov was repatri- billion, but there is no peace in Cambodia. million. In three years, the numbers rose to ated. Loginov, after finishing his tour of SOMALIA 18 operations and $3.3 billion—with U.S. tax- duty, joined Arkan’s Serbian forces. When civil war broke out in this African payers paying 31.7 percent of the bill. Problems remained, however, under the nation, the resulting anarchy threatened 4.5 Have the results justified the steep cost? leadership of another Russian commander, million Somalis—over half the population— Consider the U.N.’s top four peacekeeping Maj. Gen. Aleksandr Perelyakin. Belgian with severe malnutrition and related dis- missions: troops had been blocking the movement of eases. U.N. Secretary General Boutros November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13795 Boutros Ghali, the first African (and Arab) and other supplies into millions of dollars on when they came down, and so it was impos- to hold the position, argued eloquently for a the black market. sible for the Frenchmen to escape. As soon U.N. peacekeeping mission to ensure safe de- Earlier this year the U.N. began to pull out as they hit ground they were captured and livery of food and emergency supplies. The of the camps. On April 22 at the Kibeho camp stripped of their warning, location, and sur- U.N. Operation in Somalia (UNOSOM) was in Rwanda, the Tutsi-led military opened vival equipment. Since these unique photos deployed to Mogadishu, the capital, in Sep- fire on Hutu crowds. Some 2000 Hutus were were taken, probably very shortly after their tember 1992. It was quickly pinned down at massacred. capture (in the foreground, a militiaman is the airport by Somali militiamen and was Where was the U.N.? Overwhelmed by the still holding their helmets), they have prob- unable to complete its mission. presence of nearly 2000 Tutsi soldiers, the 200 ably been moved from their place of cap- A U.S. task force deployed in December se- U.N. peacekeepers did nothing. A U.N. tivity, making it very difficult to exfiltrate cured the Mogadishu area, getting supplies spokesman told Reader’s Digest, meekly, them. to the hungry and ill. After the Americans that the U.N. was on the scene after the According to rare Serbian information, it left, the U.N. took over in May 1993 with slaughter for cleanup and body burial. was thought that only Lieutenant Jose UNOSOM II. The $2-million-a-day operation With peacekeeping operations now costing Souvignet had a leg wound. But here, Cap- turned the former U.S. embassy complex over $3 billion a year, reform is long overdue. tain Frederique Chiffot, grimacing at the into an 80-acre walled city boasting air-con- Financial accountability can be established camera, also seems to be supported by mem- ditioned housing and a golf course. When only by limiting control by the Secretariat, bers of the militia. U.N. officials ventured out of the compound, which routinely withholds information about Three attempts already: NATO is doing ev- their ‘‘taxis’’ were helicopters that cost peacekeeping operations until the last erything possible to free them. $500,000 a week. minute—too late for the U.N.’s budgetary From September 5th to the 8th, three The published commercial rate for committee to exercise oversight. times over, NATO commandos have flown off Mogadishu-U.S. phone calls was $4.91 a In December 1993, for example, when the in search of the two Frenchmen. These very minute, but the ‘‘special U.N. discount rate’’ budget committee was given one day to ap- complicated missions make use of airplanes was $8.41. Unauthorized personal calls to- prove a $600-million budget that would ex- and helicopters which have taken off from taled more than $2 million, but the U.N. sim- tend peacekeeping efforts into 1994, U.S. rep- different bases, from Italian territory or the ply picked up the tab and never asked the resentative Michael Michalski lodged an offi- aircraft carrier ‘‘Theodore Roosevelt.’’ On callers to pay. cial protest: ‘‘If U.S. government employees board this ship, the Admiral Smith’s general Meanwhile, the peacekeeping effort dis- approved a budget for a similar amount with staff is coordinating, second by second, the integrated, particularly as warlord Moham- as little information as has been provided to delicate precision engineering of this war- med Aidid harassed UNOSOM II troops. As the committee, they would likely be thrown riors’ ballet. The first attempt was com- the civil war continued, Somalis starved. in jail.’’ pletely American, but the weather was not But U.N. peacekeepers—on a food budget of More fundamentally, the U.N. needs to re- on our side. The second and third attempts $56 million a year—dined on fruit from South examine its whole peacekeeping approach, were French and American. Only the latter America, beef from Australia from frozen for the experiment in nation building has enabled the commandos to set down on a fish from New Zealand and the Netherlands. been bloody and full of failure. Lofty ideas to meadow near Pale. In vain. They had to Thousands of yards of barbed wire arrived bring peace everywhere in the world have withdraw under fire from the Serbs before with no barbs; hundreds of light fixtures to run aground on reality: member states with having found the prisoners. When they were illuminate the streets abutting the competing interests in warring territories, taken back up in the helicopter, two had compound had no sockets for light bulbs. the impossibility of lightly armed troops been wounded. What procurement didn’t waste, pilferage keeping at bay belligerent enemies, and the In the control room of the ‘‘Theodore Roo- often took care of. Peacekeeping vehicles folly of moving into places without setting sevelt’’ operations are being followed in real disappeared with regularity, and Egyptian achievable goals. time. It was in an identical Mirage 2000 that U.N. troops were suspected of large scale ‘‘It has been a fundamental error to put the two pilots were brought down. Photos of black-marketing of minibuses. U.N. peacekeepers in place where there is no the debris from the crash were widely dis- These losses, however, were eclipsed in a peace to keep,’’ says Sen. Sam Nunn (D., seminated in the press by the Serbs. single night by an enterprising thief who Ga.), ranking minority member of the Sen- f broke into a U.N. office in Mogadishu and ate Armed Services Committee. ‘‘We’ve seen b made off with $3.9 million in cash. The office very vividly that the U.N. is not equipped, 1745 door was easy pickings: its lock could be jim- organized or financed to intervene and fight CHINA’S TOP DISSIDENT CHARGED mied with a credit card. The money, stored wars.’’ 20 MONTHS AFTER DISAPPEAR- in the bottom drawer of a filing cabinet, had ANCE been easily visible to dozens of U.N. employ- [From the Paris Match, Oct. 5, 1995] ees. OUR PILOTS ARE PRISONERS OF THE SERBS The SPEAKER pro tempore. Under a While the case has not been solved, one ad- (Translated by David Skelly) previous order of the House, the gentle- ministrator was dismissed and two others woman from California [Ms. PELOSI] is Two tiny points in an incandescent sky. were disciplined. Last summer, UNOSOM II These images have been holding us in cruel recognized for 5 minutes. itself was shut down, leaving Somalia to the suspense for nearly a month. The two points Ms. PELOSI. Mr. Speaker, I rise to same clan warfare that existed when U.N. are two French officers, a captain pilot and call attention to the House of Rep- troops were first deployed two years before. a lieutenant navigator, shot down on August resentatives and indeed further atten- RWANDA 30 in their Mirage 2000-K2, almost directly tion of our country to a recent event Since achieving independence in 1962, above Pale, the capital of the Bosnian Serbs, that happened in China. Last week, the Rwanda has erupted in violence between the during the first NATO raid. Three Chinese Government formally charged majority Hutu tribe and minority Tutsis. exfiltration missions according to the CSAR Wei Jingsheng with trying to over- The U.N. had a peacekeeping mission in that (combat, search and rescue procedure), which throw the Government of China. This nation, but it fled as the Hutus launched a had succeeded in rescuing Captain O’Grady, new bloodbath in April 1994. failed. The Serbs have confirmed that they is a source of very serious concern to Only 270 U.N. troops stayed behind, not are holding two men alive, but no one, not all of us who care about human rights enough to prevent the butchery of at least 14 even the Red Cross envoys has actually seen in China. local Red Cross workers left exposed by the them. These photos reached us from Pale. As you may recall, Mr. Speaker, Wei peacekeepers’ swift flight. The U.N. Security Here are the faces of the two prisoners whom Jingsheng is China’s foremost democ- Council dawdled as the dead piled up, and a France has been anxiously waiting to see. racy advocate. He has been called the daily horror of shooting, stabbings and ma- The first scenes of their captivity. Sakharov of China. Many years ago, chete hackings. The Hutus were finally driv- Peasants turned the lieutenant over to the over 15 or 16 years ago, he was arrested en out by a Tutsi rebel army in late summer ‘special forces commandos’. 1994. Being helped to walk by two Serbs from by the Chinese Government for his pro- Seven U.N. agencies and more than 100 their special forces, Lieutenant Jose Democracy Wall activities. international relief agencies rushed back. Souvignet seems to be suffering from a leg Early on he spoke out for democracy, With a budget of some $200 million, the U.N. wound. Peasants turned the two airmen over the need for democracy in China. He tried unsuccessfully to provide security over to the ‘‘specijali,’’ who have been hiding had been a soldier and an electrician Hutu refugee camps in Rwanda and aid to them from the whole world ever since. and was sentenced to 15 years in prison. camps in neighboring Zaire. The captain, Frederique Chiffot, snarls at He served most of that sentence, and The relief effort was soon corrupted when his guards. about 6 months ago, the Chinese re- the U.N. let the very murderers who’d mas- Contrary to what happened with the Amer- sacred a half million people take over the ican pilot, ours were brought down in broad leased him when they were trying to camps. Rather than seeking their arrest and daylight, above a mountain in an area with put on a good face in order to attract prosecution, the U.N. made deals with the a high density of Serbian soldiers. Militia- the Olympics to China. You may recall Hutu thugs, who parlayed U.N. food, drugs men in the city of Pale were able to be there that campaign. H 13796 CONGRESSIONAL RECORD — HOUSE November 29, 1995 Six months later, he was quickly not raise the issue of Wei’s charges, it the opportunity to join in paying trib- rearrested after speaking openly for de- could be read as tacit consent by the ute to our colleague, PAT SCHROEDER. mocracy and human rights, granting United States of whatever fate China It cannot be said better than you have interviews to foreign reporters, meet- has chosen for Wei Jingsheng. done commending Representative ing, indeed, with our own Secretary of The public intervention of the Clin- SCHROEDER for her leadership. It is a State, Assistant Secretary of State for ton administration is most important sad day for us in the House of Rep- Human Rights, John Shattuck, and in establishing United States policy re- resentatives on the day that she an- writing essays for overseas publica- garding the treatment of Wei nounced she would not be seeking re- tions, including the New York Times. Jingsheng, clearly and unequivocally. election. He was taken into custody on April 1, The need for public and strong state- Whether they know it or not, women 1994, and has not been seen or heard ment at the highest levels, I repeat, of across America, and, as you say, indeed from since. His family has not been al- the Clinton administration is critical men too, owe PAT SCHROEDER a great lowed to see him, and requests from given China’s foreign ministry state- debt of gratitude. Through her leader- foreign governments and international ment last week that the United States ship on issues relating to families and rights groups for information on his stop its confrontation with China at children, she has changed the public case have gone unanswered. the U.N. Commission at Human Rights policy in that regard. It is our most After repeated inquires by his family, in Geneva. Such a statement, coupled important issue in fact that we deal the Public Security Bureau acknowl- with Wei’s charge, is a challenge to the with here, the issue of children. edged in April that Wei was under a United States we must answer. But on this day in this House of Rep- form of house arrest. Since then the Mr. Speaker, I am very hopeful that resentatives, when on the one hand we Chinese officials have merely referred the Clinton administration will indeed are talking about the possibility of to him as a criminal and have said speak out. They were very, very strong sending our young people to keep the that, without elaborating, he was in sending a message to the Chinese peace in Bosnia, and at the same time under investigation. Now the Chinese about Harry Wu. I commend them for we are talking about human rights Government has acted. They have offi- their actions. That was responsible for throughout the world and talking cially charged him with a capital of- Harry Wu’s release. I hope they will do about family and children, there is a fense, trying to overthrow the Govern- the same thing in the case of Wei person who served us here with great ment. Jingsheng and look forward to working leadership, an articulate spokesperson This is, of course, ridiculous. How- with them and the Members of this for children, for human rights, for ever, the charge is of such seriousness body to free Wei Jingsheng. peace, and, at the same time, a strong, and the nature of the Chinese judicial f strong voice on the Committee on Na- system of such concern that I call this tional Security, now called I think the to our attention. Trials in China are INJUSTICE IN REDISTRICTING Committee on National Security. So usually swift, in secret, and behind The SPEAKER pro tempore. Under her expertise and her voice was heard closed doors. The verdict is usually the Speaker’s announced policy of May across the spectrum of issues in our predetermined and severe. Attempting 12, 1995, the gentlewoman from Georgia budget priorities. She has led us well. I to overthrow the Government, as Wei [Ms. MCKINNEY] is recognized for 60 hope she will continue to outside of Jingsheng is mistakenly charged with, minutes as the designee of the minor- Congress. I know she has plenty of is considered a political crime which ity leader. wonderful options open to her, but, can be punished by death. Ms. MCKINNEY. Mr. Speaker, I feel nonetheless, as happy as we are for her Many of our colleagues in this body compelled to at least make a state- on her decision, it is a sad day. and in the Senate, indeed par- ment about what we have heard over I speak for myself and my constitu- liamentarians throughout the world, the last hour. I would just like to say ents when I say that her presence in nominated Wei Jingsheng earlier this that George Bush proclaimed a New this Congress for this country will be year for the Nobel prize. We were proud World Order, but Bill Clinton is mak- sorely missed. to do so. ing one. Ms. MCKINNEY. Mr. Speaker, I do I am calling this to the attention of Bosnia is not about war, it is about want to say one thing. I would like for the House of Representatives because I peace. In the ethnically diverse com- Congresswoman SCHROEDER to come to hope that we will have a resolution out munity of Dayton, OH, three warring this floor and tell the story, because I of this body condemning the charges ethnic groups came together, sat down know she can tell it much better than against Wei Jingsheng and calling for at a table, and made peace. I really do I would ever be able to tell it, but she his immediate and unconditional re- not understand how people can advo- came to this Congress at a time when lease and demanding that if indeed he cate pouring billions of dollars into a you just did not have women serving does go to trial, that foreign media and defense establishment to make war, on the Committee on National Secu- diplomatic observers be allowed to at- and at the same time they can deny rity and women serving in this Con- tend. sick kids Medicaid, they can raise gress. She tells the story of how the I mentioned that Wei Jingsheng had taxes on the working poor, but they are chairman had she and the gentleman met with Assistant Secretary of State not willing to make peace. I do not un- from California, RON DELLUMS, share a John Shattuck in April, and since then derstand that. single chair. Those are the kinds of sto- he has been, as I say, detained, and now Also, I would just like to say a few ries that this leader had to endure in charged. This is very serious for the words about an announcement that I order to make sure that I could get a United States, because our Govern- heard about today, about the retire- full seat in the U.S. Congress. Her ment has said that we will not use cer- ment of one of our leaders, the gentle- story is a wonderful story that needs to tain methods to improve human rights woman from Colorado [Mrs. SCHROE- be told, and her leadership has bene- in China, we would not use economic DER]. I would just like to say that she fited us all. sanctions, but we would do other is a trailblazer, a role model for all of Ms. BROWN of Florida. If the gentle- things, and right now this administra- us, and a real leader. Her leadership in woman will yield, I would just like to tion has not spoken out strongly the 105th Congress is sorely going to be associate myself with those remarks enough against the charging of Wei. missed. But because of her leadership I about our leader. She has certainly I recently wrote to the Vice Presi- do not know how many Congresses be- been a role model for the women in dent, Vice President Gore, asking him fore, she has made a way for me and Congress. Her leadership not only will for a strong statement from the Clin- other women who now serve in Con- be missed, but it is going to make our ton administration. Only strong public gress, and her outspokenness on issues work extremely hard, because she has expressions of concern and interest at affecting families and children and been just a Trojan for women’s issues, our highest levels will be read by the women and men alike, really, has been for children’s issues, and more national Chinese leadership as a true indicator really a beacon I guess, for all of us. security issues. So this is truly a sad of American policy regarding Wei and Ms. PELOSI. Mr. Speaker, if the gen- day for all of us. other democracy advocates. If we do tlewoman would yield, I thank her for Ms. MCKINNEY. It certainly is. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13797 Mr. Speaker, changing our focus a still could be constitutional, and we years, I am sorry, 120 years, that an Af- little bit, I would like to ask a ques- will go to a hearing or a trial early rican-American came to this Congress tion, and the question is, what happens next year to determine based on Shaw to represent Florida, even though Flor- to a jogger, someone who strategizes, versus Reno and the case of Georiga. ida’s population, as far as minorities is maps out a fitness routine, and the re- Ms. McKINNEY. I have a question to concerned, is over 40 percent. Good-old- gime that is mapped out is done so that ask the gentlewoman, before she gets boy politics has controlled how the dis- a target heart rate can be reached; and, into her remarks, and it is my under- tricts have been drawn throughout unbeknownst, to our jogger, without standing that her district, the district Florida. any knowledge at all of our jogger, the that she represents, is 50 percent black I do not know about any other place, wrong target heart rate has been given. and 50 percent white. but I can tell my colleagues about the Then the folks who gave the wrong Ms. BROWN of Florida. Yes. history of Florida, and I know the gen- heart rate allow the jogger to go out Ms. McKINNEY. How can race be the tlewoman from Georgia wants to yield predominant factor in a 50–50 district? and jog. What happens? The jogger to Mrs. MEEK. Ms. BROWN of Florida. Well, it is not could die. Mrs. MEEK of Florida. Mr. Speaker, I The issue that I am about to talk quite 50–50. It is 50.1 or 2. Ms. McKINNEY. 50.1. So that makes want to thank my colleagues and com- about is a real issue of life and death, pliment and commend them for having political life and political death. In my it race-predominant. Ms. BROWN of Florida. Well, the fact called this special order to talk to the opinion, we have a few southerners who is my district is one of the most inte- country about some of the things that have conspired to orchestrate the polit- grated districts in Florida, if not in the have happened in reapportionment. ical death of blacks, Latinos, and country. women. I have a transcript of a Florida I am reminded of a saying that the Ms. McKINNEY. If not in the coun- more things change, the more they rehearing that just took place. try. Ms. BROWN of Florida. It was a remain the same. The gentlewoman from Ms. BROWN of Florida. If not in the Georgia [Ms. MCKINNEY] has been on sponse to a pretrial hearing on Mon- country. So race was a factor, but just day, October 19. the forefront of this, and so has the one of many factors. gentlewoman from Florida [Ms. BROWN] Ms. MCKINNEY. It reads, ‘‘At the In fact, I am very proud of the Third but I want to say to them that it is time the Degrande court drew the dis- Congressional District of Florida. tricting lines for the State of Florida, just amazing and also ironic that after Many of the people I represent were all of these years we are still fighting it engaged in a good faith effort to disenfranchised before my election. If adopt a politically neutral redistrict- for the same thing that many had to we go back and just look at the way fight for years ago. ing plan that would enhance the voting the voter participates in these dis- I need to say to my two colleagues opportunities for African-American tricts, for example when we come out that their efforts will be rewarded, as and Hispanic voters. The Degrande of an area and we are getting 80 per- well as all the rest of us. We must raise court closely followed the dictates of cent of the vote, black and white, what the consciousness level of the country the Voting Rights Act and traditional does that tell my colleagues? That tells as to what is happening in the reappor- redistricting principles throughout this me that there is balance in my district. tionment and apportionment fight. As process. This court must now reexam- I have one of the most Democratic dis- everyone knows, every 10 years the ine the redistricting lines drawn by tricts in the State of Florida. census is taken, and then comes the re- plan 308 and decide whether the con- Ms. McKINNEY. But the gentle- appointment process. tours of District 3 are unconstitutional woman’s district was challenged. in light of Shaw versus Reno and Mil- Ms. BROWN of Florida. Challenged, I am reminded of the struggle that I ler.’’ that is correct, and we are headed to have undertaken in this for 10 or more What this means is that in Florida court. years, and I am reminded of what the the legislature did not draw the cur- Ms. McKINNEY. I am sure that this poet, Robert Frost, once wrote about; rent congressional lines, the court did is costing the taxpayers of Florida an these woods are lovely, dark and deep, it, and when the court drew the lines, inordinate amount of money. and I am tempted to sleep; but I have the court was operating in good faith, Ms. BROWN of Florida. And time, promises to keep, promises to keep, trying to do things that were beneficial and also the frustration on the people and miles to go before I sleep. to all of the people of the State of Flor- of the Third Congressional District. That is what has happened to my col- ida. Now, because of what happened in Often my constituents come to me and leagues here. They know this has been North Carolina and what happened in say what are they trying to do to our a fight from the very beginning. I can Georgia, all of that is subject to district? Why is it that the voters from recall when I went to the Florida legis- change. the Third Congressional District and lature in 1979. There were only two Joining us is the gentlewoman from other districts in Florida have to wres- blacks in the Florida legislature, and Florida [Mrs. MEEK]. But let me give tle with the question of whether or not they were certainly not treated, Ms. you just a brief history. we are going to have our district? MCKINNEY, the way we are treated First of all, the Florida legislature Ms. McKINNEY. Well, Mr. Speaker, today. They were treated as blacks, could not pass a plan, so the courts had we have been joined by the gentle- and they pretty much were isolated to intervene so that we could have woman from Florida [Mrs. MEEK] who from the other people there. elections in Florida. Now, there are served illustriously in the Florida leg- When I went, in 1979, I was able to many reasons why the Florida legisla- islature and probably knows more—— participate in the reapportionment of ture could not pass a plan, but basi- Ms. BROWN of Florida. If I may ask the Florida legislature, and because of cally it was politics, politics, and more the gentlewoman to yield just for a that we were able to bring on Ms. moment to let me say one thing about politics. BROWN and all of my other colleagues the gentlewoman from Florida [Mrs. b 1800 who came after me. MEEK]. Everyone that was in charge of redis- Ms. McKINNEY. Certainly. Ms. MCKINNEY. If the gentlewoman tricting was running for Congress. Ms. BROWN of Florida. Mrs. MEEK would allow me to reclaim my time for It is hard to take the politics out of served in the Florida House, but when a moment. The tool that the gentle- politics. she was elected some 13 years ago to woman used was the Voting Rights Ms. BROWN of Florida. You cannot the Florida Senate, it was the first Act. take the politics out of politics. time in over 100 years that we elected Mrs. MEEK of Florida. Yes, I did, and However, the courts drew the plan for a black to the Florida Senate, and she it was under attack even then. The Florida, and, basically, we are now at was the first black female ever elected most amazing thing is that we were the stage where there was a ruling last to the Senate. So we do not have a long able to bring Ms. BROWN and five other Monday in that the courts ruled, with history in Florida of inclusion. people there in the House but we were a dissent, that the Third Congressional And, in fact, before our election in unable to get a congressional seat. We District was racial gerrymandering but 1992, it was the first time in over 100 had the numbers then. There were H 13798 CONGRESSIONAL RECORD — HOUSE November 29, 1995 enough African-American inhabitants I really feel very emotional about SCHROEDER, who has indicated that she in the population of Florida, but my this situation, and to see now that my is not planning to run again after serv- colleagues would be surprised to know young sisters have picked up this bat- ing out this term, and I want to join that every congressperson from this tle and they are running hard and win- with them first in paying a special body, from Florida, had either a paid ning it, it just gives me such pleasure tribute to her and join in expressing consultant or someone there to be sure to see when the gentlewoman from the sentiments that others have ex- that their influence could be felt in the Georgia and the gentlewoman from pressed, that she will be missed very reapportionment process. Florida stand up and talk about this. much by those of us who have admired Ms. MCKINNEY. So, actually, what We did not have the technology her and followed her lead on many is- the gentlewoman is saying is that the available that my colleagues have now. sues. Members of Congress and the legisla- I had to draw my maps with a piece of Second, I want to say that tomorrow, tors were picking their voters before crayon to try to quickly show, because in Durham, NC, there is an opening of the voters had a chance to pick their we were not allowed on the computers a traveling exhibition which is called representatives. at that time, and the computers were ‘‘The long road up the hill. African- Mrs. MEEK of Florida. Absolutely. just coming in, and they had these Americans in Congress.’’ I was on the My colleagues would be surprised at maps already drawn. But I think with phone before I came over here talking how they utilized the black populace, the two of my colleagues, their maps to a newspaper reporter in Raleigh- in that they really fought hard to get and their legal representation, they Durham about that exhibit, and I the African-Americans, particularly have it all. pulled out the press release that had the Democrats, because what they been issued about that exhibit. It cata- Ms. MCKINNEY. We have everything wanted to do was to be sure they had except the Supreme Court. logs the history of African-Americans enough African-Americans in their dis- Mrs. MEEK of Florida. Everything in the Congress of the United States, trict, in their congressional district, to but the Supreme Court, that is right. and I thought it might be helpful to be sure that they came back to Con- And what Mrs. Bethune would say, take a minute or two, if the gentle- gress. Because, naturally, it was sort of when she saw the kind of fight that the woman would allow me, to put this in a historical context. traditional and fully accepted during gentlewoman from Georgia and the that time that if an individual were Ms. MCKINNEY. I certainly will. gentlewoman from Florida have put up, Mr. WATT of North Carolina. The black, they were Democrat and they she would say what hath God wrought. would vote for a white Congressman gentlewoman says this hurricane start- So God has wrought that these two sis- ed in North Carolina in 1993 or 1992. It who represented their district. ters here would keep up this fight, I want to give my colleagues another really started in the South more than which we have had all these years, and example of what happened, and I am 100 years ago. to stand here tonight and to see how surprised that they are looking at the b the two of my colleagues are pushing 1815 gentlewoman from Florida’s district forward to be sure that we do not get And I think we really need to keep and talking about gerrymandering, be- that in perspective. So, if I could, let cause hers certainly is not nearly as misrepresented again, and that the people that we represent will have rep- me talk a little bit about the historical gerrrymandered as the district that context that we are dealing with. sent me to the Florida Senate. When I resentation in Congress and in the statehouses and all over this country. Between 1870 and 1897, after the 13th, came from the house, I was on the re- 14th, and 15th amendments had freed apportionment committee and I could I have been in several legal fights for reapportionment, and even though I the slaves and granted them citizen- see what was happening to us in the ship and the right to vote, Southern Florida house. I lived in Liberty City. am a little beyond the age that these young women are, I expect to continue States actually elected 22 black men to My representative in the Florida Sen- Congress. And this is not a sexist ate lived across Biscayne Bay, a body to do so. But it is good to be here in the Congress and to know that, Ms. MCKIN- thing. It just happened that all of them of water, all the way over on Miami were men at that time. Some had been Beach. He represented 103,000 African- NEY, there are people in this country who know that the gentlewoman from slaves; other had been born free. All of Americans. Yes, he was our representa- them, ironically, during that period tive in the senate. Georgia and the gentlewoman from Florida and the rest of us have served from 1870 to 1897, were members of the It shows my colleagues that this ger- Republican Party, which was the party notably here in the Congress, and it rymandering, that I am a living exam- at that time that most black people as- was not because of the color of our skin ple of what happens. So I insisted that sociated themselves with. that seat be removed from over on that but the content of our character. In 1870, a black minister was tapped side and we be given the representation Ms. MCKINNEY. Oh, you are wonder- to fill Confederate President Jefferson that we so direly deserved and needed, ful. Davis’ unexpired Senate term. Hiram and that is how I got to the Florida We also know that this cold wind Revels of Mississippi became the first Senate, by doing what the gentle- that has blown across the South did American of African descent to serve in woman from Georgia and the gentle- not start in Georgia and it did not stop the Senate. That same year, Joseph woman from Florida are doing now, in Florida. Actually, I think it prob- Rainey was sworn into office in the fighting for the representation that I ably started in North Carolina. And we House of Representatives; Jefferson knew that we needed to have. have the subject of the North Carolina Long of Georgia was sworn into the Ms. MCKINNEY. Congresswoman, redistricting fight on the floor with us. House 1 month later. Rainey went on there is an article here that I have And we also know that it swept to serve five terms, often speaking in from the Florida Times Union of No- through Texas, and we have the gentle- favor of civil rights legislation, outlaw- vember 24 where a noted political sci- woman from Dallas with us; and we ing racial discrimination in juries, entist from the University of Georgia hope that Alabama will be spared, but schools, public accommodations and is quoted as saying if a white Congress- we have the gentleman from Alabama transportation. man has a 10-percent or 20-percent mi- with us, and I will yield to the gen- Many of the early African-American nority constituency, they might not tleman from North Carolina. Congressmen introduced bills calling have a person who votes 100 percent of Mr. WATT of North Carolina. I thank for education and land ownership for the time with the black agenda but the gentlewoman for yielding, and I blacks and removal of what was called they will get those votes from him thank and applaud the gentlewoman cotton taxes. Most of those bills died in some of the time. So, apparently, rep- from Georgia and the gentlewoman committee because their sponsors often resentation some of the time is Ok. from Florida for organizing this special lacked the support of their white col- Mrs. MEEK of Florida. It was OK be- order this evening so that we can high- leagues. That might sound familiar to cause what they were doing was using light the issue of voting and the issue some of us in this day and time. us as mayonnaise on the sandwich to of democracy in this country, really. During the chaotic Reconstruction be sure that they got a chance to come I came in when my colleagues were years, defeated white politicians dis- back to Congress instead of utilizing us all paying tribute to our colleague, the puted the elections of blacks to Con- and using us to represent us. gentlewoman from Colorado, PAT gress 21 times. So, this is not a new November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13799 phenomenon that we are dealing with. 1879 from Gainesville, FL. I represent bloc voting as a fact of political life, but choos- Congressmen whose elections were Gainesville, FL, which is in the Third es to ignore the reality of its impact. Thus, in challenged often were not sworn in Congressional District. Josiah Wells’ the Georgia case, the Court said that the de- until a House committee had reviewed election was challenged and he lost his liberate creation of majority minority districts the evidence and found in their favor. seat after only 2 months in office. How- may increase the very patterns of racial bloc Several black lawmakers were not ever, by that time he had already been voting that majority minority districts are said seated for many months. Some were reelected to a new term. But listen, be- to counteract. In fact, the developing evidence not sworn in until a short time before lieve it or not, his next victorious elec- that the opposite may be true, that creation of the end of their terms. Two duly elect- tion was challenged after the ballots majority minority districts may be reducing, not ed Congressmen who were elected, were burned in the courthouse fire, increasing, bloc voting. black Congresspeople, never, ever got ending the first congressional career of Consider, for example, the majority minority to serve. Florida’s first black Representative. It congressional district in Mississippi created in Finally, a story that I can relate to, took Florida 120 years to elect another the 1980's. The district was barely majority by the time we got to the late 1800’s, African-American. black and in 1986, Congressman Mike Espy there was only one black African- Mr. Speaker, I submit the following was elected. In his first election, Espy gen- American left in the Congress of the for the RECORD. erated only 21 percent of the white vote. In United States. He was a gentleman Next week, the Supreme Court will hear ar- Espy's reelection bid in 1988 and 1990, nearly from North Carolina. His name was guments in yet another round of reapportion- half of the white voters in the district voted for George H. White, and he was the last ment cases; it has an opportunity to end the him. Other members of the Congressional former slave to serve in Congress. He mischief started in 1993 when it announced its Black Caucus have reported similar increases took the oath of office in March 1897, decision in Shaw versus Reno. In the Shaw in white support after their initial reelection. and after an election in 1898, in which case, the Court ruled that white voters can We attribute this increase in crossover voting the evidence indicated that even in state a claim under the equal protection in two circumstances: First, our decision to precincts where there were only 200 or clause of the 14th amendment if they allege represent all our voters regardless of race; 300 people registered, in some cases 700 that a district is so irregular or bizarrely and second, a reduction in white fear and or 800 people voted and he was voted shaped that it could only be understood as a harmful stereotyping that may have predated out of office. He took to the floor of the racial gerrymander. Last term, in reviewing a our initial election. Shaw-type attack on the congressional redis- House of Representatives in 1901 and The creation of minority opportunity districts tricting plan in Georgia, the Court went a step made a historic speech in which he pro- comprised of a majority black voting age pop- further. It ruled that where race is the predomi- fessed to be speaking on behalf of the ulation does not entrench racial bloc voting. nate factor in redistricting that has resulted in outraged, heartbroken, bruised and Although, there is a need to study the evi- the substantial disregard of traditional redis- bleeding, but God-fearing people. He dence that is available on this point, what evi- tricting principles, then a district is presumed went on to predict that some day, some dence there is suggests that the creation of to be unconstitutional. day, black representatives would rise majority-minority districts promotes a political When Shaw was first handed down, a num- up and come again to this House of system in which race does not matter as much ber of civil rights groups and political observ- Representatives. That was in 1901. as it did before. His prophesy did not become a re- ers felt that the decision would have minimal ality that we would have another black impact. But the Shaw decision has taken on a Along with a number of African-Americans, Representative in Congress until 28 life of its own. Cases attacking congressional I was elected to Congress in 1992 in a district years later. Mr. Speaker, 28 years later. districts as alleged racial gerrymanders are that was one of the most integrated in my Ms. MCKINNEY. But how many years pending in Florida, Texas, North Carolina, State. My district is roughly 50 percent black from North Carolina did it take? Louisiana, State legislatures and local govern- and 50 percent white in voting population. Mr. WATT of North Carolina. That ments. Does that sound segregated or gerry- was the next point I wanted to make. Of course, it troubles me a great deal that mandered? All of my constituents are impor- It was not until the gentlewoman from the end result of all these cases may return us tant to me, whether they are black or white. North Carolina EVA CLAYTON, my col- to the pre-voting rights days when the Halls of That would be true whether my district was 50 league, and I were elected in 1992, 91 Congress were reserved for white males. In percent black or 99 percent black. My district years later, that an African-American those days, congressional districts drawn to is one of the most Democratic districts in the was elected to Congress from the State protect white incumbents, no matter how bi- State of Florida. Many of my voters had been of North Carolina. zarre or irregular they looked, and regardless disenfranchised. So, the point I am making, and I will of the all-white racial composition, the districts Redistricting since the 1990 census has yield back to you all to carry this on, were viewed as politics. Eliminating districts marked tremendous gains for women and mi- is this is not a new phenomenon. We where minority voters comprise a bare major- norities. 1992, the year I was elected to Con- have been fighting this battle since ity of the voters will return us to the days of gress, was very historic for Florida. For the years and years and years ago, and we segregation when Congress resembled an all- first time in over 120 years, an African-Amer- fought it in the face of literacy tests, white club. ican was elected to Congress from Florida. At where people were required to read and As troubling as all this is, I am equally con- the same time I was elected to represent the interpret documents before they were cerned that the Supreme Court has refused to Third Congressional District, my colleague's allowed to vote; grandfather clauses, look at facts. The Court has consistently over- Representative CARRIE MEEK and Representa- which prohibited people from voting looked that in each of the States where the tive ALCEE HASTINGS, were also elected to rep- unless their grandfathers had voted, challenged majority minority districts were resent Florida in Congress. Sixteen new Afri- keeping freed slaves from casting bal- drawn, racially polarized voting patterns ex- can-American Members, most from the South, lots; poll taxes which kept poor people, isted. What this means is that before the ma- were seated in the House of Representatives blacks and whites alike, from voting; jority minority districts were drawn, a factual and one African-American Senator, CAROL lynchings, which were flourishing basis existed that minority voters were politi- MOSELY-BRAUN was seated, expanding the throughout the South, and now in that cally cohesive, that is, they supported minority number of Congressional Black Caucus Mem- historical context, the Supreme Court candidates, and whites usually voted as a bloc bers to 40, the largest ever. There are now 57 would ask us to be color-blind as a Na- to defeat the minority voters' preferred can- women, 19 Hispanics, 8 Asians, and 1 Amer- tion and go back to a situation where didate. This is important because not only is ican-Indian. This is the highest number of mi- we are absent minority representation the creation of majority minority districts nec- norities to ever serve in the history of the U.S. in Congress. essary to overcome the effects of the white Congress. Despite these gains, less than 2 Ms. BROWN of Florida. Will the gen- bloc vote, but the Supreme Court itself has percent of the elected officials in this country tleman yield just for 1 minute? consistently recognized in decisions spanning are black. We still need the Voting Rights Act, I have my horror story that I want to the last 20 years that such racial bloc voting we still have a long way to go. I, and others, put in. Florida’s horror story. At the has been the principal cause of minority vote would not have the privilege of serving in time Josiah Wells was the first Member dilution. Washington if it were not for the courage and of Congress from Florida. He was elect- What is especially troubling about this is sacrifice of those great leaders who led the ed to the House of Representatives in that the Court seems to have accepted racial way before us. H 13800 CONGRESSIONAL RECORD — HOUSE November 29, 1995 Let me tell you a little bit about a great lead- Mr. WATT of North Carolina. If the North Carolina shed some light on er, Josiah Wells, who was Florida's first Mem- gentlewoman would yield just for 1 what the Supreme Court will be re- ber of Congress. Josiah Wells was first elect- more minute, because I am going to viewing as far as Shaw versus Reno? ed to the House of Representatives in 1879, have to leave and I do want to put this Mr. WATT of North Carolina. I think from Gainesville, FL, which is in the Third in a slightly different context also, in there is a real substantial question Congressional District. Josiah Wells' election addition to the historical context, be- about what they will be reviewing. was challenged and he lost his seat after only cause the Supreme Court has suggested They set up a series of criteria in the 2 months in office. However, by that time, he that all of the sudden we should wave a original Shaw versus Reno decision. had already been reelected to a new term. Be- magic wand and will that the Nation Many of those criteria were not upon lieve it or not, his next victorious election was and its voters be color-blind and this even mentioned when the Supreme challenged after ballots were burned in a problem will be solved. Court decided the Georgia case. They courthouse fire. And thus ended the congres- Often, in talking about this and get- seemed to change the criteria. sional career of Florida's first Black represent- ting people to understand how ridicu- So, the North Carolina case has been ative. lous that notion is, I make reference to tried under criteria that we do not Once Reconstruction began, 21 black Con- what has recently transpired in South know whether are applicable criteria gressmen were elected from the South be- Africa where they had a very small any more or not. I am hoping that they tween 1870 to 1901. However, after 1901, white minority controlling that coun- will evaluate the case on the criteria when Jim Crow tightened his grip, no black try for years and years and years. Then that they set up in the North Carolina person was elected to Congress from the they had a miraculous historic transi- case. But even if they do not, if they South for over 70 years. It is more timely than tion to a real Democratic government. evaluate it on the criteria that they ever, to study what happed to black represen- The question I ask is, ‘‘Do you think set in the Georgia case, that race can- tation during Reconstruction. This period may that the United States of America not be the predominant factor, I still seem like ancient history, but what happened would have been satisfied if the black am confident that even on that stand- then seems to be happening all over again. majority in South Africa had come for- ard, the districts can and should be The court would do well to consider these ward with a proposed democracy that upheld both in North Carolina and in facts, rather than assuming the worst about said we are going to be color-blind; we Texas. the body politic and African-American Mem- are not going to take race into account b 1830 bers of Congress. Integrated districts like mine at all; we are not going to assure the Ms. MCKINNEY. The gentleman, with are good for minority voters because they pro- white minority in South Africa rep- respect to his South Africa comments, vide for electoral opportunities where none resentation in this new Democratic raises an interesting question that I previously existed. They are also for democ- government?’’ Do you think that the am glad you answered. racy in the sense that they help to break down United States of America would have We have with us a gentleman from racial isolation and polarization. stood still for that kind of thinking? Alabama, who is a strong fighter, al- When a minority group like African-Ameri- My answer, obviously, is no, because ways has been a strong fighter, and cans, who were denied a representative in the it would have been ridiculous to think now he comes to the floor of this House Florida delegation for 120 years before my that all of those years of history could to make sure that what happens in this election in 1992, are able to elect their can- have just been wiped out and we could whole redistricting arena is not some- didate to Congress, it makes our Government have created a color-blind society, a thing that catches people off guard. We more legitimate because it is more inclusive color-blind democracy in South Africa. want to make sure that folks are not and less prone to bias. I cannot understand It could not happen. asleep while this quiet counterrevolu- why the Supreme Court would want it any If the white minority in South Africa tion takes place. other way, yet their decisions up to now are was going to have any chance of having Mr. HILLIARD. Mr. Speaker, I was leading us precisely down that path. Because a fair shot at representation and hav- very interested in the historical analy- I have faith in the system and in the rule of ing its views reflected in that democ- sis that both Members gave dealing law, I remain hopeful that the Court see these racy, the only way it was going to hap- with the State of Florida as well as truths to be self-evident. pen was to set up a system that al- North Carolina. We also have a history Mr. WATT of North Carolina. The lowed them to have representation. in Alabama. I am the first African point is that there were funny things Yet, if we take that scenario and we American to represent African Ameri- going on in that time, and there are reverse the roles, our Supreme Court cans or anyone else in the State of Ala- funny things going on now; all designed essentially is suggesting that exactly bama in 117 years. to assure that the minority community what we would have rejected in South I, too, come, being the fourth from does not have representation in this Africa is what we should be doing in the State, the fourth African Amer- body. our democracy here in the United ican. But let me tell you about the sec- White I do not want to dwell on the States. ond and the third. They never served. historical context, I do think it is im- It is outrageous. It makes no sense in They were elected, but they never portant to get it into a historical con- terms of fairness. It makes no sense in served, because their elections were a text so that people understand that terms of the political and historical re- challenged, and that is a tragedy. But this is not something that we come to alities of the situation. it is all reflective of what our country complain about just because it is hap- So, I applaud the gentlewoman from has undergone during our short his- pening in 1990. This has been going on Texas, Ms. EDDIE BERNICE JOHNSON and tory. for well over a hundred years, and for the gentlewoman from Georgia, Ms. Unfortunately, there are those in the us, it has been going on in this country MCKINNEY and the gentlewoman from majority that believe in democracy but ever since we came to these shores. Florida, Ms. BROWN. I applaud all of do not believe in diversity. They will Ms. MCKINNEY. I think the gentle- these gentlewomen for doing this this use such terms as equality, such terms man’s point about the historical con- evening, and bringing this issue back as colorblind society to justify why text in which this whole drama that is into focus. Especially, since on Tues- there are not nor should not be Afri- not being played out must be viewed is day of this coming week, the Supreme can-Americans in Congress or in the very important. To reiterate, 21 times Court is, again, hearing oral arguments State houses or in city halls anywhere blacks had their elections challenged, in the North Carolina case and in the in this country. blacks in Congress had their elections Texas case. Ms. EDDIE BERNICE JOHNSON of challenged. Right now, we are looking Our Nation and our people need to be Texas. Mr. Speaker, what is color- at challenges that have been filed or focused on this issue and why it is im- blind? Does that mean we are invisible? are planning to be filed in Virginia, portant to have every segment of our Mr. HILLIARD. I would think in the North Carolina, South Carolina legisla- society represented if we are to have an context that it is used by those who are tive districts, Georgia, Florida, Louisi- effective democracy in this country. against diversity, against African- ana, Texas, Mississippi, New York, and Ms. BROWN of Florida. Will the gen- Americans participating in the demo- Illinois. You are absolutely right, that tleman yield just for one moment be- cratic process in this country, it means this is not anything new. fore he leaves? Can the gentleman from invisible, yes. November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13801 Ms. EDDIE BERNICE JOHNSON of this is our country, and we are going to in Texas were to preserve the incum- Texas. Mr. Speaker, I thank the gen- fight for this country, that this is the bents? tleman. greatest country in the world. But they Ms. MCKINNEY. The gentlewoman Mr. HILLIARD. Mr. Speaker, that do not understand that, when you fol- from Texas, from Dallas, as well as the means that you do not participate. low the rules, get education and train- gentlewoman from Houston have both The point I was making is a very ing, that the opportunities are dif- endured constitutional challenges to simple point. Throughout history, ferent for you. their districts where the lower court those persons who have been in the ma- Mr. HILLIARD. And limited. found that their districts were uncon- jority always seek ways and vehicles to Ms. EDDIE BERNICE JOHNSON of stitutional. protect their majority status in every Texas. I believe strongly that I have Ms. EDDIE BERNICE JOHNSON of respect, if you look at any country. represented the district that I was Texas. The second time around. Ms. MCKINNEY. Mr. Speaker, pro- elected in as well or better than any Ms. MCKINNEY. Mr. Speaker, the tecting majority status, there is noth- previous elected official. I have an- district in Dallas was found unconsti- ing wrong with that. Our presence in swered mail. I have never referred to tutional, and the district in Houston, this body does not threaten the major- my constituents as ‘‘you people.’’ I more than ably represented by Con- ity status. have been responsive. I have not just gresswoman SHEILA JACKSON-LEE, was Mr. HILLIARD. Well, it does not sent form letters. I have researched the also found unconstitutional. threaten it from the standpoint, from issues. And I try very hard to come be- Ms. BROWN of Florida. Mr. Speaker, your standpoint. That is because I am fore them to listen. I have learned a lot I forgot to say that 20 years ago Bar- sure you believe in diversification. You by listening. bara Jordan represented this district, and that is really frightening because believe in participation by everyone. Ms. MCKINNEY. Mr. Speaker, my But protection of the majority status colleague has given representation all we are talking about regression here. to those persons that I have come in of the time whereas before it was rep- This is the district that was held by contact with and, as I say, I am from resentation some of the time. Barbara Jordan, one of the first fe- the South, means that everything has Ms. EDDIE BERNICE JOHNSON of males elected to Congress. Ms. MCKINNEY. Barbara Jordan’s to be the way of the majority, which Texas. Yes, the representation from my historic district has now been found means they do not appreciate diver- area and for me meant seeing my elect- unconstitutional. sity. And they are not interested in ed official once every couple of years at Ms. JACKSON-LEE. Mr. Speaker, I districts if the districts produce Afri- some of the churches or buying a tick- thank the gentlewoman from Georgia can-American Representatives, or any et or a table to a church or the NAACP because we have spent many hours dis- minority Representatives. banquet. That was my representation. cussing our families and our sons. How Ms. MCKINNEY. Mr. Speaker, I have Ms. BROWN of Florida. You mean important it is for us to give encour- a 10-year-old son. My son accompanies your representation was not showing agement to young people, as my col- me on the floor of this House. Now, if up once a year at the festival? league from Texas has already men- my presence here threatens the major- Ms. EDDIE BERNICE JOHNSON of tioned. I listened passionately, as oth- ity status, how do I explain that to my Texas. I can guarantee you, they ers were speaking passionately. I might son when he clearly looks around and showed up every other year and at the remind us, as this comes somewhat to says: ‘‘Well, mama, there ain’t enough churches. a close, of the words that the gen- of you. There ain’t very many women Ms. BROWN of Florida. I think rep- tleman from North Carolina [Mr. resentation, one of the things that the in this body. There ain’t very many Af- WATT] offered about the last African- rican-Americans in this body.’’ So research will have shown is that, when American preceding this era who what is threatened by my presence in African-Americans are elected, they served here in the House and who had this body? represent all of the people. When we to leave not of his own accord in 1901. Mr. HILLIARD. Mr. Speaker, it is the fight for school lunch programs, I want I think it is important because, as the same type of threat that is pervasive every last one of our kids to eat all American people are watching, they throughout our society. Even if we over the country, really. are looking at two gentlewomen from look at affirmative action policies, Ms. EDDIE BERNICE JOHNSON of Florida, and the gentleman from Ala- which is very much akin to this issue Texas. When I look out for corporate bama, and the gentleman from North and to this argument. Set-asides, 5 per- opportunities, for research and devel- Carolina, and all of us look alike. And cent. It is a threat because it is not 100 opment, rarely are those large busi- they might wonder what is this issue. percent. They want 100 percent. So nesses owned by people that look like It is an issue of democracy. It is an they are against affirmative action. me. But I believe strongly that, when issue that would be as attractive and They are against set-asides. And we are we have a strong business community should be to our Hispanic brothers and only talking about 5 out of 100 percent. and lots of research to look out for the sisters, our white brothers and sisters, But that is 5 percent that is too much, future, that it is good for all of us. But our Asian brothers and sisters, because because they cannot have it also. That all of us then must have some oppor- it is a question of disenfranchising peo- is the type of threat that is in our soci- tunity in it. ple. And on December 5, 1995, we will ety. It has been here. We will fight the wars. We will help again be in the U.S. Supreme Court Ms. MCKINNEY. So those who have to do things. But when we are treated challenging some of the districts in 96 percent are not satisfied unless there as invisibles or unwanteds, then it does Texas and North Carolina. is 100 percent? not encourage my children or my Might I say something that I take Mr. HILLIARD. Absolutely. Unfortu- grandchildren to go to college, to go to great offense at, in fact I am appalled, nately, this is also the philosophy of training, to be well equipped, because and I might simply give just a very the highest court in our land and the they see parents are having a struggle small, small summary of that case. The Supreme Court. And it does not allow after they have done it. They do not petitioners in the Richards versus Vera for diversity in anything. know whether there will be an oppor- case, the Texas case in particular, I am going to yield, because my col- tunity. came to sue that whole redistricting league from Texas has been here pa- There is no understanding in my plan. They sued the whole State of tiently, and she has some things to say. community why the district that I rep- Texas. They said the whole plan was Ms. EDDIE BERNICE JOHNSON of resent is being attacked. Because, you wrong. But when it came down to a Texas. Let me express my appreciation see, it is less than 50 percent African- final solution, the only districts that for the sponorship of this hour. I will American, and we have districts in they held unconstitutional were the not dwell on the history of Texas be- Texas that are 88 and 90 percent Anglo, 29th, Hispanic district, the 30th in Dal- cause we all know it. But I want to but they are constitutional. I do not las, and, of course, the 18th, all of dwell on the present. understand that. Are they unconstitu- which were very much diverse, mine We have encouraged our children and tional because it happens to be a few being under 50 percent African-Amer- our grandchildren that this democracy more that the incumbents allowed me ican. But the court said that these dis- is worth dying for. We have said that to put in a district, because our efforts tricts were like racial apartheid. H 13802 CONGRESSIONAL RECORD — HOUSE November 29, 1995 I take great issue to describe demo- to grab something that does not belong the Voting Rights Act allowed us that cratically drawn districts that allow to us or grab something for our per- are now under attack because they people to select a person of their choos- sonal selves. What will happen is your have been so successful. ing as an ugly term compared to South constituents, those who you represent Ms. BROWN of Florida. In closing, Africa of racial Apartheid. To the at this point, will be denied the oppor- next week, when the Supreme Court American people, that is not true. It is tunity to select someone of their will hear the arguments in another re- something that you should not accept. choosing, and that person can be of any apportionment case, let me say that I It is simply the adding of diversity. array of individuals, but they have the have faith in the system, and I do be- Ms. MCKINNEY. Mr. Speaker, I opportunity now, more than they have lieve that the Supreme Court can clear would like to point out what the gen- ever had before in history, to do so, but up what they have started in 1993 in tlewoman has referred to. The entire this body is also a republic. Shaw versus Reno and acknowledge map of Texas was challenged, and they Some people always hear the word what really drives districts. It is not picked over this district. Talking about ‘‘Republican’’ because it is in the ma- race; it is politics. It is politics, my the lower court, the three judge panel jority right now. A republic means that colleagues. It is politics. found this district here, which is 91 you have a representative body and Ms. MCKINNEY. I would just like to percent white, constitutional. They did that we are all not alike. Before the say in conclusion thank you to all of not find anything wrong with that dis- Voter Rights Act of 1965 they were all the Members of this body who have trict. They had to leap all the way to alike, and in fact until women got the come to me personally and, I am sure, Barbara Jordan’s district and say: Now, right to vote, they were all alike, and have come to each of the other Mem- no, we do not want people like Barbara it is since these laws have created op- bers who are on this floor right now to Jordan in Congress, so her district is portunities we have seen women com- express their concern about what is unconstitutional; but this district ing to the U.S. Congress, and we have happening in redistricting, and how right here withstands constitutional seen minorities, and particularly Afri- valuable our participation is and how scrutiny. can-Americans, Hispanics, and we have valuable the notion of diversity is to Ms. JACKSON-LEE. Until the Voting Asians coming into this body; that is a having policies produced that are Rights Act was in place, the Hon. Bar- republic. That is what we are saying to meaningful to the broad spectrum of bara Jordan would not have been in the the American people. the American electorate. U.S. Congress to represent all of the Why would the Constitution be se- f people and all Americans. lected to undermine the rights of citi- MONTGOMERY BUS BOYCOTT Ms. MCKINNEY. The gentlewoman is zens to select someone of their choos- absolutely right. ing? The SPEAKER pro tempore. Under a I would like to conclude by saying Ms. MCKINNEY. The Supreme Court previous order of the House, the gen- that I know that there are people who has taken the bold step of declaring the tleman from Alabama [Mr. HILLIARD] is understand this issue, who are not district that I represent unconstitu- recognized for 5 minutes. asleep during the counterrevolution tional. I do not lose. The people of Mr. HILLIARD. Mr. Speaker, this and who truly appreciate that there is America lose. And if each one of us is Friday marks the 40th anniversary of something wrong when a district like taken out of this body, what kind of re- the Montgomery bus boycott and the the Sixth District of Texas can be public, what kind of democracy, can creation of the Montgomery Improve- found constitutional, and the districts America claim? ment Association. This Friday marks that we all represent can be found un- Is it that the Congressman from Ala- the start of an American journey. In constitutional or can be challenged as bama wants to say some concluding my home State of Alabama, 40 years to whether or not they are constitu- words? ago, African-Americans said they were tional. Mr. HILLIARD. I just want to add sick and tired of being mistreated and b 1845 that it is important that we preserve humiliated; sick and tired of being American democracy, and in order to kicked by the brutal feet of oppression; I received a letter dated November 9 preserve democracy we must make sure and sick and tired of being denied ac- from Richard Hamilton from that all persons in this country are cess to full American citizenship. Fleetwood, PA, and he says, ‘‘I’m a represented, that all persons partici- This was the most significant boy- white northern conservative Repub- pate, and there is no other way of cott of the civil rights movement. On lican. You have gained my respect doing it. December 1, 1955, when Mrs. Rosa through this speech. I wish there was Thus through district representation Parks decided not to stand up and some way I could help you with your it is what our forefathers would have move to the rear of the bus, this was problem. To lose someone like yourself fought for if we had had districts at the day when African-Americans stood through this redistricting is a tragedy that time, but because of the fact up to injustice and moved to the fore- for your district.’’ things were so small, there were so few front of the struggle to outlaw dis- This comes from the pen of a con- Americans, there was not a need for it. crimination, segregation and the no- servative, a staunch pro-gun, pro-life, But things have changed. Our Con- tion of separate but equal. small-government, low-taxes conserv- stitution has changed, and it has For 13 months, African-Americans in ative: changed because it wanted to make Montgomery refused to ride the buses. Government needs people like yourself. sure that protections that were not They refused to accept an unjust sys- Your voting record, I’m sure, would be di- granted before to those persons who tem that demoralized and humiliated rectly opposite to my views. No matter. This were absent are now granted. them. is a democracy. Even though I may not agree with some of your views, I respect them. So we need to, along without our The strength and spirit of these cou- Having heard you, I would be compelled to forefathers, make sure that everything rageous citizens captured the con- vote for you. You are qualified in every is constitutional and everyone has an sciousness of the entire world. sense. I would be honored to have you rep- opportunity to participate. A lawsuit was subsequently filed resent me in Congress. Sounds crazy; doesn’t Ms. MCKINNEY. I have a piece of leg- challenging the constitutionality of it? islation which has been introduced, bus segregation. The United States Su- Mr. Speaker, it does not sound crazy House Resolution 2545, which proposes preme Court found that the Montgom- at all. Mr. Hamilton gets it. a solution to this problem. It gets us to ery AL statutes regarding the segrega- Ms. JACKSON-LEE. Mr. Speaker, if color blindness, it gets us to republican tion of passenger seating was in viola- the gentlewoman will yield for just a representative democracy, it gets us to tion of the Constitution of the United moment, we say the word ‘‘democ- the kind of participation that we all States. On December 21, 1956, 13 months racy.’’ And I applaud her for that letter want and value in this country. after the boycott began, African-Amer- because that is a commonsense Amer- In the next special order we will talk icans boarded Montgomery City Line ican, and that is why I think this about some solutions to this problem buses free to sit where they pleased. evening is important, so that individ- that do not rely on single-Member dis- Mr. Speaker, I have introduced a res- uals understand that we are not trying tricts which have been the tool that olution recognizing the Montgomery November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13803 bus boycott as the beginning of the (The following Members (at the re- 1725. A letter from the Chief of Staff, The American civil rights movement. It is quest of Mr. PALLONE) and to include White House, transmitting certification that proper and appropriate for the House of extraneous matter:) no person or persons with direct or indirect responsibility for administering the Execu- Representatives to commemorate this Mr. ACKERMAN. tive Office of the President’s Drug Free historical event and pay tribute to the Mr. HAMILTON in three instances. Workplace Plan are themselves subject to a courageous women and men who placed Mr. KLECZKA. program of individual random drug testing, themselves in harm’s way in the pur- (The following Members (at the re- pursuant to section 624 of Public Law 104–52; suit of justice, fairness, and equal quest of Mrs. FOWLER) and to include jointly, to the Committee on Appropriations treatment under the laws. extraneous matter:) and Government Reform and Oversight. I urge my colleagues to support and Mr. WELDON of Pennsylvania. f cosponsor the resolution. Mr. SCARBOROUGH. REPORTS OF COMMITTEES ON f (The following Members (at the re- PUBLIC BILLS AND RESOLUTIONS quest of Mr. HILLIARD) and to include LEAVE OF ABSENCE Under clause 2 of rule XIII, reports of extraneous matter:) By unanimous consent, leave of ab- committees were delivered to the Clerk Mr. SOLOMON. sence was granted to: for printing and reference to the proper Mr. FLANAGAN. Mr. HEFNER (at the request of Mr. calendar, as follows: Mr. BORSKI. GEPHARDT), for today, on account of Mr. QUILLEN: Committee on Rules. House Mr. REED. medical reasons. Resolution 284. Resolution providing for con- Mrs. FOWLER. Mr. COSTELLO (at the request of Mr. sideration of the bill (H.R. 1788) to reform INK GEPHARDT), for today after 8 p.m. and Mrs. M of Hawaii. the statutes relating to Amtrak, to author- Thursday, November 30, 1995, on ac- Mr. RANGEL. ize appropriations for Amtrak, and for other Mr. DIXON. purposes (Rept. 104–370). Referred to the count of official business. House Calendar. f Mr. CONDIT. Mrs. MORELLA. f SPECIAL ORDERS GRANTED Mr. MORAN. PUBLIC BILLS AND RESOLUTIONS Mr. COX of California. By unanimous consent, permission to Under clause 5 of rule X and clause 4 Mrs. MEEK of Florida. address the House, following the legis- of rule XXII, public bills and resolu- Mr. BARCIA. lative program and any special orders tions were introduced and severally re- heretofore entered, was granted to: f ferred as follows: (The following Members (at the re- By Mr. BUNNING of Kentucky (for quest of Mr. PALLONE) to revise and ex- ADJOURNMENT himself, Mr. HASTERT, Mr. ARCHER, tend his remarks and include extra- Mr. HILLIARD. Mr. Speaker, I move Mr. JACOBS, Mr. SAM JOHNSON, Mr. neous material:) that the House do now adjourn. COLLINS of Georgia, Mr. PORTMAN, Ms. JACKSON-LEE, for 5 minutes, The motion was agreed to; accord- Mr. ENGLISH of Pennsylvania, Mr. today. ingly (at 6 o’clock and 55 minutes CHRISTENSEN, Mr. LAUGHLIN, Mr. Mr. ABERCROMBIE, for 5 minutes, p.m.), the House adjourned until to- CRANE, Mr. THOMAS, Mr. SHAW, Mrs. today. morrow, Thursday, November 30, 1995, JOHNSON of Connecticut, Mr. HOUGH- Ms. DELAURO, for 5 minutes, today. at 10 a.m. TON, Mr. HERGER, Mr. MCCRERY, Mr. Mrs. SCHROEDER, for 5 minutes, HANCOCK, Mr. CAMP, Mr. RAMSTAD, today. f Mr. ZIMMER, Mr. NUSSLE, Ms. DUNN of Washington, Mr. ENSIGN, Mr. MCCOL- Mr. PALLONE, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, Mr. MILLER of California, for 5 min- LUM, Mr. MCINTOSH, Mr. KNOLLEN- ETC. utes, today. BERG, Mr. GOSS, Mrs. SMITH of Wash- Mr. DURBIN, for 5 minutes, today. Under clause 2 of rule XXIV, execu- ington, Mr. MCDADE, Mr. EMERSON, Ms. PELOSI, for 5 minutes, today. tive communications were taken from Mr. FRELINGHUYSEN, Mr. BUNN of Or- Mr. SCHUMER, for 5 minutes, today. the Speaker’s table and referred as fol- egon, Mr. CHABOT, Mr. KOLBE, Mr. BALLENGER, Mr. BACHUS, Mr. SOLO- Mr. LEWIS of Georgia, for 5 minutes, lows: today. MON, Mr. CUNNINGHAM, Mr. 1720. A letter from the Under Secretary of LATOURETTE, Mr. METCALF, Mr. CAL- Mrs. LOWEY, for 5 minutes, today. Defense, transmitting a report of a violation VERT, Mr. FUNDERBURK, Mr. LEWIS of Mr. DOGGETT, for 5 minutes, today. of the Anti-Deficiency Act which occurred Kentucky, Mr. BURTON of Indiana, Mrs. CLAYTON, for 5 minutes, today. when food was provided to all participants of Mr. GUNDERSON, Mr. BLUTE, Mr. (The following Members (at the re- Task Force 130, U.S. Army South [USARSO] MYERS of Indiana, Mr. GALLEGLY, Mr. quest of Mrs. FOWLER) to revise and ex- and charge against Developing Countries HEINEMAN, Mr. COBLE, Mr. FOLEY, Mr. tend his remarks and include extra- Combined Exercise Program [DCCEP] funds, BARTLETT of Maryland, Mrs. FOWLER, neous material:) pursuant to 31 U.S.C. 1517(b); to the Commit- Mr. HANSEN, Mr. SAXTON, Mr. Mr. KIM, for 5 minutes, today. tee on Appropriations. BOEHNER, Mr. FIELDS of Texas, Mr. Mr. HORN, for 5 minutes, today. 1721. A letter from the Under Secretary of STEARNS, Mr. BEREUTER, Mr. BARTON Mr. SCARBOROUGH, for 5 minutes, Defense, transmitting a report of a violation of Texas, Mr. BLILEY, Mr. HAYWORTH, today. of the Anti-Deficiency Act totaling $45,488 in Mr. COOLEY, Mr. BASS, Mrs. KELLY, Mr. TIAHRT, for 5 minutes, today and the fiscal year 1989 Operation and Mainte- Mr. LARGENT, Mr. INGLIS of South on November 30. nance, Air Force appropriation, which oc- Carolina, Mr. EWING, Mr. LUCAS, Mr. curred in the 3d Tactical Fighter Wing at Mr. KINGSTON, for 5 minutes, today. SCHAEFER, Mr. TORKILDSEN, Mr. MIL- (The following Member (at his own Clark Air Base in the Republic of the Phil- LER of Florida, Mr. FOX, Mr. BOEH- ippines, pursuant to 31 U.S.C. 1517(b); to the request) to revise and extend his re- LERT, Mr. CLINGER, Mr. GREENWOOD, Committee on Appropriations. Mr. NETHERCUTT, Mr. STUMP, Mr. marks and include extraneous mate- 1722. A letter from the Under Secretary of JONES, Mr. FRISA, Mrs. MORELLA, Mr. rial:) Defense, transmitting a report of four relat- NORWOOD, Mr. TALENT, Mr. WELDON Mr. OWENS, for 5 minutes, today. ed violations of the Anti-Deficiency Act, pur- of Pennsylvania, Mr. EHRLICH, Mr. (The following Members (at their own suant to 31 U.S.C. 1517(b); to the Committee ROYCE, Mr. SALMON, Mrs. VUCANO- request) to revise and extend their re- on Appropriations. VICH, Mr. SMITH of New Jersey, Mr. marks and include extraneous mate- 1723. A letter from the Chairman, Council DORNAN, Mr. HOSTETTLER, Mr. BUYER, rial:) of the District of Columbia, transmitting a Mr. ROBERTS, Mr. SHAYS, Mr. UPTON, Mrs. NORTON, for 5 minutes, today. copy of D.C. Act 11–150, ‘‘Budget Support and Mr. CLEMENT): Mr. TAYLOR of Mississippi, for 5 min- Temporary Act of 1995,’’ pursuant to D.C. H.R. 2684. A bill to amend title II of the So- utes, today. Code, section 1–233(c)(1); to the Committee cial Security Act to provide for increases in on Government Reform and Oversight. the amounts of allowable earnings under the f 1724. A letter from the Chairman, Federal Social Security earnings limit for individ- EXTENSION OF REMARKS Election Commission, transmitting a correc- uals who have attained retirement age, and tion to the proposed regulations governing for other purposes; to the Committee on By unanimous consent, permission to communications disclaimer requirements (11 Ways and Means. revise and extend remarks was granted C.F.R. sections 110.11), pursuant to 2 U.S.C. By Mr. THOMAS (for himself and Mr. to: 438(d); to the Committee on House Oversight. BILIRAKIS): H 13804 CONGRESSIONAL RECORD — HOUSE November 29, 1995

H.R. 2685. A bill to repeal the Medicare and wan of the Republic of China; to the Com- H.R. 2671: Mr. CRAMER, Ms. LOFGREN, Ms. Medicaid coverage data bank; to the Com- mittee on International Relations. MCKINNEY, Mrs. KENNELLY, Ms. MCCARTHY, mittee on Ways and Means, and in addition 179. Also, memorial of the Legislature of Ms. FURSE, Mr. MCNULTY, Mr. DOYLE, Ms. to the Committee on Commerce, for a period the State of Alaska, relative to requesting WOOLSEY, and Mr. COBURN. to be subsequently determined by the Speak- the Congress to amend the Alaska National H. Con. Res. 50: Mr. BATEMAN. er, in each case for consideration of such pro- Interest Lands Conservation Act to clarify f visions as fall within the jurisdiction of the that the term ‘‘public lands’’ means only committee concerned. Federal land and water and that any exten- PETITIONS, ETC. By Mr. FRANK of Massachusetts (for sion of Federal jurisdiction onto adjacent Under clause 1 of rule XXII, petitions himself, Mr. SHAYS, Mr. BRYANT of land and water is expressly prohibited; to the and papers were laid on the Clerk’s Texas, Mr. TRAFICANT, Mr. SAWYER, Committee on Resources. desk and referred as follows: Mr. BROWN of Ohio, and Ms. KAPTUR): f H.R. 2686. A bill to provide for additional 48. The SPEAKER presented a petition of the city council of the city of Compton, CA, lobbying reform measures; to the Committee ADDITIONAL SPONSORS on the Judiciary. relative to urging the President and the Con- gress of the United States to abandon strict By Mr. MCCOLLUM (for himself, Mr. Under clause 4 of rule XXII, sponsors partisanship and conduct serious negotia- SCHUMER, Mr. COBLE, Mr. HEINEMAN, were added to public bills and resolutions on the Federal budget; to the Commit- Mr. BRYANT of Tennessee, and Ms. tions as follows: tee on the Budget. LOFGREN): H.R. 26: Mr. TORRICELLI. f H.R. 2687. A bill to amend the anti-car H.R. 104: Ms. DANNER. theft provisions of title 49, United States H.R. 497: Mr. TATE, Mr. CONYERS, Mr. AMENDMENTS Code to increase the utility of motor vehicle FRAZER, Mr. LAHOOD, Mr. TIAHRT, Ms. WOOL- Under clause 6 of rule XXIII, pro- title information to State and Federal law SEY, and Mr. METCALF. enforcement officials and for other purposes; H.R. 528: Mr. SAXTON, Mr. LUCAS, Mr. posed amendments were submitted as to the Committee on the Judiciary. MYERS of Indiana, Mr. DOOLEY, Mr. TANNER, follows: By Mrs. MORELLA (for herself, Mr. Mr. WISE, and Mr. VENTO. H.R. 1788 FRAZER, Mr. LEWIS of Georgia and H.R. 572: Mr. TORRICELLI. OFFERED BY: MR. CLEMENT Mr. LIPINSKI): H.R. 580: Mr. KINGSTON. H.R. 2688. A bill to amend chapter 87 of AMENDMENT NO. 2: Page 36, after line 21, in- H.R. 852: Mr. PORTER. sert the following new section: title 5, United States Code, to provide that H.R. 972: Mr. BAESLER. SEC. 617. RAILROAD LOAN GUARANTEES. the reduction in additional optional life in- H.R. 1073: Mrs. LINCOLN and Mr. GONZALEZ. surance for Federal retirees shall not apply (a) DECLARATION OF POLICY.—Section 101(a) H.R. 1074: Mrs. LINCOLN and Mr. GONZALEZ. of the Railroad Revitalization and Regu- if the beneficiary is permanently disabled; to H.R. 1152: Mr. COLEMAN. the Committee on Government Reform and latory Reform Act of 1976 (45 U.S.C. 801(a)(4)) H.R. 1202: Mr. LEACH, Mr. FILNER, Mr. ACK- is amended to read as follows: Oversight. ERMAN, Mr. OLVER, Mrs. MINK of Hawaii, Mr. By Mr. POSHARD: ‘‘(4) continuation of service on, or preser- WYDEN, and Mr. SMITH of New Jersey. vation of, light density lines that are nec- H.R. 2689. A bill to designate the U.S. H.R. 1305: Mr. LIPINSKI, Mr. Courthouse located at 301 West Main Street essary to continued employment and com- FALEOMAVAEGA, and Ms. MCKINNEY. munity well-being throughout the United in Benton, IL, as the ‘‘James L. Foreman H.R. 1448: Mr. MCCOLLUM. United States Courthouse’’; to the Commit- States;’’. H.R. 1496: Mr. FILNER and Mr. DURBIN. (b) MAXIMUM RATE OF INTEREST.—Section tee on Transportation and Infrastructure. H.R. 1656: Mr. GONZALEZ, Mr. SCOTT, Mr. 511(f) of the Railroad Revitalization and Reg- By Mr. STEARNS: YATES, Ms. KAPTUR, Mrs. MEEK of Florida, ulatory Reform Act of 1976 (45 U.S.C. 831(f)) H.R. 2690. A bill to establish limitation Mr. LIPINSKI, and Mrs. MINK of Hawaii. is amended by striking ‘‘shall not exceed an with respect to the disclosure and use of ge- H.R. 1701: Mr. VENTO. annual percentage rate which the Secretary netic information, and for other purposes; to H.R. 1733: Mr. HOUGHTON, Mr. CAMP, and determines to be reasonable, taking into the Committee on Commerce, and in addi- Mr. EHLERS. consideration the prevailing interest rates tion to the Committees on Government Re- H.R. 1818: Mr. MCCOLLUM. for similar obligations in the private mar- form and Oversight, and Economic and Edu- H.R. 1834: Mr. LIGHTFOOT, Mr. OXLEY, and ket.’’ and inserting in lieu thereof ‘‘shall not cational Opportunities, for a period to be Mr. SPENCE. exceed the annual percentage rate charged subsequently determined by the Speaker, in H.R. 1876: Mr. COSTELLO. equivalent to the cost of money to the each case for consideration of such provi- H.R. 1883: Mr. KINGSTON. United States.’’. sions as fall within the jurisdiction of the H.R. 1893: Mr. DELLUMS. (c) MINIMUM REPAYMENT PERIOD AND PRE- committee concerned. H.R. 1968: Mrs. MORELLA. PAYMENT PENALTIES.—Section 511(g)(2) of the By Ms. VELAZQUEZ: H.R. 1985: Mr. MARTINI, Mr. MCCOLLUM, and Railroad Revitalization and Regulatory Re- H.R. 2691. A bill to amend the Public Mr. FOX. form Act of 1976 (45 U.S.C. 831(g)(2)) is Health Service Act to prohibit discrimina- H.R. 2009: Mr. CALVERT. amended to read as follows: tion regarding exposure to hazardous sub- H.R. 2144: Mr. BARCIA of Michigan. ‘‘(2) payment of the obligation is required stances; to the Committee on Commerce. H.R. 2205: Mr. POMEROY. by its terms to be made not less than 15 By Mr. CANADY: H.R. 2240: Mr. FRANKS of New Jersey. years nor more than 25 years from the date H. Con. Res. 116. Concurrent resolution di- H.R. 2264: Mr. BORSKI. of its execution, with no penalty imposed for recting the Secretary of the Senate to make H.R. 2265: Mr. CLYBURN. prepayment after 5 years;’’. technical corrections in the enrollment of S. H.R. 2531: Mr. SAM JOHNSON, Mr. HORN, Mr. (d) DETERMINATION OF REPAYABILITY.—Sec- 1060; considered and agreed to. CRAPO, Mr. MARTINEZ, Mr. DORNAN, and Mr. tion 511(g)(5) of the Railroad Revitalization By Mr. HILLIARD: FOLEY. and Regulatory Reform Act of 1976 (45 U.S.C. H. Res. 285. Resolution to recognize and H.R. 2551: Mrs. MEEK of Florida, Mr. JA- 831(g)(5) is amended to read as follows: celebrate the 40th anniversary of the Mont- COBS, Mr. CRAMER, Mr. DELLUMS, Mr. GON- ‘‘(5) either the loan can reasonably be re- gomery bus boycott; to the Committee on ZALEZ, Mr. SCOTT, Mr. MCDERMOTT, and Mr. paid by the applicant or the loan is Government Reform and Oversight. BERMAN. collaterallized at no more than the current By Ms. WOOLSEY (for herself, Mrs. H.R. 2557: Mr. WELLER, Mr. JOHNSON of value of assets being financed under this sec- LOWEY, Mr. HINCHEY, Mr. LIPINSKI, South Dakota, Mr. MINGE, Mrs. MEYERS of tion to provide protection to the United Ms. LOFGREN, Mr. MILLER of Califor- Kansas, Mr. NETHERCUTT, Mr. LATHAM, Mr. States;’’. nia, Ms. NORTON, Mr. SHAYS, Mr. LEWIS of Kentucky, Mr. MANZULLO, Mr. ROB- H.R. 1788 VENTO, and Mr. WYDEN): ERTS, and Mr. TIAHRT. OFFERED BY: MR. NADLER H. Res. 286. Resolution to limit the access H.R. 2566: Mr. DAVIS. of lobbyists to the Hall of the House; to the AMENDMENT NO. 3: Page 11, after line 11, in- H.R. 2602: Mr. MICA, Mr. STEARNS, Mr. sert the following new section: Committee on Rules. RIGGS, Mr. WELDON of Florida, Mr. SEC. 209. TRACKAGE RIGHTS FOR FREIGHT f FALEOMAVAEGA, and Mr. NEY. TRANSPORTATION. H.R. 2622: Mr. DURBIN. Section 24904 of title 49, United States MEMORIALS H.R. 2664: Mr. BALDACCI, Mr. MARTINEZ, Mr. Code, is amended— Under clause 4 of rule XXII, memori- BURTON of Indiana, Mr. KIM, Mr. EHRLICH, (1) in subsection (a)— Mr. GILCHREST, Mr. YATES, Mr. BROWN of als were presented and referred as fol- (A) by striking ‘‘rail freight or’’ in para- California, Mr. LUCAS, Mr. BARR, Mr. graph (6); lows: LATOURETTE, Mr. STOCKMAN, Mr. QUILLEN, (B) by striking ‘‘and’’ at the end of para- 178. By the SPEAKER: Memorial of the Mr. TORKILDSEN, Mr. FRAZER, Mr. SKELTON, graph (7); House of Representatives of the State of Mr. COX, Mr. PARKER, Mr. DEUTSCH, Mr. EV- (C) by striking the period at the end of Michigan, relative to establishing a sister- ERETT, Mr. BARRETT of Nebraska, and Mr. paragraph (8) and inserting in lieu thereof ‘‘; state relationship with the Province of Tai- CHRISTENSEN. and’’; and November 29, 1995 CONGRESSIONAL RECORD — HOUSE H 13805 (D) by adding at the end the following new way and facilities acquired under the Re- stricting the ability of Amtrak to enter into paragraph: gional Rail Reorganization Act of 1973 (45 such an agreement.’’; and ‘‘(9) consistent with safety and with prior- U.S.C. 701 et seq.) and the Railroad Revital- ity for intercity and commuter rail pas- ization and Regulatory Reform Act of 1976 (2) in subsection (c)(1) and (3), by inserting senger transportation, make agreements for (45 U.S.C. 801 et seq.), notwithstanding any ‘‘or (9)’’ after ‘‘subsection (a)(6)’’. rail freight transportation over rights-of- provision of law or contractual provision re- E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, NOVEMBER 29, 1995 No. 189 Senate

The Senate met at 10 a.m. and was power of death and reigns forever. At this time, I ask unanimous con- called to order by the President pro Amen. sent that the RECORD stay open for 15 tempore [Mr. THURMOND]. f days so that Senators may offer tributes to Dr. Halverson, and that these RECOGNITION OF THE MAJORITY PRAYER tributes be printed as a Senate docu- LEADER The Chaplain, Dr. Lloyd John ment. Ogilvie, made the following announce- The PRESIDENT pro tempore. The The PRESIDING OFFICER (Mr. ment and offered prayer: able majority leader, Senator DOLE, is FRIST). Without objection, it is so or- The Senate of the United States is a recognized. dered. family. We care for each other, rejoice f f with each other, and suffer with each TRIBUTE TO THE REVEREND DR. RECOGNITION OF THE MINORITY other. This morning, I announce to you RICHARD HALVERSON LEADER that the former Chaplain, Dr. Richard Mr. DOLE. Mr. President, as the Halverson, died last night. No person in The PRESIDING OFFICER. The Chaplain mentioned in his opening recent history has done more to enable Democratic leader is recognized. prayer, the Senate today is mourning the Senate to be a family of caring peo- f the passing of Dr. Richard Halverson. ple who support and encourage each As all Senators know, Dr. Halverson CELEBRATING THE LIFE OF DR. other than Dr. Halverson. served as our Chaplain from 1981 until RICHARD HALVERSON Let us pray: Blessed living Holy God, his retirement earlier this year. Mr. DASCHLE. Mr. President, the Sovereign of this Nation and this Sen- Throughout his service as Chaplain, majority leader has just spoken for all ate, we thank You for the way that Dr. Halverson was a friend and coun- of us. There is not a person in the Sen- You enrich our lives by the gift of per- selor not only to Senators, but to the ate today who has not had the good for- sons who care. We praise You for the entire Senate family. tune to benefit from the friendship of life of Richard Halverson, for 14 years As many of my colleagues said upon Dr. Halverson. the Chaplain of this Senate. We praise Dr. Halverson’s retirement, from Sen- Someone once said that life has no You for his integrity rooted in his inti- ate staffers to elevator operators to po- blessing like that of a good friend. Dr. mate relationship with You that radi- lice force members to electricians, it Halverson was a good friend to all of ated upon his face and was commu- would be impossible to tell how many us. Rather than mourn his death, it is nicated by his countenance. We thank lives Dr. Halverson touched here on appropriate to celebrate his life, be- You for the profound way that he cared Capitol Hill. cause, indeed, it was a celebration of for all of us and established deep rela- He came to the Senate after many joy, of blessing. It was a recognition tionships. He introduced people to You years of service to churches in Mis- that through his religious belief, ema- and helped them to grow as persons. souri, California, and Maryland. He was nating every morning as he came to We bless and praise You now, Lord, recognized worldwide as a great hu- this Chamber, we all felt a little as You are here with comfort and en- manitarian and traveled extensively stronger, we all felt a little better, we couragement for us. You are with his through his leadership of World Vision, all felt perhaps a little wiser, we all wife, Doris, his sons, Chris and Steve, the Campus Crusade for Christ, Chris- felt a little more able to work with and his daughter, Debbie. Put Your tian College Consortium, and the pray- each other. His contribution to his arms of love around them, giving them er breakfast movement. country and to this body will last for a hope. Mr. President, perhaps our colleague, long, long time. Lord, we thank You this morning for Senator NUNN, said it best earlier this So today we celebrate his life. We the assurance that this life is but a year when he called Dr. Halverson ‘‘our send our condolences to his wife, Doris, small part of the whole of eternity and friend, our colleague, our mentor, our and his family. We wish them the best. that death is only a transition in the adviser and, most of all, our example.’’ We recognize that in life comes midst of living for a man like Richard Later today, Senator DASCHLE and I achievement, and with his achieve- Halverson. will be submitting a resolution of con- ment, we all are the better. And so we thank You for him and dolence to be delivered to the Halver- I yield the floor. praise You for Your enrichment of our son family. It is my intent to include Mr. DOMENICI addressed the Chair. lives through him. Through Jesus all Members of the Senate as cospon- The PRESIDING OFFICER. The Sen- Christ, our Lord, Who has defeated the sors of this resolution. ator from New Mexico.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S 17699 S 17700 CONGRESSIONAL RECORD — SENATE November 29, 1995 Mr. DOMENICI. Parliamentary in- made here this morning and say that SECTION 1. SHORT TITLE; TABLE OF CONTENTS; quiry, is it appropriate that I speak for our lives have been so enriched by Dr. REFERENCES. 2 minutes? Halverson. He was the U.S. Senate (a) SHORT TITLE.—This Act may be cited as The PRESIDING OFFICER. Without the ‘‘Safe Drinking Water Act Amendments Chaplain, but he was a friend of the of 1995’’. objection, it is so ordered. Senators of this institution. (b) TABLE OF CONTENTS.—The table of con- f In our roles, so often we need to have tents of this Act is as follows: that camaraderie, that facilitator that ONE OF MY BEST FRIENDS Sec. 1. Short title; table of contents; ref- can help us in finding that higher wis- erences. Mr. DOMENICI. Mr. President, later dom and the inner peace. Richard Hal- Sec. 2. Findings. on, pursuant to the wishes of our lead- verson provided that to us. I know now Sec. 3. State revolving loan funds. er, I will have much more to say about that he has that inner peace, and we Sec. 4. Selection of contaminants; schedule. Reverend Halverson. I considered him share, as has been stated in the bless- Sec. 5. Risk assessment, management, and to be one of my best friends in the ings, having him as part of our lives communication. Sec. 6. Standard-setting; review of stand- whole world, but more than that, he here. cared for a lot of people. He was a true ards. Our prayers are with him, as well as Sec. 7. Arsenic. Chaplain, not just up here, but in the with Doris, Chris, and all of the family. Sec. 8. Radon. Halls and byways and offices of this We thank the Lord for providing him Sec. 9. Sulfate. place with families, with people who to us. Sec. 10. Filtration and disinfection. work for the Senate from the lowest I yield the floor. Sec. 11. Effective date for regulations. paid to the highest paid. He took care Mr. DOLE addressed the Chair. Sec. 12. Technology and treatment tech- of them. The PRESIDING OFFICER. The ma- niques; technology centers. He was very, very sick, particularly jority leader is recognized. Sec. 13. Variances and exemptions. the last 3 weeks. I talked to his wife, Sec. 14. Small systems; technical assistance. f Sec. 15. Capacity development; finance cen- Doris, this morning, his son Steven. SCHEDULE ters. Chris, his other son, was not there. It is Sec. 16. Operator and laboratory certifi- kind of wonderful to see their expres- Mr. DOLE. Mr. President, briefly, I cation. sions, because they obviously believe advise my colleagues that, as indi- Sec. 17. Source water quality protection and they are very, very confident he is cated, we will begin consideration of S. partnerships. very happy today and that he is in ev- 1316, the Safe Drinking Water Act. It is Sec. 18. State primacy; State funding. erlasting life. That is marvelous to see, also possible that during today’s ses- Sec. 19. Monitoring and information gather- sion the Senate will consider the VA– ing. because that is just the way he would Sec. 20. Public notification. want their faith to be. HUD appropriations conference report, Sec. 21. Enforcement; judicial review. So not only to that family, but to all if it is received from the House. I think Sec. 22. Federal agencies. his large family here and everywhere in it is fair to say that we will have roll- Sec. 23. Research. this city, and other places that he call votes. I understand that Senator Sec. 24. Definitions. served, I think I can join with all of CHAFEE will be indicating there are a Sec. 25. Ground water protection. them in saying very simply that we number of amendments. Some will re- Sec. 26. Lead plumbing and pipes; return thank God Almighty for sending people quire rollcalls. flows. Sec. 27. Bottled water. like Dr. Halverson to us. We hope to complete action on the Sec. 28. Assessing environmental priorities, I yield the floor. Safe Drinking Water Act, if not late costs, and benefits. Mr. CHAFEE addressed the Chair. today, by some time late afternoon to- Sec. 29. Other amendments. The PRESIDING OFFICER. The Sen- morrow. At that time, I hope to an- (c) REFERENCES TO TITLE XIV OF THE PUB- ator from Rhode Island. nounce the schedule for the remainder LIC HEALTH SERVICE ACT.—Except as other- f of the week. It may be that there may wise expressly provided, whenever in this A CONSTANT GOOD EXAMPLE—DR. be a pro forma session only on Friday, Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a RICHARD HALVERSON or, if possible, we could take up additional conference reports if received section or other provision, the reference Mr. CHAFEE. Mr. President, I think from the House. shall be considered to be made to a section the words that we ‘‘celebrate the life of I yield the floor. or other provision of title XIV of the Public Richard Halverson’’ are appropriate. Health Service Act (commonly known as the f Richard Halverson, as has been pointed ‘‘Safe Drinking Water Act’’) (42 U.S.C. 300f et out, served as Chaplain here for 16 RESERVATION OF LEADER TIME seq.). years. SEC. 2. FINDINGS. The PRESIDING OFFICER. Under Congress finds that— As has been mentioned, he did not re- the previous order, the leadership time strict his duties to just the opening (1) safe drinking water is essential to the is reserved. protection of public health; prayer. He came to see us when we had f (2) because the requirements of title XIV of difficulties. He was a constant mentor, the Public Health Service Act (commonly as has previously been suggested, and a SAFE DRINKING WATER ACT known as the ‘‘Safe Drinking Water Act’’) (42 constant good example. He epitomized AMENDMENTS U.S.C. 300f et seq.) now exceed the financial what leading the Christian life is all The PRESIDING OFFICER. Under and technical capacity of some public water about. the previous order, the Senate will now systems, especially many small public water So we have been blessed to have proceed to the consideration of S. 1316, systems, the Federal Government needs to provide assistance to communities to help known him. His life is one we all which the clerk will report. should celebrate and try to emulate to the communities meet Federal drinking The legislative clerk read as follows: water requirements; the greatest extent possible. So to all A bill (S. 1316) to reauthorize and amend (3) the Federal Government commits to of his family, we send our very best title XIV of the Public Health Service Act take steps to foster and maintain a genuine wishes at this extremely difficult time, (commonly known as the ‘‘Safe Drinking partnership with the States in the adminis- and our deepest condolences. Water Act’’), and for other purposes, which tration and implementation of the Safe Mr. KEMPTHORNE addressed the had been reported from the Committee on Drinking Water Act; Chair. Environment and Public Works, with amend- (4) States play a central role in the imple- The PRESIDING OFFICER. The Sen- ments, as follows: mentation of safe drinking water programs, ator from Idaho [Mr. KEMPTHORNE] is (The parts of the bill intended to be and States need increased financial re- recognized. stricken are shown in boldface brack- sources and appropriate flexibility to ensure ets and the parts of the bill intended to the prompt and effective development and f implementation of drinking water programs; be inserted are shown in italic.) OUR LIVES WERE ENRICHED BY (5) the existing process for the assessment S. 1316 DR. RICHARD HALVERSON and regulation of additional drinking water Be it enacted by the Senate and House of Rep- contaminants needs to be revised and im- Mr. KEMPTHORNE. Mr. President, I resentatives of the United States of America in proved to ensure that there is a sound sci- join in the statements that have been Congress assembled, entific basis for drinking water regulations November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17701 and that the standards established address procedures as the Administrator may pre- ‘‘(B) for fiscal year 1998 and each subse- the health risks posed by contaminants; scribe; and quent fiscal year, a formula that allocates to (6) procedures for assessing the health ef- ‘‘(8) the State has adopted policies and pro- each State the proportional share of the fects of contaminants and establishing cedures to ensure that loan recipients are State needs identified in the most recent drinking water standards should be revised reasonably likely to be able to repay a loan. survey conducted pursuant to section 1475(c), to provide greater opportunity for public ‘‘(c) ADMINISTRATION OF STATE LOAN except that the minimum proportionate education and participation; FUNDS.— share provided to each State shall be the (7) in setting priorities with respect to the ‘‘(1) IN GENERAL.—The authority to estab- same as the minimum proportionate share health risks from drinking water to be ad- lish assistance priorities for financial assist- provided under subparagraph (A). dressed and in selecting the appropriate level ance provided with amounts deposited into ‘‘(2) OTHER JURISDICTIONS.—The formula es- of regulation for contaminants in drinking the State loan fund shall reside in the State tablished pursuant to paragraph (1) shall re- water, risk assessment and benefit-cost anal- agency that has primary responsibility for serve 0.5 percent of the amounts made avail- ysis are important and useful tools for im- the administration of the State program able to carry out this part for a fiscal year proving the efficiency and effectiveness of under section 1413, after consultation with for providing direct grants to the jurisdic- drinking water regulations to protect human other appropriate State agencies (as deter- tions, other than Indian Tribes, referred to health; mined by the State). in subsection (f). (8) more effective protection of public ‘‘(2) FINANCIAL ADMINISTRATION.—A State ‘‘(c) RESERVATION OF FUNDS FOR INDIAN health requires— may combine the financial administration of TRIBES.— (A) a Federal commitment to set priorities the State loan fund pursuant to this part ‘‘(1) IN GENERAL.—For each fiscal year, that will allow scarce Federal, State, and with the financial administration of a State prior to the allotment of funds made avail- local resources to be targeted toward the water pollution control revolving fund estab- able to carry out this part, the Adminis- drinking water problems of greatest public lished by the State pursuant to title VI of trator shall reserve 1.5 percent of the funds health concern; and the Federal Water Pollution Control Act (33 for providing financial assistance to Indian (B) maximizing the value of the different U.S.C. 1381 et seq.), or other State revolving Tribes pursuant to subsection (f). and complementary strengths and respon- funds providing financing for similar pur- ‘‘(2) USE OF FUNDS.—Funds reserved pursu- sibilities of the Federal and State govern- poses, if the Administrator determines that ant to paragraph (1) shall be used to address ments in those States that have primary en- the grants to be provided to the State under the most significant threats to public health associated with public water systems that forcement responsibility for the Safe Drink- this part, and the loan repayments and inter- serve Indian Tribes, as determined by the ing Water Act; and est deposited into the State loan fund pursu- Administrator in consultation with the Di- (9) compliance with the requirements of ant to this part, will be separately accounted rector of the Indian Health Service and In- the Safe Drinking Water Act continues to be for and used solely for the purposes of and in dian Tribes. a concern at public water systems experienc- compliance with the requirements of this ‘‘(3) NEEDS ASSESSMENT.—The Adminis- ing technical and financial limitations, and part. trator, in consultation with the Director of Federal, State, and local governments need ‘‘(3) TRANSFER OF FUNDS.— the Indian Health Service and Indian Tribes, more resources and more effective authority ‘‘(A) IN GENERAL.—Notwithstanding any shall, in accordance with a schedule that is to attain the objectives of the Safe Drinking other provision of law, a Governor of a State consistent with the needs surveys conducted Water Act. may— pursuant to section 1475(c), prepare surveys ‘‘(i) reserve up to 50 percent of a capitaliza- SEC. 3. STATE REVOLVING LOAN FUNDS. and assess the needs of drinking water treat- tion grant made pursuant to section 1472 and The title (42 U.S.C. 300f et seq.) is amended ment facilities to serve Indian Tribes, in- by adding at the end the following: add the funds reserved to any funds provided cluding an evaluation of the public water to the State pursuant to section 601 of the ‘‘PART G—STATE REVOLVING LOAN systems that pose the most significant Federal Water Pollution Control Act (33 FUNDS threats to public health. U.S.C. 1381); and ‘‘GENERAL AUTHORITY ‘‘(d) TECHNICAL ASSISTANCE FOR SMALL ‘‘(ii) reserve in any year a dollar amount ‘‘SEC. 1471. (a) CAPITALIZATION GRANT SYSTEMS.— up to the dollar amount that may be re- AGREEMENTS.—The Administrator shall offer ‘‘(1) DEFINITIONS.—In this subsection: served under clause (i) for that year from to enter into an agreement with each State ‘‘(A) SMALL SYSTEM.—The term ‘small sys- capitalization grants made pursuant to sec- to make capitalization grants to the State tem’ means a public water system that tion 601 of such Act (33 U.S.C. 1381) and add pursuant to section 1472 (referred to in this serves a population of 10,000 or fewer. the reserved funds to any funds provided to part as ‘capitalization grants’) to establish a ‘‘(B) TECHNICAL ASSISTANCE.—The term the State pursuant to section 1472. drinking water treatment State revolving ‘technical assistance’ means assistance pro- ‘‘(B) STATE MATCH.—Funds reserved pursu- loan fund (referred to in this part as a ‘State vided by a State to a small system, including ant to this paragraph shall not be considered loan fund’). assistance to potential loan recipients and to be a State match of a capitalization grant ‘‘(b) REQUIREMENTS OF AGREEMENTS.—An assistance for planning and design, develop- agreement entered into pursuant to this sec- required pursuant to this title or the Federal ment and implementation of a source water tion shall establish, to the satisfaction of the Water Pollution Control Act (33 U.S.C. 1251 quality protection partnership program, al- Administrator, that— et seq.). ternative supplies of drinking water, restruc- ‘‘(1) the State has established a State loan ‘‘(4) EXTENDED PERIOD.—Notwithstanding turing or consolidation of a small system, fund that complies with the requirements of subsection (b)(5), a State shall not be re- and treatment to comply with a national pri- this part; quired to deposit a State matching amount mary drinking water regulation. into the fund prior to the date on which each ‘‘(2) the State loan fund will be adminis- ‘‘(2) RESERVATION OF FUNDS.—To provide tered by an instrumentality of the State payment is made for payments from funds technical assistance pursuant to this sub- that has the powers and authorities that are appropriated for fiscal years 1994, 1995, and section, each State may reserve from cap- required to operate the State loan fund in 1996, if the matching amounts for the pay- italization grants received in any year an accordance with this part; ments are deposited into the State fund prior amount that does not exceed the greater of— ‘‘(3) the State will deposit the capitaliza- to September 30, 1998. ‘‘(A) an amount equal to 2 percent of the tion grants into the State loan fund; ‘‘CAPITALIZATION GRANTS amount of the capitalization grants received ‘‘(4) the State will deposit all loan repay- ‘‘SEC. 1472. (a) GENERAL AUTHORITY.—The by the State pursuant to this section; or ments received, and interest earned on the Administrator may make grants to capital- ‘‘(B) $300,000. amounts deposited into the State loan fund ize State loan funds to a State that has en- ‘‘(e) ALLOTMENT PERIOD.— under this part, into the State loan fund; tered into an agreement pursuant to section ‘‘(1) PERIOD OF AVAILABILITY FOR FINANCIAL ‘‘(5) the State will deposit into the State 1471. ASSISTANCE.— loan fund an amount equal to at least 20 per- ‘‘(b) FORMULA FOR ALLOTMENT OF FUNDS.— ‘‘(A) IN GENERAL.—Except as provided in cent of the total amount of each payment to ‘‘(1) IN GENERAL.—Subject to subsection (c) subparagraph (B), the sums allotted to a be made to the State on or before the date on and paragraph (2), funds made available to State pursuant to subsection (b) for a fiscal which the payment is made to the State, ex- carry out this part shall be allotted to year shall be available to the State for obli- cept as provided in subsection (c)(4); States that have entered into an agreement gation during the fiscal year for which the ‘‘(6) the State will use funds in the State pursuant to section 1471 in accordance with— sums are authorized and during the following loan fund in accordance with an intended use ‘‘(A) for each of fiscal years 1995 through fiscal year. plan prepared pursuant to section 1474(b); 1997, a formula that is the same as the for- ‘‘(B) FUNDS MADE AVAILABLE FOR FISCAL ‘‘(7) the State and loan recipients that re- mula used to distribute public water system YEARS 1995 AND 1996.—The sums allotted to a ceive funds that the State makes available supervision grant funds under section 1443 in State pursuant to subsection (b) from funds from the State loan fund will use accounting fiscal year 1995, except that the minimum that are made available by appropriations procedures that conform to generally accept- proportionate share established in the for- for each of fiscal years 1995 and 1996 shall be ed accounting principles, auditing proce- mula shall be 1 percent of available funds available to the State for obligation during dures that conform to chapter 75 of title 31, and the formula shall be adjusted to include each of fiscal years 1995 through 1998. United States Code (commonly known as the a minimum proportionate share for the ‘‘(2) REALLOTMENT OF UNOBLIGATED ‘Single Audit Act of 1984’), and such fiscal State of Wyoming; and FUNDS.—Prior to obligating new allotments S 17702 CONGRESSIONAL RECORD — SENATE November 29, 1995 made available to the State pursuant to sub- ‘‘(D) the development of a public water sys- to this title made by the Safe Drinking section (b), each State shall obligate funds tem to replace private drinking water sup- Water Act Amendments of 1986 (Public Law accumulated before a date that is 1 year plies if the private water supplies pose a sig- 99–339; 100 Stat. 642); prior to the date of the obligation of a new nificant threat to human health. ‘‘(3) to guarantee, or purchase insurance allotment from loan repayments and interest ‘‘(2) OPERATOR TRAINING.—Associated costs for, a local obligation (all of the proceeds of earned on amounts deposited into a State eligible for assistance under this part in- which finance a project eligible for assist- loan fund. The amount of any allotment that clude the costs of training and certifying the ance under subsection (b)) if the guarantee is not obligated by a State by the last day of persons who will operate facilities that re- or purchase would improve credit market ac- the period of availability established by ceive assistance pursuant to paragraph (1). cess or reduce the interest rate applicable to paragraph (1) shall be immediately reallot- ‘‘(3) LIMITATION.— the obligation; ted by the Administrator on the basis of the ‘‘(A) IN GENERAL.—Except as provided in ‘‘(4) as a source of revenue or security for same ratio as is applicable to sums allotted subparagraph (B), no assistance under this the payment of principal and interest on rev- under subsection (b), except that the Admin- part shall be provided to a public water sys- enue or general obligation bonds issued by istrator may reserve and allocate 10 percent tem that— the State if the proceeds of the sale of the of the remaining amount for financial assist- ‘‘(i) does not have the technical, manage- bonds will be deposited into the State loan ance to Indian Tribes in addition to the rial, and financial capability to ensure com- fund; amount allotted under subsection (c). None pliance with the requirements of this title; ‘‘(5) as a source of revenue or security for of the funds reallotted by the Administrator and the payment of interest on a local obligation shall be reallotted to any State that has not ‘‘(ii) has a history of— (all of the proceeds of which finance a obligated all sums allotted to the State pur- ‘‘(I) past violations of any maximum con- project eligible for assistance under sub- suant to this section during the period in taminant level or treatment technique es- section (b)); and which the sums were available for obliga- tablished by a regulation or a variance; or ‘‘(6) to earn interest on the amounts depos- tion. ‘‘(II) significant noncompliance with mon- ited into the State loan fund. itoring requirements or any other require- ‘‘(3) ALLOTMENT OF WITHHELD FUNDS.—All ‘‘(e) ASSISTANCE FOR DISADVANTAGED COM- ment of a national primary drinking water funds withheld by the Administrator pursu- MUNITIES.— regulation or variance. ant to subsection (g) and section 1442(e)(3) ‘‘(1) DEFINITION OF DISADVANTAGED COMMU- ‘‘(B) RESTRUCTURING.—A public water sys- shall be allotted by the Administrator on the NITY.—In this subsection, the term ‘dis- basis of the same ratio as is applicable to tem described in subparagraph (A) may re- advantaged community’ means the service funds allotted under subsection (b). None of ceive assistance under this part if— area of a public water system that meets af- the funds allotted by the Administrator pur- ‘‘(i) the owner or operator of the system fordability criteria established after public suant to this paragraph shall be allotted to agrees to undertake feasible and appropriate review and comment by the State in which a State unless the State has met the require- changes in operations (including ownership, the public water system is located. The Ad- ments of section 1418(a). management, accounting, rates, mainte- ministrator may publish information to as- ‘‘(f) DIRECT GRANTS.— nance, consolidation, alternative water sup- sist States in establishing affordability cri- ‘‘(1) IN GENERAL.—The Administrator is au- ply, or other procedures) if the State deter- teria. mines that such measures are necessary to thorized to make grants for the improve- ‘‘(2) LOAN SUBSIDY.—Notwithstanding sub- ment of public water systems of Indian ensure that the system has the technical, section (d), in any case in which the State Tribes, the District of Columbia, the United managerial, and financial capability to com- makes a loan pursuant to subsection (d) to a States Virgin Islands, the Commonwealth of ply with the requirements of this title over disadvantaged community or to a commu- the Northern Mariana Islands, American the long term; and nity that the State expects to become a dis- Samoa, and Guam and, if funds are appro- ‘‘(ii) the use of the assistance will ensure advantaged community as the result of a priated to carry out this part for fiscal year compliance. proposed project, the State may provide ad- ‘‘(c) ELIGIBLE PUBLIC WATER SYSTEMS.—A 1995, the Republic of Palau. ditional subsidization (including forgiveness State loan fund, or the Administrator in the ‘‘(2) ALASKA NATIVE VILLAGES.—In the case of principal). case of direct grants under section 1472(f), may of a grant for a project under this subsection ‘‘(3) TOTAL AMOUNT OF SUBSIDIES.—For each in an Alaska Native village, the Adminis- provide financial assistance only to community water systems, publicly owned water fiscal year, the total amount of loan sub- trator is also authorized to make grants to systems (other than systems owned by Fed- sidies made by a State pursuant to para- the State of Alaska for the benefit of Native eral agencies), and nonprofit noncommunity graph (2) may not exceed 30 percent of the villages. An amount not to exceed 4 percent water systems. amount of the capitalization grant received of the grant amount may be used by the ‘‘(d) TYPES OF ASSISTANCE.—Except as oth- by the State for the year. State of Alaska for project management. erwise limited by State law, the amounts de- ‘‘(f) SOURCE WATER QUALITY PROTECTION ‘‘(g) NEW SYSTEM CAPACITY.—Beginning in posited into a State loan fund under this sec- AND CAPACITY DEVELOPMENT.— fiscal year 1999, the Administrator shall tion may be used only— ‘‘(1) IN GENERAL.—Notwithstanding sub- withhold the percentage prescribed in the ‘‘(1) to make loans, on the condition that— section (b)(1), a State may— following sentence of each capitalization ‘‘(A) the interest rate for each loan is less ‘‘(A) provide assistance, only in the form of grant made pursuant to this section to a than or equal to the market interest rate, in- a loan, to— State unless the State has met the require- cluding an interest free loan; ‘‘(i) any public water system described in ments of section 1418(a). The percentage ‘‘(B) principal and interest payments on subsection (c) to acquire land or a conserva- withheld shall be 5 percent for fiscal year each loan will commence not later than 1 tion easement from a willing seller or grantor, 1999, 10 percent for fiscal year 2000, and 15 year after completion of the project for if the purpose of the acquisition is to protect percent for each subsequent fiscal year. which the loan was made, and each loan will the source water of the system from con- ‘‘ELIGIBLE ASSISTANCE be fully amortized not later than 20 years tamination; or ‘‘SEC. 1473. (a) IN GENERAL.—The amounts after the completion of the project, except ‘‘(ii) any community water system de- deposited into a State loan fund, including that in the case of a disadvantaged commu- scribed in subsection (c) to provide funding any amounts equal to the amounts of loan nity (as defined in subsection (e)(1)), a State in accordance with section 1419(d)(1)(C)(i); repayments and interest earned on the may provide an extended term for a loan, if ‘‘(B) provide assistance, including tech- amounts deposited, may be used by the State the extended term— nical and financial assistance, to any public to carry out projects that are consistent ‘‘(i) terminates not later than the date water system as part of a capacity develop- with this section. that is 30 years after the date of project comment strategy developed and implemented in ‘‘(b) PROJECTS ELIGIBLE FOR ASSISTANCE.— pletion; and accordance with section 1418(c); and ‘‘(1) IN GENERAL.—The amounts deposited ‘‘(ii) does not exceed the expected design ‘‘(C) make expenditures from the capital- into a State loan fund shall be used only for life of the project; ization grant of the State for fiscal years providing financial assistance for capital ex- ‘‘(C) the recipient of each loan will estab- 1996 and 1997 to delineate and assess source penditures and associated costs (but exclud- lish a dedicated source of revenue for the re- water protection areas in accordance with ing the cost of land acquisition unless the payment of the loan; and section 1419, except that funds set aside for cost is incurred to acquire land for the con- ‘‘(D) the State loan fund will be credited such expenditure shall be obligated within 4 struction of a treatment facility or for a con- with all payments of principal and interest fiscal years. solidation project) for— on each loan; ‘‘(2) LIMITATION.—For each fiscal year, the ‘‘(A) a project that will facilitate compli- ‘‘(2) to buy or refinance the debt obligation total amount of assistance provided and ex- ance with national primary drinking water of a municipality or an intermunicipal or penditures made by a State under this sub- regulations promulgated pursuant to section interstate agency within the State at an in- section may not exceed ø10¿ 15 percent of the 1412; terest rate that is less than or equal to the amount of the capitalization grant received ‘‘(B) a project that will facilitate the con- market interest rate in any case in which a by the State for that øyear.¿ year and may solidation of public water systems or the use debt obligation is incurred after October 14, not exceed 10 percent of that amount for any of an alternative source of water supply; 1993, or to refinance a debt obligation for a one of the following activities: ‘‘(C) a project that will upgrade a drinking project constructed to comply with a regula- ‘‘(A) To acquire land or conservation ease- water treatment system; and tion established pursuant to an amendment ments pursuant to paragraph (1)(A)(i). November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17703

‘‘(B) To provide funding to implement rec- ment, publish and periodically update a list ‘‘AUTHORIZATION OF APPROPRIATIONS ommendations of source water quality protec- of projects in the State that are eligible for ‘‘SEC. 1478. (a) GENERAL AUTHORIZATION.— tion partnerships pursuant to paragraph assistance under this part, including the pri- There are authorized to be appropriated to (1)(A)(ii). ority assigned to each project and, to the ex- the Environmental Protection Agency to ‘‘(C) To provide assistance through a capacity tent known, the expected funding schedule carry out this part $600,000,000 for fiscal year development strategy pursuant to paragraph for each project. 1994 and $1,000,000,000 for each of fiscal years (1)(B). ‘‘STATE LOAN FUND MANAGEMENT 1995 through 2003. ‘‘(D) To make expenditures to delineate or as- ‘‘SEC. 1475. (a) IN GENERAL.—Not later than ‘‘(b) HEALTH EFFECTS RESEARCH.—From sess source water protection areas pursuant to 1 year after the date of enactment of this funds appropriated pursuant to this section paragraph (1)(C). part, and annually thereafter, the Adminis- for each fiscal year, the Administrator shall ‘‘STATE LOAN FUND ADMINISTRATION trator shall conduct such reviews and audits reserve $10,000,000 for health effects research ‘‘SEC. 1474. (a) ADMINISTRATION, TECHNICAL as the Administrator considers appropriate, on drinking water contaminants authorized ASSISTANCE, AND MANAGEMENT.— or require each State to have the reviews by section 1442. In allocating funds made ‘‘(1) ADMINISTRATION.—Each State that has and audits independently conducted, in ac- available under this subsection, the Adminis- a State loan fund is authorized to expend cordance with the single audit requirements trator shall give priority to research con- from the annual capitalization grant of the of chapter 75 of title 31, United States Code. cerning the health effects of State a reasonable amount, not to exceed 4 ‘‘(b) STATE REPORTS.—Not later than 2 cryptosporidium, disinfection byproducts, percent of the capitalization grant made to years after the date of enactment of this and arsenic, and the implementation of a re- the State, for the costs of the administration part, and every 2 years thereafter, each search plan for subpopulations at greater of the State loan fund. State that administers a State loan fund risk of adverse effects pursuant to section ‘‘(2) STATE PROGRAM MANAGEMENT ASSIST- shall publish and submit to the Adminis- 1442(l). ANCE.— trator a report on the activities of the State ‘‘(c) MONITORING FOR UNREGULATED CON- ‘‘(A) IN GENERAL.—Each State that has a under this part, including the findings of the TAMINANTS.—From funds appropriated pursu- loan fund is authorized to expend from the most recent audit of the State loan fund. ant to this section for each fiscal year begin- annual capitalization grant of the State an ‘‘(c) DRINKING WATER NEEDS SURVEY AND ning with fiscal year 1997, the Administrator amount, determined pursuant to this para- ASSESSMENT.—Not later than 1 year after the shall reserve $2,000,000 to pay the costs of graph, to carry out the public water system date of enactment of this part, and every 4 monitoring for unregulated contaminants supervision program under section 1443(a) years thereafter, the Administrator shall under section 1445(a)(2)(D). and to— submit to Congress a survey and assessment ‘‘(d) SMALL SYSTEM TECHNICAL ASSIST- ‘‘(i) administer, or provide technical assist- of the needs for facilities in each State eligi- ANCE.— ance through, source water quality protec- ble for assistance under this part. The survey ‘‘(1) IN GENERAL.—Subject to paragraph (2), tion programs, including a partnership pro- and assessment conducted pursuant to this from funds appropriated pursuant to this gram under section 1419; and subsection shall— section for each fiscal year for which the ap- ‘‘(ii) develop and implement a capacity de- ‘‘(1) identify, by State, the needs for propriation made pursuant to subsection (a) velopment strategy under section 1418(c) in projects or facilities owned or controlled by exceeds $800,000,000, the Administrator shall the State. community water systems eligible for assist- reserve to carry out section 1442(g) an ‘‘(B) LIMITATION.—Amounts expended by a ance under this part on the date of the as- amount that is equal to any amount by State pursuant to this paragraph for any fis- sessment (other than refinancing for a which the amount made available to carry cal year may not exceed an amount that is project pursuant to section 1473(d)(2)); out section 1442(g) is less than the amount equal to the amount of the grant funds avail- ‘‘(2) estimate the needs for eligible facili- referred to in the third sentence of section able to the State for that fiscal year under ties over the 20-year period following the 1442(g). section 1443(a). date of the assessment; ‘‘(2) MAXIMUM AMOUNT.—For each fiscal ‘‘(C) STATE FUNDS.—For any fiscal year, ‘‘(3) identify, by size category, the popu- year, the amount reserved under paragraph funds may not be expended pursuant to this lation served by public water systems with (1) shall be not greater than an amount equal paragraph unless the Administrator deter- needs identified pursuant to paragraph (1); to the lesser of— mines that the amount of State funds made and ‘‘(A) 2 percent of the funds appropriated available to carry out the public water sys- ‘‘(4) include such other information as the pursuant to this section for the fiscal year; tem supervision program under section Administrator determines to be appropriate. or 1443(a) for the fiscal year is not less than the ‘‘(d) EVALUATION.—The Administrator shall ‘‘(B) $10,000,000.’’. amount of State funds made available to conduct an evaluation of the effectiveness of SEC. 4. SELECTION OF CONTAMINANTS; SCHED- carry out the program for fiscal year 1993. the State loan funds through fiscal year 1999. ULE. ‘‘(b) INTENDED USE PLANS.— The evaluation shall be submitted to Con- (a) STANDARDS.—Section 1412(b) (42 U.S.C. ‘‘(1) IN GENERAL.—After providing for pub- gress at the same time as the President sub- 300g–1(b)) is amended by striking ‘‘(b)(1)’’ and lic review and comment, each State that has mits to Congress, pursuant to section 1108 of all that follows through the end of paragraph entered into a capitalization agreement pur- title 31, United States Code, an appropria- (3) and inserting the following: suant to this part shall annually prepare a tions request for fiscal year 2001 relating to ‘‘(b) STANDARDS.— plan that identifies the intended uses of the the budget of the Environmental Protection ‘‘(1) IDENTIFICATION OF CONTAMINANTS FOR amounts available to the State loan fund of Agency. LISTING.— the State. ‘‘ENFORCEMENT ‘‘(A) GENERAL AUTHORITY.—The Adminis- ‘‘(2) CONTENTS.—An intended use plan shall trator shall publish a maximum contami- ‘‘SEC. 1476. The failure or inability of any include— nant level goal and promulgate a national public water system to receive funds under ‘‘(A) a list of the projects to be assisted in primary drinking water regulation for each this part or any other loan or grant program, the first fiscal year that begins after the contaminant (other than a contaminant re- or any delay in obtaining the funds, shall not date of the plan, including a description of ferred to in paragraph (2) for which a na- alter the obligation of the system to comply the project, the expected terms of financial tional primary drinking water regulation in a timely manner with all applicable assistance, and the size of the community has been promulgated as of the date of enact- drinking water standards and requirements served; ment of the Safe Drinking Water Act of this title. ‘‘(B) the criteria and methods established Amendments of 1995) if the Administrator for the distribution of funds; and ‘‘REGULATIONS AND GUIDANCE determines, based on adequate data and ap- ‘‘(C) a description of the financial status of ‘‘SEC. 1477. The Administrator shall publish propriate peer-reviewed scientific informa- the State loan fund and the short-term and such guidance and promulgate such regulation and an assessment of health risks, con- long-term goals of the State loan fund. tions as are necessary to carry out this part, ducted in accordance with sound and objec- ‘‘(3) USE OF FUNDS.— including guidance and regulations to ensure tive scientific practices, that— ‘‘(A) IN GENERAL.—An intended use plan that— ‘‘(i) the contaminant may have an adverse shall provide, to the maximum extent prac- ‘‘(1) each State commits and expends funds effect on the health of persons; and ticable, that priority for the use of funds be from the State loan fund in accordance with ‘‘(ii) the contaminant is known to occur or given to projects that— the requirements of this part and applicable there is a substantial likelihood that the ‘‘(i) address the most serious risk to Federal and State laws; and contaminant will occur in public water sys- human health; ‘‘(2) the States and eligible public water tems with a frequency and at levels of public ‘‘(ii) are necessary to ensure compliance systems that receive funds under this part health concern. with the requirements of this title (including use accounting procedures that conform to ‘‘(B) SELECTION AND LISTING OF CONTAMI- requirements for filtration); and generally accepted accounting principles, au- NANTS FOR CONSIDERATION.— ‘‘(iii) assist systems most in need on a per diting procedures that conform to chapter 75 ‘‘(i) IN GENERAL.—Not later than July 1, household basis according to State afford- of title 31, United States Code (commonly ø1996¿ 1997, the Administrator (after con- ability criteria. known as the ‘Single Audit Act of 1984’), and sultation with the Secretary of Health and ‘‘(B) LIST OF PROJECTS.—Each State shall, such fiscal procedures as the Administrator Human Services) shall publish and periodi- after notice and opportunity for public com- may prescribe. cally, but not less often than every 5 years, S 17704 CONGRESSIONAL RECORD — SENATE November 29, 1995 update a list of contaminants that are actions for the purposes of section 1448. No up to 180 days if the Administrator deter- known or anticipated to occur in drinking determination under clause (i)(I) shall be set mines that progress toward approval of an water provided by public water systems and aside by a court pursuant to a review author- appropriate analytical method to screen for that may warrant regulation under this ized under that section øor other law,¿ unless cryptosporidium is sufficiently advanced and title. the court finds that the determination is ar- approval is likely to be completed within the ‘‘(ii) RESEARCH AND STUDY PLAN.—At such bitrary and capricious. additional time period. time as a list is published under clause (i), ‘‘(D) URGENT THREATS TO PUBLIC HEALTH.— ‘‘(ii) ADDITIONAL DEADLINES.—The time in- the Administrator shall describe available The Administrator may promulgate an intervals between promulgation of a final in- and needed information and research with terim national primary drinking water regu- formation collection rule, an Interim En- respect to— lation for a contaminant without listing the hanced Surface Water Treatment Rule, a ‘‘(I) the health effects of the contaminants; contaminant under subparagraph (B) or pub- Final Enhanced Surface Water Treatment ‘‘(II) the occurrence of the contaminants in lishing a determination for the contaminant Rule, a Stage I Disinfectants and Disinfec- drinking water; and under subparagraph (C) to address an urgent tion Byproducts Rule, and a Stage II Dis- ‘‘(III) treatment techniques and other threat to public health as determined by the infectants and Disinfection Byproducts Rule means that may be feasible to control the Administrator after consultation with and shall be in accordance with the schedule pub- contaminants. written response to any comments provided lished in volume 59, Federal Register, page ‘‘(iii) COMMENT.—The Administrator shall by the Secretary of Health and Human Serv- 6361 (February 10, 1994), in table III.13 of the seek comment on each list and any research ices, acting through the director of the Cen- proposed Information Collection Rule. If a plan that is published from officials of State ters for Disease Control and Prevention or delay occurs with respect to the promulga- and local governments, operators of public the director of the National Institutes of tion of any rule in the timetable established water systems, the scientific community, Health. A determination for any contami- by this subparagraph, all subsequent rules and the general public. nant in accordance with subparagraph (C) shall be completed as expeditiously as prac- ‘‘(C) DETERMINATION.— subject to an interim regulation under this ticable subject to agreement by all the par- ‘‘(i) IN GENERAL.—Except as provided in subparagraph shall be issued not later than 3 ties to the negotiated rulemaking, but no clause (ii), not later than July 1, 2001, and years after the date on which the regulation later than a revised date that reflects the in- every 5 years thereafter, the Administrator is promulgated and the regulation shall be terval or intervals for the rules in the time- shall take one of the following actions for repromulgated, or revised if appropriate, not table. not fewer than 5 contaminants: later than 5 years after that date. ‘‘(D) PRIOR REQUIREMENTS.—The require- ‘‘(I) Publish a determination that informa- ‘‘(E) MONITORING DATA AND OTHER INFORMA- ments of subparagraphs (C) and (D) of section available to the Administrator does not TION.—The Administrator may require, in action 1412(b)(3) (as in effect before the amend- warrant the issuance of a national primary cordance with section 1445(a)(2), the submis- ment made by section 4(a) of the Safe Drink- drinking water regulation. sion of monitoring data and other informa- ing Water Act Amendments of 1995), and any ‘‘(II) Publish a determination that a nation necessary for the development of stud- obligation to promulgate regulations pursu- tional primary drinking water regulation is ies, research plans, or national primary ant to such subparagraphs not promulgated warranted based on information available to drinking water regulations. as of the date of enactment of the Safe the Administrator, and proceed to propose a ‘‘(2) SCHEDULES AND DEADLINES.— Drinking Water Act Amendments of 1995, are maximum contaminant level goal and na- ‘‘(A) IN GENERAL.—In the case of the con- superseded by this paragraph and paragraph tional primary drinking water regulation taminants listed in the Advance Notice of (1).’’. not later than 2 years after the date of publi- Proposed Rulemaking published in volume (b) CONFORMING AMENDMENTS.— cation of the determination. 47, Federal Register, page 9352, and in vol- (1) Section 1412(a)(3) (42 U.S.C. 300g–1(a)(3)) ‘‘(III) Propose a maximum contaminant ume 48, Federal Register, page 45502, the Ad- is amended by striking ‘‘paragraph (1), (2), or level goal and national primary drinking ministrator shall publish maximum con- (3) of subsection (b)’’ each place it appears water regulation. taminant level goals and promulgate na- and inserting ‘‘paragraph (1) or (2) of sub- ‘‘(ii) INSUFFICIENT INFORMATION.—If the Ad- tional primary drinking water regulations— section (b)’’. ministrator determines that available infor- ‘‘(i) not later than 1 year after June 19, (2) Section 1415(d) (42 U.S.C. 300g–4(d)) is mation is insufficient to make a determina- 1986, for not fewer than 9 of the listed con- amended by striking ‘‘section 1412(b)(3)’’ and tion for a contaminant under clause (i), the taminants; inserting ‘‘section 1412(b)(7)(A)’’. Administrator may publish a determination ‘‘(ii) not later than 2 years after June 19, SEC. 5. RISK ASSESSMENT, MANAGEMENT, AND to continue to study the contaminant. Not 1986, for not fewer than 40 of the listed con- COMMUNICATION. later than 5 years after the Administrator taminants; and Section 1412(b) (42 U.S.C. 300g–1(b)) (as determines that further study is necessary ‘‘(iii) not later than 3 years after June 19, amended by section 4) is further amended by for a contaminant pursuant to this clause, 1986, for the remainder of the listed contami- inserting after paragraph (2) the following: the Administrator shall make a determina- nants. ‘‘(3) RISK ASSESSMENT, MANAGEMENT AND tion under clause (i). ‘‘(B) SUBSTITUTION OF CONTAMINANTS.—If COMMUNICATION.— ‘‘(iii) ASSESSMENT.—The determinations the Administrator identifies a drinking ‘‘(A) USE OF SCIENCE IN DECISIONMAKING.— under clause (i) shall be based on an assess- water contaminant the regulation of which, In carrying out this title, the Administrator ment of— in the judgment of the Administrator, is shall use— ‘‘(I) the available scientific knowledge that more likely to be protective of public health ‘‘(i) the best available, peer-reviewed is consistent with the requirements of para- (taking into account the schedule for regula- science and supporting studies conducted in graph (3)(A) and useful in determining the tion under subparagraph (A)) than a con- accordance with sound and objective sci- nature and extent of adverse effects on the taminant referred to in subparagraph (A), entific practices; and health of persons that may occur due to the the Administrator may publish a maximum ‘‘(ii) data collected by accepted methods or presence of the contaminant in drinking contaminant level goal and promulgate a na- best available methods (if the reliability of water; tional primary drinking water regulation for the method and the nature of the decision ‘‘(II) information on the occurrence of the the identified contaminant in lieu of regulat- justifies use of the data). contaminant in drinking water; and ing the contaminant referred to in subpara- ‘‘(B) PUBLIC INFORMATION.—In carrying out ‘‘(III) the treatment technologies, treat- graph (A). Substitutions may be made for this section, the Administrator shall ensure ment techniques, or other means that may not more than 7 contaminants referred to in that the presentation of information on pub- be feasible in reducing the contaminant in subparagraph (A). Regulation of a contami- lic health effects is comprehensive, inform- drinking water provided by public water sys- nant identified under this subparagraph shall ative and understandable. The Administrator tems. be in accordance with the schedule applica- shall, in a document made available to the ‘‘(iv) PRIORITIES.—In making determina- ble to the contaminant for which the substi- public in support of a regulation promul- tions under this subparagraph, the Adminis- tution is made. gated under this section, specify, to the ex- trator shall give priority to those contami- ‘‘(C) DISINFECTANTS AND DISINFECTION BY- tent practicable— nants not currently regulated that are asso- PRODUCTS.— ‘‘(i) each population addressed by any esti- ciated with the most serious adverse health ‘‘(i) INFORMATION COLLECTION RULE.— mate of public health effects; effects and that present the greatest poten- ‘‘(I) IN GENERAL.—Not later than December ‘‘(ii) the expected risk or central estimate tial risk to the health of persons due to the 31, 1995, the Administrator shall, after notice of risk for the specific populations; presence of the contaminant in drinking and opportunity for public comment, pro- ‘‘(iii) each appropriate upper-bound or water provided by public water systems. mulgate an information collection rule to lower-bound estimate of risk; ‘‘(v) REVIEW.—Each document setting forth obtain information that will facilitate fur- ‘‘(iv) each uncertainty identified in the the determination for a contaminant under ther revisions to the national primary drink- process of the assessment of public health ef- clause (i) shall be available for public coming water regulation for disinfectants and fects and research that would assist in re- ment øbefore¿ at such time as the determina- disinfection byproducts, including informa- solving the uncertainty; and tion is published. tion on microbial contaminants such as ‘‘(v) peer-reviewed studies known to the ‘‘(vi) JUDICIAL REVIEW.—Determinations cryptosporidium. Administrator that support, are directly rel- made by the Administrator pursuant to ‘‘(II) EXTENSION.—The Administrator may evant to, or fail to support any estimate of clause (i)(I) shall be considered final agency extend the deadline under subclause (I) for public health effects and the methodology November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17705 used to reconcile inconsistencies in the sci- nique and alternative treatment techniques if the technology, treatment techniques, and entific data. that would be considered in a proposed regu- other means used to determine the feasible ‘‘(C) HEALTH RISK REDUCTION AND COST lation, taking into account, as appropriate, level would result in an increase in the ANALYSIS.— the factors described in clause (i). health risk from drinking water by— ‘‘(i) MAXIMUM CONTAMINANT LEVELS.—Not ‘‘(iii) APPROACHES TO MEASURE AND VALUE ‘‘(i) increasing the concentration of other later than 90 days prior to proposing any na- BENEFITS.—The Administrator may identify contaminants in drinking water; or tional primary drinking water regulation valid approaches for the measurement and ‘‘(ii) interfering with the efficacy of drink- that includes a maximum contaminant level, valuation of benefits under this subpara- ing water treatment techniques or processes the Administrator shall, with respect to a graph, including approaches to identify that are used to comply with other national maximum contaminant level that would be consumer willingness to pay for reductions primary drinking water regulations. considered in accordance with paragraph (4) in health risks from drinking water contami- ‘‘(B) ESTABLISHMENT OF LEVEL.—If the Ad- in a proposed regulation and each alter- nants. ministrator establishes a maximum con- native maximum contaminant level that ‘‘(iv) FORM OF NOTICE.—Whenever a na- taminant level or levels or requires the use would be considered in a proposed regulation tional primary drinking water regulation is of treatment techniques for any contami- pursuant to paragraph (5) or (6)(A), publish, expected to result in compliance costs great- nant or contaminants pursuant to the au- seek public comment on, and use for the pur- er than $75,000,000 per year, the Adminis- thority of this paragraph— poses of paragraphs (4), (5), and (6) an analy- trator shall provide the notice required by ‘‘(i) the level or levels or treatment tech- sis of— clause (i) or (ii) through an advanced notice niques shall minimize the overall risk of ad- ‘‘(I) the health risk reduction benefits (in- of proposed rulemaking. verse health effects by balancing the risk cluding non-quantifiable health benefits ‘‘(v) AUTHORIZATION.—There are authorized from the contaminant and the risk from identified and described by the Adminis- to be appropriated to the Administrator, act- other contaminants the concentrations of trator, except that such benefits shall not be ing through the Office of Ground Water and which may be affected by the use of a treat- used by the Administrator for purposes of de- Drinking Water, to conduct studies, assessment technique or process that would be em- termining whether a maximum contaminant ments, and analyses in support of regula- ployed to attain the maximum contaminant level is or is not justified unless there is a tions or the development of methods, level or levels; and factual basis in the rulemaking record to $35,000,000 for each of fiscal years 1996 ‘‘(ii) the combination of technology, treat- conclude that such benefits are likely to through 2003.’’. ment techniques, or other means required to occur) expected as the result of treatment to SEC. 6. STANDARD-SETTING; REVIEW OF STAND- meet the level or levels shall not be more comply with each level; ARDS. stringent than is feasible (as defined in para- ‘‘(II) the health risk reduction benefits (in- (a) IN GENERAL.—Section 1412(b) (42 U.S.C. graph (4)(D)). cluding non-quantifiable health benefits 300g–1(b)) is amended— ‘‘(6) ADDITIONAL HEALTH RISK REDUCTION identified and described by the Adminis- (1) in paragraph (4)— AND COST CONSIDERATIONS.— trator, except that such benefits shall not be (A) by striking ‘‘(4) Each’’ and inserting ‘‘(A) IN GENERAL.—Notwithstanding para- the following: used by the Administrator for purposes of de- graph (4), if the Administrator determines ‘‘(4) GOALS AND STANDARDS.— termining whether a maximum contaminant based on an analysis conducted under para- ‘‘(A) MAXIMUM CONTAMINANT LEVEL level is or is not justified unless there is a graph (3)(C) that the benefits of a maximum factual basis in the rulemaking record to GOALS.—Each’’; contaminant level promulgated in accord- conclude that such benefits are likely to (B) in subparagraph (A) (as so designated), ance with paragraph (4) would not justify the occur) expected from reductions in co-occur- by inserting after the first sentence the fol- costs of complying with the level, the Ad- ring contaminants that may be attributed lowing: ‘‘The maximum contaminant level ministrator may, after notice and oppor- solely to compliance with the maximum con- goal for contaminants that are known or tunity for public comment, promulgate a taminant level, excluding benefits resulting likely to cause cancer in humans may be set maximum contaminant level for the con- from compliance with other proposed or pro- at a level other than zero, if the Adminis- taminant that maximizes health risk reduc- mulgated regulations; trator determines, based on the best avail- tion benefits at a cost that is justified by the ‘‘(III) the costs (including non-quantifiable able, peer-reviewed science, that there is a benefits. costs identified and described by the Admin- threshold level below which there is unlikely istrator, except that such costs shall not be to be any increase in cancer risk and the Ad- ‘‘(B) EXCEPTION.—The Administrator shall used by the Administrator for purposes of de- ministrator sets the maximum contaminant not use the authority of this paragraph to termining whether a maximum contaminant level goal at that level with an adequate promulgate a maximum contaminant level level is or is not justified unless there is a margin of safety.’’; for a contaminant, if the benefits of compli- factual basis in the rulemaking record to (C) in the last sentence— ance with a national primary drinking water conclude that such costs are likely to occur) (i) by striking ‘‘Each national’’ and insert- regulation for the contaminant that would expected solely as a result of compliance ing the following: be promulgated in accordance with para- with the maximum contaminant level, in- ‘‘(B) MAXIMUM CONTAMINANT LEVELS.— Ex- graph (4) experienced by— cluding monitoring, treatment, and other cept as provided in paragraphs (5) and (6), ‘‘(i) persons served by large public water costs and excluding costs resulting from each national’’; and systems; and compliance with other proposed or promul- (ii) by striking ‘‘maximum level’’ and in- ‘‘(ii) persons served by such other systems gated regulations; serting ‘‘maximum contaminant level’’; and as are unlikely, based on information pro- ‘‘(IV) the incremental costs and benefits (D) by adding at the end the following: vided by the States, to receive a variance associated with each alternative maximum ‘‘(C) DETERMINATION.—At the time the Ad- under section 1415(e); contaminant level considered; ministrator proposes a national primary would justify the costs to the systems of ‘‘(V) the effects of the contaminant on the drinking water regulation under this para- complying with the regulation. This sub- general population and on groups within the graph, the Administrator shall publish a de- paragraph shall not apply if the contaminant general population such as infants, children, termination as to whether the benefits of the is found almost exclusively in small systems pregnant women, the elderly, individuals maximum contaminant level justify, or do (as defined in section 1415(e)). with a history of serious illness, or other not justify, the costs based on the analysis ‘‘(C) DISINFECTANTS AND DISINFECTION BY- subpopulations that are identified as likely conducted under paragraph (3)(C).’’; PRODUCTS.—The Administrator may not use to be at greater risk of adverse health effects (2) by striking ‘‘(5) For the’’ and inserting the authority of this paragraph to establish due to exposure to contaminants in drinking the following: a maximum contaminant level in a Stage I water than the general population; ‘‘(D) DEFINITION OF FEASIBLE.—For the’’; or Stage II national primary drinking water ‘‘(VI) any increased health risk that may (3) in the second sentence of paragraph regulation for contaminants that are dis- occur as the result of compliance, including (4)(D) (as so designated), by striking ‘‘para- infectants or disinfection byproducts (as de- risks associated with co-occurring contami- graph (4)’’ and inserting ‘‘this paragraph’’; scribed in paragraph (2)), or to establish a nants; and (4) by striking ‘‘(6) Each national’’ and in- maximum contaminant level or treatment ‘‘(VII) other relevant factors, including the serting the following: technique requirement for the control of quality and extent of the information, the ‘‘(E) FEASIBLE TECHNOLOGIES.—Each na- cryptosporidium. The authority of this para- uncertainties in the analysis supporting tional’’; graph may be used to establish regulations subclauses (I) through (VI), and factors with (5) in paragraph (4)(E) (as so designated), for the use of disinfection by systems relying respect to the degree and nature of the risk. by striking ‘‘this paragraph’’ and inserting on ground water sources as required by para- ‘‘(ii) TREATMENT TECHNIQUES.—Not later ‘‘this subsection’’; and graph (8). than 90 days prior to proposing a national (6) by inserting after paragraph (4) (as so ‘‘(D) JUDICIAL REVIEW.—A determination primary drinking water regulation that in- amended) the following: by the Administrator that the benefits of a cludes a treatment technique in accordance ‘‘(5) ADDITIONAL HEALTH RISK CONSIDER- maximum contaminant level or treatment with paragraph (7)(A), the Administrator ATIONS.— requirement justify or do not justify the shall publish and seek public comment on an ‘‘(A) IN GENERAL.—Notwithstanding para- costs of complying with the level shall be re- analysis of the health risk reduction benefits graph (4), the Administrator may establish a viewed by the court pursuant to section 1448 and costs likely to be experienced as the re- maximum contaminant level for a contami- only as part of a review of a final national sult of compliance with the treatment tech- nant at a level other than the feasible level, primary drinking water regulation that has S 17706 CONGRESSIONAL RECORD — SENATE November 29, 1995 been promulgated based on the determina- SEC. 8. RADON. date of enactment of this paragraph only if tion and shall not be set aside by the court Section 1412(b) (42 U.S.C. 300g–1(b)) (as the Administrator reproposes the national under that section, unless the court finds amended by section 7) is further amended by primary drinking water regulation for sul- that the determination is arbitrary and ca- adding at the end the following: fate after that date based on evidence sug- pricious.’’. ‘‘(13) RADON IN DRINKING WATER.— gesting new or more serious health effects as (b) DISINFECTANTS AND DISINFECTION BY- ‘‘(A) REGULATION.—Notwithstanding para- described in subparagraph (A). PRODUCTS.—The Administrator of the Envi- graph (2), not later than 180 days after the ‘‘(D) EFFECT ON OTHER LAWS.— ronmental Protection Agency may use the date of enactment of this paragraph, the Ad- ‘‘(i) FEDERAL LAWS.—Notwithstanding part authority of section 1412(b)(5) of the Public ministrator shall promulgate a national pri- C, section 311 of the Federal Water Pollution Health Service Act (as amended by sub- mary drinking water regulation for radon. Control Act (33 U.S.C. 1321), subtitle C or D section (a)) to promulgate the Stage I rule- ‘‘(B) MAXIMUM CONTAMINANT LEVEL.—Not- of the Solid Waste Disposal Act (42 U.S.C. making for disinfectants and disinfection by- withstanding any other provision of law, the 6921 et seq.), or section 107 or 121(d) of the products as proposed in volume 59, Federal regulation shall provide for a maximum con- Comprehensive Environmental Response, Register, page 38668 (July 29, 1994). Unless taminant level for radon of 3,000 picocuries Compensation, and Liability Act of 1980 (42 new information warrants a modification of per liter. U.S.C. 9607 and 9621(d)), no national primary the proposal as provided for in the ‘‘Disinfec- ‘‘(C) REVISION.— drinking water regulation for sulfate shall tion and Disinfection Byproducts Negotiated ‘‘(i) IN GENERAL.—Subject to clause (ii), a be— Rulemaking Committee Agreement’’, noth- revision to the regulation promulgated under ‘‘(I) used as a standard for determining ing in such section shall be construed to re- subparagraph (A) may be made pursuant to compliance with any provision of any law quire the Administrator to modify the provi- this subsection. The revision may include a other than this subsection; sions of the rulemaking as proposed. maximum contaminant level less stringent than ‘‘(II) used as a standard for determining ap- (c) REVIEW OF STANDARDS.—Section 1412(b) 3,000 picocuries per liter as provided in para- propriate cleanup levels or whether cleanup (42 U.S.C. 300g–1(b)) is amended by striking graphs (4) and (9) or a maximum contaminant should be undertaken with respect to any fa- paragraph (9) and inserting the following: level more stringent than 3,000 picocuries per cility or site; ‘‘(9) REVIEW AND REVISION.—The Adminis- liter as provided in clause (ii). ‘‘(III) considered to be an applicable or rel- trator shall, not less often than every 6 ‘‘(ii) MAXIMUM CONTAMINANT LEVEL.— evant and appropriate requirement for any years, review and revise, as appropriate, each ‘‘(I) CRITERIA FOR REVISION.—The Adminis- such cleanup; or national primary drinking water regulation trator shall not revise the maximum con- ‘‘(IV) used for the purpose of defining in- promulgated under this title. Any revision of taminant level for radon to a more stringent jury to a natural resource; a national primary drinking water regula- level than the level established under sub- unless the Administrator, by rule and after tion shall be promulgated in accordance with paragraph (B) unless— notice and opportunity for public comment, this section, except that each revision shall ‘‘(aa) the revision is made to reflect con- determines that the regulation is appro- maintain or provide for greater protection of sideration of risks from the ingestion of priate for a use described in subclause (I), the health of persons.’’. radon in drinking water and episodic uses of (II), (III), or (IV). SEC. 7. ARSENIC. drinking water; ‘‘(ii) STATE LAWS.—This subparagraph shall Section 1412(b) (42 U.S.C. 300g–1(b)) is ‘‘(bb) the revision is supported by peer-re- not affect any requirement of State law, in- amended by adding at the end the following: viewed scientific studies conducted in ac- cluding the applicability of any State stand- ‘‘(12) ARSENIC.— cordance with sound and objective scientific ard similar to the regulation published under ‘‘(A) SCHEDULE AND STANDARD.—Notwith- practices; and this paragraph as a standard for any cleanup standing paragraph (2), the Administrator ‘‘(cc) based on the studies, the National action, compliance action, or natural re- shall promulgate a national primary drink- Academy of Sciences and the Science Advi- source damage action taken pursuant to ing water regulation for arsenic in accord- sory Board, established by section 8 of the such a law.’’. ance with the schedule established by this Environmental Research, Development, and SEC. 10. FILTRATION AND DISINFECTION. paragraph and pursuant to this subsection. Demonstration Act of 1978 (42 U.S.C. 4365), ‘‘(B) RESEARCH PLAN.—Not later than 180 consider a revision of the maximum con- (a) FILTRATION TECHNOLOGY FOR SMALL days after the date of enactment of this taminant level to be appropriate. SYSTEMS.—Section 1412(b)(7)(C) (42 U.S.C. paragraph, the Administrator shall develop a ‘‘(II) AMOUNT OF REVISION.—If the Adminis- 300g–1(b)(7)(C)) is amended by adding at the comprehensive plan for research in support trator determines to revise the maximum end the following: of drinking water rulemaking to reduce the contaminant level for radon in accordance ‘‘(v) FILTRATION TECHNOLOGY FOR SMALL uncertainty in assessing health risks associ- with subclause (I), the maximum contami- SYSTEMS.—At the same time as the Adminis- ated with exposure to low levels of arsenic. nant level shall be revised to a level that is trator proposes an Interim Enhanced Surface The Administrator shall consult with the no more stringent than is necessary to re- Water Treatment Rule pursuant to para- Science Advisory Board established by sec- duce risks to human health from radon in graph (2)(C)(ii), the Administrator shall pro- tion 8 of the Environmental Research, Devel- drinking water to a level that is equivalent pose a regulation that describes treatment opment, and Demonstration Act of 1978 (42 to risks to human health from radon in out- techniques that meet the requirements for U.S.C. 4365), other Federal agencies, and in- door air based on the national average con- filtration pursuant to this subparagraph and terested public and private entities. centration of radon in outdoor air.’’. are feasible for community water systems ‘‘(C) RESEARCH PROJECTS.—The Adminis- SEC. 9. SULFATE. serving a population of 3,300 or fewer and trator shall carry out the research plan, tak- Section 1412(b) (42 U.S.C. 300g–1(b)) (as noncommunity water systems.’’. ing care to avoid duplication of other re- amended by section 8) is further amended by (b) GROUND WATER DISINFECTION.—The first search in progress. The Administrator may adding at the end the following: sentence of section 1412(b)(8) (42 U.S.C. 300g– enter into cooperative research agreements ‘‘(14) SULFATE.— 1(b)(8)) is amended— with other Federal agencies, State and local ‘‘(A) IN GENERAL.—In the absence of sci- (1) by striking ‘‘Not later than 36 months governments, and other interested public entific evidence suggesting new or more seri- after the enactment of the Safe Drinking and private entities to carry out the re- ous health effects than are suggested by the Water Act Amendments of 1986, the Adminis- search plan. evidence available on the date of enactment trator shall propose and promulgate’’ and in- ‘‘(D) ASSESSMENT.—Not later than 31⁄2 of this paragraph, for the purposes of pro- serting ø‘‘At the time that¿ At any time after years after the date of enactment of this mulgation of a national primary drinking the end of the 3-year period that begins on the paragraph, the Administrator shall review water regulation for sulfate, notwithstand- date of enactment of the Safe Drinking Water the progress of the research to determine ing the requirements of paragraphs (4) and Act Amendments of 1995 but not later than the whether the health risks associated with ex- (7), the Administrator shall specify in the date on which the Administrator promulgates posure to low levels of arsenic are suffi- regulation— a Stage II rulemaking for disinfectants and ciently well understood to proceed with a na- ‘‘(i) a requirement for best technology or disinfection byproducts (as described in tional primary drinking water regulation. other means under this subsection; and paragraph (2)), the Administrator shall also The Administrator shall consult with the ‘‘(ii) requirements for public notification promulgate’’; and Science Advisory Board, other Federal agen- and options for the provision of alternative (2) by striking the period at the end and in- cies, and other interested public and private water supplies to populations at risk as an serting the following: ‘‘, including surface entities as part of the review. alternative means of complying with the water systems and, as necessary, ground ‘‘(E) PROPOSED REGULATION.—The Adminis- regulation. water systems. After consultation with the trator shall propose a national primary ‘‘(B) SCHEDULE.—Notwithstanding para- States, the Administrator shall (as part of drinking water regulation for arsenic not graph (2), the regulation referred to in sub- the regulations) promulgate criteria that the later than January 1, 2000. paragraph (A) shall be promulgated not later Administrator, or a State that has primary ‘‘(F) FINAL REGULATION.—Not later than than 2 years after the date of enactment of enforcement responsibility under section January 1, 2001, after notice and opportunity this paragraph. 1413, shall apply to determine whether dis- for public comment, the Administrator shall ‘‘(C) AUTHORITY.—Paragraph (6) shall apply infection shall be required as a treatment promulgate a national primary drinking to the national primary drinking water regu- technique for any public water system served water regulation for arsenic.’’. lation for sulfate first promulgated after the by ground water.’’. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17707 SEC. 11. EFFECTIVE DATE FOR REGULATIONS. of any national primary drinking water reg- onstrated expertise in water resources re- Section 1412(b) (42 U.S.C. 300g–1(b)) is ulation.’’. search, technical assistance, and training. amended by striking paragraph (10) and in- (b) TECHNOLOGIES AND TREATMENT TECH- ‘‘(D) The grant recipient shall have the ca- serting the following: NIQUES FOR SMALL SYSTEMS.—Section pability to provide leadership in making na- ‘‘(10) EFFECTIVE DATE.—A national primary 1412(b)(4)(E) (as amended by section 6(a)) is tional and regional contributions to the so- drinking water regulation promulgated further amended by adding at the end the lution of both long-range and intermediate- under this section shall take effect on the following: ‘‘The Administrator shall include range rural water system technology mandate that is 3 years after the date on which in the list any technology, treatment tech- agement problems. the regulation is promulgated unless the Ad- nique, or other means that is feasible for ‘‘(E) The grant recipient shall have a dem- ministrator determines that an earlier date small public water systems serving— onstrated interdisciplinary capability with is practicable, except that the Adminis- ‘‘(i) a population of 10,000 or fewer but expertise in small public water system tech- trator, or a State in the case of an individual more than 3,300; nology management and research. system, may allow up to 2 additional years ‘‘(ii) a population of 3,300 or fewer but more ‘‘(F) The grant recipient shall have a dem- to comply with a maximum contaminant than 500; and onstrated capability to disseminate the re- level or treatment technique if the Adminis- ‘‘(iii) a population of 500 or fewer but more sults of small public water system tech- trator or State determines that additional than 25; nology research and training programs time is necessary for capital improve- through an interdisciplinary continuing edu- ments.’’. and that achieves compliance with the maximum contaminant level, including packaged cation program. SEC. 12. TECHNOLOGY AND TREATMENT TECH- ‘‘(G) The projects that the grant recipient NIQUES; TECHNOLOGY CENTERS. or modular systems and point-of-entry treatment units that are controlled by the public proposes to carry out under the grant are (a) SYSTEM TREATMENT TECHNOLOGIES.— necessary and appropriate. Section 1412(b) (42 U.S.C. 300g–1(b)) (as water system to ensure proper operation and ‘‘(H) The grant recipient has regional sup- amended by section 9) is further amended by maintenance and compliance with the maxi- port beyond the host institution. adding at the end the following: mum contaminant level and equipped with ‘‘(I) The grant recipient shall include the ‘‘(15) SYSTEM TREATMENT TECHNOLOGIES.— mechanical warnings to ensure that cus- participation of water resources research in- ‘‘(A) GUIDANCE OR REGULATIONS.— tomers are automatically notified of oper- stitutes established under section 104 of the ‘‘(i) IN GENERAL.—At the same time as the ational problems.’’. Water Resources Research Act of 1984 (42 Administrator promulgates a national pri- (c) AVAILABILITY OF INFORMATION ON SMALL U.S.C. 10303). mary drinking water regulation pursuant to SYSTEM TECHNOLOGIES.—Section 1445 (42 LASKA.—For purposes of this sub- this section, the Administrator shall issue U.S.C. 300j–4) is amended by adding at the ‘‘(5) A guidance or regulations describing all treat- end the following: section, the State of Alaska shall be consid- ment technologies for the contaminant that ‘‘(g) AVAILABILITY OF INFORMATION ON ered to be a region. is the subject of the regulation that are fea- SMALL SYSTEM TECHNOLOGIES.—For purposes ‘‘(6) CONSORTIA OF STATES.—At least 2 of sible with the use of best technology, treat- of paragraphs (4)(E) and (15) of section the grants under this subsection shall be ment techniques, or other means that the 1412(b), the Administrator may request infor- made to consortia of States with low popu- Administrator finds, after examination for mation on the characteristics of commer- lation densities. In this paragraph, the term efficacy under field conditions and not solely cially available treatment systems and tech- ‘consortium of States with low population under laboratory conditions, are available nologies, including the effectiveness and per- densities’ means a consortium of States, taking cost into consideration for public formance of the systems and technologies each State of which has an average popu- water systems serving— under various operating conditions. The Ad- lation density of less than 12.3 persons per ‘‘(I) a population of 10,000 or fewer but ministrator may specify the form, content, square mile, based on data for 1993 from the more than 3,300; and date by which information shall be sub- Bureau of the Census. ‘‘(II) a population of 3,300 or fewer but mitted by manufacturers, States, and other ‘‘(7) ADDITIONAL CONSIDERATIONS.—At least more than 500; and interested persons for the purpose of consid- one center established under this subsection ‘‘(III) a population of 500 or fewer but more ering the systems and technologies in the de- shall focus primarily on the development and than 25. velopment of regulations or guidance under evaluation of new technologies and new com- ‘‘(ii) CONTENTS.—The guidance or regula- paragraph (4)(E) or (15) of section 1412(b).’’. binations of existing technologies that are tions shall identify the effectiveness of the (d) SMALL WATER SYSTEMS TECHNOLOGY likely to provide more reliable or lower cost technology, the cost of the technology, and CENTERS.—Section 1442 (42 U.S.C. 300j–1) is options for providing safe drinking water. other factors related to the use of the tech- amended by adding at the end the following: This center shall be located in a geographic nology, including requirements for the qual- ‘‘(h) SMALL PUBLIC WATER SYSTEMS TECH- region of the country with a high density of ity of source water to ensure adequate pro- NOLOGY ASSISTANCE CENTERS.— small systems, at a university with an estab- tection of human health, considering re- ‘‘(1) GRANT PROGRAM.—The Administrator lished record of developing and piloting moval efficiencies of the technology, and in- is authorized to make grants to institutions small treatment technologies in cooperation stallation and operation and maintenance re- of higher learning to establish and operate with industry, States, communities, and quirements for the technology. not fewer than 5 small public water system water system associations. ‘‘(iii) LIMITATION.—The Administrator technology assistance centers in the United ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— shall not issue guidance or regulations for a States. There are authorized to be appropriated to technology under this paragraph unless the ‘‘(2) RESPONSIBILITIES OF THE CENTERS.— make grants under this subsection $10,000,000 technology adequately protects human The responsibilities of the small public for each of fiscal years 1995 through 2003.’’. health, considering the expected useful life water system technology assistance centers SEC. 13. VARIANCES AND EXEMPTIONS. of the technology and the source waters established under this subsection shall in- available to systems for which the tech- clude the conduct of research, training, and (a) TECHNOLOGY AND TREATMENT TECH- nology is considered to be feasible. technical assistance relating to the informa- NIQUES FOR SYSTEMS ISSUED VARIANCES.—The ‘‘(B) REGULATIONS AND GUIDANCE.—Not tion, performance, and technical needs of second sentence of section 1415(a)(1)(A) (42 later than 2 years after the date of enact- small public water systems or public water U.S.C. 300g–4(a)(1)(A)) is amended— ment of this paragraph and after consulta- systems that serve Indian Tribes. (1) by striking ‘‘only be issued to a system tion with the States, the Administrator shall ‘‘(3) APPLICATIONS.—Any institution of after the system’s application of’’ and insert- issue guidance or regulations under subpara- higher learning interested in receiving a ing ‘‘be issued to a system on condition that graph (A) for each national primary drinking grant under this subsection shall submit to the system install’’; and water regulation promulgated prior to the the Administrator an application in such (2) by inserting before the period at the end date of enactment of this paragraph for form and containing such information as the the following: ‘‘, and based upon an evalua- which a variance may be granted under sec- Administrator may require by regulation. tion satisfactory to the State that indicates tion 1415(e). The Administrator may, at any ‘‘(4) SELECTION CRITERIA.—The Adminis- that alternative sources of water are not rea- time after a national primary drinking water trator shall select recipients of grants under sonably available to the system’’. regulation has been promulgated, issue guid- this subsection on the basis of the following (b) EXEMPTIONS.—Section 1416 (42 U.S.C. ance or regulations describing additional or criteria: 300g–5) is amended— new or innovative treatment technologies ‘‘(A) The small public water system tech- (1) in subsection (a)(1)— that meet the requirements of subparagraph nology assistance center shall be located in a (A) by inserting after ‘‘(which may include (A) for public water systems described in State that is representative of the needs of economic factors’’ the following: ‘‘, including subparagraph (A)(i) that are subject to the the region in which the State is located for qualification of the public water system as a regulation. addressing the drinking water needs of rural system serving a disadvantaged community ‘‘(C) NO SPECIFIED TECHNOLOGY.—A descrip- small communities or Indian Tribes. pursuant to section 1473(e)(1)’’; and tion under subparagraph (A) of the best tech- ‘‘(B) The grant recipient shall be located in (B) by inserting after ‘‘treatment technology or other means available shall not be a region that has experienced problems with nique requirement,’’ the following: ‘‘or to considered to require or authorize that the rural water supplies. implement measures to develop an alter- specified technology or other means be used ‘‘(C) There is available to the grant recipi- native source of water supply,’’; for the purpose of meeting the requirements ent for carrying out this subsection dem- (2) in subsection (b)(1)(A)— S 17708 CONGRESSIONAL RECORD — SENATE November 29, 1995 (A) by striking ‘‘(including increments of 1413) determines that the terms of the vari- than a reporting or monitoring requirement, progress)’’ and inserting ‘‘(including incre- ance ensure adequate protection of human unless the failure is caused by circumstances ments of progress or measures to develop an health, considering the quality of the source outside the control of the system; or alternative source of water supply)’’; and water for the system and the removal effi- ‘‘(iii) the terms of the variance do not en- (B) by striking ‘‘requirement and treat- ciencies and expected useful life of the treat- sure adequate protection of human health, ment’’ and inserting ‘‘requirement or treatment technology required by the variance. considering the quality of source water ment’’; and ‘‘(4) APPLICATIONS.—An application for a available to the system and the removal effi- (3) in subsection (b)(2)— variance for a national primary drinking ciencies and expected useful life of the treat- (A) by striking ‘‘(except as provided in sub- water regulation under this subsection shall ment technology required by the variance. paragraph (B))’’ in subparagraph (A) and all be submitted to the Administrator (or the ‘‘(8) INELIGIBILITY FOR VARIANCES.—A vari- that follows through ‘‘3 years after the date State in the case of a State that has primary ance shall not be available under this sub- of the issuance of the exemption if’’ in sub- enforcement responsibility under section section for— paragraph (B) and inserting the following: 1413) not later than the date that is the later ‘‘(A) any maximum contaminant level or ‘‘not later than 3 years after the otherwise of— treatment technique for a contaminant with applicable compliance date established in ‘‘(A) 3 years after the date of enactment of respect to which a national primary drinking section 1412(b)(10). this subsection; or water regulation was promulgated prior to ‘‘(B) No exemption shall be granted un- ‘‘(B) 1 year after the compliance date of January 1, 1986; or less’’; the national primary drinking water regula- ‘‘(B) a national primary drinking water (B) in subparagraph (B)(i), by striking tion as established under section 1412(b)(10) regulation for a microbial contaminant (in- ‘‘within the period of such exemption’’ and for which a variance is requested. cluding a bacterium, virus, or other orga- inserting ‘‘prior to the date established pur- ‘‘(5) VARIANCE REVIEW AND DECISION.— nism) or an indicator or treatment technique suant to section 1412(b)(10)’’; ‘‘(A) TIMETABLE.—The Administrator (or for a microbial contaminant. (C) in subparagraph (B)(ii), by inserting the State in the case of a State that has pri- ‘‘(9) REGULATIONS AND GUIDANCE.— after ‘‘such financial assistance’’ the follow- mary enforcement responsibility under sec- ‘‘(A) IN GENERAL.—Not later than 2 years ing: ‘‘or assistance pursuant to part G, or tion 1413) shall grant or deny a variance not after the date of enactment of this sub- any other Federal or State program is rea- later than 1 year after the date of receipt of section and in consultation with the States, sonably likely to be available within the pe- the application. the Administrator shall promulgate regula- riod of the exemption’’; ‘‘(B) PENALTY MORATORIUM.—Each public tions for variances to be granted under this (D) in subparagraph (C)— water system that submits a timely applica- subsection. The regulations shall, at a mini- (i) by striking ‘‘500 service connections’’ tion for a variance under this subsection mum, specify— and inserting ‘‘a population of 3,300’’; and shall not be subject to a penalty in an en- ‘‘(i) procedures to be used by the Adminis- (ii) by inserting ‘‘, but not to exceed a forcement action under section 1414 for a vio- trator or a State to grant or deny variances, total of 6 years,’’ after ‘‘for one or more addi- lation of a maximum contaminant level or including requirements for notifying the Ad- tional 2-year periods’’; and treatment technique in the national primary ministrator and consumers of the public (E) by adding at the end the following: drinking water regulation with respect to water system applying for a variance and re- ‘‘(D) LIMITATION.—A public water system which the variance application was submit- quirements for a public hearing on the vari- may not receive an exemption under this ted prior to the date of a decision to grant or ance before the variance is granted; section if the system was granted a variance deny the variance. ‘‘(ii) requirements for the installation and under section 1415(e).’’. ‘‘(6) COMPLIANCE SCHEDULES.— proper operation of treatment technology SEC. 14. SMALL SYSTEMS; TECHNICAL ASSIST- ‘‘(A) VARIANCES.—A variance granted that is feasible (pursuant to section ANCE. under this subsection shall require compli- 1412(b)(15)) for small systems and the finan- (a) SMALL SYSTEM VARIANCES.—Section ance with the conditions of the variance not cial and technical capability to operate the 1415 (42 U.S.C. 300g–4) is amended by adding later than 3 years after the date on which treatment system, including operator train- at the end the following: the variance is granted, except that the Ad- ing and certification; ‘‘(e) SMALL SYSTEM VARIANCES.— ministrator (or the State in the case of a ‘‘(iii) eligibility criteria for a variance for ‘‘(1) IN GENERAL.—The Administrator (or a State that has primary enforcement respon- each national primary drinking water regu- State with primary enforcement responsibil- sibility under section 1413) may allow up to lation, including requirements for the quality for public water systems under section 2 additional years to comply with a treat- ity of the source water (pursuant to section 1413) may grant to a public water system ment technique, secure an alternative source 1412(b)(15)(A)); and serving a population of 10,000 or fewer (re- of water, or restructure if the Administrator ‘‘(iv) information requirements for vari- ferred to in this subsection as a ‘small sys- (or the State) determines that additional ance applications. tem’) a variance under this subsection for time is necessary for capital improvements, ‘‘(B) AFFORDABILITY CRITERIA.—Not later compliance with a requirement specifying a or to allow for financial assistance provided than 18 months after the date of enactment maximum contaminant level or treatment pursuant to part G or any other Federal or of the Safe Drinking Water Act Amendments technique contained in a national primary State program. of 1995, the Administrator, in consultation drinking water regulation, if the variance ‘‘(B) DENIED APPLICATIONS.—If the Admin- with the States and the Rural Utilities Serv- meets each requirement of this subsection. istrator (or the State in the case of a State ice of the Department of Agriculture, shall ‘‘(2) AVAILABILITY OF VARIANCES.—A small that has primary enforcement responsibility publish information to assist the States in system may receive a variance under this under section 1413) denies a variance applica- developing affordability criteria. The afford- subsection if the system installs, operates, tion under this subsection, the public water ability criteria shall be reviewed by the and maintains, in accordance with guidance system shall come into compliance with the States not less often than every 5 years to or regulations issued by the Administrator, requirements of the national primary drink- determine if changes are needed to the cri- treatment technology that is feasible for ing water regulation for which the variance teria. small systems as determined by the Admin- was requested not later than 4 years after ‘‘(10) REVIEW BY THE ADMINISTRATOR.— istrator pursuant to section 1412(b)(15). the date on which the national primary ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(3) CONDITIONS FOR GRANTING VARIANCES.— drinking water regulation was promulgated. periodically review the program of each A variance under this subsection shall be ‘‘(7) DURATION OF VARIANCES.— State that has primary enforcement respon- available only to a system— ‘‘(A) IN GENERAL.—The Administrator (or sibility for public water systems under sec- ‘‘(A) that cannot afford to comply, in ac- the State in the case of a State that has pri- tion 1413 with respect to variances to deter- cordance with affordability criteria estab- mary enforcement responsibility under sec- mine whether the variances granted by the lished by the Administrator (or the State in tion 1413) shall review each variance granted State comply with the requirements of this the case of a State that has primary enforce- under this subsection not less often than subsection. With respect to affordability, the ment responsibility under section 1413), with every 5 years after the compliance date es- determination of the Administrator shall be a national primary drinking water regula- tablished in the variance to determine limited to whether the variances granted by tion, including compliance through— whether the system remains eligible for the the State comply with the affordability cri- ‘‘(i) treatment; variance and is conforming to each condition teria developed by the State. ‘‘(ii) alternative source of water supply; or of the variance. ‘‘(B) NOTICE AND PUBLICATION.—If the Ad- ‘‘(iii) restructuring or consolidation (un- ‘‘(B) REVOCATION OF VARIANCES.—The Ad- ministrator determines that variances grant- less the Administrator (or the State in the ministrator (or the State in the case of a ed by a State are not in compliance with af- case of a State that has primary enforce- State that has primary enforcement respon- fordability criteria developed by the State ment responsibility under section 1413) sibility under section 1413) shall revoke a and the requirements of this subsection, the makes a written determination that restruc- variance in effect under this subsection if Administrator shall notify the State in writ- turing or consolidation is not feasible or ap- the Administrator (or the State) determines ing of the deficiencies and make public the propriate based on other specified public pol- that— determination. icy considerations); and ‘‘(i) the system is no longer eligible for a ‘‘(C) OBJECTIONS TO VARIANCES.— ‘‘(B) for which the Administrator (or the variance; ‘‘(i) BY THE ADMINISTRATOR.—The Adminis- State in the case of a State that has primary ‘‘(ii) the system has failed to comply with trator may review and object to any vari- enforcement responsibility under section any term or condition of the variance, other ance proposed to be granted by a State, if November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17709 the objection is communicated to the State ment efforts in assisting the public water priate, modify regulations concerning not later than 90 days after the State pro- systems listed under paragraph (1) to im- variances and exemptions for small public poses to grant the variance. If the Adminis- prove technical, managerial, and financial water systems to ensure flexibility in the use trator objects to the granting of a variance, capacity. of the variances and exemptions. Nothing in the Administrator shall notify the State in ‘‘(c) CAPACITY DEVELOPMENT STRATEGY.— this paragraph shall be interpreted, con- writing of each basis for the objection and ‘‘(1) IN GENERAL.—Not later than 4 years strued, or applied to affect or alter the repropose a modification to the variance to re- after the date of enactment of this section, quirements of section 1415 or 1416. solve the concerns of the Administrator. The each State shall develop and implement a ‘‘(4) PROMULGATION OF DRINKING WATER State shall make the recommended modi- strategy to assist public water systems in REGULATIONS.—In promulgating a national fication or respond in writing to each objec- acquiring and maintaining technical, mana- primary drinking water regulation, the Ad- tion. If the State issues the variance without gerial, and financial capacity. ministrator shall include an analysis of the resolving the concerns of the Administrator, ‘‘(2) CONTENT.—In preparing the capacity likely effect of compliance with the regula- the Administrator may overturn the State development strategy, the State shall con- tion on the technical, financial, and manage- decision to grant the variance if the Admin- sider, solicit public comment on, and include rial capacity of public water systems. istrator determines that the State decision as appropriate— ‘‘(5) GUIDANCE FOR NEW SYSTEMS.—Not later does not comply with this subsection. ‘‘(A) the methods or criteria that the State than 2 years after the date of enactment of ‘‘(ii) PETITION BY CONSUMERS.—Not later will use to identify and prioritize the public this section, the Administrator shall publish than 30 days after a State with primary en- water systems most in need of improving guidance developed in consultation with the forcement responsibility for public water technical, managerial, and financial capac- States describing legal authorities and other systems under section 1413 proposes to grant ity; means to ensure that all new community a variance for a public water system, any ‘‘(B) a description of the institutional, reg- water systems and new nontransient, person served by the system may petition ulatory, financial, tax, or legal factors at the noncommunity water systems demonstrate the Administrator to object to the granting Federal, State, or local level that encourage technical, managerial, and financial capac- of a variance. The Administrator shall re- or impair capacity development; ity with respect to national primary drink- spond to the petition not later than 60 days ‘‘(C) a description of how the State will use ing water regulations. after the receipt of the petition. The State the authorities and resources of this title or ‘‘(e) ENVIRONMENTAL FINANCE CENTERS.— shall not grant the variance during the 60- other means to— ‘‘(1) IN GENERAL.—The Administrator shall day period. The petition shall be based on ‘‘(i) assist public water systems in comply- support the network of university-based En- ing with national primary drinking water comments made by the petitioner during vironmental Finance Centers in providing regulations; public review of the variance by the State.’’. training and technical assistance to State ‘‘(ii) encourage the development of part- (b) TECHNICAL ASSISTANCE.—Section 1442(g) and local officials in developing capacity of (42 U.S.C. 300j–1(g)) is amended— nerships between public water systems to en- public water systems. (1) in the second sentence, by inserting hance the technical, managerial, and finan- ‘‘(2) NATIONAL CAPACITY DEVELOPMENT ‘‘and multi-State regional technical assist- cial capacity of the systems; and CLEARINGHOUSE.—Within the Environmental ‘‘(iii) assist public water systems in the ance’’ after ‘‘ ‘circuit-rider’ ’’; and Finance Center network in existence on the training and certification of operators; (2) by striking the third sentence and in- date of enactment of this section, the Ad- ‘‘(D) a description of how the State will es- serting the following: ‘‘The Administrator ministrator shall establish a national public tablish a baseline and measure improve- shall ensure that funds made available for water systems capacity development clear- ments in capacity with respect to national technical assistance pursuant to this sub- inghouse to receive, coordinate, and dissemi- primary drinking water regulations and section are allocated among the States nate research and reports on projects funded State drinking water law; and equally. Each nonprofit organization receiv- under this title and from other sources with ‘‘(E) an identification of the persons that ing assistance under this subsection shall respect to developing, improving, and main- have an interest in and are involved in the consult with the State in which the assist- taining technical, financial, and managerial development and implementation of the ca- capacity at public water systems to Federal ance is to be expended or otherwise made pacity development strategy (including all available before using the assistance to un- and State agencies, universities, water sup- appropriate agencies of Federal, State, and pliers, and other interested persons. dertake activities to carry out this sub- local governments, private and nonprofit section. There are authorized to be appro- ‘‘(3) CAPACITY DEVELOPMENT TECHNIQUES.— public water systems, and public water sys- ‘‘(A) IN GENERAL.—The Environmental Fi- priated to carry out this subsection tem customers). $15,000,000 for each of fiscal years 1992 nance Centers shall develop and test mana- ‘‘(3) REPORT.—Not later than 2 years after through 2003.’’. gerial, financial, and institutional tech- the date on which a State first adopts a ca- niques— SEC. 15. CAPACITY DEVELOPMENT; FINANCE pacity development strategy under this sub- CENTERS. ‘‘(i) to ensure that new public water sys- section, and every 3 years thereafter, the tems have the technical, managerial, and fi- Part B (42 U.S.C. 300g et seq.) is amended head of the State agency that has primary by adding at the end the following: nancial capacity before commencing oper- responsibility to carry out this title in the ation; ‘‘CAPACITY DEVELOPMENT State shall submit to the Governor a report ‘‘(ii) to identify public water systems in ‘‘SEC. 1418. (a) STATE AUTHORITY FOR NEW that shall also be available to the public on need of capacity development; and SYSTEMS.—Each State shall obtain the legal the efficacy of the strategy and progress ‘‘(iii) to bring public water systems with a authority or other means to ensure that all made toward improving the technical, mana- history of significant noncompliance with new community water systems and new gerial, and financial capacity of public water national primary drinking water regulations nontransient, noncommunity water systems systems in the State. into compliance. ‘‘(d) FEDERAL ASSISTANCE.— commencing operation after October 1, 1998, ‘‘(B) TECHNIQUES.—The techniques may in- demonstrate technical, managerial, and fi- ‘‘(1) IN GENERAL.—The Administrator shall clude capacity assessment methodologies, nancial capacity with respect to each na- support the States in developing capacity de- manual and computer-based public water tional primary drinking water regulation in velopment strategies. system rate models and capital planning effect, or likely to be in effect, on the date of ‘‘(2) INFORMATIONAL ASSISTANCE.— models, public water system consolidation commencement of operations. ‘‘(A) IN GENERAL.—Not later than 180 days procedures, and regionalization models. ‘‘(b) SYSTEMS IN SIGNIFICANT NONCOMPLI- after the date of enactment of this section, ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ANCE.— the Administrator shall— There are authorized to be appropriated to ‘‘(1) LIST.—Beginning not later than 1 year ‘‘(i) conduct a review of State capacity de- carry out subsection (e) $2,500,000 for each of after the date of enactment of this section, velopment efforts in existence on the date of fiscal years 1995 through 2003.’’. each State shall prepare, periodically up- enactment of this section and publish infor- SEC. 16. OPERATOR AND LABORATORY CERTIFI- date, and submit to the Administrator a list mation to assist States and public water sys- CATION. of community water systems and tems in capacity development efforts; and Section 1442 (42 U.S.C. 300j–1) is amended nontransient, noncommunity water systems ‘‘(ii) initiate a partnership with States, by inserting after subsection (d) the follow- that have a history of significant noncompli- public water systems, and the public to de- ing: ance with this title (as defined in guidelines velop information for States on rec- ‘‘(e) CERTIFICATION OF OPERATORS AND LAB- issued prior to the date of enactment of this ommended operator certification require- ORATORIES.— section or any revisions of the guidelines ments. ‘‘(1) REQUIREMENT.—Beginning 3 years that have been made in consultation with ‘‘(B) PUBLICATION OF INFORMATION.—The after the date of enactment of the Safe the States) and, to the extent practicable, Administrator shall publish the information Drinking Water Act Amendments of 1995— the reasons for noncompliance. developed through the partnership under ‘‘(A) no assistance may be provided to a ‘‘(2) REPORT.—Not later than 5 years after subparagraph (A)(ii) not later than 18 public water system under part G unless the the date of enactment of this section and as months after the date of enactment of this system has entered into an enforceable com- part of the capacity development strategy of section. mitment with the State providing that any the State, each State shall report to the Ad- ‘‘(3) VARIANCES AND EXEMPTIONS.—Based on person who operates the system will be ministrator on the success of enforcement information obtained under subsection trained and certified according to require- mechanisms and initial capacity develop- (c)(2)(B), the Administrator shall, as appro- ments established by the Administrator or S 17710 CONGRESSIONAL RECORD — SENATE November 29, 1995 the State (in the case of a State with pri- ‘‘(c) FUNDING.—To carry out the delinea- nerships to address the origins of drinking mary enforcement responsibility under sections and assessments described in sub- water contaminants that may be addressed tion 1413) not later than the date of comple- section (a), a State may use funds made by a petition (including to the maximum ex- tion of the capital project for which the as- available for that purpose pursuant to sec- tent practicable the specific activities) that sistance is provided; and tion 1473(f). If funds available under that sec- affect the drinking water supply of a commu- ‘‘(B) a public water system that has re- tion are insufficient to meet the minimum nity. ceived assistance under part G may be oper- requirements of subsection (a), the State ‘‘(3) CONTAMINANTS ADDRESSED BY A PETI- ated only by a person who has been trained shall establish a priority-based schedule for TION.—A petition submitted to a State under and certified according to requirements es- the delineations and assessments within this section may address only those contami- tablished by the Administrator or the State available resources. nants— (in the case of a State with primary enforce- ‘‘(d) PETITION PROGRAM.— ‘‘(A) that are pathogenic organisms for ment responsibility under section 1413). ‘‘(1) IN GENERAL.— which a national primary drinking water ‘‘(2) GUIDELINES.—Not later than 18 months ‘‘(A) ESTABLISHMENT.—A State may estab- regulation has been established or is re- after the date of enactment of the Safe lish a program under which an owner or op- quired under section 1412(b)(2)(C); or Drinking Water Act Amendments of 1995 and erator of a community water system in the ‘‘(B) for which a national primary drinking after consultation with the States, the Ad- State, or a municipal or local government or water regulation has been promulgated or ministrator shall publish information to as- political subdivision of a government in the proposed and— sist States in carrying out paragraph (1). In State, may submit a source water quality ‘‘(i) that are detected in the community the case of a State with primary enforce- protection partnership petition to the State water system for which the petition is sub- requesting that the State assist in the local ment responsibility under section 1413 or any mitted at levels above the maximum con- development of a voluntary, incentive-based other State that has established a training pro- taminant level; or partnership, among the owner, operator, or gram that is consistent with the guidance issued ‘‘(ii) that are detected by adequate mon- government and other persons likely to be under this paragraph, the authority to pre- itoring methods at levels that are not reli- affected by the recommendations of the part- scribe the appropriate level of training for ably and consistently below the maximum nership, to— certification for all systems shall be solely contaminant level. ‘‘(i) reduce the presence in drinking water the responsibility of the State. The guidance ‘‘(4) CONTENTS.—A petition submitted of contaminants that may be addressed by a issued under this paragraph shall also in- under this subsection shall, at a minimum— petition by considering the origins of the clude information to assist States in certify- ‘‘(A) include a delineation of the source contaminants, including to the maximum ing laboratories engaged in testing for the water area in the State that is the subject of purpose of compliance with sections 1445 and extent practicable the specific activities that affect the drinking water supply of a the petition; 1401(1). ‘‘(B) identify, to the maximum extent prac- ‘‘(3) NONCOMPLIANCE.—If a public water sys- community; ‘‘(ii) obtain financial or technical assist- ticable, the origins of the drinking water tem in a State is not operated in accordance contaminants that may be addressed by a pe- with paragraph (1), the Administrator is au- ance necessary to facilitate establishment of a partnership, or to develop and implement tition (including to the maximum extent thorized to withhold from funds that would practicable the specific activities contribut- otherwise be allocated to the State under recommendations of a partnership for the ing to the presence of the contaminants) in section 1472 or require the repayment of an protection of source water to assist in the the source water area delineated under sub- amount equal to the amount of any assist- provision of drinking water that complies paragraph (A); ance under part G provided to the public with national primary drinking water regu- ‘‘(C) identify any deficiencies in informa- water system.’’. lations with respect to contaminants addressed by a petition; and tion that will impair the development of rec- SEC. 17. SOURCE WATER QUALITY PROTECTION ommendations by the voluntary local part- PARTNERSHIPS. ‘‘(iii) develop recommendations regarding Part B (42 U.S.C. 300g et seq.) (as amended voluntary and incentive-based strategies for nership to address drinking water contami- by section 15) is further amended by adding the long-term protection of the source water nants that may be addressed by a petition; at the end the following: of community water systems. ‘‘(D) specify the efforts made to establish the voluntary local partnership and obtain ‘‘SOURCE WATER QUALITY PROTECTION ‘‘(B) STATE DETERMINATION.—Not later the participation of— PARTNERSHIP PROGRAM than 1 year after the date of enactment of this section, each State shall provide public ‘‘(i) the municipal or local government or ‘‘SEC. 1419. (a) SOURCE WATER AREA DELIN- notice and solicit public comment on the other political subdivision of the State with EATIONS.—Except as provided in subsection jurisdiction over the source water area delin- (c), not later than 5 years after the date of question of whether to develop a source water quality protection partnership peti- eated under subparagraph (A); and enactment of this section, and after an op- ‘‘(ii) each person in the source water area portunity for public comment, each State tion program in the State, and publicly an- delineated under subparagraph (A)— shall— nounce the determination of the State there- ‘‘(I) who is likely to be affected by rec- ‘‘(1) delineate (directly or through delega- after. If so requested by any public water ommendations of the voluntary local part- tion) the source water protection areas for system or local governmental entity, prior nership; and community water systems in the State using to making the determination, the State shall ‘‘(II) whose participation is essential to the hydrogeologic information considered to be hold at least one public hearing to assess the success of the partnership; reasonably available and appropriate by the level of interest in the State for development ‘‘(E) outline how the voluntary local part- State; and and implementation of a State source water nership has or will, during development and ‘‘(2) conduct, to the extent practicable, quality partnership petition program. implementation of recommendations of the vulnerability assessments in source water ‘‘(C) FUNDING.—Each State may— voluntary local partnership, identify, recog- areas determined to be a priority by the ‘‘(i) use funds set aside pursuant to section nize and take into account any voluntary or State, including, to the extent practicable, 1473(f) by the State to carry out a program other activities already being undertaken by identification of risks in source water pro- described in subparagraph (A), including as- persons in the source water area delineated tection areas to drinking water. sistance to voluntary local partnerships for ‘‘(b) ALTERNATIVE DELINEATIONS AND VUL- the development and implementation of under subparagraph (A) under Federal or NERABILITY ASSESSMENTS.—For the purposes partnership recommendations for the protec- State law to reduce the likelihood that con- of satisfying the requirements of subsection tion of øsource water,¿ source water such as taminants will occur in drinking water at (a), a State may use delineations and vulner- source water quality assessment, contin- levels of public health concern; and ability assessments conducted for— gency plans, and demonstration projects for ‘‘(F) specify the technical, financial, or ‘‘(1) ground water sources under a State partners within a source water area delin- other assistance that the voluntary local wellhead protection program developed pur- eated under subsection (a); and partnership requests of the State to develop suant to section 1428; ‘‘(ii) provide assistance in response to a pe- the partnership or to implement rec- ‘‘(2) surface or ground water sources under tition submitted under this subsection using ommendations of the partnership. a State pesticide management plan devel- funds referred to in subsections (e)(2)(B) and ‘‘(e) APPROVAL OR DISAPPROVAL OF PETI- oped pursuant to the Pesticide and Ground (g). TIONS.— Water State Management Plan Regulation ‘‘(2) OBJECTIVES.—The objectives of a peti- ‘‘(1) IN GENERAL.—After providing notice (subparts I and J of part 152 of title 40, Code tion submitted under this subsection shall be and an opportunity for public comment on a of Federal Regulations), promulgated under to— petition submitted under subsection (d), the section 3(d) of the Federal Insecticide, Fun- ‘‘(A) facilitate the local development of State shall approve or disapprove the peti- gicide, and Rodenticide Act (7 U.S.C. 136a(d)); voluntary, incentive-based partnerships tion, in whole or in part, not later than 120 or among owners and operators of community days after the date of submission of the peti- ‘‘(3) surface water sources under a State water systems, governments, and other per- tion. watershed initiative or to satisfy the water- sons in source water areas; and ‘‘(2) APPROVAL.—The State may approve a shed criterion for determining if filtration is ‘‘(B) obtain assistance from the State in di- petition if the petition meets the require- required under the Surface Water Treatment recting or redirecting resources under Fed- ments established under subsection (d). The Rule (section 141.70 of title 40, Code of Fed- eral or State water quality programs to im- notice of approval shall, at a minimum, eral Regulations). plement the recommendations of the part- include— November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17711 ‘‘(A) an identification of technical, finan- a program under this section that is ap- (2) by adding at the end the following: cial, or other assistance that the State will proved under paragraph (2). The amount of ‘‘(c) INTERIM PRIMARY ENFORCEMENT AU- provide to assist in addressing the drinking each grant shall not exceed 50 percent of the THORITY.—A State that has primary enforce- water contaminants that may be addressed cost of administering the program for the ment authority under this section with re- by a petition based on— year in which the grant is available. spect to each existing national primary ‘‘(i) the relative priority of the public ‘‘(2) APPROVAL.—In order to receive grant drinking water regulation shall be consid- health concern identified in the petition assistance under this subsection, a State ered to have primary enforcement authority with respect to the other water quality needs shall submit to the Administrator for ap- with respect to each new or revised national proval a plan for a source water quality pro- identified by the State; primary drinking water regulation during tection partnership program that is consist- ‘‘(ii) any necessary coordination that the the period beginning on the effective date of ent with the guidance published under para- State will perform of the program estab- a regulation adopted and submitted by the graph (3). The Administrator shall approve lished under this section with programs im- State with respect to the new or revised na- the plan if the plan is consistent with the plemented or planned by other States under tional primary drinking water regulation in guidance published under paragraph (3). this section; and accordance with subsection (b)(1) and ending ‘‘(3) GUIDANCE.— ‘‘(iii) funds available (including funds at such time as the Administrator makes a ‘‘(A) IN GENERAL.—Not later than 1 year available from a State revolving loan fund determination under subsection (b)(2) with after the date of enactment of this section, established under title VI of the Federal respect to the regulation.’’. Water Pollution Control Act (33 U.S.C. 1381 the Administrator, in consultation with the et seq.) or part G and the appropriate dis- States, shall publish guidance to assist— (b) PUBLIC WATER SYSTEM SUPERVISION tribution of the funds to assist in imple- ‘‘(i) States in the development of a source PROGRAM.—Section 1443(a) (42 U.S.C. 300j– menting the recommendations of the part- water quality protection partnership pro- 2(a)) is amended— nership; gram; and (1) in paragraph (3)— ‘‘(B) a description of technical or financial ‘‘(ii) municipal or local governments or po- (A) by striking ‘‘(3) A grant’’ and inserting assistance pursuant to Federal and State litical subdivisions of the governments and the following: programs that is available to assist in imple- community water systems in the develop- ‘‘(3) AMOUNT OF GRANT.— menting recommendations of the partner- ment of source water quality protection ‘‘(A) IN GENERAL.—A grant’’; and ship in the petition, including— partnerships and in the assessment of source (B) by adding at the end the following: ‘‘(i) any program established under the water quality. ‘‘(B) DETERMINATION OF COSTS.—To deter- Federal Water Pollution Control Act (33 ‘‘(B) CONTENTS OF THE GUIDANCE.—The mine the costs of a grant recipient pursuant U.S.C. 1251 et seq.); guidance shall, at a minimum— to this paragraph, the Administrator shall, ‘‘(ii) the program established under section ‘‘(i) recommend procedures for the ap- in cooperation with the States and not later 6217 of the Coastal Zone Act Reauthorization proval or disapproval by a State of a petition than 180 days after the date of enactment of Amendments of 1990 (16 U.S.C. 1455b); submitted under subsection (d); this subparagraph, establish a resource ‘‘(iii) the agricultural water quality pro- ‘‘(ii) recommend procedures for the sub- model for the public water system super- tection program established under chapter 2 mission of petitions developed under sub- vision program and review and revise the section (d); of subtitle D of title XII of the Food Security model as necessary. ‘‘(iii) recommend criteria for the delinea- Act of 1985 (16 U.S.C. 3838 et seq.); ø ‘‘(C) STATE COST ADJUSTMENTS.—The Ad- tion assessment of source water areas within ‘‘(iv) the sole source aquifer protection ¿ ministrator shall revise cost estimates used a State; program established under section 1427; in the resource model for any particular ‘‘(iv) describe technical or financial assist- ‘‘(v) the community wellhead protection State to reflect costs more likely to be expe- ance pursuant to Federal and State pro- program established under section 1428; rienced in that State, if— grams that is available to address the con- ‘‘(vi) any pesticide or ground water man- ‘‘(i) the State requests the modification; tamination of sources of drinking water and agement plan; and and ø ¿ to develop and respond to petitions submit- ‘‘(vii) any voluntary agricultural resource ‘‘(ii) the revised estimates ensure full and ted under subsection (d); and management plan or voluntary whole farm or effective administration of the public water ‘‘(v) specify actions taken by the Adminis- whole ranch management plan developed and system supervision program in the State and trator to ensure the coordination of the pro- implemented under a process established by the the revised estimates do not overstate the grams referred to in clause (iv) with the Secretary of Agriculture; and resources needed to administer the pro- goals and objectives of this title to the maxi- ‘‘(vii) ‘‘(viii) any abandoned well closure gram.’’; ø ¿ mum extent practicable. program; and (2) in paragraph (7), by adding at the end a ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) a description of activities that will be period and the following: There are authorized to be appropriated to undertaken to coordinate Federal and State carry out this subsection such sums as are ‘‘For the purpose of making grants under programs to respond to the petition. necessary for fiscal years 1995 through 2003. paragraph (1), there are authorized to be ap- ‘‘(3) DISAPPROVAL.—If the State dis- Each State with a plan for a program appropriated such sums as are necessary for approves a petition submitted under sub- proved under paragraph (2) shall receive an each of fiscal years 1992 and 1993 and section (d), the State shall notify the entity equitable portion of the funds available for $100,000,000 for each of fiscal years 1994 submitting the petition in writing of the rea- any fiscal year. through 2003.’’; and sons for disapproval. A petition may be re- ‘‘(h) STATUTORY CONSTRUCTION.—Nothing (3) by adding at the end the following: submitted at any time if— in this section— ‘‘(8) RESERVATION OF FUNDS BY THE ADMIN- ‘‘(A) new information becomes available; ‘‘(1)(A) creates or conveys new authority to ISTRATOR.—If the Administrator assumes the ‘‘(B) conditions affecting the source water a State, political subdivision of a State, or primary enforcement responsibility of a that is the subject of the petition change; or community water system for any new regu- State public water system supervision pro- ‘‘(C) modifications are made in the type of latory measure; or gram, the Administrator may reserve from assistance being requested. ‘‘(B) limits any øexisting¿ authority of a funds made available pursuant to this sub- ‘‘(f) ELIGIBILITY FOR WATER QUALITY PRO- State, political subdivision, or community section, an amount equal to the amount that TECTION ASSISTANCE.—A sole source aquifer water system; or would otherwise have been provided to the plan developed under section 1427, a wellhead ‘‘(2) precludes a community water system, State pursuant to this subsection. The Ad- protection plan developed under section 1428, municipal or local government, or political ministrator shall use the funds reserved pur- and a source water quality protection measure assisted in response to a petition submit- subdivision of a government from locally de- suant to this paragraph to ensure the full ted under subsection (d) shall be eligible for veloping and carrying out a voluntary, in- and effective administration of a public assistance under the Federal Water Pollu- centive-based, source water quality protec- water system supervision program in the tion Control Act (33 U.S.C. 1251 et seq.), in- tion partnership to address the origins of State. cluding assistance provided under section 319 drinking water contaminants of public ‘‘(9) STATE LOAN FUNDS.— and title VI of such Act (33 U.S.C. 1329 and health concern.’’. ‘‘(A) RESERVATION OF FUNDS.—For any fis- 1381 et seq.), if the project, measure, or prac- SEC. 18. STATE PRIMACY; STATE FUNDING. cal year for which the amount made avail- tice would be eligible for assistance under (a) STATE PRIMARY ENFORCEMENT RESPON- able to the Administrator by appropriations such Act. In the case of funds made available SIBILITY.—Section 1413 (42 U.S.C. 300g–2) is to carry out this subsection is less than the under such section 319 to assist a source amended— amount that the Administrator determines water quality protection measure in re- (1) in subsection (a), by striking paragraph is necessary to supplement funds made avail- sponse to a petition submitted under sub- (1) and inserting the following: able pursuant to paragraph (8) to ensure the section (d), the funds may be used only for a ‘‘(1) has adopted drinking water regula- full and effective administration of a public measure that addresses nonpoint source pol- tions that are no less stringent than the na- water system supervision program in a State lution. tional primary drinking water regulations (based on the resource model developed ‘‘(g) GRANTS TO SUPPORT STATE PRO- promulgated by the Administrator under under paragraph (3)(B)), the Administrator GRAMS.— section 1412 not later than 2 years after the may reserve from the funds made available ‘‘(1) IN GENERAL.—The Administrator may date on which the regulations are promul- to the State under section 1472 an amount make a grant to each State that establishes gated by the Administrator;’’; and that is equal to the amount of the shortfall. S 17712 CONGRESSIONAL RECORD — SENATE November 29, 1995

‘‘(B) DUTY OF ADMINISTRATOR.—If the Ad- alternative monitoring requirements as nec- ernor, the Administrator shall modify the re- ministrator reserves funds from the alloca- essary. quirements for public water systems in that tion of a State under subparagraph (A), the ‘‘(iii) APPLICATION OF SECTION 1413.— State if the request of the Governor is in ac- Administrator shall carry out in the State— ‘‘(I) IN GENERAL.—Each State establishing cordance with each of the requirements of ‘‘(i) each of the activities that would be re- alternative monitoring requirements under this subparagraph that apply to alternative quired of the State if the State had primary this subparagraph shall submit the rule to monitoring requirements established by enforcement authority under section 1413; the Administrator as provided in section States that have primary enforcement re- and 1413(b)(1). Any requirements for a State to sponsibility. A decision by the Adminis- ‘‘(ii) each of the activities required of the provide information supporting a submission trator to approve a request under this clause State by this title, other than part C, but shall be defined only in consultation with shall be for a period of 3 years and may sub- not made a condition of the authority.’’. the States, and shall address only such infor- sequently be extended for periods of 5 years. SEC. 19. MONITORING AND INFORMATION GATH- mation as is necessary to make a decision to ‘‘(vi) GUIDANCE.—The Administrator shall ERING. approve or disapprove an alternative mon- issue guidance in consultation with the itoring rule in accordance with the following (a) REGULATED CONTAMINANTS.— States that States may use to develop State- sentence. The Administrator shall approve (1) REVIEW OF EXISTING REQUIREMENTS.— established requirements pursuant to this Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) is an alternative monitoring rule submitted subparagraph and subparagraph (E). The under this clause for the purposes of section amended— guidance shall identify options for alter- 1413, unless the Administrator determines in (A) by designating the first and second sen- native monitoring designs that meet the cri- writing that the State rule for alternative tences as subparagraphs (A) and (B), respec- teria identified in clause (i) and the require- monitoring does not ensure compliance with, tively; and ments of clause (ii).’’. and enforcement of, the national primary (B) by adding at the end the following: (3) SMALL SYSTEM MONITORING.—Section drinking water regulation for the contami- ‘‘(C) REVIEW.—The Administrator shall not 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as amended nant or contaminants to which the rule ap- later than 2 years after the date of enact- by paragraph (2)) is further amended by add- plies. ment of this subparagraph, after consulta- ing at the end the following: ‘‘(II) EXCEPTIONS.—The requirements of ‘‘(E) SMALL SYSTEM MONITORING.—The Ad- tion with public health experts, representa- section 1413(a)(1) that a rule be no less strin- tives of the general public, and officials of ministrator or a State that has primary en- gent than the national primary drinking forcement responsibility under section 1413 State and local governments, review the water regulation for the contaminant or con- monitoring requirements for not fewer than may modify the monitoring requirements for taminants to which the rule applies shall not any contaminant, other than a microbial 12 contaminants identified by the Adminis- apply to the decision of the Administrator to trator, and promulgate any necessary modi- contaminant or an indicator of a microbial approve or disapprove a rule submitted under contaminant, a contaminant regulated on fications.’’. this clause. Notwithstanding the require- (2) ALTERNATIVE MONITORING PROGRAMS.— the basis of an acute health effect, or a con- ments of section 1413(b)(2), the Adminis- taminant formed in the treatment process or Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as trator shall approve or disapprove a rule sub- amended by paragraph (1)(B)) is further in the distribution system, to provide that mitted under this clause within 180 days of any public water system that serves a popu- amended by adding at the end the following: submission. In the absence of a determina- lation of 10,000 or fewer shall not be required ‘‘(D) STATE-ESTABLISHED REQUIREMENTS.— tion to disapprove a rule made by the Ad- to conduct additional quarterly monitoring ‘‘(i) IN GENERAL.—Each State with primary ministrator within 180 days, the rule shall be during any 3-year period for a specific con- enforcement responsibility under section deemed to be approved under section taminant if monitoring conducted at the be- 1413 may, by rule, establish alternative mon- 1413(b)(2). ginning of the period for the contaminant itoring requirements for any national pri- ‘‘(III) ADDITIONAL CONSIDERATIONS.—A fails to detect the presence of the contami- mary drinking water regulation, other than State shall be considered to have primary nant in the water supplied by the public a regulation applicable to a microbial con- enforcement authority with regard to an al- water system, and the Administrator or the taminant (or an indicator of a microbial con- ternative monitoring rule, and the rule shall State determines that the contaminant is taminant). The alternative monitoring re- be effective, on a date (determined by the quirements established by a State under this State) any time on or after submission of the unlikely to be detected by further monitor- clause may not take effect for any national rule, consistent with section 1413(c). A deci- ing in the period.’’. primary drinking water regulation until sion by the Administrator to disapprove an (b) UNREGULATED CONTAMINANTS.—Section after completion of at least 1 full cycle of alternative monitoring rule under section 1445(a) (42 U.S.C. 300j–4(a)) is amended by monitoring in the State satisfying the re- 1413 or to withdraw the authority of the striking paragraphs (2) through (8) and in- quirements of paragraphs (1) and (2) of sec- State to carry out the rule under clause (iv) serting the following: tion 1413(a). The alternative monitoring re- may not be the basis for withdrawing pri- ‘‘(2) MONITORING PROGRAM FOR UNREGU- quirements may be applicable to public mary enforcement responsibility for a na- LATED CONTAMINANTS.— water systems or classes of public water sys- tional primary drinking water regulation or ‘‘(A) ESTABLISHMENT.—The Administrator tems identified by the State, in lieu of the regulations from the State under section shall promulgate regulations establishing monitoring requirements that would other- 1413. the criteria for a monitoring program for unwise be applicable under the regulation, if ‘‘(iv) OVERSIGHT BY THE ADMINISTRATOR.— regulated contaminants. The regulations the alternative monitoring requirements— The Administrator shall review, not less shall require monitoring of drinking water ‘‘(I) are based on use of the best available often than every 5 years, any alternative supplied by public water systems and shall science conducted in accordance with sound monitoring requirements established by a vary the frequency and schedule for monitor- and objective scientific practices and data State under clause (i) to determine whether ing requirements for systems based on the collected by accepted methods; the requirements are adequate to ensure number of persons served by the system, the ‘‘(II) are based on the potential for the con- compliance with, and enforcement of, na- source of supply, and the contaminants like- taminant to occur in the source water based tional primary drinking water regulations. If ly to be found. on use patterns and other relevant charac- the Administrator determines that the alter- ‘‘(B) MONITORING PROGRAM FOR CERTAIN UN- teristics of the contaminant or the systems native monitoring requirements of a State REGULATED CONTAMINANTS.— subject to the requirements; are inadequate with respect to a contami- ‘‘(i) INITIAL LIST.—Not later than 3 years ‘‘(III) in the case of a public water system nant, and after providing the State with an after the date of enactment of the Safe or class of public water systems in which a opportunity to respond to the determination Drinking Water Amendments of 1995 and contaminant has been detected at quantifi- of the Administrator and to correct any in- every 5 years thereafter, the Administrator able levels that are not reliably and consist- adequacies, the Administrator may withdraw shall issue a list pursuant to subparagraph ently below the maximum contaminant the authority of the State to carry out the (A) of not more than 20 unregulated contami- level, include monitoring frequencies that alternative monitoring requirements with nants to be monitored by public water sys- are not less frequent than the frequencies re- respect to the contaminant. If the Adminis- tems and to be included in the national quired in the national primary drinking trator withdraws the authority, the monitor- drinking water occurrence data base main- water regulation for the contaminant for a ing requirements contained in the national tained pursuant to paragraph (3). period of 5 years after the detection; and primary drinking water regulation for the ‘‘(ii) GOVERNORS’ PETITION.—The Adminis- ‘‘(IV) in the case of each contaminant contaminant shall apply to public water sys- trator shall include among the list of con- formed in the distribution system, are not tems in the State. taminants for which monitoring is required applicable to public water systems for which ‘‘(v) NONPRIMACY STATES.—The Governor of under this paragraph each contaminant rec- treatment is necessary to comply with the any State that does not have primary en- ommended in a petition signed by the Gov- national primary drinking water regulation. forcement responsibility under section 1413 ernor of each of 7 or more States, unless the ‘‘(ii) COMPLIANCE AND ENFORCEMENT.—The on the date of enactment of this clause may Administrator determines that the action alternative monitoring requirements estab- submit to the Administrator a request that would prevent the listing of other contami- lished by the State shall be adequate to en- the Administrator modify the monitoring re- nants of a higher public health concern. sure compliance with, and enforcement of, quirements established by the Administrator ‘‘(C) MONITORING BY LARGE SYSTEMS.—A each national primary drinking water regu- and applicable to public water systems in public water system that serves a population lation. The State may review and update the that State. After consultation with the Gov- of more than 10,000 shall conduct monitoring November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17713 for all contaminants listed under subpara- clude information on the detection of the ‘‘(ii) any failure to comply with the re- graph (B). contaminant at a quantifiable level in public quirements of any schedule prescribed pursu- ‘‘(D) MONITORING PLAN FOR SMALL AND ME- water systems (including detection of the ant to the variance or exemption; and DIUM SYSTEMS.— contaminant at levels not constituting a vio- ‘‘(C) of the concentration level of any un- ‘‘(i) IN GENERAL.—Based on the regulations lation of the maximum contaminant level regulated contaminant for which the Admin- promulgated by the Administrator, each for the contaminant). istrator has required public notice pursuant State shall develop a representative mon- ‘‘(F) UNREGULATED CONTAMINANTS.—With to paragraph (2)(E). itoring plan to assess the occurrence of un- respect to contaminants for which a national ‘‘(2) FORM, MANNER, AND FREQUENCY OF NO- regulated contaminants in public water sys- primary drinking water regulation has not TICE.— tems that serve a population of 10,000 or been established, the data base shall in- ‘‘(A) IN GENERAL.—The Administrator fewer. The plan shall require monitoring for clude— shall, by regulation, and after consultation systems representative of different sizes, ‘‘(i) monitoring information collected by with the States, prescribe the manner, fre- types, and geographic locations in the State. public water systems that serve a population quency, form, and content for giving notice ‘‘(ii) GRANTS FOR SMALL SYSTEM COSTS.— of more than 10,000, as required by the Ad- under this subsection. The regulations From funds reserved under section 1478(c), ministrator under paragraph (2); shall— the Administrator shall pay the reasonable ‘‘(ii) monitoring information collected by ‘‘(i) provide for different frequencies of no- cost of such testing and laboratory analysis the States from a representative sampling of tice based on the differences between viola- as are necessary to carry out monitoring public water systems that serve a population tions that are intermittent or infrequent and under the plan. of 10,000 or fewer; and violations that are continuous or frequent; ‘‘(E) MONITORING RESULTS.—Each public ‘‘(iii) other reliable and appropriate mon- and water system that conducts monitoring of itoring information on the occurrence of the ‘‘(ii) take into account the seriousness of unregulated contaminants pursuant to this contaminants in public water systems that any potential adverse health effects that paragraph shall provide the results of the is available to the Administrator.’’. may be involved. monitoring to the primary enforcement au- (d) INFORMATION.— ‘‘(B) STATE REQUIREMENTS.— thority for the system. (1) MONITORING AND TESTING AUTHORITY.— ‘‘(i) IN GENERAL.—A State may, by rule, es- ‘‘(F) WAIVER OF MONITORING REQUIRE- Subparagraph (A) of section 1445(a)(1) (42 tablish alternative notification require- MENT.—The Administrator shall waive the U.S.C. 300j–4(a)(1)) (as designated by sub- ments— requirement for monitoring for a contami- section (a)(1)(A)) is amended— ‘‘(I) with respect to the form and content nant under this paragraph in a State, if the (A) by inserting ‘‘by accepted methods’’ of notice given under and in a manner in ac- State demonstrates that the criteria for list- after ‘‘conduct such monitoring’’; and cordance with subparagraph (C); and ing the contaminant do not apply in that (B) by striking ‘‘such information as the ‘‘(II) with respect to the form and content State. Administrator may reasonably require’’ and of notice given under subparagraph (D). ‘‘(G) ANALYTICAL METHODS.—The State all that follows through the period at the ‘‘(ii) CONTENTS.—The alternative require- may use screening methods approved by the end and inserting the following: ‘‘such infor- ments shall provide the same type and Administrator under subsection (h) in lieu of mation as the Administrator may reasonably amount of information as required pursuant monitoring for particular contaminants require— to this subsection and regulations issued under this paragraph. ‘‘(i) to assist the Administrator in estab- under subparagraph (A). ‘‘(H) AUTHORIZATION OF APPROPRIATIONS.— lishing regulations under this title or to as- ‘‘(iii) RELATIONSHIP TO SECTION 1413.—Noth- There are authorized to be appropriated to sist the Administrator in determining, on a ing in this subparagraph shall be construed carry out this paragraph $10,000,000 for each case-by-case basis, whether the person has or applied to modify the requirements of sec- of fiscal years 1995 through 2003.’’. acted or is acting in compliance with this tion 1413. (c) NATIONAL DRINKING WATER OCCURRENCE title; and ‘‘(C) VIOLATIONS WITH POTENTIAL TO HAVE DATABASE.—Section 1445(a) (42 U.S.C. 300j– ‘‘(ii) by regulation to assist the Adminis- SERIOUS ADVERSE EFFECTS ON HUMAN 4(a)) (as amended by subsection (b)) is fur- trator in determining compliance with na- HEALTH.—Regulations issued under subpara- ther amended by adding at the end the fol- tional primary drinking water regulations graph (A) shall specify notification proce- lowing: promulgated under section 1412 or in admin- dures for each violation by a public water ‘‘(3) NATIONAL DRINKING WATER OCCURRENCE istering any program of financial assistance system that has the potential to have seri- DATABASE.— under this title. ous adverse effects on human health as a re- ‘‘(A) IN GENERAL.—Not later than 3 years If the Administrator is requiring monitoring sult of short-term exposure. Each notice of after the date of enactment of the Safe for purposes of testing new or alternative violation provided under this subparagraph Drinking Water Act Amendments of 1995, the methods, the Administrator may require the shall— Administrator shall assemble and maintain a use of other than accepted methods.’’. ‘‘(i) be distributed as soon as practicable national drinking water occurrence data (2) SCREENING METHODS.—Section 1445 (42 after the occurrence of the violation, but not base, using information on the occurrence of U.S.C. 300j–4) (as amended by section 12(c)) is later than 24 hours after the occurrence of both regulated and unregulated contami- further amended by adding at the end the the violation; nants in public water systems obtained following: ‘‘(ii) provide a clear and readily under- under paragraph (2) and reliable information ‘‘(h) SCREENING METHODS.—The Adminis- standable explanation of— from other public and private sources. trator shall review new analytical methods ‘‘(I) the violation; ‘‘(B) USE.—The data shall be used by the to screen for regulated contaminants and ‘‘(II) the potential adverse effects on Administrator in making determinations may approve such methods as are more accu- human health; under section 1412(b)(1) with respect to the rate or cost-effective than established ref- ‘‘(III) the steps that the public water sys- occurrence of a contaminant in drinking erence methods for use in compliance mon- tem is taking to correct the violation; and water at a level of public health concern. itoring.’’. ‘‘(IV) the necessity of seeking alternative ‘‘(C) PUBLIC RECOMMENDATIONS.—The Ad- SEC. 20. PUBLIC NOTIFICATION. water supplies until the violation is cor- ministrator shall periodically solicit rec- Section 1414 (42 U.S.C. 300g–3) is amended rected; ommendations from the appropriate officials by striking subsection (c) and inserting the ‘‘(iii) be provided to the Administrator or of the National Academy of Sciences and the following: the head of the State agency that has pri- States, and any person may submit rec- ‘‘(c) NOTICE TO PERSONS SERVED.— mary enforcement responsibility under sec- ommendations to the Administrator, with ‘‘(1) IN GENERAL.—Each owner or operator tion 1413 as soon as practicable, but not later respect to contaminants that should be in- of a public water system shall give notice to than 24 hours after the occurrence of the vio- cluded in the national drinking water occur- the persons served by the system— lation; and rence data base, including recommendations ‘‘(A) of any failure on the part of the public ‘‘(iv) as required by the State agency in with respect to additional unregulated con- water system to— general regulations of the State agency, or taminants that should be listed under para- ‘‘(i) comply with an applicable maximum on a case-by-case basis after the consulta- graph (2). Any recommendation submitted contaminant level or treatment technique tion referred to in clause (iii), considering under this clause shall be accompanied by requirement of, or a testing procedure pre- the health risks involved— reasonable documentation that— scribed by, a national primary drinking ‘‘(I) be provided to appropriate broadcast ‘‘(i) the contaminant occurs or is likely to water regulation; or media; occur in drinking water; and ‘‘(ii) perform monitoring required by sec- ‘‘(II) be prominently published in a news- ‘‘(ii) the contaminant poses a risk to public tion 1445(a); paper of general circulation serving the area health. ‘‘(B) if the public water system is subject not later than 1 day after distribution of a ‘‘(D) PUBLIC AVAILABILITY.—The informa- to a variance granted under section notice pursuant to clause (i) or the date of tion from the data base shall be available to 1415(a)(1)(A), 1415(a)(2), or 1415(e) for an in- publication of the next issue of the news- the public in readily accessible form. ability to meet a maximum contaminant paper; or ‘‘(E) REGULATED CONTAMINANTS.—With re- level requirement or is subject to an exemp- ‘‘(III) be provided by posting or door-to- spect to each contaminant for which a nation granted under section 1416, of— door notification in lieu of notification by tional primary drinking water regulation ‘‘(i) the existence of the variance or exemp- means of broadcast media or newspaper. has been established, the data base shall in- tion; and ‘‘(D) WRITTEN NOTICE.— S 17714 CONGRESSIONAL RECORD — SENATE November 29, 1995

‘‘(i) IN GENERAL.—Regulations issued under (ii) in subparagraph (B), by striking ‘‘regu- ‘‘(B) the consolidation of significant man- subparagraph (A) shall specify notification lation or’’ and inserting ‘‘applicable’’; and agement and administrative functions of the procedures for violations other than the vio- (B) by striking paragraph (2) and inserting system with 1 or more other systems; or lations covered by subparagraph (C). The the following: ‘‘(C) the transfer of ownership of the sys- procedures shall specify that a public water ‘‘(2) ENFORCEMENT IN NONPRIMACY STATES.— tem that may reasonably be expected to im- system shall provide written notice to each ‘‘(A) IN GENERAL.—If, on the basis of infor- prove drinking water quality. person served by the system by notice— mation available to the Administrator, the ‘‘(2) CONSEQUENCES OF APPROVAL.—If the ‘‘(I) in the first bill (if any) prepared after Administrator finds, with respect to a period State or the Administrator approves a plan the date of occurrence of the violation; in which a State does not have primary en- pursuant to paragraph (1), no enforcement ‘‘(II) in an annual report issued not later forcement responsibility for public water action shall be taken pursuant to this part than 1 year after the date of occurrence of systems, that a public water system in the with respect to a specific violation identified the violation; or State— in the approved plan prior to the date that is ‘‘(III) by mail or direct delivery as soon as ‘‘(i) for which a variance under section 1415 the earlier of the date on which consolida- practicable, but not later than 1 year after or an exemption under section 1416 is not in tion is completed according to the plan or the date of occurrence of the violation. effect, does not comply with any applicable the date that is 2 years after the plan is ap- ‘‘(ii) FORM AND MANNER OF NOTICE.—The requirement; or proved. Administrator shall prescribe the form and ‘‘(ii) for which a variance under section ‘‘(i) DEFINITION OF APPLICABLE REQUIRE- manner of the notice to provide a clear and 1415 or an exemption under section 1416 is in MENT.—In this section, the term ‘applicable readily understandable explanation of— effect, does not comply with any schedule or requirement’ means— ‘‘(I) the violation; other requirement imposed pursuant to the ‘‘(1) a requirement of section 1412, 1414, ‘‘(II) any potential adverse health effects; variance or exemption; 1415, 1416, 1417, 1441, ø1442, 1445, 1447, 1463, and the Administrator shall issue an order under 1464, or 1471;¿ or 1445; ‘‘(III) the steps that the system is taking subsection (g) requiring the public water sys- ‘‘(2) a regulation promulgated pursuant to to seek alternative water supplies, if any, tem to comply with the requirement, or a section referred to in paragraph (1); until the violation is corrected. commence a civil action under subsection ‘‘(3) a schedule or requirement imposed ‘‘(E) UNREGULATED CONTAMINANTS.—The (b). pursuant to a section referred to in para- Administrator may require the owner or op- graph (1); and ‘‘(B) NOTICE.—If the Administrator takes erator of a public water system to give no- ‘‘(4) a requirement of, or permit issued any action pursuant to this paragraph, the tice to the persons served by the system of under, an applicable State program for which Administrator shall notify an appropriate the concentration levels of an unregulated the Administrator has made a determination local elected official, if any, with jurisdic- contaminant required to be monitored under that the requirements of section 1413 have tion over the public water system of the ac- section 1445(a). been satisfied, or an applicable State pro- tion prior to the time that the action is ‘‘(3) REPORTS.— gram approved pursuant to this part.’’. ‘‘(A) ANNUAL REPORT BY STATE.— taken.’’; (2) in the first sentence of subsection (b), (b) STATE AUTHORITY FOR ADMINISTRATIVE ‘‘(i) IN GENERAL.—Not later than January 1, PENALTIES.—Section 1413(a) (42 U.S.C. 300g– 1997, and annually thereafter, each State by striking ‘‘a national primary drinking water regulation’’ and inserting ‘‘any appli- 2(a)) is amended— that has primary enforcement responsibility (1) by striking ‘‘and’’ at the end of para- cable requirement’’; under section 1413 shall prepare, make read- graph (4); (3) in subsection (g)— ily available to the public, and submit to the (2) by striking the period at the end of (A) in paragraph (1), by striking ‘‘regula- Administrator an annual report on viola- paragraph (5) and inserting ‘‘; and’’; and tion, schedule, or other’’ each place it ap- tions of national primary drinking water (3) by adding at the end the following: pears and inserting ‘‘applicable’’; regulations by public water systems in the ‘‘(6) has adopted authority for administra- (B) in paragraph (2)— State, including violations with respect to— tive penalties (unless the constitution of the (i) in the first sentence— ‘‘(I) maximum contaminant levels; State prohibits the adoption of the author- (I) by striking ‘‘effect until after notice ‘‘(II) treatment requirements; ity) in a maximum amount— and opportunity for public hearing and,’’ and ‘‘(III) variances and exemptions; and ‘‘(A) in the case of a system serving a pop- inserting ‘‘effect,’’; and ‘‘(IV) monitoring requirements determined ulation of more than 10,000, that is not less to be significant by the Administrator after (II) by striking ‘‘proposed order’’ and in- than $1,000 per day per violation; and consultation with the States. serting ‘‘order’’; and ‘‘(B) in the case of any other system, that ‘‘(ii) DISTRIBUTION.—The State shall pub- (ii) in the second sentence, by striking is adequate to ensure compliance (as deter- lish and distribute summaries of the report ‘‘proposed to be’’; and mined by the State); and indicate where the full report is avail- (C) in paragraph (3)— except that a State may establish a maxi- able for review. (i) by striking subparagraph (B) and insert- mum limitation on the total amount of ad- ‘‘(B) ANNUAL REPORT BY ADMINISTRATOR.— ing the following: ministrative penalties that may be imposed Not later than July 1, 1997, and annually ‘‘(B) EFFECT OF PENALTY AMOUNTS.—In a on a public water system per violation.’’. thereafter, the Administrator shall prepare case in which a civil penalty sought by the and make available to the public an annual Administrator under this paragraph does not (c) JUDICIAL REVIEW.—Section 1448(a) (42 report summarizing and evaluating reports exceed $5,000, the penalty shall be assessed U.S.C. 300j–7(a)) is amended— submitted by States pursuant to subpara- by the Administrator after notice and oppor- (1) in paragraph (2) of the first sentence, by graph (A) and notices submitted by public tunity for a public hearing (unless the person inserting ‘‘final’’ after ‘‘any other’’; water systems serving Indian Tribes pro- against whom the penalty is assessed re- (2) in the second sentence, by striking ‘‘or vided to the Administrator pursuant to sub- quests a hearing on the record in accordance issuance of the order’’ and inserting ‘‘or any paragraph (C) or (D) of paragraph (2) and with section 554 of title 5, United States other final Agency action’’; and making recommendations concerning the re- Code). In a case in which a civil penalty (3) by adding at the end the following ‘‘In sources needed to improve compliance with sought by the Administrator under this para- any petition concerning the assessment of a this title. The report shall include informa- graph exceeds $5,000, but does not exceed civil penalty pursuant to section tion about public water system compliance $25,000, the penalty shall be assessed by the 1414(g)(3)(B), the petitioner shall simulta- on Indian reservations and about enforce- Administrator after notice and opportunity neously send a copy of the complaint by cer- ment activities undertaken and financial as- for a hearing on the record in accordance tified mail to the Administrator and the At- sistance provided by the Administrator on with section 554 of title 5, United States torney General. The court shall set aside Indian reservations, and shall make specific Code.’’; and øor¿ and remand the penalty order if the recommendations concerning the resources (ii) in subparagraph (C), by striking ‘‘para- court finds that there is not substantial evi- needed to improve compliance with this title graph exceeds $5,000’’ and inserting ‘‘sub- dence in the record to support the finding of on Indian reservations.’’. section for a violation of an applicable re- a violation or that the assessment of the penalty by the Administrator constitutes an SEC. 21. ENFORCEMENT; JUDICIAL REVIEW. quirement exceeds $25,000’’; and (4) by adding at the end the following: abuse of discretion.’’. (a) IN GENERAL.—Section 1414 (42 U.S.C. 300g–3) is amended— ‘‘(h) CONSOLIDATION INCENTIVE.— SEC. 22. FEDERAL AGENCIES. (1) in subsection (a)— ‘‘(1) IN GENERAL.—An owner or operator of (a) IN GENERAL.—Subsections (a) and (b) of (A) in paragraph (1)— a public water system may submit to the section 1447 (42 U.S.C. 300j–6) are amended to (i) in subparagraph (A)— State in which the system is located (if the read as follows: (I) in clause (i), by striking ‘‘any national State has primary enforcement responsibil- ‘‘(a) COMPLIANCE.— primary drinking water regulation in effect ity under section 1413) or to the Adminis- ‘‘(1) IN GENERAL.—Each Federal agency under section 1412’’ and inserting ‘‘any appli- trator (if the State does not have primary shall be subject to, and comply with, all Fed- cable requirement’’; and enforcement responsibility) a plan (including eral, State, interstate, and local substantive (II) by striking ‘‘with such regulation or specific measures and schedules) for— and procedural requirements, administrative requirement’’ and inserting ‘‘with the re- ‘‘(A) the physical consolidation of the sys- authorities, and process and sanctions con- quirement’’; and tem with 1 or more other systems; cerning the provision of safe drinking water November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17715

or underground injection in the same man- ‘‘(1) IN GENERAL.—If the Administrator ing such subsection to appear after sub- ner, and to the same extent, as any non- finds that a Federal agency has violated an section (a); governmental entity is subject to, and shall applicable requirement under this title, the (4) in subsection (a)— comply with, the requirements, authorities, Administrator may issue a penalty order as- (A) by striking paragraph (2) (as so amend- and process and sanctions. sessing a penalty against the Federal agen- ed) and inserting the following: ‘‘(2) ADMINISTRATIVE ORDERS AND PEN- cy. ‘‘(2) INFORMATION AND RESEARCH FACILI- ALTIES.—The Federal, State, interstate, and ‘‘(2) PENALTIES.—The Administrator may, TIES.—In carrying out this title, the Admin- local substantive and procedural require- after notice to the agency, assess a civil pen- istrator is authorized to— ments, administrative authorities, and proc- alty against the agency in an amount not to ‘‘(A) collect and make available informa- ess and sanctions referred to in paragraph (1) exceed $25,000 per day per violation. tion pertaining to research, investigations, include all administrative orders and all ‘‘(3) PROCEDURE.—Before an administrative and demonstrations with respect to provid- civil and administrative penalties or fines, penalty order issued under this subsection ing a dependably safe supply of drinking regardless of whether the penalties or fines becomes final, the Administrator shall pro- water, together with appropriate rec- are punitive or coercive in nature or are im- vide the agency an opportunity to confer ommendations in connection with the infor- posed for isolated, intermittent, or continu- with the Administrator and shall provide the mation; and ing violations. agency notice and an opportunity for a hear- ‘‘(B) make available research facilities of ‘‘(3) LIMITED WAIVER OF SOVEREIGN IMMU- ing on the record in accordance with chap- the Agency to appropriate public authori- NITY.—The United States expressly waives ters 5 and 7 of title 5, United States Code. ties, institutions, and individuals engaged in any immunity otherwise applicable to the ‘‘(4) PUBLIC REVIEW.— studies and research relating to this title.’’; United States with respect to any require- ‘‘(A) IN GENERAL.—Any interested person (B) by striking paragraph (3); ment, administrative authority, or process may obtain review of an administrative pen- (C) by redesignating paragraph (11) as para- or sanction referred to in paragraph (2) (in- alty order issued under this subsection. The graph (3) and moving such paragraph to ap- cluding any injunctive relief, administrative review may be obtained in the United States pear before paragraph (4); and order, or civil or administrative penalty or District Court for the District of Columbia (D) by adding at the end the following: fine referred to in paragraph (2), or reason- or in the United States District Court for the ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— able service charge). The reasonable service district in which the violation is alleged to There are authorized to be appropriated to charge referred to in the preceding sentence have occurred by the filing of a complaint the Administrator to carry out research au- includes— with the court within the 30-day period be- thorized by this section $25,000,000 for each of ‘‘(A) a fee or charge assessed in connection ginning on the date the penalty order be- fiscal years 1994 through 2003, of which with the processing, issuance, renewal, or comes final. The person filing the complaint $4,000,000 shall be available for each fiscal amendment of a permit, variance, or exemp- shall simultaneously send a copy of the com- year for research on the health effects of ar- tion, review of a plan, study, or other docu- plaint by certified mail to the Administrator senic in drinking water.’’; ment, or inspection or monitoring of a facil- and the Attorney General. (5) in subsection (b) (as so amended)— ity; and ‘‘(B) RECORD.—The Administrator shall (A) by striking ‘‘subparagraph’’ each place ‘‘(B) any other nondiscriminatory charge promptly file in the court a certified copy of it appears and inserting ‘‘subsection’’; and that is assessed in connection with a Fed- the record on which the order was issued. (B) by adding at the end the following: eral, State, interstate, or local safe drinking ‘‘(C) STANDARD OF REVIEW.—The court shall ‘‘There are authorized to be appropriated to water regulatory program. not set aside or remand the order unless the carry out this subsection $8,000,000 for each ‘‘(4) CIVIL PENALTIES.—No agent, employee, court finds that there is not substantial evi- of fiscal years 1995 through 2003.’’; or officer of the United States shall be per- dence in the record, taken as a whole, to sup- (6) in the first sentence of subsection (c), sonally liable for any civil penalty under port the finding of a violation or that the as- by striking ‘‘eighteen months after the date this subsection with respect to any act or sessment of the penalty by the Adminis- of enactment of this subsection’’ and insert- omission within the scope of the official du- trator constitutes an abuse of discretion. ing ‘‘2 years after the date of enactment of the Safe Drinking Water Act Amendments of ties of the agent, employee, or officer. ‘‘(D) PROHIBITION ON ADDITIONAL PEN- 1995, and every 5 years thereafter’’; ‘‘(5) CRIMINAL SANCTIONS.—An agent, em- ALTIES.—The court may not impose an addi- ployee, or officer of the United States may tional civil penalty for a violation that is (7) in subsection (d) (as amended by para- be subject to a criminal sanction under a subject to the order unless the court finds graph (1))— State, interstate, or local law concerning the that the assessment constitutes an abuse of (A) in paragraph (1), by striking ‘‘, and’’ at the end and inserting a semicolon; provision of drinking water or underground discretion by the Administrator.’’. injection. No department, agency, or instru- (c) CITIZEN ENFORCEMENT.—The first sen- (B) in paragraph (2), by striking the period mentality of the executive, legislative, or ju- tence of section 1449(a) (42 U.S.C. 300j–8(a)) is at the end and inserting a semicolon; dicial branch of the Federal Government amended— (C) in paragraph (3), by striking the period shall be subject to a sanction referred to in (1) in paragraph (1), by striking ‘‘, or’’ and at the end and inserting ‘‘; and’’; the preceding sentence. inserting a semicolon; (D) by inserting after paragraph (3) the fol- ‘‘(b) WAIVER OF COMPLIANCE.— (2) in paragraph (2), by striking the period lowing: ‘‘(1) IN GENERAL.—The President may waive at the end and inserting ‘‘; or’’; and ‘‘(4) develop and maintain a system for compliance with subsection (a) by any de- (3) by adding at the end the following: forecasting the supply of, and demand for, partment, agency, or instrumentality in the ‘‘(3) for the collection of a penalty (and as- various professional occupational categories executive branch if the President determines sociated costs and interest) against any Fed- and other occupational categories needed for waiving compliance with such subsection to eral agency that fails, by the date that is 1 the protection and treatment of drinking be in the paramount interest of the United year after the effective date of a final order water in each region of the United States.’’; States. to pay a penalty assessed by the Adminis- and ‘‘(2) WAIVERS DUE TO LACK OF APPROPRIA- trator under section 1447(d), to pay the pen- (E) by adding at the end the following: TIONS.—No waiver described in paragraph (1) alty.’’. ‘‘There are authorized to be appropriated to shall be granted due to the lack of an appro- (d) WASHINGTON AQUEDUCT.—Section 1447 carry out this subsection $10,000,000 for each priation unless the President has specifically (42 U.S.C. 300j–6) (as amended by subsection of fiscal years 1994 through 2003.’’; and requested the appropriation as part of the (b)) is further amended by adding at the end (8) by adding at the end the following: budgetary process and Congress has failed to the following: ‘‘(i) BIOLOGICAL MECHANISMS.—In carrying make available the requested appropriation. ‘‘(e) WASHINGTON AQUEDUCT.—The Wash- out this section, the Administrator shall ‘‘(3) PERIOD OF WAIVER.—A waiver under ington Aqueduct Authority, the Army Corps conduct studies to— this subsection shall be for a period of not to of Engineers, and the Secretary of the Army ‘‘(1) understand the mechanisms by which exceed 1 year, but an additional waiver may shall not pass the cost of any penalty as- chemical contaminants are absorbed, distrib- be granted for a period of not to exceed 1 sessed under this title on to any customer, uted, metabolized, and eliminated from the year on the termination of a waiver if the user, or other purchaser of drinking water human body, so as to develop more accurate President reviews the waiver and makes a from the Washington Aqueduct system, in- physiologically based models of the phenom- determination that it is in the paramount cluding finished water from the Dalecarlia or ena; interest of the United States to grant an ad- McMillan treatment plant.’’. ‘‘(2) understand the effects of contami- ditional waiver. SEC. 23. RESEARCH. nants and the mechanisms by which the con- ‘‘(4) REPORT.—Not later than January 31 of Section 1442 (42 U.S.C. 300j–1) (as amended taminants cause adverse effects (especially each year, the President shall report to Con- by section 12(d)) is further amended— noncancer and infectious effects) and the gress on each waiver granted pursuant to (1) by redesignating paragraph (3) of sub- variations in the effects among humans, es- this subsection during the preceding cal- section (b) as paragraph (3) of subsection (d) pecially subpopulations at greater risk of ad- endar year, together with the reason for and moving such paragraph to appear after verse effects, and between test animals and granting the waiver.’’. paragraph (2) of subsection (d); humans; and (b) ADMINISTRATIVE PENALTY ORDERS.— (2) by striking subsection (b) (as so amend- ‘‘(3) develop new approaches to the study of Section 1447 (42 U.S.C. 300j–6) is amended by ed); complex mixtures, such as mixtures found in adding at the end the following: (3) by redesignating subparagraph (B) of drinking water, especially to determine the ‘‘(d) ADMINISTRATIVE PENALTY ORDERS.— subsection (a)(2) as subsection (b) and mov- prospects for synergistic or antagonistic S 17716 CONGRESSIONAL RECORD — SENATE November 29, 1995 interactions that may affect the shape of the water, and the costs and removal efficiencies trol and testing procedures listed in the reg- dose-response relationship of the individual associated with various control methods for ulation.’’; chemicals and microbes, and to examine pathogens, disinfectants, and disinfection (2) in paragraph (13)— noncancer endpoints and infectious diseases, byproducts. (A) by striking ‘‘The’’ and inserting ‘‘(A) and susceptible individuals and subpopula- ‘‘(3) IMPLEMENTATION OF PLAN.—In carrying Except as provided in subparagraph (B), tions. out the research plan, the Administrator the’’; and ‘‘(j) RESEARCH PRIORITIES.—To establish shall use the most cost-effective mechanisms (B) by adding at the end the following: long-term priorities for research under this available, including coordination of research ‘‘(B) For purposes of part G, the term section, the Administrator shall develop, and with, and use of matching funds from, insti- ‘State’ means each of the 50 States and the periodically update, an integrated risk char- tutions and utilities. Commonwealth of Puerto Rico.’’; acterization strategy for drinking water ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— (3) in paragraph (14), by adding at the end quality. The strategy shall identify unmet There are authorized to be appropriated to the following: ‘‘For purposes of part G, the needs, priorities for study, and needed im- carry out this subsection $12,500,000 for each term includes any Native village (as defined provements in the scientific basis for activi- of fiscal years 1997 through 2003. in section 3(c) of the Alaska Native Claims ties carried out under this title. The initial ‘‘(l) SUBPOPULATIONS AT GREATER RISK.— Settlement Act (43 U.S.C. 1602(c))).’’; and strategy shall be made available to the pub- ‘‘(1) RESEARCH PLAN.—The Administrator (4) by adding at the end the following: lic not later than 3 years after the date of shall conduct a continuing program of peer- ø‘‘(15) The¿ (15) COMMUNITY WATER SYS- enactment of this subsection. reviewed research to identify groups within TEM.—The term ‘community water system’ ‘‘(k) RESEARCH PLAN FOR HARMFUL SUB- the general population that may be at great- means a public water system that— STANCES IN DRINKING WATER.— er risk than the general population of ad- ‘‘(A) serves at least 15 service connections ‘‘(1) DEVELOPMENT OF PLAN.—The Adminis- verse health effects from exposure to con- used by year-round residents of the area trator shall— taminants in drinking water. Not later than served by the system; or ‘‘(A) not later than 180 days after the date 1 year after the date of enactment of this ‘‘(B) regularly serves at least 25 year-round of enactment of this subsection, after con- subsection, the Administrator shall develop residents. sultation with the Secretary of Health and and implement a research plan to establish ø‘‘(16) The¿ (16) NONCOMMUNITY WATER SYS- Human Services, the Secretary of Agri- whether and to what degree infants, chil- TEM.—The term ‘noncommunity water sys- culture, and, as appropriate, the heads of tem’ means a public water system that is not other Federal agencies, develop a research dren, pregnant women, the elderly, individuals with a history of serious illness, or a community water system.’’. plan to support the development and imple- (b) PUBLIC WATER SYSTEM.— mentation of the most current version of other subpopulations that can be identified and characterized are likely to experience (1) IN GENERAL.—Section 1401(4) (42 U.S.C. the— 300f(4)) is amended— ‘‘(i) enhanced surface water treatment rule elevated health risks, including risks of cancer, from contaminants in drinking water. (A) in the first sentence, by striking ‘‘piped ø(announced at 59 Fed. Reg. 6332 (February water for human consumption’’ and inserting ‘‘(2) CONTENTS OF PLAN.—To the extent ap- 10, 1994)¿ 59 Fed. Reg. 38832 (July 29, 1994)); ‘‘water for human consumption through ‘‘(ii) disinfectant and disinfection byprod- propriate, the research shall be— ‘‘(A) integrated into the health effects re- pipes or other constructed conveyances’’; ucts rule (Stage 2) ø(announced at 59 Fed. (B) by redesignating subparagraphs (A) and search plan carried out by the Administrator Reg. 6332 (February 10, 1994)¿ 59 Fed. Reg. (B) as clauses (i) and (ii), respectively; to support the regulation of specific con- 38668 (July 29, 1994)); and (C) by striking ‘‘(4) The’’ and inserting the taminants under this Act; and ‘‘(iii) ground water disinfection rule (avail- following: ‘‘(B) designed to identify— ability of draft summary announced at 57 ‘‘(4) PUBLIC WATER SYSTEM.— ‘‘(i) the nature and extent of the elevated Fed. Reg. 33960 (July 31, 1992)); and ‘‘(A) IN GENERAL.—The’’; and health risks, if any; ‘‘(B) carry out the research plan, after con- (D) by adding at the end the following: ‘‘(ii) the groups likely to experience the sultation and appropriate coordination with ‘‘(B) CONNECTIONS.— elevated health risks; the Secretary of Agriculture and the heads ‘‘(i) RESIDENTIAL USE.— ‘‘(iii) biological mechanisms and other fac- of other Federal agencies. ‘‘(I) IN GENERAL.—A connection described tors that may contribute to elevated health ‘‘(2) CONTENTS OF PLAN.— in subclause (II) shall not be considered to be risks for groups within the general popu- ‘‘(A) IN GENERAL.—The research plan shall a connection for determining whether the include, at a minimum— lation; system is a public water system under this ‘‘(i) an identification and characterization ‘‘(iv) the degree of variability of the health title, if— of new disinfection byproducts associated risks to the groups from the health risks to ‘‘(aa) the Administrator or the State (in with the use of different disinfectants; the general population; the case of a State exercising primary en- ‘‘(ii) toxicological studies and, if war- ‘‘(v) the threshold, if any, at which the ele- forcement responsibility for public water ranted, epidemiological studies to determine vated health risks for a specific contaminant systems) determines that alternative water what levels of exposure from disinfectants occur; and to achieve the equivalent level of public and disinfection byproducts, if any, may be ‘‘(vi) the probability of the exposure to the health protection provided by the applicable associated with developmental and birth de- contaminants by the identified group. national primary drinking water regulation fects and other potential toxic end points; ‘‘(3) REPORT.—Not later than 4 years after is provided for residential or similar uses for ‘‘(iii) toxicological studies and, if war- the date of enactment of this subsection and drinking and cooking; or ranted, epidemiological studies to quantify periodically thereafter as new and signifi- ‘‘(bb) the Administrator or the State (in the carcinogenic potential from exposure to cant information becomes available, the Ad- the case of a State exercising primary en- disinfection byproducts resulting from dif- ministrator shall report to Congress on the forcement responsibility for public water ferent disinfectants; results of the research. systems) determines that the water provided ‘‘(iv) the development of practical analyt- ‘‘(4) USE OF RESEARCH.—In characterizing for residential or similar uses for drinking ical methods for detecting and enumerating the health effects of drinking water contami- and cooking is centrally treated or treated microbial contaminants, including giardia, nants under this Act, the Administrator at the point of entry by the provider, a pass- cryptosporidium, and viruses; shall consider all relevant factors, including through entity, or the user to achieve the ‘‘(v) the development of reliable, efficient, the results of research under this subsection, equivalent level of protection provided by and economical methods to determine the vi- the margin of safety for variability in the the applicable national primary drinking ability of individual cryptosporidium general population, and sound scientific water regulations. oocysts; practices (including the 1993 and 1994 reports ‘‘(II) CONNECTIONS.—A connection referred ‘‘(vi) the development of dose-response of the National Academy of Sciences) regard- to in this subclause is a connection to a curves for pathogens, including ing subpopulations at greater risk for ad- water system that conveys water by a means cryptosporidium and the Norwalk virus; verse health effects.’’. other than a pipe principally for 1 or more ‘‘(vii) the development of indicators that SEC. 24. DEFINITIONS. purposes other than residential use (which define treatment effectiveness for pathogens (a) IN GENERAL.—Section 1401 (42 U.S.C. other purposes include irrigation, stock wa- and disinfection byproducts; and 300f) is amended— tering, industrial use, or municipal source ‘‘(viii) bench, pilot, and full-scale studies (1) in paragraph (1)— water prior to treatment)— and demonstration projects to evaluate opti- (A) in subparagraph (D), by inserting ‘‘ac- ‘‘(aa) for a residential use (consisting of mized conventional treatment, ozone, granu- cepted methods for’’ before ‘‘quality con- drinking, bathing, cooking, or other similar lar activated carbon, and membrane tech- trol’’; and use); or nology for controlling pathogens (including (B) by adding at the end the following: ‘‘(bb) to a facility for a use similar to a res- cryptosporidium) and disinfection byprod- ‘‘At any time after promulgation of a regula- idential use. ucts. tion referred to in this paragraph, the Ad- ‘‘(ii) IRRIGATION DISTRICTS.—An irrigation ‘‘(B) RISK DEFINITION STRATEGY.—The re- ministrator may add equally effective qual- district in existence prior to May 18, 1994, search plan shall include a strategy for de- ity control and testing procedures by guid- that provides primarily agricultural service termining the risks and estimated extent of ance published in the Federal Register. The through a piped water system with only inci- disease resulting from pathogens, disinfect- procedures shall be treated as an alternative dental residential use shall not be considered ants, and disinfection byproducts in drinking for public water systems to the quality con- to be a public water system if the system November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17717 and the residential users of the system com- ject of grants awarded pursuant to this sub- (C) by adding at the end the following: ply with subclauses (I) and (II) of clause (i).’’. section and report to Congress on the status ‘‘(3) UNLAWFUL ACTS.—Effective 2 years (2) EFFECTIVE DATE.—The amendments of ground water quality in the United States after the date of enactment of this para- made by paragraph (1) shall take effect 1 and the effectiveness of State programs for graph, it shall be unlawful— year after the date of enactment of this Act. ground water protection. ‘‘(A) for any person to introduce into com- SEC. 25. GROUND WATER PROTECTION. ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— merce any pipe, or any pipe or plumbing fit- (a) STATE GROUND WATER PROTECTION There are authorized to be appropriated to ting or fixture, that is not lead free, except GRANTS.—Section 1443 (42 U.S.C. 300j–2) is carry out this subsection $20,000,000 for each for a pipe that is used in manufacturing or amended— of fiscal years 1995 through 2003.’’. industrial processing; (1) by redesignating subsection (c) as sub- (b) CRITICAL AQUIFER PROTECTION.—Section ‘‘(B) for any person engaged in the business section (d); and 1427 (42 U.S.C. 300h–6) is amended— of selling plumbing supplies, except manu- (2) by inserting after subsection (b) the fol- (1) in subsection (b)(1), by striking ‘‘not facturers, to sell solder or flux that is not lowing: later than 24 months after the enactment of lead free; or the Safe Drinking Water Act Amendments of ‘‘(C) for any person to introduce into com- ‘‘(c) STATE GROUND WATER PROTECTION 1986’’; and merce any solder or flux that is not lead free GRANTS.— (2) in the first sentence of subsection (n), unless the solder or flux bears a prominent ‘‘(1) IN GENERAL.—The Administrator may make a grant to a State for the development by adding at the end the following: label stating that it is illegal to use the sol- and implementation of a State program to ‘‘1992–2003 ...... 20,000,000.’’. der or flux in the installation or repair of ensure the coordinated and comprehensive (c) WELLHEAD PROTECTION AREAS.—Section any plumbing providing water for human protection of ground water resources within 1428(k) (42 U.S.C. 300h–7(k)) is amended by consumption.’’; the State. adding at the end the following: (2) in subsection (d)— (A) in paragraph (1), by striking ‘‘lead, ‘‘(2) GUIDANCE.—Not later than 1 year after ‘‘1992–2003 ...... 35,000,000.’’. and’’ and inserting ‘‘lead;’’; the date of enactment of the Safe Drinking (d) UNDERGROUND INJECTION CONTROL (B) in paragraph (2), by striking ‘‘lead.’’ Water Act Amendments of 1995, and annually GRANT.—Section 1443(b)(5) (42 U.S.C. 300j– and inserting ‘‘lead; and’’; and thereafter, the Administrator shall publish 2(b)(5)) is amended by adding at the end the (C) by adding at the end the following: guidance that establishes procedures for ap- following: ‘‘(3) when used with respect to plumbing plication for State ground water protection ‘‘1992–2003 ...... 20,850,000.’’. program assistance and that identifies key fittings and fixtures, refers to plumbing fit- (e) REPORT TO CONGRESS ON PRIVATE DRINK- elements of State ground water protection tings and fixtures in compliance with stand- ING WATER.—Section 1450 (42 U.S.C. 300j–9) is programs. ards established in accordance with sub- amended by striking subsection (h) and in- section (e).’’; and ‘‘(3) CONDITIONS OF GRANTS.— serting the following: (3) by adding at the end the following: ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(h) REPORT TO CONGRESS ON PRIVATE ‘‘(e) PLUMBING FITTINGS AND FIXTURES.— award grants to States that submit an appli- DRINKING WATER.—The Administrator shall ‘‘(1) IN GENERAL.—The Administrator shall cation that is approved by the Adminis- conduct a study to determine the extent and provide accurate and timely technical infor- trator. The Administrator shall determine seriousness of contamination of private mation and assistance to qualified third- the amount of a grant awarded pursuant to sources of drinking water that are not regu- party certifiers in the development of vol- this paragraph on the basis of an assessment lated under this title. Not later than 3 years untary standards and testing protocols for of the extent of ground water resources in after the date of enactment of the Safe the leaching of lead from new plumbing fit- the State and the likelihood that awarding Drinking Water Act Amendments of 1995, the tings and fixtures that are intended by the the grant will result in sustained and reli- Administrator shall submit to Congress a re- manufacturer to dispense water for human able protection of ground water quality. port that includes the findings of the study ingestion. ‘‘(B) INNOVATIVE PROGRAM GRANTS.—The and recommendations by the Administrator ‘‘(2) STANDARDS.— Administrator may also award a grant pur- concerning responses to any problems identi- ‘‘(A) IN GENERAL.—If a voluntary standard suant to this paragraph for innovative pro- fied under the study. In designing and con- for the leaching of lead is not established by grams proposed by a State for the prevention ducting the study, including consideration of the date that is 1 year after the date of en- of ground water contamination. research design, methodology, and conclu- actment of this subsection, the Adminis- ‘‘(C) ALLOCATION OF FUNDS.—The Adminis- sions and recommendations, the Adminis- trator shall, not later than 2 years after the trator shall, at a minimum, ensure that, for trator shall consult with experts outside the date of enactment of this subsection, pro- each fiscal year, not less than 1 percent of Agency, including scientists, hydro- mulgate regulations setting a health-effects- funds made available to the Administrator geologists, well contractors and suppliers, based performance standard establishing by appropriations to carry out this sub- and other individuals knowledgeable in maximum leaching levels from new plumb- section are allocated to each State that sub- ground water protection and remediation.’’. ing fittings and fixtures that are intended by mits an application that is approved by the (f) NATIONAL CENTER FOR GROUND WATER the manufacturer to dispense water for Administrator pursuant to this subsection. RESEARCH.—The Administrator of the Envi- human ingestion. The standard shall become ‘‘(D) LIMITATION ON GRANTS.—No grant ronmental Protection Agency, acting effective on the date that is 5 years after the awarded by the Administrator may be used through the Robert S. Kerr Environmental date of promulgation of the standard. for a project to remediate ground water con- Research Laboratory, is authorized to rees- ‘‘(B) ALTERNATIVE REQUIREMENT.—If regu- tamination. tablish a partnership between the Labora- lations are required to be promulgated under ‘‘(4) COORDINATION WITH OTHER GRANT PRO- tory and the National Center for Ground subparagraph (A) and have not been promul- GRAMS.—The awarding of grants by the Ad- Water Research, a university consortium, to gated by the date that is 5 years after the ministrator pursuant to this subsection shall conduct research, training, and technology date of enactment of this subsection, no per- be coordinated with the awarding of grants transfer for ground water quality protection son may import, manufacture, process, or pursuant to section 319(i) of the Federal and restoration. distribute in commerce a new plumbing fit- Water Pollution Control Act (33 U.S.C. SEC. 26. LEAD PLUMBING AND PIPES; RETURN ting or fixture, intended by the manufac- 1329(i)) and the awarding of other Federal FLOWS. turer to dispense water for human ingestion, grant assistance that provides funding for (a) FITTINGS AND FIXTURES.—Section 1417 that contains more than 4 percent lead by programs related to ground water protec- (42 U.S.C. 300g–6) is amended— dry weight.’’. tion. (1) in subsection (a)— (b) WATER RETURN FLOWS.—Section 3013 of ‘‘(5) AMOUNT OF GRANTS.—The amount of a (A) by striking paragraph (1) and inserting the following: Public Law 102–486 (42 U.S.C. 13551) is re- grant awarded pursuant to paragraph (1) pealed. ‘‘(1) PROHIBITIONS.— shall not exceed 50 percent of the eligible (c) RECORDS AND INSPECTIONS.—Subpara- ‘‘(A) IN GENERAL.—No person may use any costs of carrying out the ground water pro- graph (A) of section 1445(a)(1) (42 U.S.C. 300j– pipe, any pipe or plumbing fitting or fixture, tection program that is the subject of the 4(a)(1)) (as designated by section 19(a)(1)(A)) any solder, or any flux, after June 19, 1986, in grant (as determined by the Administrator) is amended by striking ‘‘Every person’’ and for the 1-year period beginning on the date the installation or repair of— all that follows through ‘‘is a grantee,’’ and that the grant is awarded. The State shall ‘‘(i) any public water system; or inserting ‘‘Every person who is subject to pay a State share to cover the costs of the ‘‘(ii) any plumbing in a residential or any requirement of this title or who is a ground water protection program from State nonresidential facility providing water for grantee’’. human consumption, funds in an amount that is not less than 50 SEC. 27. BOTTLED WATER. percent of the cost of conducting the pro- that is not lead free (within the meaning of Section 410 of the Federal Food, Drug, and gram. subsection (d)). Cosmetic Act (21 U.S.C. 349) is amended— ‘‘(6) EVALUATIONS AND REPORTS.—Not later ‘‘(B) LEADED JOINTS.—Subparagraph (A) (1) by striking ‘‘Whenever’’ and inserting than 3 years after the date of enactment of shall not apply to leaded joints necessary for ‘‘(a) Except as provided in subsection (b), the Safe Drinking Water Act Amendments of the repair of cast iron pipes.’’; whenever’’; and 1995, and every 3 years thereafter, the Ad- (B) in paragraph (2)(A), by inserting after (2) by adding at the end the following: ministrator shall evaluate the State ground ‘‘Each’’ the following: ‘‘owner or operator of ‘‘(b)(1) After the Administrator of the En- water protection programs that are the sub- a’’; and vironmental Protection Agency publishes a S 17718 CONGRESSIONAL RECORD — SENATE November 29, 1995 proposed maximum contaminant level, but (b) FINDINGS.—Congress finds that— (3) EVALUATION OF OTHER FEDERAL AC- not later than 180 days after the Adminis- (1) cost-benefit analysis and risk assess- TIONS.—In addition to carrying out the re- trator of the Environmental Protection ment are useful but imperfect tools that quirements of paragraphs (1) and (2), the Ad- Agency publishes a final maximum contami- serve to enhance the information available ministrator shall estimate the private and nant level, for a contaminant under section in developing environmental regulations and public costs and benefits associated with 1412 of the Public Health Service Act (42 programs; major Federal actions selected by the Ad- U.S.C. 300g–1), the Secretary, after public no- (2) cost-benefit analysis and risk assess- ministrator that have the most significant tice and comment, shall issue a regulation ment can also serve as useful tools in setting impact on human health or the environment, that establishes a quality level for the con- priorities and evaluating the success of envi- including direct development projects, grant taminant in bottled water or make a finding ronmental protection programs; that a regulation is not necessary to protect (3) cost and risk are not the only factors and loan programs to support infrastructure the public health because the contaminant is that need to be considered in evaluating en- construction and repair, and permits, li- contained in water in the public water sys- vironmental programs, as other factors, in- censes, and leases to use natural resources or tems (as defined under section 1401(4) of such cluding values and equity, must also be con- to release pollution to the environment, and Act (42 U.S.C. 300f(4)) and not in water used sidered; other similar actions. for bottled drinking water. In the case of any (4) cost-benefit analysis and risk assess- (4) RISK REDUCTION OPPORTUNITIES.—In as- contaminant for which a national primary ment should be presented with a clear state- sessing risks, costs, and benefits as provided drinking water regulation was promulgated be- ment of the uncertainties in the analysis or in paragraphs (1) and (2), the Administrator fore the date of enactment of the Safe Drinking assessment; shall also identify reasonable opportunities Water Act Amendments of 1995, the Secretary (5) current methods for valuing ecological to achieve significant risk reduction through shall issue the regulation or make the finding resources and assessing intergenerational ef- modifications in environmental regulations required by this paragraph not later than 1 year fects of sources of pollution need further de- and programs and other Federal actions with after that date. velopment before integrated rankings of impacts on human health, the environment, ‘‘(2) The regulation shall include any mon- sources of pollution based on the factors re- or public welfare. itoring requirements that the Secretary de- ferred to in paragraph (3) can be used with (5) UNCERTAINTIES.—In evaluating the risks termines to be appropriate for bottled water. high levels of confidence; referred to in paragraphs (1) and (2), the Ad- ‘‘(3) The regulation— (6) methods to assess and describe the risks ministrator shall— ‘‘(A) shall require that the quality level for of adverse human health effects, other than (A) identify the major uncertainties asso- the contaminant in bottled water be as strin- cancer, need further development before in- ciated with the risks; gent as the maximum contaminant level for tegrated rankings of sources of pollution (B) explain the meaning of the uncertain- the contaminant published by the Adminis- based on the risk to human health can be trator of the Environmental Protection used with high levels of confidence; ties in terms of interpreting the ranking and Agency; and (7) periodic reports by the Administrator evaluation; and ‘‘(B) may require that the quality level be on the costs and benefits of regulations pro- (C) determine— more stringent than the maximum contami- mulgated under Federal environmental laws, (i) the type and nature of research that nant level if necessary to provide ample pub- and other Federal actions with impacts on would likely reduce the uncertainties; and lic health protection under this Act. human health, the environment, or public (ii) the cost of conducting the research. ‘‘(4)(A) If the Secretary fails to establish a welfare, will provide Congress and the gen- (6) CONSIDERATION OF BENEFITS.—In carry- regulation within the 180-day period de- eral public with a better understanding of— ing out this section, the Administrator shall scribed in paragraph (1), the regulation with (A) national environmental priorities; and consider and, to the extent practicable, esti- respect to the final maximum contaminant (B) expenditures being made to achieve re- mate the monetary value, and such other level published by the Administrator of the ductions in risk to human health, the envi- values as the Administrator determines to be Environmental Protection Agency (as de- ronment, and public welfare; and appropriate, of the benefits associated with scribed in such paragraph) shall be consid- (8) periodic reports by the Administrator reducing risk to human health and the envi- ered, as of the date on which the Secretary on the costs and benefits of environmental ronment, including— is required to establish a regulation under regulations will also— (A) avoiding premature mortality; paragraph (1), as the final regulation for the (A) provide Congress and the general public (B) avoiding cancer and noncancer diseases establishment of the quality level for a con- with a better understanding of the strengths, that reduce the quality of life; weaknesses, and uncertainties of cost-benefit taminant required under paragraph (1) for (C) preserving biological diversity and the the purpose of establishing or amending a analysis and risk assessment and the re- sustainability of ecological resources; bottled water quality level standard with research needed to reduce major uncertainties; (D) maintaining an aesthetically pleasing spect to the contaminant. and ‘‘(B) Not later than 30 days after the end of (B) assist Congress and the general public environment; the 180-day period described in paragraph (1), in evaluating environmental protection reg- (E) valuing services performed by the Secretary shall, with respect to a maxi- ulations and programs, and other Federal ac- ecosystems (such as flood mitigation, provi- mum contaminant level that is considered as tions with impacts on human health, the en- sion of food or material, or regulating the a quality level under subparagraph (A), pub- vironment, or public welfare, to determine chemistry of the air or water) that, if lost or lish a notice in the Federal Register that the extent to which the regulations, pro- degraded, would have to be replaced by tech- sets forth the quality level and appropriate grams, and actions adequately and fairly nology; monitoring requirements required under protect affected segments of society. (F) avoiding other risks identified by the paragraphs (1) and (2) and that provides that (c) REPORT ON ENVIRONMENTAL PRIORITIES, Administrator; and the quality level standard and requirements COSTS, AND BENEFITS.— (G) considering the benefits even if it is shall take effect on the date on which the (1) RANKING.— not possible to estimate the monetary value final regulation of the maximum contami- (A) IN GENERAL.—The Administrator shall of the benefits in exact terms. nant level takes effect.’’. identify and, taking into account available (7) REPORTS.— SEC. 28. ASSESSING ENVIRONMENTAL PRIOR- data (to the extent practicable), rank (A) PRELIMINARY REPORT.—Not later than 1 ITIES, COSTS, AND BENEFITS. sources of pollution with respect to the rel- year after the date of enactment of this Act, (a) DEFINITIONS.—In this section: ative degree of risk of adverse effects on the Administrator shall report to Congress (1) ADMINISTRATOR.—The term ‘‘Adminis- human health, the environment, and public on the sources of pollution and other Federal trator’’ means the Administrator of the En- welfare. actions that the Administrator will address, vironmental Protection Agency. (B) METHOD OF RANKING.—In carrying out and the approaches and methodology the Ad- (2) ADVERSE EFFECT ON HUMAN HEALTH.— the rankings under subparagraph (A), the ministrator will use, in carrying out the The term ‘‘adverse effect on human health’’ Administrator shall— rankings and evaluations under this section. includes any increase in the rate of death or (i) rank the sources of pollution consider- The report shall also include an evaluation serious illness, including disease, cancer, ing the extent and duration of the risk; and by the Administrator of the need for the de- birth defects, reproductive dysfunction, de- (ii) take into account broad societal val- velopmental effects (including effects on the ues, including the role of natural resources velopment of methodologies to carry out the endocrine and nervous systems), and other in sustaining economic activity into the fu- ranking. impairments in bodily functions. ture. (B) PERIODIC REPORT.— (3) RISK.—The term ‘‘risk’’ means the like- (2) EVALUATION OF REGULATORY AND OTHER (i) IN GENERAL.—On completion of the lihood of an occurrence of an adverse effect COSTS.—In addition to carrying out the ranking and evaluations conducted by the on human health, the environment, or public rankings under paragraph (1), the Adminis- Administrator under this section, but not welfare. trator shall estimate the private and public later than 3 years after the date of enact- (4) SOURCE OF POLLUTION.—The term costs associated with each source of pollu- ment of this Act, and every 3 years there- ‘‘source of pollution’’ means a category or tion and the costs and benefits of complying after, the Administrator shall report the class of facilities or activities that alter the with regulations designed to protect against findings of the rankings and evaluations to chemical, physical, or biological character of risks associated with the sources of pollu- Congress and make the report available to the natural environment. tion. the general public. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17719

(ii) EVALUATION OF RISKS.—Each periodic and (C), the Chief of Engineers of the Army ‘‘PROHIBITION ON USE OF LEAD PIPES, FITTINGS, report prepared pursuant to this subpara- Corps of Engineers is authorized to enter SOLDER, AND FLUX graph shall, to the extent practicable, evalu- into a series of contracts with each public ‘‘SEC. 1417. (a)’’. ate risk management decisions under Fed- water supply customer under which the cus- (2) The section heading and subsection des- eral environmental laws, including title XIV tomer commits to repay a pro-rata share of ignation of subsection (a) of section 1426 (42 of the Public Health Service Act (commonly the principal and interest owed by the Army U.S.C. 300h–5) are amended to read as fol- known as the ‘‘Safe Drinking Water Act’’) (42 Corps of Engineers to the Secretary of the lows: U.S.C. 300f et seq.), that present inherent and Treasury under paragraph (1). Under each of ‘‘REGULATION OF STATE PROGRAMS unavoidable choices between competing the contracts, the customer that enters into risks, including risks of controlling micro- the contract shall commit to pay any addi- ‘‘SEC. 1426. (a)’’. bial versus disinfection contaminants in tional amount necessary to fully offset the (3) The section heading and subsection des- drinking water. Each periodic report shall risk of default on the contract. ignation of subsection (a) of section 1427 (42 U.S.C. 300h–6) are amended to read as fol- address the policy of the Administrator con- (B) OFFSETTING OF RISK OF DEFAULT.—Each cerning the most appropriate methods of contract under subparagraph (A) shall in- lows: weighing and analyzing the risks, and shall clude such additional terms and conditions ‘‘SOLE SOURCE AQUIFER DEMONSTRATION incorporate information concerning— as the Secretary of the Treasury may require PROGRAM (I) the severity and certainty of any ad- so that the value to the Government of the ‘‘SEC. 1427. (a)’’. verse effect on human health, the environ- contracts is estimated to be equal to the (4) The section heading and subsection des- ment, or public welfare; obligational authority used by the Army ignation of subsection (a) of section 1428 (42 (II) whether the effect is immediate or de- Corps of Engineers for modernizing the U.S.C. 300h–7) are amended to read as fol- layed; Washington Aqueduct at the time that each lows: (III) whether the burden associated with series of contracts is entered into. ‘‘STATE PROGRAMS TO ESTABLISH WELLHEAD the adverse effect is borne disproportion- (C) OTHER CONDITIONS.—Each contract en- PROTECTION AREAS ately by a segment of the general population tered into under subparagraph (A) shall— ‘‘SEC. 1428. (a)’’. or spread evenly across the general popu- (i) provide that the public water supply (5) The section heading and subsection des- lation; and customer pledges future income from fees as- ignation of subsection (a) of section 1432 (42 (IV) whether a threatened adverse effect sessed to operate and maintain the Washing- U.S.C. 300i–1) are amended to read as follows: can be eliminated or remedied by the use of ton Aqueduct; an alternative technology or a protection (ii) provide the United States priority over ‘‘TAMPERING WITH PUBLIC WATER SYSTEMS mechanism. all other creditors; and ‘‘SEC. 1432. (a)’’. (d) IMPLEMENTATION.—In carrying out this (iii) include other conditions that the Sec- (6) The section heading and subsection des- section, the Administrator shall— retary of the Treasury determines to be ap- ignation of subsection (a) of section 1451 (42 (1) consult with the appropriate officials of propriate. U.S.C. 300j–11) are amended to read as fol- other Federal agencies and State and local (3) BORROWING AUTHORITY.—Subject to an lows: governments, members of the academic com- appropriation under paragraph (1)(B) and ‘‘INDIAN TRIBES munity, representatives of regulated busi- after entering into a series of contracts ‘‘SEC. 1451. (a)’’. nesses and industry, representatives of citi- under paragraph (2), the Secretary, acting (7) The section heading and first word of zen groups, and other knowledgeable individ- through the Chief of Engineers of the Army section 1461 (42 U.S.C. 300j–21) are amended uals to develop, evaluate, and interpret sci- Corps of Engineers, shall seek borrowing au- to read as follows: entific and economic information; thority from the Secretary of the Treasury ‘‘DEFINITIONS (2) make available to the general public under paragraph (1)(B). ‘‘SEC. 1461. As’’. the information on which rankings and eval- (4) DEFINITIONS.—In this subsection: (8) The section heading and first word of uations under this section are based; and (A) PUBLIC WATER SUPPLY CUSTOMER.—The (3) establish, not later than 2 years after term ‘‘public water supply customer’’ means section 1462 (42 U.S.C. 300j–22) are amended the date of enactment of this Act, methods the District of Columbia, the county of Ar- to read as follows: for determining costs and benefits of envi- lington, Virginia, and the city of Falls ‘‘RECALL OF DRINKING WATER COOLERS WITH ronmental regulations and other Federal ac- Church, Virginia. LEAD-LINED TANKS tions, including the valuation of natural re- (B) VALUE TO THE GOVERNMENT.—The term ‘‘SEC. 1462. For’’. sources and intergenerational costs and ben- ‘‘value to the Government’’ means the net (9) The section heading and subsection des- efits, by rule after notice and opportunity present value of a contract under paragraph ignation of subsection (a) of section 1463 (42 for public comment. (2) calculated under the rules set forth in U.S.C. 300j–23) are amended to read as fol- (e) REVIEW BY THE SCIENCE ADVISORY subparagraphs (A) and (B) of section 502(5) of lows: BOARD.—Before the Administrator submits a the Congressional Budget Act of 1974 (2 ‘‘DRINKING WATER COOLERS CONTAINING LEAD report prepared under this section to Con- U.S.C. 661a(5)), excluding section 502(5)(B)(i) ‘‘SEC. 1463. (a)’’. gress, the Science Advisory Board, estab- of such Act, as though the contracts pro- (10) The section heading and subsection lished by section 8 of the Environmental Re- vided for the repayment of direct loans to designation of subsection (a) of section 1464 search, Development, and Demonstration the public water supply customers. (42 U.S.C. 300j–24) are amended to read as fol- Act of 1978 (42 U.S.C. 4365), shall conduct a (C) WASHINGTON AQUEDUCT.—The term lows: technical review of the report in a public ses- ‘‘Washington Aqueduct’’ means the water sion. supply system of treatment plants, raw ‘‘LEAD CONTAMINATION IN SCHOOL DRINKING WATER SEC. 29. OTHER AMENDMENTS. water intakes, conduits, reservoirs, trans- ‘‘SEC. 1464. (a)’’. (a) CAPITAL IMPROVEMENTS FOR THE WASH- mission mains, and pumping stations owned (11) The section heading and subsection INGTON AQUEDUCT.— by the Federal Government located in the designation of subsection (a) of section 1465 (1) AUTHORIZATIONS.— metropolitan Washington, District of Colum- (42 U.S.C. 300j–25) are amended to read as fol- (A) AUTHORIZATION OF MODERNIZATION.— bia, area. Subject to approval in, and in such amounts (b) DRINKING WATER ADVISORY COUNCIL.— lows: as may be provided in appropriations Acts, The second sentence of section 1446(a) (42 ‘‘FEDERAL ASSISTANCE FOR STATE PROGRAMS the Chief of Engineers of the Army Corps of U.S.C. 300j–6(a)) is amended by inserting be- REGARDING LEAD CONTAMINATION IN SCHOOL Engineers is authorized to modernize the fore the period at the end the following: ‘‘, of DRINKING WATER Washington Aqueduct. which two such members shall be associated ‘‘SEC. 1465. (a)’’. with small, rural public water systems’’. (B) AUTHORIZATION OF APPROPRIATIONS.— Mr. CHAFEE addressed the Chair. There is authorized to be appropriated to the (c) SHORT TITLE.— (1) IN GENERAL.—The title (42 U.S.C. 1401 et The PRESIDING OFFICER. The Sen- Army Corps of Engineers borrowing author- ator from Rhode Island. ity in amounts sufficient to cover the full seq.) is amended by inserting after the title costs of modernizing the Washington Aque- heading the following: Mr. CHAFEE. Mr. President, we now duct. The borrowing authority shall be pro- ‘‘SHORT TITLE have before us the Safe Drinking Water vided by the Secretary of the Treasury, ‘‘SEC. 1400. This title may be cited as the Act amendments of 1995, which is S. under such terms and conditions as are es- ‘Safe Drinking Water Act’.’’. 1316. I am pleased to join with my col- tablished by the Secretary of the Treasury, (2) CONFORMING AMENDMENT.—Section 1 of leagues to bring this bill to reauthorize after a series of contracts with each public Public Law 93–523 (88 Stat. 1660) is amended the Safe Drinking Water Act. This leg- water supply customer has been entered into by inserting ‘‘of 1974’’ after ‘‘Water Act’’. islation has broad bipartisan support. under paragraph (2). (d) TECHNICAL AMENDMENTS TO SECTION It has been a high priority for the En- (2) CONTRACTS WITH PUBLIC WATER SUPPLY HEADINGS.— CUSTOMERS.— (1) The section heading and subsection des- vironment and Public Works Commit- (A) CONTRACTS TO REPAY CORPS DEBT.—To ignation of subsection (a) of section 1417 (42 tee and was reported by unanimous the extent provided in appropriations Acts, U.S.C. 300g–6) are amended to read as fol- vote; Democrats and Republicans in and in accordance with subparagraphs (B) lows: the committee voted for it 16–0. S 17720 CONGRESSIONAL RECORD — SENATE November 29, 1995 We all agree that reform of the Safe We also thank the many State and through fiscal year 2003 for this new Drinking Water Act is necessary. Pub- local drinking water officials and the SRF Program. This authorization is lic health protection has been representatives of their organizations sufficient to cover the capital invest- strengthened by the many new stand- who worked long and hard on this bill. ments in treatment needed to comply ards that have been issued over the Their expertise has been very helpful. with Federal health standards. past few years. Of all the ways of keep- Mr. President, if we ask what is the Priority funding would go to projects ing our public healthy, it seems to me one thing we can do that would most to address the most serious public few are more important than having improve the safety of drinking water in health problems and to communities the water that they drink be safe. But the United States, I believe most of us most in need. Who will get the money? the pace of standard setting and the would answer: Give some help to the Those communities that most need the costs of new treatment and monitoring small drinking water systems. If you help as determined by the States—not requirements have been a strain for can believe it, there are 54,000. I will re- by big brother in Washington, but by water suppliers, especially smaller peat that. There are 54,000 small public the States—and those projects that communities. water systems in our country. needed to address the most serious This bill includes many provisions to What is a small system? It is one health problems. ease that strain on the smaller commu- that serves fewer than 3,300 people. In contrast to the SRF Program nities. There is a new grant program Some serve as few as 100 or 125 people, under the Clean Water Act, States may for drinking water revolving loan and some even 25 people. Some of these provide grants to systems. In other funds, which President Clinton first drinking water systems are owned by words, from this State-revolving loan recommended. The States are author- homeowners associations or trailer fund in this bill, in safe drinking water ized to reduce monitoring costs by de- parks. Some are operated by town gov- the State can give grants to systems veloping their own testing require- ernments. that cannot afford to repay. ments, tailored to meet the conditions A significant number of these very As a second step to help small sys- in their region. This is very important. small systems do not have the tech- tems, the bill asks each State to adopt The States have this authority in this nical or financial resources to consist- what is known as a capacity develop- legislation. ently provide safe drinking water. ment strategy to help the small sys- Under this bill, States may also They cannot keep up with the testing tems. grant variances to the small systems and the treatment and the mainte- What is this all about? A strategy that cannot afford to comply with na- nance that is necessary to provide safe might include training for the operational standards. Now, we are not roll- water every day. These are systems tors of drinking water systems, or ing back health protections that are where the operator has no training, the technical assistance to develop new now provided. No existing standard will consumers pay no fees for the water and safer water supplies, or it might be weakened. The bill includes many sometimes, and where the supply and encourage consolidation or regional new initiatives that will keep the na- distribution systems simply do not get management to make better use of the tional program moving forward. In the the attention that is needed to keep resources. We are relying on the States SRF grants—the State revolving loan contaminants out of the water. to take the lead in designing capacity fund grants—there are new programs The bill we are bringing before the strategies for the small systems. to prevent pollution of source waters Senate addresses this is problem in sev- This is not some heavyhanded man- which are used for drinking water sup- eral ways. First, it establishes a grant date from Washington to the States, ply. There is a program to develop program to provide Federal assistance but, instead, it is up to the States. We technical capacity in small systems. to build the treatment plants that are do not, from Washington, enforce the The bill pushes hard for more and essential to the provision of safe drink- direction of operators who do not get better science, including a research ing water. EPA estimates that capital training, for example. But we suggest program to determine whether some expenditures needed nationwide to it be done and we give assistance to do groups, like children, pregnant women, comply with current requirements of it. or people with particular illnesses, are the Safe Drinking Water Act total ap- We are looking to the States, to the more likely to experience adverse ef- proximately $8.6 billion, that is, if we Governors, and to the legislatures to fects from drinking water contami- brought all the systems up to snuff, take the big steps. Here is a chance to nants. and approximately 40 percent of these show that a major problem can be re- Mr. President, before describing the expenditures will be required of small solved by the States through coopera- major provisions of the bill, I want to thank our colleagues for the hard work systems. Many systems are not able to tion and incentives rather than by they have put into this legislation. build the treatment facilities to com- command and control from Washing- Senator KEMPTHORNE chairs the sub- ply with these regulations unless they ton. The ultimate judgment on the suc- committee that has jurisdiction over get some help. cess or failure of this bill will depend the drinking water program. Senator Other Federal statutes mandating in- in large part on what the States do KEMPTHORNE is the principal author of vestment in local utility services have with this opportunity. this reauthorization bill and has spent provided grant assistance to go along There are several other provisions to months going over every detail of the with the mandates. In other words, help small systems. States are author- legislation. So Senator KEMPTHORNE when we mandated from the Federal ized to grant variances to small sys- deserves tremendous credit for what we Government for clean water bills, for tems that cannot afford to comply with are bringing before the Senate today. I example, the Congress, which has pro- national primary drinking water regu- wish to take this opportunity to thank vided help, and, indeed, in that particu- lations. A portion of the SRF funds him. lar example, the building of sewage may be set aside for technical assist- Senator REID, the ranking member of treatment facilities, Congress has ap- ance, as I mentioned, to small systems, the subcommittee, has been a partner propriated over the years $65 billion to and the cost of training operators may in that effort and always has been very meet the secondary treatment require- be included in the SRF grants or loan. constructive. ments required by 1972 amendments to States may reduce monitoring re- Senator BAUCUS, the ranking member the Clean Water Act. We have not pro- quirements. This is very important. of the full committee, blazed the trail vided any sort of similar assistance The States do not have to meet a cer- for us last year with the safe drinking under the Safe Drinking Water Act in tain steady monitoring system. They water bill that passed the Senate 95–3. the past. can reduce those requirements for The committee was assisted in the In early 1993, President Clinton pro- many contaminants for small systems development of this bill by the fine posed creation of a State-revolving that do not detect a contaminant in staff of the Office of Water at EPA, in- loan fund for those funds for drinking the first test of a quarterly series. cluding the Assistant Administrator water capital investments modeled There are two other major provisions for Water, Bob Perciasepe, and Cynthia after the Clean Water Act loans. This in this bill that I wish to describe brief- Dougherty, who heads the drinking bill authorizes $600 million in fiscal ly. The first relates to the criteria that water office. year 1994 and $1 billion per year EPA uses to select contaminants for November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17721 regulation. The second concerns con- solutely safe goal as possible, as fea- EPA may set standards at a level less siderations that go into establishing sible. ‘‘Feasible,’’ what does that stringent than ‘‘feasible’’ if the costs of national health standards. Because mean? That the level can be reached by a standard reflecting best available EPA failed to take action to set na- large regional water systems applying technology are not justified. In other tional standards for contaminants that best available technology. words, this is not somebody in EPA were of public health concern, the 1986 In other words, what is the policy to saying you have to reach this standard amendments listed 83 specific contami- meet these goals. We do not use what even though the costs are astronom- nants and required EPA to set stand- the little systems can do, but what the ical. Costs can be figured in. There is a ards for those by 1989. big systems can do. EPA takes into ac- cost-benefit factor involved here. The The legislation—here was a big prob- count the costs to identify the best unique characteristics and risks of lem with that legislation we passed— available technology. some contaminants, including arsenic, directed EPA to set standards for an The treatment system must be af- radon, or sulfate, are addressed with additional 25 contaminants every 3 fordable. What is affordable? Well, they special standard-setting provisions. Al- years beginning in 1991. use the standard that it costs less than though the bill includes new risk as- This single provision—that is, adding $100 per household per year for the sessment and cost-benefit consider- 25 new contaminants every 3 years— large systems. ations to address unresolved problems, has provoked more critical comment Now, this approach is all right be- EPA may not use this authority to than virtually any other element that cause 80 percent of the population— relax any existing standard unless new we have dealt with in all the environ- this is a very important statistic—80 science indicates that a less stringent mental laws we have. Some of the 83 percent of the population of the United standard would be equally protective. contaminants for which standards are States receives its drinking water from It appears we have secured broad bi- required occur so infrequently that the large systems. Safe water can be pro- partisan support for a series of reforms costs of monitoring far outweigh any vided to this 80 percent at an affordable to this act, a law that has, indeed, been health benefits that could be realized. cost. They can afford the best available controversial. Achieving this reflects The mandate that EPA set standards technology. Indeed, the compliance the contributions of many Senators, as for an additional 25 contaminants cost for large cities average not $100 I mentioned. Reaching this degree of every 3 years, regardless of the threat per household, but $20 per household consensus has generated much con- posed by those contaminants, was for per year. troversy, and the fact that we have this many the quintessential example of an However, there is a problem with this unanimity so far is quite an achieve- arbitrary Federal law imposing bur- system. There are three problems. ment. dens on consumers and the taxpayers First, the treatment technology afford- So, again, I congratulate Senator with no rational relationship to the able to the large systems may be KEMPTHORNE for his work. I know he public benefit that might be realized. unaffordable to the small system and joins me in extending appreciation to This bill repeals the requirement that would push the per household cost way Senator REID, Senator BAUCUS, and all EPA regulate an additional 25 contami- up for these small systems. the others I previously mentioned. nants every 3 years. Instead, there is a Second, for some contaminants, this We are ready to go, Mr. President. I selection process that gives EPA the approach to standard setting can im- thank the Chair. discretion to identify contaminants pose large costs while producing only The PRESIDING OFFICER. The Sen- that warrant regulation in the future. small gains in public health. Although ator from Nevada. How do you do this selection process? the treatment technology may be en- Mr. REID. Mr. President, first of all, Every 5 years EPA publishes a list of tirely affordable for the large systems, I want to inform the Senate that the high-priority contaminants that should the incremental health benefits of ad- manager of the bill, Senator BAUCUS, is receive additional study. dressing the relatively small health temporarily away from the floor and EPA may require monitoring at pub- risk presented by some contaminants will return shortly. lic water systems for up to 20 unregu- do not justify the aggregate cost. It is The bill before this body is, of course, lated contaminants, to gather informa- the Safe Drinking Water Act Amend- tion on the occurrence of these con- just not worth it for the small systems ments of this year, 1995. This legisla- taminants in public systems. because the benefit you get is so small Decisions made by EPA under the act for the cost. tion, I believe, is Congress at its finest. are to be guided by new principles for Third, the use of some treatment What I mean by that is that this is a sound science. technologies may actually increase bill that is brought to this point by EPA is to set aside $10 million from risk from some contaminants. For ex- building consensus. It was not easy. It the annual appropriations for SRF, for ample, chlorine is used to kill patho- was difficult. But I think the people in the State-revolving fund grants, to genic organisms, but that may result the State of Rhode Island, the people in conduct health effects research on con- in increased cancer risk from disinfec- the State of Montana, the people in the taminants that are candidates for regu- tion byproducts. In other words, you State of Idaho are well served with the lation. In other words, EPA gives a take care of something and it causes a way their Senators handled this legis- hand with all of this. greater risk of something else. lation. Every 5 years, EPA is to make regu- Now, read literally, the existing stat- Whether we like it or not, legislation latory decisions for at least 5 contami- ute requires EPA to overcontrol some is the art of compromise. Legislation is nants, announcing whether they war- contaminants to a degree that overall the art of consensus building, and that rant regulation or not. public health risks from drinking is what this legislation is all about. Finally, let me turn to the issue of water would be greater using this new This bill is not everything that I like. standard setting. This has been the technology. The bill we bring to the It is not everything, I am sure, that my most contentious issue in this reau- Senate today includes several provi- colleagues, the Senator from Idaho and thorization debate. I believe the com- sions to respond to these problems in the Senators from Montana and Rhode mittee has developed a sound com- standard setting. Island, think is a perfect bill. But it is promise that deserves the support of The States may provide variances to a good bill. It is a tremendous improve- all Senators. small systems. If it is all right for the ment over anything we have been able Under current law, EPA establishes big system, not very expensive because to do before. drinking water standards through a you have so many households, the Where there has been rancor among two-step process. First, the adminis- States can say to the small systems: the parties on other items before the trator identifies the maximum con- No, you do not have to do that. We give Senate, and even in our committee, taminant level goal reflecting a con- you a variance. EPA may balance com- this bill has been negotiated for the centration of the contaminants in peting risks from several contaminants better part of a year and as a result of drinking water at which no adverse ef- if the treatment technology to control the negotiations, we have come up with fects will occur. one would increase the risk from the this fine piece of legislation. This is a Then, the administrator sets an en- other, which I just previously men- bipartisan effort. The Senate will ad- forceable standard as close to this ab- tioned. dress the drinking water problems of S 17722 CONGRESSIONAL RECORD — SENATE November 29, 1995 this country in this legislation and, as passed the unfunded mandates legisla- very important bill. It settled a 100- a result of this bill passing—and I have tion very early this year. year water war between the States of every belief it will pass—the people of Even technical assistance funds for California and Nevada. It preserved the this country will be well served by hav- the small drinking water systems are wetlands that had been in existence for ing the assurance that the water they provided for in set-asides. Additionally, up to 10,000 years, some 80,000 acres are drinking is safe. States and local authorities are given that had been drawn down to less than I recognize, as I have indicated, that greater flexibility, as, again, was ex- 1,000 acres and were very toxic in na- not everyone is going to be totally plained so well by the chairman of the ture. We resolved that and resolved the happy with what is in this legislation. committee. States and local authori- problems of two Indian tribes, two en- But it is a good, sound, reasonable, ra- ties are given greater flexibility in the dangered species, some agricultural tional piece of reform legislation. This implementation and development of problems we had, and solved some is truly reform legislation. I support their capacity development strategies. water problems for the cities of Reno the bill for lots of reasons, but let me The bill also equips the Environmental and Sparks. mention just a few of them. Protection Agency with greater flexi- I mention how complicated that was, This bill, all Members of the U.S. bility in setting drinking water stand- but the most difficult problem we had Senate should realize, represents a bal- ards that were based on peer-reviewed in the entire legislation was not the ance. It is a balance that has been science, with the benefits and risks as- things I mentioned. It was not endan- reached, and I think it has been done sociated with contaminants. The Envi- gered species. It was not the wetlands. with great thought and consideration. ronmental Protection Agency will be It was not all the other things I talked There is no question that we must focusing its scarce resources on impor- about. It was in the Lake Tahoe basin, begin with the presumption that water tant health risks that are grounded in in California and Nevada—it was what in the United States is not necessarily valid science rather than spending all we did about those little water compa- safe if you drink it. There are increas- their time, effort and money on mat- nies. Some of them were so small, as ing threats of contamination and polluters that really did not allow for us to the chairman of the committee mention. arrive at the conclusion it was nec- tioned, they served 25 people. In Lake I can remember, as a young boy, we essarily better water to drink. Tahoe there were over 100 water com- would drive once in a while down to the I also want to make a few observa- panies. In some of them the systems river, the Colorado River. My father tions about the Environmental Protec- were so bad they had to leave the water told me something that was certainly tion Agency. I believe this agency has running all year or the lines would true in those days, that if the water served this country well. It has been freeze up. This legislation will allow was running, it was safe, you could maligned, but wrongfully so, in my es- those small water systems to have the drink it, because as the water pro- timation. I do not think we should be assurance there will be safe drinking gressed it was cleansed as it proceeded passing laws out of fear of antagonism water. We are not going to force them through the rocks and the pebbles and to an agency. I think this agency has into doing anything. Since that time, a number of those the bushes—it was clean. That is not had a noble mission, one part of which companies have merged. We do not the case anymore. Things are put in is to make sure that we have safe have the myriad of problems we had be- water so that the mere fact that it is drinking water. We all recognize that fore. But, even if we did, this legisla- running no longer makes it safe. I can- reform and change must occur, and tion takes into consideration small not tell my children the same thing my that is what they are doing with this water companies like are in the Tahoe father told me about having safe drink- legislation. I emphasize to my colleagues, there are certain things the basin. So this legislation really, I being water. lieve, addresses the problems of rural So there are increasing threats of Administrator has already initiated, reforming the Environmental Protec- America. contamination and pollution. That is We, in Congress, address the prob- what this legislation is all about. The tion Agency generally. The Safe Drinking Water Act Amend- lems of big cities. We spend almost all bill provides for drinking water stand- ments of this year should not be about of our time on big cities. The State of ards and the means by which drinking agency procedures and management, Nevada, surprisingly, is the most urban water systems can meet the standards. nor should the Safe Drinking Water State in America. Mr. President, 90 Again, I repeat, this legislation is to Act be about regulatory reform issues percent of the people in Nevada live in allow people, when they drink water in that have dominated so much of the de- the metropolitan areas of Reno and Las the United States, to feel they are bate this year. This bill is about drink- Vegas. Yet we are the seventh largest drinking safe water, that the contami- ing water, about the water that we State of all the 50 States. We have 73 nants have been removed and there are drink, our children drink, and our chil- million acres. But most of the land is procedures to make that water safe. dren’s children will drink. That is what not where most of the people are. The bill incorporates sound science we should be talking about during this Those people outside Reno and Las into the Administrator’s decisionmak- debate on this legislation: Will water Vegas need the assurance they are ing and contaminant regulations. The be safer as a result of this legislation going to have safe drinking water. I bill establishes, importantly, as has passing? That is, the drinking water was born and raised in Searchlight, been clearly explained by the chairman that we all partake of, will it be safer NV. It is a very small place. It is get- of the committee, a revolving loan as a result of this legislation? ting bigger. If you take all the little fund to assist drinking water systems This bill, I think, should either pro- communities around Searchlight, they in complying with drinking water tect the drinking water of the homes have 1,000 people. We want to make standards. In accordance with the Un- and communities of this Nation, or we sure the people of Searchlight have funded Mandates Act, which the Sen- should not be here. I believe the chair- safe drinking water. This legislation ator from Idaho worked so hard in ac- man of the full committee, the ranking does that. This legislation really takes complishing, it establishes money for member, the chairman of the sub- care of rural America. It does not ne- States and drinking water systems to committee and the ranking member, glect rural America or urban America help comply with the act. I think we feel very strongly that this is good leg- as we do many times. should all be very careful of amend- islation that will make the water we Is this good legislation? I think it is ments that come on the floor today, drink safer. important legislation. It is reasonable that we do not violate what we have There are other reasons I support reform. It benefits the communities worked so hard to accomplish in this this legislation. There are many small and ensures the health and safety of legislation; that is, we are not going to systems in Nevada, hundreds of small Americans. It is legislation that is—I force upon the States and local govern- systems in Nevada. These systems repeat—compromise legislation. This is ments things that they do not have the must also be such that the water that not just a catchy phrase. But this is money to comply with. I think that comes out of those systems is safe reasonable reform, and it is true re- should be the watchword of the amend- drinking water. form. ments that are offered here today. We Five years ago, on November 16, the Mr. President, I extend my congratu- truly meant what we said when we President, President Bush, signed a lations to the chairman of the full November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17723 committee, and ranking member, and than the provision of consistently safe, plen- he made in his opening statement this also the chairman of the subcommittee tiful, and affordable drinking water. This is morning; Senator BAUCUS, the ranking that I have worked with. He has been the only product or service that we provide member of the committee; Senator that directly affects the health and well- very reasonable. We have not agreed on being of every one of our constituents every REID, the ranking member of the Sen- everything all year, but he has made day. Unfortunately, the Safe Drinking Water ate Subcommittee on Drinking Water, every effort to reach out to the rest of Act, as amended in 1986, has often con- Fisheries and Wildlife, of which I am the subcommittee to make sure that founded our efforts to meet this responsibil- the chairman. The partnership that we have all the input that we feel is ity. HARRY REID and I have been able to necessary. Federal policy makers agree. Former forge I think suggests that there will I say this with the tremendous dif- EPA Deputy Administrator Robert be other successes which will come for- ficulty which we are having now with Sussman summed it up when he ac- ward from that subcommittee, and I all the money things—the continuing knowledged that: greatly appreciated his kind words this resolution and extending the debt Safe Drinking Water Act implementation morning. limit. I think people, especially in the has harmed the agency’s credibility by be- I also want to acknowledge Senator other body, can take a real lesson from coming a potent symbol of the rigidity and KERREY of Nebraska, who has been in- what this legislation is all about. I do costliness of Federal mandates on local gov- strumental in the negotiations over not think there is anyone that I have ernments and the overprotectiveness of the drinking water reform. He was a cata- EPA standard setting process. Reforms come across that has had stronger should strive for maintaining environmental lyst toward a bipartisan effort here principles in the legislative process protection while achieving more flexibility today. I appreciate the efforts of all of than the Senator from Rhode Island, in priority setting, lower compliance costs, these individuals and the assistance and certainly the Senator from Idaho, and greater state and local involvement in over the past year. but they have had to compromise in decision making. In drafting this legislation, we were this legislation. Many of the concerns raised by crit- guided by three fundamental prin- I say to the people in the other body ics of the Safe Drinking Water Act are ciples. First and most importantly, we as we are grinding down trying to work the direct result of unrealistic and in wanted not only to preserve public things out in the last few weeks of this many cases overzealous mandates im- health, but also to improve it. Second, legislative session—everyone, Demo- posed by the 1986 amendments to the we wanted to strengthen the partner- crat and Republican alike—that they Safe Drinking Water Act. These ship between the Federal Government can look at this legislation and say amendments, although well-inten- and State and local officials who are there is hope for the money problems tioned, went too far to one extreme— primarily responsible for providing safe we have in this country, if they follow command and control regulation took and affordable drinking water. And as an example what we have done here. the place of common sense. With the third, we would impose no unfunded This is true reform, and I think it is Federal Government at the helm, we mandates. The bill that is before the legislation that is at its best. I am imposed rule after rule on State and Senate today satisfies each of these happy to have been a part in this bill local governments, requiring them to principles. arriving to the point where it is now. spend literally billions of dollars to Let me highlight a few of the key This is good legislation. comply with burdensome Federal concepts of the legislation. I ask the Members, both Democrats standards, often with little or no con- First, the legislation substantially and Republicans, to support this legis- sideration of the true nature of the strengthens current law to ensure that lation. risk to public health, the cost of com- all Americans have safe and affordable Mr. KEMPTHORNE addressed the pliance, or the availability of less in- drinking water. It revises the standard Chair. trusive alternatives. setting process so that the Adminis- The PRESIDING OFFICER. The Sen- Yet, while we are asking States and trator is no longer required arbitrarily ator from Idaho is recognized. local governments to devote scarce re- to identify and regulate 25 new con- Mr. KEMPTHORNE. Mr. President, I sources to safeguard against poten- taminants every 3 years. Instead, the am pleased to stand here today in sup- tially remote risks, we are ignoring Administrator is given the authority port of the Safe Drinking Water Act more immediate and real risks to pub- and flexibility to target her regulatory Amendments of 1995. I believe that this lic health and safety. In 1993, for exam- resources on those contaminants that is a strong bill, that will improve pub- ple, a known disease-causing agent— are actually present, or likely to be lic health, give States and local gov- cryptosporidium—contaminated the present, in drinking water, and that, ernments the authority and flexibility drinking water supply in Milwaukee, based upon the best available peer-re- they need to target their scarce re- WI. Over 400,000 people became sick and viewed science, are found to pose a real sources on high priority health risks, 104 people died from the risk to public health. Once the Admin- and lay the foundation for a safe and cryptosporidium outbreak. There have istrator has identified a contaminant affordable drinking water supply into been other outbreaks of of concern, the bill requires that she the 21st century. cryptosporidium contamination since evaluate several regulatory options, Mr. President, this legislation is long then. Cryptosporidium was not regu- taking into consideration both the ben- overdue. Over the past year, I have lated in 1993 and it still is not in 1995. efits of each option and the real costs heard from dozens of State and local Clearly, current law is not adequately that will be borne by those responsible officials, consumers, representatives protecting the public from true health for complying with any new standards. from industry and even EPA. Their threats. We need to do better. Ameri- Our intent was simple. Drinking perspectives are different, but their cans should not get sick from their water standards should not be set just message was a shared one: Virtually drinking water. It is time to change di- because they are technologically fea- everyone agrees that the current law rection. sible as they are under current law; simply does not work. It does not tar- The bill we are here today to debate they must also be justifiable. If we are get those contaminants most likely to responds to the legitimate concerns going to demand that our states, coun- be found in drinking water; it does not that have been raised and provides im- ties and towns spend billions of dollars ensure that standards are set based on portant midterm corrections to a regu- to comply with new chlorine standards, the best available, peer-reviewed latory scheme mired in ill-focused, for example, at the very least, we owe science; and it does not provide States often unjustified and certainly costly them the assurance that these are dol- and local governments with the tools mandates. It reflects months of nego- lars well spent. We must be particu- that they need to ensure that citizens tiations with various stakeholders and larly sensitive to this when we apply, have safe and affordable drinking the efforts of many of my colleagues, as we do in the Drinking Water Act, water. particularly Senator CHAFEE, the new standards to small communities Jeffrey Wennberg, the mayor of Rut- chairman of the Senate Environment that must already comply with and pay land, VT, said it best. and Public Works Committee, with for numerous other Federal regula- There is no public health responsibility of whom it is a great pleasure for me to tions. For example, one town in my greater concern to local elected officials work, and I appreciated the comments home State of Idaho, McCall, with a S 17724 CONGRESSIONAL RECORD — SENATE November 29, 1995 population of approximately 2,000, ment in their drinking water. These certain that these costs will reduce must invest in a new wastewater treat- types of system specific adjustments health risks. ment plant, a new filtration system, are important because they allow Even without the Federal commit- and make improvements in its infra- States and local governments to target ment of funds, there are in fact fewer structure to deliver drinking water. As their scarce resources to achieve the mandates to fund than under current one community leader told me, ‘‘We’ve greatest overall level of protection. law. seen a 500-percent increase in our sewer One of the most significant elements The Congressional Budget Office has rates, and we’re struggling. If we have of this legislation is the commitment confirmed that this legislation does to go back and raise rates again, or for the first time of Federal resources not impose unfunded mandates under float a bond, or whatever it takes to fi- to assure that the nation’s drinking the Unfunded Mandates Reform Act. In nance compliance with Federal re- water supply is safe. The legislation its analysis of this legislation, the CBO quirements, we need to know that what authorizes up to $1 billion annually for stated that the legislation’s standard we’re being asked to do makes sense in a State revolving loan fund, which the setting provisions, including the risk terms of public health protection.’’ As States then match with an additional assessment and cost benefit language a former Mayor, I share his concerns. 20 percent. These funds will be avail- would ‘‘lower the cost of compliance By targeting scarce resources on reg- able to States and local drinking water for local water systems.’’ The CBO con- ulating contaminants that truly systems to construct needed treatment cluded that ‘‘the bill would likely re- threaten public health, and by tailor- facilities to comply with Federal sult in significant net savings to state ing drinking water standards to maxi- standards. We recognize that many and local governments.’’ mize the benefits of regulation for the communities simply cannot advance Make no mistake about it. This bill cost, we increase the overall level of the funds that are needed to respond to will work. It will improve public health protection that we offer everyday users new regulations. The Federal loan fund and reduce our costs at the same time. of drinking water. gives them the initial boost that they Do not just take my word for it, The legislation also recognizes that need. though. Listen to those who are re- in many cases, it is easier and more Importantly, the legislation also au- sponsible for providing safe drinking cost effective to prevent contaminants thorizes approximately $53 million for water. They overwhelmingly support from getting into source water for a health effects research, including re- this legislation. drinking water system, rather than to search on the health effects of The National League of Cities has try to remove them by regulation after cryptosporidium and disinfectants, and said that the legislation: they are in the system. This bill en- their potential effect on sensitive will strengthen and revise the current law courages States to develop source groups, like pregnant women, children, to assure that limited government resources water protection partnerships between and those with serious illnesses. I be- are targeted on contaminants of public community water systems and up- lieve that this research is essential to health concern that are actually found in the nation’s drinking water supplies . . . The stream stakeholders to anticipate and ensure that we continue to target our solve source water problems before measure is creative and innovative in that regulatory resources on true threats to for the first time it establishes a funding they occur. These are voluntary, incen- public health, while making sure that source to assist communities. tive-based partnerships. Our experience we never let another cryptosporidium The American Water Works Associa- in my home State of Idaho has repeat- outbreak take us by surprise. tion: edly demonstrated that these kinds of While flexibility, sound science, and programs work, and work well. Lo- believes that this legislation is a major reduced costs may be the watchwords step forward in the direction of better public cally-driven solutions that stakehold- of this legislation, it bears noting that health; safer drinking water; and more re- ers themselves develop in a non-regu- the one term that you will not hear in sponsive government. The sensible reforms latory, nonadversarial setting will connection with this bill is ‘‘unfunded contained in this bill represent a common often achieve a far greater level of pro- mandate.’’ The 1986 Safe Drinking sense solution that supports both environ- tection than otherwise through manda- Water Act, by way of contrast, is the mental protection and regulatory reform. tory restrictions on land use or other classic example of a Federal unfunded The Association of Metropolitan regulations dictated by Federal agen- mandate that this Congress over- Water Agencies has praised the legisla- cies within the beltway. The bill’s vol- whelmingly rejected when we passed tion, stating that it: untary source water protection pro- the Kempthorne-Glenn Unfunded Man- opens the door on a new era of Federal law- gram provides another tool for States dates Reform Act this year. making, where the Federal Government, and local governments to improve pub- Using the 1986 law as a case study of States, and local government and the public lic health, target local risks, and maxi- an unfunded mandate, the Congres- entities responsible for implementing the mize resources. sional Budget Office just last month is- law, can work together to solve problems that impact the entire Nation. The legislation also strengthens the sued a report which found that: Even the EPA agrees. EPA Adminis- existing partnership between the Fed- State and local officials have voiced strong eral Government and the States in im- opposition in recent years to the growing trator Carol Browner recently appeared plementing the Safe Drinking Water number of Federal requirements. At the before the Senate Environment and Act. It preserves the strong role for the local level, environmental requirements are Public Works Committee and testified Federal Government in developing perceived to be particularly onerous, and the that the agency is looking for a new drinking water standards, but for the Safe Drinking Water Act is often cited as drinking water law that ‘‘will strength- first time gives States the flexibility one of the most burdensome requirements. en public health protection; provide to tailor Federal monitoring and other The report concluded that the aver- improved regulatory flexibility; pro- requirements to meet their specific age cost of compliance with existing mote preventive efforts to keep the needs. This is just good common sense. drinking standards is between $1.4 bil- pollution and contamination out of our It makes no sense, for example, to re- lion and $2.3 billion per year. It went drinking water in the first place; and quire Idaho drinking water systems to on to note that compliance costs could provide public funding to help commu- spend thousands of dollars to monitor increase substantially as a result of nities upgrade their drinking water fa- for a pesticide that may be used only four proposed regulations that EPA is cilities.’’ This legislation, in her words, on citrus crops. currently considering. In fact, compli- provides a ‘‘framework and is a step in The legislation also provides needed ance with just one of these proposed the right direction’’ to achieve these relief through a variance process to regulations alone—the so-called dis- important goals. small, financially strapped systems. infectants and disinfection by-products In conclusion, Mr. President, we have These systems, in certain cir- rule—could cost drinking water sys- taken an important step forward in im- cumstances, may use alternative, af- tems as much as $2.6 billion dollars per proving the way in which we regulate fordable treatment technologies that year once it is fully implemented. Most drinking water. Does this legislation do not achieve full compliance with systems cannot afford these kinds of solve all the problems? Of course not. federal standards, provided that they costs, particularly since the CBO study But it will bring common sense back achieve an overall level of improve- makes it clear that it is extremely un- into the standard setting process, November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17725 make it easier for states to comply Local officials who operate drinking The money can be used by all States with the most important requirements, water systems, especially small sys- to help communities comply with streamline the bureaucracy, and reduce tems, are buried under a mountain of drinking water standards, restructure overall costs to most systems. And it redtape. The operators of these sys- their operations, or find alternative will do all of this without jeopardizing tems are trying to provide a basic pub- sources of water. public health. That is an achievement lic service to their neighbors. The job The fund is authorized at a level of that we should all be extremely proud is difficult enough without monitoring $600 million in fiscal year 1994, and of. requirements that cannot be met. thereafter at $1 billion annually I hope that you will join me and Sen- There is another problem: Tech- through fiscal year 2003. ator CHAFEE, Senator BAUCUS, Senator nology costs have skyrocketed. Again, Initially, grants for the drinking this is particularly a burden on those REID, and Senator KERREY in taking water State revolving funds will be dis- who operate small systems in rural this first step and support this legisla- tributed according to the formula cur- tion. areas. These small systems have what the rently used to allocate Federal grants Mr. President, I yield the floor. to States for drinking water oversight Mr. BAUCUS addressed the Chair. economists call limited economies of scale. They cannot spread their costs programs. The PRESIDING OFFICER (Mr. Beginning in fiscal year 1998, funds KEMPTHORNE). The Senator from Mon- across a large number of ratepayers. Nevertheless, in many cases, it costs will be distributed according to the re- tana. sults of an EPA survey of drinking Mr. BAUCUS. Mr. President, I ask them just as much to comply with the law as it costs large urban systems who water needs. unanimous consent that Senator LEVIN Another thing about the SRF. It pro- be added as a cosponsor of the bill. do spread their costs. On top of all of this, the standards- vides flexibility. States can respond to The PRESIDING OFFICER. Without setting system in current law keeps their own needs. They can provide objection, it is so ordered. rolling along, with 25 new contami- Mr. BAUCUS. Mr. President, today, grants to disadvantaged communities. nants regulated every 3 years, whether the Senate begins consideration of S. They can offset a program shortfall. they are needed or not. And we have They can help local water systems 1316, a bill to reauthorize and reform not provided federal funds to help com- the Safe Drinking Water Act. develop customized monitoring pro- munities meet their increased obliga- grams and source water programs. We all understand the need to reform tions. the Safe Drinking Water Act. It con- And they can shift funds between Because of all these problems, it their clean water or drinking water retains a number of provisions that are seems that the Safe Drinking Water too rigid and too costly. volving loan funds, in order to meet Act has become the very symbol of their most pressing problems. At the same time, we must protect concern about unfunded mandates. public health. After all, this is not But we have to get beyond symbol- So we provide both funding and flexi- some theoretical exercise. We are talk- ism, to solutions. bility. ing about the water that we and our That is exactly what this bill does. A second important feature is the children drink. Two quarts a day, every Senator CHAFEE, Senator KEMP- bill’s reform of the regulatory pro- day of our lives. THORNE, Senator REID and I have been gram. To my mind, this bill strikes the working closely, with Senators on both For example, one of the most trou- right balance. sides of the aisle, with the Administra- blesome requirements, in all of our en- It will reduce regulatory burdens. tion, with the environmental commu- vironmental laws, is the requirement Unnecessary regulations, redtape. nity, and with State and local groups. that EPA regulate 25 additional drink- At the same time, it will not jeopard- As a result of this work, the bill being water contaminants every 3 years, ize public health. In fact, in several im- fore us today, S. 1316, makes signifi- whether or not those contaminants portant ways, it will increase protec- cant improvements in the law. really threaten public health. tion of public health. It creates a new State revolving loan As a result, EPA is required to issue Before turning to details, I would fund for drinking water. It reforms the regulations that may impose high costs like to take a few minutes to put this standards-setting process and the mon- for little public health benefit. itoring requirements. It lightens the legislation in perspective. The bill replaces that requirement burdens on small communities, while Mr. President, Americans expect to with a new provision requiring EPA to continuing to protect public health. be able to turn on the tap, fill a glass, periodically review the need to regu- and drink the water—without getting It also addresses risk. We have had a lot of debates about risk assessment late additional contaminants. That sick. They expect safe drinking water way, we can focus our limited re- in their homes and in their local com- this year. Risk assessment is not a magic an- sources on the most important prob- munities. lems. They expect safe drinking water swer to all our problems. But it can be The bill also reforms monitoring re- when they move to a new community. an important tool, applied to specific quirements, the standard setting proc- They expect safe drinking water when problems. This bill does that, by applying risk- ess, and other elements of the law. they travel. When people from Conrad, MT visit based concepts to contaminant selec- In each case, the objective is to focus tion and standard-setting. Billings, Spokane, or Boston, or when our resources on the most important Mr. President, our Chairman, Sen- people come to visit their nation’s cap- problems. ator CHAFEE, has described the provi- The third important feature is spe- ital, they expect to be able to drink the sions of the bill ably and in detail. water without getting sick or without cial help for small community water I would simply like to emphasize systems. the worrying about getting sick. three features of the bill that I con- Ever since 1974, the Safe Drinking In the country as a whole, more than sider particularly important. 85 percent of the drinking water sys- Water Act has guided Federal, State First, the bill creates a new revolving tems in this country are small. and local efforts to assure that the loan fund. We all talk about unfunded water Americans drink is clean and mandates. With this bill, we put some In my home state of Montana, 688 of pure. In the last several years, how- money where our mouths are. the 694 community water systems serve ever, there has been growing concern The biggest problem facing drinking less than 10,000 people, and there is not that some provisions of the act mis- water systems, especially small sys- one system serving more than 100,000 direct Federal resources. tems, is the lack of funding to build people. There also has been concern that the adequate treatment facilities. They While small systems only serve about act imposes regulatory burdens that simply cannot afford to comply with 10 percent of the people, they bear local water systems simply cannot the current requirements of the act. about 40 percent of the cost of the Safe comply with, no matter how hard they To address this, the bill establishes a Drinking Water Act. try. More specifically, critics of the act State Revolving Loan Fund similar to The bill provides special help to point to several flaws: the Clean Water Act revolving fund. small systems that cannot afford to S 17726 CONGRESSIONAL RECORD — SENATE November 29, 1995 comply with the drinking water regula- anced reforms that reduce regulatory particularly worked very hard to get tions and can benefit from technologies burdens while improving environ- their job done. geared specifically to the needs of mental protection. Now, what is the problem? What is small systems. The bill before us today is a refresh- the problem that this legislation ad- Here is how it would work. Any sys- ing exception. Republicans and Demo- dresses? Essentially, Mr. President, the tem serving 10,000 people or fewer may crats have worked together, coopera- problem is this. Over the years, Ameri- request a variance to install special tively. Sure, it has taken time. There cans have become more and more de- small system technology identified by have been painstaking negotiations. manding, as they should, that their EPA. What this means is that if a There has been compromise. water is safe. In 1986, they became small system cannot afford to comply But look at the result. We have been quite concerned that the EPA, the ad- with current regulations through con- able to develop a bill that will result in ministration at that time, was not ventional treatment, the system can meaningful reforms. quite doing the job that should have comply with the act by installing af- A bill that will protect public health. been done to make sure that our water fordable small system technology. And a bill that the public can, with in our country was safe. So the 1986 Small systems that seek a variance confidence, support. amendments to the Safe Drinking will be protected from financial pen- I want to thank Senators CHAFEE, Water Act were passed. They were well- alties while their application is being KEMPTHORNE, and REID for the work intended. They were amendments reviewed, and they would have 3 years they have done to get this bill where it which directed the Environmental Pro- to install the affordable technology. is today—unanimously reported from tection Agency and directed States to States approve the variance, but only the Environment and Public Works significantly increase their standards, if the technology provides adequate Committee with more than 30 cospon- impose many more monitoring require- water quality and public health protec- sors. ments. There were many more con- tion. I also want to thank the Administra- taminants of concern identified than So small systems are not forced to tion and others for their hard work and the EPA was setting standards for. use big city treatment. But they must spirit of cooperation. Essentially, to help reassure Ameri- fully protect public health. And I look forward to working with cans, because the job was not getting Another way that this bill provides all of my colleagues to pass this bill done, we passed the 1986 amendments. I help to small systems is through tech- through the Senate and enact it into think it is fair to say that the 1986 nical assistance. Many small systems law. amendments that Congress passed went just need some advice on how to meet Mr. President, here we are passing a too far. They went too far in requiring some of the requirements of the law or very complicated, very important bill the Environmental Protection Agency operate equipment. For example, the which dramatically affects a lot of and the States to set too many stand- Rapelje water system in Yellowstone small communities, and certainly ards, to regulate too much, to monitor County, MT was advised through the every American, and yet there are very too much and, basically, did not ad- technical assistance program in our few Senators on the floor. There does dress the essential problem, that is, State to install a pressure relief valve not seem to be a lot of interest by some how to assure safer water at an afford- in its system, an action that will save Senators to be here on the floor for able cost. the system a considerable amount in this bill. Why is that? Basically, Mr. For example, one of the provisions in repairs. President, it is because this legislation, the 1986 amendments was essentially to This bill recognizes the importance in addressing a real need, is done the say, ‘‘OK, EPA, we want you to set of the technical assistance program for right way. standards for at least 83 different con- small systems by increasing the au- What do I mean by the right way? I taminants.’’ Up to that point, I think thorization for the program and allow- mean not demagoging the issue. Sen- there were about 22 contaminants regu- ing the States to use up to 2 percent of ators on both sides of the aisle have lated. ‘‘We want you to set standards their SRF money for small system worked very, very hard, particularly for a total of 83, and beyond that, we technical assistance. with interest groups around the coun- want you, EPA, to set standards for 25 Mr. President, putting all this to- try that were very interested in ad- additional contaminants every 3 gether, the bill provides funding, re- dressing drinking water problems in years.’’ That is stupid. It is nuts. There forms regulations, and recognizes the our Nation—small communities, large is no way in the world any agency special problems of small rural sys- communities, Governors, mayors, envi- could begin to do that much, with a tems. ronmental groups. And these groups, in tremendous additional burden on the But in doing so, it does not relax ex- trying to find a solution to the tradeoff Environmental Protection Agency. isting standards or weaken provisions between, on the one hand, protection— In addition, Mr. President, what was of the act that are necessary to protect making sure our water is safe and, on another consequence? Another con- public health. sequence was the dramatic dispropor- In fact, in addition to allowing EPA, the other hand, regulation, that is, not tionate cost for smaller communities. States, and local communities to tar- requiring too much regulation, trying Let us just think a minute. If the EPA get resources to the greatest threats, to find the balance. We have done just tells a water system in a community to the bill improves the act’s enforcement that; we have found a balance. They have worked very, very hard. monitor certain contaminants, and to and compliance provisions. And it improves the important provi- They have rolled up their sleeves. They set certain standards, and to essen- sions that require water system opera- have worked together to get the job tially apply certain technology, re- tors to alert people about drinking done. And we are here today basically gardless of the size of the system, it is water problems in their communities, ratifying, putting together, that mu- very clear that the large cities are able especially problems that create health tual effort of a lot of compromise on to spread those costs out among many, threats. the part of a lot of people. That is often many more people, so the cost per In summary, Mr. President, this bill what happens around here. Those who household is much lower. But if the is good news indeed. really work hard and get the job done very same monitoring requirements, And not only because it improves the are not praised as much as they should the very same standards, and the very Safe Drinking Water Act. be. same requirements are imposed on There is another reason. This bill In this case, it is all the various smaller communities, it is clear there shows that we can get something done groups and people. It is also the chair- is no way in the world that a smaller around here. man of the committee, Senator community is going to be able to meet During this Congress, most debates CHAFEE, the present occupant of the those very same standards, those very about the environment have deterio- Chair, Senator KEMPTHORNE, who same requirements, without imposing a rated into pitched partisan battles. chairs the subcommittee, also Senator tremendous cost on individual house- Both sides have hardened. REID, the ranking member of the sub- holds in that small system. As a result, we have missed several committee, and many other Senators That is particularly a problem, Mr. opportunities to enact reasonable, bal- who worked very hard, and their staffs President, in my State of Montana. We November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17727 have about 698—I think that is the fig- their communities is safe and afford- we work together to get something ure—community water systems. Of able. done. We are very fortunate in this those, I think about 660—I hope my fig- That is what this bill does. It accom- committee to have a heritage, if you ures are right—are communities of plishes this result, because a lot of will, of cooperation. It has extended under 10,000 people. We are a small-sys- very good people have worked very, way back to Jennings Randolph and tem State, which means that the 1986 very hard, and they have not then to Bob Stafford, to Senator PAT amendments imposed tremendous dis- demagogued it and gone to the media. MOYNIHAN, and to the distinguished proportionate requirements on small They just rolled up their sleeves and Senator from Montana himself when he communities. got the job done. was chairman of this committee. We These are communities that want I particularly commend the chair- have always tried to bring things out safe water. Sure, they want clean man of the committee, Senator with bipartisan consensus, so we can water. They want to do their best to CHAFEE. He has been the captain of the move ahead. This legislation represents make sure the water in their commu- ship. He is at the helm. He set the tone, that. nities is just as safe, if not safer, than the mood and the approach to all this. I am very pleased to be chairman of in big cities. But, my gosh, they are re- We are here because he has done that. this committee when we have this her- quired to monitor for contaminants I very much hope—and this is the itage that I mentioned, and I want to that do not exist. I have to tell you, point the Senator from Nevada made pledge to all that I will continue that monitoring may not sound like much, earlier—that we can take this as an ex- effort to bring everybody together, lis- but it is very, very expensive to mon- ample or a paradigm of how to deal ten to each side and then have some- itor for an individual contaminant. with other problems around here. As thing—we will not always be as suc- You multiply that for additional con- the Senator from Nevada pointed out, cessful as this, 16 to 0 in the commit- taminants that may not be there—the we are now locked in budget negotia- tee, not a single dissenting vote from law requires you to monitor for them tions, a pitched battle, Republicans either side. That is what we want to anyway, spend the money anyway. It and Democrats, the Congress and the use as a standard for the future. does not make any sense. In addition, White House. When the distinguished ranking the technologies that have to be in- Basically, Americans just want us to member was chairman of the commit- stalled are that much more expensive. get the job done. They want us to com- tee and brought this bill to the floor a Another big problem that the 1986 promise. They want us to balance the year ago, it passed 93 to 3. It is pretty amendments created is a problem that budget within 7 years, but do it fairly, hard to beat that. If we can emulate you heard many times from many peo- do it evenhandedly, so all Americans that today or tomorrow, I will be very, ple: unfunded mandates. That is Uncle are participating together as we get very happy. Sam saying, ‘‘OK, community, you do the job done together, just as we have COMMITTEE AMENDMENTS, EN BLOC this, you are going to take these re- done in this bill. Mr. CHAFEE. Mr. President, I ask quirements, but we are not going to Mr. President, this bill is a basic, unanimous consent that the committee give you the money for it.’’ It just was commonsense, balanced solution of amendments be adopted, en bloc, and not fair. compromises, give and take, on both that the bill, as amended, by the com- As the occupant of the chair knows, sides. We are getting the job done. I mittee amendments then be considered this Congress, quite correctly, over the very much hope that the White House, original text for the purpose of addi- months earlier this year passed legisla- I hope that the Congress, and, to be to- tional amendments. tion to prohibit unfunded mandates. If tally candid about this, I particularly The PRESIDING OFFICER. Is there my memory serves me correctly, one of hope the other body, particularly the objection? Without objection, it is so the chief proponents of that legislation majority party of the other body, in ordered. is the Senator from Idaho, and I com- good faith sits down in these budget So, the committee amendments, en mend him for it. negotiations and compromises to get bloc, were agreed to. This bill tries to address that prob- the job done. AMENDMENT NO. 3068 lem by setting up a State revolving In summary, Mr. President, I want to loan fund. It is $600 million the first particularly thank some Montanans (Purpose: To authorize listing of point-of-use treatment devices as best available tech- year, and then it gets to $1 billion. It who have worked very hard on this leg- nology, modify loan authorities for the basically says, ‘‘OK, States, we are islation over the years. The first that SRF program, clarify the definition of pub- going to change some of the require- comes to mind is Dan Kyle. Dan Kyle lic water system, and for other purposes) ments we passed in 1986. In addition to sat down with me at the Heritage Inn Mr. CHAFEE. Mr. President, I send a that, we are going to provide funds in in Great Falls, MT, I guess 6, 7, 8 years managers’ amendment to the desk and the State revolving loan funds so sys- ago, talking about how horrendously ask for its immediate consideration. tems can pay for some of the costs to expensive it is, inappropriately expen- The PRESIDING OFFICER. The install these technologies.’’ sive, for small systems to meet the clerk will report. We are also saying to the States, Federal requirements. That was a long The bill clerk read as follows: ‘‘Boy, you have lots of flexibility. You time ago. Dan Kyle has labored in the The Senator from Rhode Island [Mr. can pass money between the Safe vineyards. He has worked very, very CHAFEE], for himself, Mr. KEMPTHORNE, Mr. Drinking Water Act revolving loan hard—I believe he is head of the Mon- BAUCUS, and Mr. REID, proposes an amend- fund and the clean water revolving tana Rural Water Association—along ment numbered 3068. loan fund. You also can set up a tech- with Ray Wadsworth and the rest of Mr. CHAFEE. Mr. President, I ask nical assistance program to help small- the Montana crew, and Jim Melsted. I unanimous consent that the reading of er communities, even a grant program know these same people exist in other the amendment be dispensed with. for smaller communities.’’ There is a States. I only know those three in The PRESIDING OFFICER. Without lot of flexibility here, as it should be. Montana, and they have been just ter- objection, it is so ordered. I will not take too much more time. rific. I want to compliment them par- The amendment is as follows: Let me say, this is an example where ticularly for their hard work. They are On page 19, line 23, insert ‘‘(or, in the case Government is working. Government pretty proud that finally we got the job of privately-owned system, demonstrate that does not always work—we all know done. there is adequate security)’’ after ‘‘source of that—but sometimes Government does I yield the floor. revenue’’. work. Here is a situation where Gov- Mr. CHAFEE addressed the Chair. On page 20, line 24, insert ‘‘and’’ after ernment can work. It may not be per- The PRESIDING OFFICER. The Sen- ‘‘fund;’’. fect. There are probably some areas ator from Rhode Island. On page 21, strike lines 1 through 4. where this legislation could be im- Mr. CHAFEE. Mr. President, first, I On page 21, line 5, strike ‘‘(6)’’ and insert ‘‘(5)’’. proved upon on the margin, but main- want to thank the distinguished rank- On page 42, line 16, strike ‘‘title’’ and in- ly, it is a very good, solid effort to find ing member of the committee, Senator sert ‘‘section, and, to the degree that an a commonsense, balanced solution to BAUCUS, for his kind comments. I know Agency action is based on science, in carry- assure Americans that their water in that we all share the sentiments that ing out this title,’’. S 17728 CONGRESSIONAL RECORD — SENATE November 29, 1995 On page 69, line 24, strike ‘‘level,’’ and in- ‘‘(C) by adding at the end the following screening program, using appropriate vali- sert ‘‘level or treatment technique,’’. new paragraph: dated test systems, to determine whether On page 69, line 25, insert ‘‘or point-of-use’’ ‘‘(5) the zebra mussel was discovered on certain substances may have an effect in hu- after ‘‘point-of-entry’’. Lake Champlain during 1993 and the oppor- mans that is similar to an effect produced by On page 70, line 1, strike ‘‘controlled by the tunity exists to act quickly to establish a naturally occurring estrogen, or such other public water system’’ and insert ‘‘owned, zebra mussel controls before Lake Cham- endocrine effect as the Administrator may controlled and maintained by the public plain is further infested and management designate. water system or by a person under contract costs escalate.’’. ‘‘(2) IMPLEMENTATION.—Not later than 2 with the public water system’’. ‘‘(2) EX-OFFICIO MEMBERS OF AQUATIC NUI- years after the date of enactment of this sub- On page 70, line 6, strike ‘‘problems.’’ and SANCE SPECIES TASK FORCE.—Section 1201(c) section, after obtaining review of the screen- insert ‘‘problems. The Administrator shall of such Act (16 U.S.C. 4721(c)) is amended by ing program described in paragraph (1) by not include in the list any point-of-use treat- inserting ‘‘, the Lake Champlain Basin Pro- the scientific advisory panel established ment technology, treatment technique, or gram,’’ after ‘‘Great Lakes Commission’’. under section 25(d) of the Act of June 25, 1947 other means to achieve compliance with a ‘‘(3) AQUATIC NUISANCE SPECIES PROGRAM.— (chapter 125), and the Science Advisory maximum contaminant level or treatment Subsections (b)(6) and (i)(1) of section 1202 of Board established by section 8 of the Envi- technique requirement for a microbial con- such Act (16 U.S.C. 4722) is amended by in- ronmental Research, Development, and Dem- taminant (or an indicator of a microbial con- serting ‘‘, Lake Champlain,’’ after ‘‘Great onstration Act of 1978 (42 U.S.C. 4365), the taminant). If the American National Stand- Lakes’’ each place it appears. Administrator shall implement the program. ards Institute has issued product standards ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) SUBSTANCES.—In carrying out the applicable to a specific type of point-of-entry Section 1301(b) of such Act (16 U.S.C. 4741(b)) screening program described in paragraph or point-of-use treatment device, individual is amended— (1), the Administrator shall provide for the units of that type shall not be accepted for ‘‘(A) in paragraph (3), by inserting ‘‘, and testing of all active and inert ingredients compliance with a maximum contaminant the Lake Champlain Research Consortium,’’ used in products described in section 103(e) of level or treatment technique requirement after ‘‘Laboratory’’; and the Comprehensive Environmental Response, unless they are independently certified in ac- ‘‘(B) in paragraph (4)(A)— Compensation, and Liability Act of 1980 (42 cordance with such standards.’’ ‘‘(i) by inserting after ‘‘(33 U.S.C. 1121 et U.S.C. 9603(e)), and may provide for the test- Beginning on page 165, line 20, strike all seq.)’’ the following: ‘‘and grants to colleges ing of any other substance if the Adminis- through line page 166, line 2, and insert the for the benefit of agriculture and the me- trator determines that a widespread popu- following: chanic arts referred to in the first section of lation may be exposed to the substance. ‘‘(i) IN GENERAL.—For purposes of subpara- the Act of August 30, 1890 (26 Stat. 417, chap- ‘‘(4) EXEMPTION.—Notwithstanding paragraph (A), a connection to a system that deter 841; 7 U.S.C. 322) ‘‘; and graph (3), the Administrator may, by regula- livers water by a constructed conveyance ‘‘(ii) by inserting ‘‘and the Lake Champlain tion, exempt from the requirements of this other than a pipe shall not be considered a basin’’ after ‘‘Great Lakes region’’. subsection a biologic substance or other sub- connection, if— On page 195, after line 20, insert the follow- stance if the Administrator determines that ‘‘(I) the water is used exclusively for pur- ing: the substance does not have any effect in hu- poses other than residential uses (consisting ‘‘(f) SOUTHWEST CENTER FOR ENVIRON- mans similar to an effect produced by a nat- of drinking, bathing, and cooking, or other MENTAL RESEARCH AND POLICY.— urally occurring estrogen. similar uses);’’. ‘‘(1) ESTABLISHMENT OF CENTER.—The Ad- ‘‘(5) COLLECTION OF INFORMATION.— On page 166, line 3, strike ‘‘(aa)’’ and insert ministrator of the Environmental Protection ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(II)’’. Agency shall take such action as may be issue an order to a person that manufactures On page 166, line 15, strike ‘‘(bb)’’ and in- necessary to establish the Southwest Center a substance for which testing is required sert ‘‘(III)’’. for Environmental Research and Policy under this subsection to conduct testing in Beginning on page 167, line 5, strike all (hereinafter referred to as ‘the Center’). accordance with the screening program de- through page 167, line 19. ‘‘(2) MEMBERS OF THE CENTER.—The Center scribed in paragraph (1), and submit informa- On page 168, line 1, strike ‘‘and’’ and insert shall consist of a consortium of American tion obtained from the testing to the Admin- ‘‘or’’. and Mexican universities, including New istrator, within a time period that the Ad- On page 168, lines 2 and 3, strike ‘‘(I) and Mexico State University; the University of ministrator determines is sufficient for the (II)’’ and insert ‘‘(II) and (III)’’. Utah; the University of Texas at El Paso; On page 168, line 3, strike ‘‘and’’ and insert generation of the information. San Diego State University; Arizona State ‘‘(B) FAILURE TO SUBMIT INFORMATION.— ‘‘or’’. ‘‘(i) SUSPENSION.—If a person referred to in On page 168, strike lines 4 through 6 and in- University; and four educational institutions subparagraph (A) fails to submit the infor- sert the following: in Mexico. mation required under such subparagraph ‘‘(C) TRANSITION PERIOD.—A water supplier ‘‘(3) FUNCTIONS.—Among its functions, the that would be a public water system only as Center shall— within the time period established by the a result of modifications made to this para- ‘‘(A) conduct research and development order, the Administrator shall issue a notice graph by the Safe Drinking Water Act programs, projects and activities, including of intent to suspend the sale or distribution Amendments of 1995 shall not be considered training and community service, on U.S.- of the substance by the person. Any suspen- a public water system for purposes of the Act Mexico border environmental issues, with sion proposed under this subparagraph shall until the date that is two years after the particular emphasis on water quality and become final at the end of the 30-day period date of enactment of this subparagraph, if safe drinking water; beginning on the date that the person re- during such two-year period the water sup- ‘‘(B) provide objective, independent assist- ceives the notice of intent to suspend, unless plier complies with the monitoring require- ance to the EPA and other Federal, State during that period a person adversely af- ments of the Surface Water Treatment Rule and local agencies involved in environmental fected by the notice requests a hearing or and no indicator of microbial contamination policy, research, training and enforcement, the Administrator determines that the per- is exceeded during that period. If a water including matters affecting water quality son referred to in subparagraph (A) has com- supplier does not serve 15 service connec- and safe drinking water throughout the plied fully with this paragraph. ‘‘(ii) HEARING.—If a person requests a hear- tions (as defined in subparagraphs (A) and southwest border region of the United ing under clause (i), the hearing shall be con- (B)) or 25 people at any time after the con- States; and ‘‘(C) help to coordinate and facilitate the ducted in accordance with section 554 of title clusion of the two-year period, the water improvement of environmental policies and 5, United States Code. The only matter for supplier shall not be considered a public programs between the United States and resolution at the hearing shall be whether water system.’’. On page 178, line 21, strike ‘‘180-day’’. Mexico, including water quality and safe the person has failed to submit information On page 179, lines 6 and 7, strike ‘‘180-day’’. drinking water policies and programs. required under this paragraph. A decision by On page 179, line 15, strike ‘‘effect.’’ and in- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— the Administrator after completion of a sert ‘‘effect or 18 months after the notice is There are authorized to be appropriated to hearing shall be considered to be a final issued pursuant to this subparagraph, which- the Administrator $10,000,000 for each of the agency action. ever is later.’’. fiscal years 1996 through 2003 to carry out ‘‘(iii) TERMINATION OF SUSPENSIONS.—The On page 195, after line 20, insert the follow- the programs, projects and activities of the Administrator shall terminate a suspension ing: Center. Funds made available pursuant to under this subparagraph issued with respect ‘‘(e) PREVENTION AND CONTROL OF ZEBRA, this paragraph shall be distributed by the to a person if the Administrator determines MUSSEL INFESTATION OF LAKE CHAMPLAIN.— Administrator to the university members of that the person has complied with this para- ‘‘(1) FINDINGS.—Section 1002(a) of the the Center located in the United States.’’. graph. Nonindigenous Aquatic Nuisance Prevention On page 195, after line 20, insert the follow- ‘‘(6) AGENCY ACTION.—In the case of any and Control Act of 1990 (16 U.S.C. 4701(a)) is ing: substance that is found to have a potential amended— ‘‘(g) ESTROGENIC SUBSTANCES SCREENING adverse effect on humans as a result of test- ‘‘(A) by striking ‘‘and’’ at the end of para- PROGRAM.— ing and evaluation under this subsection, the graph (3); ‘‘(1) DEVELOPMENT.—Not later than 1 year Administrator shall take such action, in- ‘‘(B) by striking the period at the end of after the date of enactment of this sub- cluding appropriate regulatory action by paragraph (4) and inserting ‘‘; and’’; and section, the Administrator shall develop a rule or by order under statutory authority November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17729 available to the Administrator, as is nec- The PRESIDING OFFICER. Without is a good improvement. I urge its adop- essary to ensure the protection of public objection, it is so ordered. tion. health. The amendment is as follows: Mr. PRESSLER. Mr. President, I rise ‘‘(7) REPORT TO CONGRESS.—Not later than 4 Beginning on page 61, line 11, strike all today to commend Chairman CHAFEE, years after the date of enactment of this sub- through page 62, line 16, and insert: Subcommittee Chairman KEMPTHORNE, section, the Administrator shall prepare and ‘‘(A) ADDITIONAL RESEARCH.—Prior to pro- and Senator BAUCUS, as ranking mem- submit to Congress a report containing— mulgating a national primary drinking ‘‘(A) the findings of the Administrator re- water regulation for sulfate the Adminis- ber of this committee, for their hard sulting from the screening program de- trator and the Director of the Centers for work in drafting this bill. Certainly, we scribed in paragraph (1); Disease Control shall jointly conduct addi- need a uniform system of Federal laws ‘‘(B) recommendations for further testing tional research to establish a reliable dose- and regulations to maintain the public and research needed to evaluate the impact response relationship for the adverse health health and safety of our drinking on human health of the substances tested effects that may result from exposure to sul- water. These laws must be reasonable. under the screening program; and fate in drinking water, including the health ‘‘(C) recommendations for any further ac- They must make sense. effects that may be experienced by groups tions (including any action described in The bill before us, S. 1316, would go a within the general population (including in- paragraph (6)) that the Administrator deter- long way to bring common sense to fants and travelers) that are potentially at mines are appropriate based on the find- safe drinking water regulations. This is greater risk of adverse health effects as the ings.’’. good news for small cities and rural result of such exposure. The research shall Mr. CHAFEE. Mr. President, let me be conducted in consultation with interested communities. For example, S. 1316 briefly say what this is. The managers’ States, shall be based on the best available, would require the EPA to provide amendment does the following: It clari- peer-reviewed science and supporting studies sound scientific background for future fies the new definition for the term conducted in accordance with sound and ob- drinking water standards. In addition, ‘‘public water system.’’ It strengthens jective scientific practices and shall be com- this legislation would grant flexibility standard setting for bottled water as pleted not later than 30 months after the to small water systems that cannot al- date of enactment of this paragraph. recommended by the bottled water in- ways afford the expensive treatment ‘‘(B) PROPOSED AND FINAL RULE.—Prior to technology to comply with Federal reg- dustry. It allows EPA to list more cost- promulgating a national primary drinking effective, point-of-use treatment de- water regulation for sulfate and after con- ulations. vices as best available technology; it sultation with interested States, the Admin- S. 1316 represents a reasonable ap- includes Lake Champlain in the pro- istrator shall publish a notice of proposed proach to drinking water regulation. gram to control the infestation of rulemaking that shall supersede the proposal I am particularly pleased that my zebra mussels in the Great Lakes; it published in December, 1994. For purposes of colleagues agreed to improve the origi- authorizes assistance to a university the proposed and final rule, the Adminis- nal language in section 9, regarding the trator may specify in the regulation require- levels of sulfates allowed in drinking consortium called the Southwest Cen- ments for public notification and options for water supplies. This original provision ter for Environmental Research and the provision of alternative water supplies to would have required that communities Policy; it requires EPA to conduct a populations at risk as a means of complying provide bottled water as an alternative screening program for the estrogenic with the regulation in lieu of a best available to water containing sulfate. This provi- effects of pesticides, and it makes two treatment technology or other means. The sion is similar to a proposed Environ- changes to the loan provisions of the Administrator shall, pursuant to the au- mental Protection Agency regulation new SRF program, State revolving thorities of this subsection and after notice that would require communities to loan fund program. Overall, it clears and opportunity of public comment, promulgate a final national primary drinking water limit sulfate in drinking water. How- seven issues that Senators have regulation for sulfate not later than 48 ever, there is no scientific study to brought to our attention. months after the date of enactment of this prove that these low levels of sulfate in So, Mr. President, I urge adoption of paragraph.’’. drinking water result in negative the managers’ amendment. Mr. CHAFEE. Mr. President, let me Mr. BAUCUS. Mr. President, these health affects. explain this amendment. What it does As originally drafted, the bill would provisions under the managers’ amend- is it modifies the standard-setting pro- have affected roughly one-quarter of ment are essentially technical and visions of the bill for one contaminant, all the water systems in South Da- clarification amendments, which Sen- sulfate. kota—108 of the 483 water systems in ator CHAFEE, myself, Senator REID, and What is sulfate? It is a naturally oc- the State. The South Dakota Depart- the occupant of the chair I know has curring substance that contaminates ment of Environment and Natural Re- also looked at. I think they are good some groundwater used for drinking sources [DENR], which opposed both improvements to the bill. water, particularly in the Western section 9 and the EPA’s proposed sul- The PRESIDING OFFICER. Without States. fate rule, has estimated that the costs objection, the amendment is agreed to. The 1986 amendments required EPA The amendment (No. 3068) was agreed of compliance for those affected water to issue a standard for sulfates. It is systems would have been 40 to 60 mil- to. one of the 83 contaminants we pre- Mr. CHAFEE. Mr. President, I move lion. That was just the initial cost of viously discussed. But EPA has not to reconsider the vote. compliance. Small, rural communities Mr. BAUCUS. I move to lay that mo- completed the job yet. Part of the in South Dakota should not be forced tion on the table. problem has been inadequate scientific to pay such a high price to enforce a The motion to lay on the table was information on the adverse health ef- regulation that has no valid scientific agreed to. fects caused by sulfate. We know that justification. adverse effects occur, but we do not AMENDMENT NO. 3069 Let me put these figures in real (Purpose: To require additional research know exactly what concentration lev- terms we can all understand. The larg- prior to the promulgation of a standard for els must occur to cause the effects. est of the 108 affected South Dakota sulfate) This amendment requires EPA and communities would have been Madison, Mr. CHAFEE. Mr. President, I send the Centers for Disease Control to col- with a population of 6,395 people. Cur- an additional managers’ amendment to lect more information before a stand- rently, the average water bill for each the desk and ask for its immediate con- ard is set. The amendment also delays household in Madison is $13.75 per sideration. the deadline for issuing a standard so month. According to the South Dakota The PRESIDING OFFICER. The that this research might be completed. DENR, if the original section 9 were clerk will report. Senators PRESSLER and DASCHLE from enacted, the additional cost to each The bill clerk read as follows: South Dakota and Senator GRAMS from household would have been almost $14 The Senator from Rhode Island [Mr. Minnesota have expressed particular per month. That would have meant an CHAFEE], for himself, Mr. KEMPTHORNE, Mr. interest in resolving the scientific average monthly water bill of $27.75—a BAUCUS, and Mr. REID, proposes an amend- questions associated with sulfate, and 101 percent increase. Remember, this ment numbered 3069. we thank them for their interest and figure is for the largest of the affected Mr. CHAFEE. Mr. President, I ask help in preparing this amendment. communities. unanimous consent that reading of the Mr. BAUCUS. Mr. President, we have Let us take Big Stone City, SD, as amendment be dispensed with. examined the amendment and think it another example. With a population of S 17730 CONGRESSIONAL RECORD — SENATE November 29, 1995 670 people, Big Stone City has the me- Mr. CHAFEE. Mr. President, I sug- some Third World countries, unfortu- dian population of the 108 communities gest the absence of a quorum. nately. in South Dakota affected by the origi- The PRESIDING OFFICER. The It is estimated that about one-fourth nal sulfate proposal. Currently, the av- clerk will call the roll. of Alaska’s 86,000 Native residents live erage monthly water bill per household The assistant legislative clerk pro- without running water and use plastic in Big Stone City is $9.80. If the origi- ceeded to call the roll. buckets for toilets. These are com- nal section 9 were to become law, each Mr. MURKOWSKI. Mr. President, I monly called ‘‘honey buckets.’’ As a household in that community would ask unanimous consent that the order consequence, Mr. President, we have have seen its water bill rise about for the quorum call be rescinded. had numerous cases of hepatitis A $12.00, for a total monthly bill of $21.80. The PRESIDING OFFICER. Without among villagers, in some instances That would be a dramatic 122 percent objection, it is so ordered. causing death. increase. Just imagine the impact this Mr. MURKOWSKI. Mr. President, my I have a chart here which depicts the provision could have on communities staff has been working with the floor level of existing wastewater services in even smaller than Big Stone City. leaders on S. 1316, the Safe Drinking rural Alaska communities, and as the Mr. President, what would these Water Act, relative to an amendment Chair will note the area in dark blue communities have gotten in return for which has been discussed at some indicates about 49 percent of the chart, these shocking rate increases? Noth- length. I am sure the chairman of the which is the area of the population de- ing. That is right. Nothing. For years, Environment and Public Works Com- pendent on pit privies or honey buck- South Dakotans have been drinking mittee will respond to the status of the ets; 37 percent have flush toilets; 14 water containing sulfate with no ap- amendment. But it would authorize the percent have a haul system where the parent adverse health effects. administrator of the Environmental honey bucket man comes once a week In response to the concerns of my Protection Agency to make grants. and hauls the sewage away. constituents, my colleagues on the May I check with the floor leader rel- In over half of the villages in Alaska, committee agreed to suspend the cur- ative to the status of my amendment water is hauled to the home by hand rent EPA rule. Instead, additional reauthorizing the Administrator of the from a washeteria, watering points, or search conducted jointly by the Cen- Environmental Protection Agency to from a creek or river. A washeteria is ters for Disease Control and the EPA make grants to Alaska to improve a centrally located community build- would be required on the health affects rural sanitation by paying the Federal ing with washing and drying machines, of various dose levels of sulfate in share, 50 percent, of the cost of those showers, and so forth. Often times, Mr. drinking water on the broader popu- improvements? President, the trash can is used as a lation. The EPA then would propose a I would like to offer the amendment, water storage tank. Water for drink- new regulatory standard for sulfate if the leader has not offered it and ing, hand washing, and doing dishes based on the findings of this study, and speak very briefly on it. comes from this household trash can, on the standards set forth by this bill. Mr. CHAFEE. Mr. President, the Sen- and you can imagine the potential for I am convinced that this additional ator from Alaska had two amendments disease as a consequence of that type of study will prove once and for all that and both of those, it is my understand- transmission. Existing water service the sulfate which occurs naturally in ing, could be resolved and accepted. levels in rural Alaska have improved, much of South Dakota’s drinking Frankly, we are in the midst of work- but they have a long way to go. Only 40 water causes no harmful side affects. ing that out now. percent of rural Alaska has piped water The revised sulfate provisions of sec- Why not go ahead and describe the to residents; 30 percent use a tion 9 also have received the endorse- amendment, and at the conclusion of washeteria; 20 percent use a year round ment of the South Dakota Department the Senator’s description maybe we watering point; 7 percent have individ- of Environment and Natural Resources, can arrive at a position where the ual wells, and 3 percent have no system and the South Dakota Municipal amendment could be accepted. at all. One can imagine the residents of League. Mr. MURKOWSKI. I thank the Sen- Mr. President, like all Americans, this city living without the conven- ator. ience of running water or toilets that South Dakotans certainly want safe Mr. President, my amendment au- and healthy drinking water. But they flush. thorizes the Administrator of the Envi- In conclusion, I will continue to work also want Federal rules that are rea- ronmental Protection Agency to make to provide safe drinking water to rural sonable, understandable and flexible. grants to Alaska because of the unique By passing this bill, we are finally Alaska and along with my colleague, rural sanitation conditions in my taking much-needed steps to solve the Senator STEVENS, we want to see the State. It would improve rural sanita- problems associated with the current elimination of the honey bucket in tion by assisting with the Federal safe drinking water law. I am happy rural Alaska. That is a goal. And as the share—50 percent—of the costs of spe- that I was able to work with the chair- country moves toward the 21st century, cifically two items. One, the develop- man to develop sensible language to re- Alaska’s rural residents should not ment and construction of water and duce the impact of burdensome sulfate have to live in these conditions, again wastewater systems, and second, the regulations on small cities and rural often compared to Third World coun- training, technical assistance, and edu- water systems in South Dakota and tries. cational programs relating to the oper- other States. I wish to especially acknowledge ation and management of sanitation Again, I thank Chairman CHAFEE for Carol Spils of my staff who has been his leadership and for accommodating services. working with the Environment and the concerns of my constituents. I also The purpose of the amendment is to Public Works Committee for a long want to thank my friend from Min- ensure future funds are provided to im- time on this legislation. prove Alaska’s rural sanitation condi- I would ask that the amendment be nesota, Senator GRAMS, for working with me to ensure that we achieve a tions. Our delegation—Senator STE- considered at this time by the commit- commonsense legislative solution on VENS, Representative YOUNG, and my- tee. If there are additional details to be this matter. self—have supported $15 million in the worked out, I would be happy to pursue The PRESIDING OFFICER. The EPA’s budget this year for rural sani- them currently or if the floor managers question is on agreeing to the amend- tation, and Senator STEVENS on the are satisfied with them, why, I would ment. Appropriations Committee has ob- ask they be included in the package. I The amendment (No. 3069) was agreed tained appropriations in previous would send up the amendment and to. years. The problem we have is that the modification, if it is appropriate. Mr. CHAFEE. Mr. President, I move residents of rural Alaska simply do not Mr. CHAFEE. Mr. President, as I un- to reconsider the vote. have adequate drinking water or sani- derstand the modification, it is to set a Mr. BAUCUS. I move to lay that mo- tation facilities. As a consequence, we time limit on the authorization, am I tion on the table. have an abnormally high amount of correct, to the year 2003, and thus be in The motion to lay on the table was sickness and disease, and on some occa- conformity with the rest of the legisla- agreed to. sions, conditions can be compared to tion? November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17731 Mr. MURKOWSKI. The floor manager Mr. MURKOWSKI. Mr. President, I There is no requirement of peer re- is correct. I thank my friend from move to reconsider the vote. view. There is no requirement of mak- Rhode Island. Mr. CHAFEE. I move to lay that mo- ing a rulemaking where the interested Mr. CHAFEE. That would be fine. If tion on the table. parties would be brought in. There is we could make that modification, and The motion to lay on the table was just simply a broad mandate to the Ad- if the Senator would submit that, then agreed to. ministrator of EPA to go look around that would be accepted. Then we would Mr. MURKOWSKI. Let me take this at any place in the Federal Govern- proceed to accept his amendment. opportunity to thank my colleagues for ment where there is a major Federal AMENDMENT NO. 3070 their accommodation on this matter. It action that may affect pollution—‘‘pol- (Purpose: To authorize the Administrator of is very meaningful to Alaska. Rural lution’’ being broadly defined—in the Environmental Protection Agency to Alaska will be extremely pleased to see which the Administrator of EPA can make grants to the State of Alaska to im- this continued progress. then take into consideration every- prove sanitation in rural and Native vil- I also wish to again thank Carol thing from aesthetics to biodiversity. lages) Spils. Mr. President, this could be a very, Mr. MURKOWSKI. Then, Mr. Presi- Mr. CHAFEE. Mr. President, I sug- very bad provision. dent, I would send the modification to gest the absence of a quorum. The intent of the provision, of the desk and ask for its consideration The PRESIDING OFFICER. The course, is good. The intent of the provi- at this time. clerk will call the roll. sion is to rank various sources of pollu- The PRESIDING OFFICER (Mr. The legislative clerk proceeded to tion, to look at the relative risks of ASHCROFT). The clerk will report the call the roll. different sources of pollution. Every- amendment. Mr. JOHNSTON. Mr. President, I ask one agrees with that. But the grant of The legislative clerk read as follows: unanimous consent that the order for authority under section 28 under this The Senator from Alaska [Mr. MURKOWSKI] the quorum call be rescinded. bill is so broad that many Federal De- for himself, Mr. CHAFEE, Mr. KEMPTHORNE, The PRESIDING OFFICER. Without partments will wake up one day and Mr. BAUCUS, and Mr. REID, proposes an objection, it is so ordered. find out something that they had been amendment numbered 3070: Mr. JOHNSTON. Mr. President, I working on for a long time, let us say Mr. MURKOWSKI. Mr. President, I want to alert my colleagues to a provi- the building of a highway, suddenly be- ask unanimous consent that reading of sion of this bill which we are negotiat- comes not feasible because EPA has de- the amendment be dispensed with. ing which I think could be very per- termined that it had a benefit-cost The PRESIDING OFFICER. Without nicious and go well beyond anything ratio of only 50 percent and, therefore, objection, it is so ordered. that has to do with safe drinking should not be built. The amendment is as follows: water, would expand potentially the I suppose the determination that On page 195, after line 20, insert the follow- authority of EPA to evaluate and issue EPA made could be the basis of declaring: cost-benefit ratios which, in turn, ing a regulation or major Federal ac- ‘‘(g) GRANT TO ALASKA TO IMPROVE SANITA- could affect Federal actions, across the tion to be arbitrary and capricious. It TION IN RURAL AND NATIVE VILLAGES.— broad spectrum of Federal action. could affect major Federal actions all ‘‘(1) IN GENERAL.—The Administrator of the I am referring to section 28, begin- Environmental Protection Agency may across the board including, presum- make grants to the State of Alaska for the ning on page 179 of the bill. Under this ably, the Department of Defense, De- benefit of rural and Native villages in Alaska provision, the Administrator of the partment of the Interior, Department to pay the Federal share of the cost of— EPA can select major Federal actions, of Energy. You name it, the Adminis- ‘‘(A) the development and construction of and we know that a major Federal ac- trator of EPA could make that deter- water and wastewater systems to improve tion can be anything from drilling in mination that it does not pass benefit- the health and sanitation conditions in the ANWR, building a highway, having a cost ratio. villages; and timber sale, granting a loan—most Again, as the author of the original ‘‘(B) training, technical assistance, and anything. The Administrator of EPA educational programs relating to the oper- bill on risk assessment in the last Con- ation and management of sanitation services would determine what he thinks would gress, I very strongly support the idea in rural and Native villages. have a significant impact upon the en- of relative risk and risk assessment, ‘‘(2) FEDERAL SHARE.—The Federal share of vironment and then would do a benefit- but I believe in an attempt to deal with the cost of the activities described in para- cost ratio on that major Federal ac- this issue. This bill imperfectly does it, graph (1) shall be 50 percent. tion. and I hope before this bill is finished ‘‘(3) ADMINISTRATIVE EXPENSES.—The State It tells him how to consider the bene- that we can strike these provisions. of Alaska may use an amount not to exceed fits, and under section 6 on page 185, he S. 343, the regulatory reform bill, 4 percent of any grant made available under is told to ‘‘estimate the monetary this subsection for administrative expenses deals with this issue, I believe, in a bet- necessary to carry out the activities de- value, and such other values as the Ad- ter way, because with respect to bene- scribed in paragraph (1). ministrator determines to be appro- fit-cost ratios, S. 343 provides for a ‘‘(4) CONSULTATION WITH THE STATE OF priate, of the benefits associated with rulemaking and peer review, a rule- ALASKA.—The Administrator shall consult reducing risk’’, for example, of ‘‘(C) making in which all interested parties with the State of Alaska on a method of preserving biological diversity,’’ ‘‘(D) would be involved, a rulemaking in prioritizing the allocation of grants under maintaining aesthetically pleasing en- which the agency itself, which is put- paragraph (1) according to the needs of, and vironment,’’ and other things with re- ting out the regulation, would have the relative health and sanitation conditions in, spect to regulating the chemistry of each eligible village. responsibility of running the rule- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— the air, so that, under this provision, making. There are authorized to be appropriated such the Administrator of the EPA has the Under this, EPA does not have to sums as are necessary for each of the fiscal specific authority to come up with a peer review, does not have to give no- years 1996 through 2003 to carry out this sub- rating and a benefit-cost ratio to deal tice to interested parties. They can section. with, for example, a timber sale regard- simply select around throughout the The PRESIDING OFFICER. Is there ing the spotted owl. Federal establishment any Federal ac- further debate on the amendment? So that the Administrator of the tion which they wish to deal with and Mr. CHAFEE. Mr. President, as I un- EPA, who is now not in the loop on de- declare it to be not passing the cost- derstand it, this sets the time limit of termining a lot of these things, before benefit analysis, because it fails to pre- 2003? you know it, there would be a benefit- serve biodiversity or fails to ‘‘maintain Mr. MURKOWSKI. That is my under- cost ratio that would say this timber an aesthetically pleasing environ- standing and my intent. sale or this drilling in ANWR or the ment.’’ The PRESIDING OFFICER. If there building of this highway or the grant- That is what it says, Mr. President. is no further debate, the question is on ing of this loan has a benefit-cost ratio It may not be the intent. It may be agreeing to the amendment. of only 50 percent and does not pass correctable. I hope it is. But I believe The amendment (No. 3070) was agreed anybody’s muster in terms of benefit- section 28 ought to be stricken. to. cost ratio. Mr. CHAFEE addressed the Chair. S 17732 CONGRESSIONAL RECORD — SENATE November 29, 1995

The PRESIDING OFFICER. The Sen- fellow with Senator MOYNIHAN’s office, Perot, but I do not have any constitu- ator from Rhode Island. be permitted to have floor privileges ents that I know of, who knows what $1 Mr. CHAFEE. Mr. President, I want during consideration of this bill. trillion is, so let me try to define it. to thank the distinguished Senator The PRESIDING OFFICER. Without The trillion dollars that President from Louisiana for his thoughts on objection, it is so ordered. Clinton wants to spend over the next 10 this. What we are doing now is seeking f years would be equivalent to giving out and we are going to discuss this THE BUDGET NEGOTIATIONS him the ability to write $15,000 worth with the principal proponent of section of checks on the checking account of 28. It is possible that we can do what Mr. GRAMM. Mr. President, as we all every American family, over that 10- the Senator from Louisiana suggests. know—in fact, as the whole country year period. That is how much $1 tril- The Senator from Louisiana has knows—intensive negotiations on the lion is. some proposals that, in effect, deal budget are underway in this very build- I think it is clear that one path the with regulatory reform in section 5, as ing, and working Americans have a big negotiations could take, a path that I I understand it. My question is, would stake in the outcome of those negotia- am very concerned about, would be to he be prepared to drop those provi- tions. change our assumptions. This would be sions? While we do not know the final like a family assuming—when they sit As I understand, he has another makeup of the compromise that would down around the kitchen table at the emerge from these negotiations, what I amendment that deals with section 5. end of the month, when they get out a have heard is already alarming. I want What I would like to do is, frankly, get pencil and a piece of paper and try to to talk about the things that we are all references to regulatory reform out figure out how they are going to pay reading about in the paper, the appar- of this bill. We could discuss it now, or the rent or mortgage and how they are ent movement in the negotiations. I we could meet and have a quorum call. going to buy a new refrigerator before think it is important that if someone I know the Senator from Texas has the old one goes, or how they are going feels very strongly about a subject— comments on another subject. But I to try to send the first child in the his- and I feel very strongly about this sub- would like to discuss with the Senator tory of their family to college, when ject—that we not surprise them by from Louisiana what I previously sug- they are making tough, real-world de- waiting until the last minute, when ne- gested, namely dropping the section 5 gotiations are finished and a final prod- cisions, when that we are not just mak- proposals he has suggested. uct has been produced, to suddenly ing ends meet, but struggling for the Mr. JOHNSTON. Mr. President, the spring it on people that are not going American dream—assuming that there section 5 is a slightly different subject to support it. will be more money to spend than will matter. I would certainly be very inter- So what I would like to do this after- actually be available. ested in talking to the Senator about noon is to talk very briefly about the I want to be very sure, Mr. President, that. I do believe section 28 ought to be emerging budget deal and then talk that we do not make, in writing our dropped in its entirety. The problem is, about four simple principles that I in- new budget, an assumption that would if we do not drop it in its entirety, that tend to establish in terms of my own be equivalent to a family saying, well, will engender amendments to put in vote. Obviously, I speak only on behalf ‘‘What if we won the lottery?’’ or, the reg reform S. 343 provisions, and of myself but I believe that, based upon ‘‘What if we got a big promotion next that is going to engender a huge de- the 1994 elections, the vast majority of year?’’ or, ‘‘What if some distant rel- bate. It seems to me that that debate Americans agree with the principles I ative we do not know left us some ought to be put off until another day will outline today. In fact, I think money?’’ We know American families and not be engrafted upon the Safe there is no doubt about the fact that do not do budgets that way because Drinking Water Act. the vast majority of Americans agree they have to live with the con- The risk assessment on section 5 does with the principles that I will set forth, sequences of these decisions. have to do with safe drinking water be- and which will guide my vote on any I am very concerned that we are on a cause it determines how you do risk as- final budget agreement. path toward changing the underlying sessment with respect to drinking I think the general parameters of a assumptions in the budget in such a water. Section 28 really does not deal negotiation are pretty clear in terms of way as to let President Clinton spend with safe drinking water at all. That is what we hear from the White House, an additional $100 to $150 billion more why I think section 28 ought to be from Mr. Panetta, and what we are be- each year over the next 7 years than we dealt with separately. We would be pre- ginning to hear from our own leader- have set out in our budget. I am very pared to discuss section 5 at any time ship. If you go back to the last con- concerned that, if we do this, we are the Senator wishes to. tinuing resolution, there was a little giving up the first real opportunity we Mr. CHAFEE. Mr. President, what I line in that resolution that, for the have had in 25 years to balance the suggest is that we have those discus- first time, opened the door to the possi- Federal budget. sions now. I know the Senator from bility that we would change the param- I want to let my colleagues know— Texas is ready to go. There is a gap eters, the assumptions in our budget. and I know every person is trying to here, and I do not know how long the Let me explain why that is so impor- come up with the best solution to the Senator would like. tant. It sounds kind of trivial to many impasse we have—but I want my col- Mr. GRAMM addressed the Chair. people, what we assume about the leagues to know that under no cir- The PRESIDING OFFICER. The Sen- health of the economy, interest rates, cumstances am I going to support any ator from Texas. unemployment rates, and the number budget that allows President Clinton Mr. GRAMM. Mr. President, when- of people who qualify for Government to spend money we do not have on pro- ever I can serve the good of the Senate programs. But let me explain how im- grams we cannot afford. by speaking on another subject so that portant those assumptions are. If you If there was one promise that we the discussion can occur, I leap to the take the assumptions that the inde- made clear last year in the elections, it opportunity. pendent and nonpartisan Congressional was that if the American people gave Mr. CHAFEE. I was going to suggest Budget Office has established, which us a Republican majority in both 20, 30 minutes. guide our budget, and you compare Houses of Congress, we were going to Mr. GRAMM. I do not know that I them to the assumptions contained in balance the budget. I will have no part will go that long, but I will suggest the President Clinton’s budgets, his as- in backing away from that commit- absence of a quorum when I finish. sumptions about lower unemployment, ment. Mr. CHAFEE. That will be fine. higher growth, lower interest rates, The first principle I want to set out Mr. BAUCUS. Will the Senator yield and less spending from existing pro- is a very simple one: I will not support for a unanimous-consent request? grams ultimately allows him to spend a budget that spends one dime more Mr. GRAMM. Yes. $1 trillion more, over the next 10 years, than the dollar figures we set out in PRIVILEGE OF THE FLOOR than our budget allows us to spend. our balanced budget. We have written a Mr. BAUCUS. Mr. President, I ask Now, I have one constituent who can budget and it was consistent with put- unanimous consent that Carl Mazza, a comprehend what $1 billion is—Ross ting the Federal deficit in balance over November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17733 a 7-year period. Families and busi- year period, roughly 2 percent of the what are called economic assumptions nesses have to do it every year. It is level of spending of the Government, 70 or technical assumptions—what we not cruel and unusual punishment to percent of which goes to families, that think interest rates will be 6 years make the Government do it over a 7- begins to allow people to save more of from now, how fast we think money is year period. But we have written a what they earn, to invest more in their going to be spent out of a program— budget that establishes the maximum own children, and that has some mod- that every penny resulting from those amount we can spend each year for the est incentives for economic growth. changes and assumptions ought to go next 7 years and still balance the budg- Now, what is negotiable? First of all, to deficit reduction. By applying it to et. That amount, by the way, is $12 I think we should be ready to sit down deficit reduction we can guarantee that trillion. This is a 27-percent increase with the President anywhere, at any it will be there if, in fact, things do not over what we spent in the last 7 years. time, and under any circumstance, to turn out to be as rosy as we would like It seems to me that this is enough, negotiate how we spend the $12 trillion them to be. especially when you stop and think that is consistent with balancing the We would be doing what prudent fam- about the fact that last Sunday, Amer- Federal budget. I think we ought to be ilies do. That is, budget on the assump- icans sat down with the Sunday news- totally willing to sit down with Presi- tion that you are not going to win the paper and with their scissors and cut dent Clinton and negotiate on each of lottery, budget on the assumption that 120 million coupons out of their Sunday those 7 years, how that $12 trillion is you are not going to get the big pro- newspapers, and then carried those spent while still balancing the Federal motion. And if you do get the pro- coupons to the grocery store and went budget. motion, if Aunt Sally does give you to all the hassles to turn in the cou- I want to draw a clear line of distinc- money, then you are in a very sound pons as they were paying their grocery tion between negotiating about how to position to decide what to do with it. I bill just to save a few nickels, dimes, spend the amount of money that is believe if we conclude, as we say in the and quarters. consistent with balancing the budget language art that is contained in the Have we lost our ability to be out- and negotiating about how we might continuing resolution, if the Congres- raged about the fact that the Govern- change the budget itself to allow more sional Budget Office, in consultation ment does not make those sorts of de- spending that we can not afford and with the White House and outside cisions when we are now taking $1 out that clearly would deny us the ability, groups, concludes that there may be a of every $4 earned by every family of for the first time in a quarter of a cen- brighter future than we thought 3 four in America? In 1950 we were tak- tury, to balance the Federal budget. weeks ago when we debated this issue, ing only $1 out of every $50. I also believe we should be willing to then every dollar of savings ought to I think, if we back away from our sit down and hear the President out as go to balance the budget in this cen- commitment to balance the Federal to what the makeup of the tax cut tury. budget, we are betraying everything we should be. I do not believe we should Only in Washington do we have a de- promised in 1994, and I refuse to be a compromise further on the size of the bate about whether to balance the part of that. tax cut. I offered the original amend- budget in 7 years or 10 years or even The first principle is that I will not ment in the Senate which would have whether to do it at all. I have never, support a budget that spends one dime cut Government spending further than ever, in any of the States that I have more than the dollar figures we set out our budget in order to adopt the Con- traveled in the last few years heard, in our budget. Especially since this is tract With America tax cut as it was nor, has anybody come up to me and the maximum amount we can spend adopted in the House. That amendment said ‘‘Senator GRAMM, I think bal- while still balancing the Federal budg- was rejected. We have already com- ancing the budget is a great idea. Why et. promised in coming down from the not do it later than you plan?’’ I have The second principle is that I am not original Contract With America. never had anybody say that to me. But going to vote for a budget which pro- As my dear friend, DICK ARMEY, said almost every day—and as many of my vides tax cuts that are smaller than about compromising on the tax cut, he colleagues know, I am meeting a lot of the tax cuts set out in the Balanced ‘‘already gave at the Senate.’’ and I people all over the country—almost Budget Act. I want to remind my col- agree with this sentiment. every day somebody comes up and leagues that we are talking about let- It is clear that there is a movement says, ‘‘Why are you waiting 7 years? ting working families keep an amount in the negotiations toward going back Why don’t we do it sooner? Why don’t that equals roughly 2 percent of the and assuming that things will be better we do it now?’’ total amount of Federal spending. in the future than we believed they So, I think it is prudent policy that, We promised in the election a $500 would be 3 weeks ago, because in some if we conclude that the economy is tax credit per child. That means begin- sense many Members of Congress and going to have a brighter future—basi- ning in January every family in Amer- the White House believe if they could cally because we conclude it is going to ica with two children would get to keep just assume away part of the deficit have a brighter future based on wishful $1,000 more of what they earn to invest problem, that they could jointly thinking—then let us apply every dol- in their own children, their own fam- achieve their objectives, that we could lar of savings that comes from these ily, their own future. claim we have balanced the budget, assumptions to deficit reduction. And We have a fairly tight lid on it. The that the President could spend more if, in fact, it the economy does turn out money is only going to working mod- money, and that perhaps happiness to have a brighter future, the maybe erate, middle, and upper middle-income might be found on both ends of Penn- we will balance the budget within this families. I know many of our Demo- sylvania Avenue. century. But if it does not, if the origi- cratic colleagues are outraged that, if Mr. President, I am not going to sup- nal assumptions, the original conserv- you do not pay taxes, you do not get a port that effort. I think that would be ative assumptions, were right, then we tax cut. I am not outraged about this. a tragic mistake. How can we conclude will balance the budget in 7 years as we I think it is time to start operating that the economy is going to be bright- promised. Government in a way that tries to help er in the future, if at the same time we I hear, every day, our colleagues those people who pull the wagon in- prevent economic growth by giving talking about expanding the ability of stead of solely being focused on the smaller tax cuts, by having the Gov- the President to spend. A member of people who are riding in the wagon ernment spend more money, and by the leadership recently, while on tele- and, quite frankly, are being kept in having larger deficits? vision, suggested that maybe we could the wagon by programs that deny them We would be assuming a rosy sce- bring the tax cut down from $240 to $195 the ability to get out and become part nario and doing things that deny the billion. I disagree. I think this is the of the American experience. ability of that scenario to ever come time to stand on principle. We had an So I am not going to negotiate away true. I am not going to support that ef- election. We have a mandate. It is not a very modest tax cut which we comfort. as if the American people were de- mitted to, which we set out in terms of Let me set down this fourth prin- ceived. They knew what we promised absolute dollars at $245 billion over a 7- ciple. Any changes that we make in to do. We wrote a contract. I know S 17734 CONGRESSIONAL RECORD — SENATE November 29, 1995 many Members of the Senate say they in fact we conclude that the assump- Mr. KEMPTHORNE. Mr. President, I did not sign the contract, but America tions of the budget should be updated, ask unanimous consent that the order signed the contract when they elected that we should assume a more optimis- for the quorum call be rescinded. us and gave us a majority in both tic future—and I think we can make The PRESIDING OFFICER. Without Houses of Congress. one by balancing the budget—but if we objection, it is so ordered. I think these four principles I have makes these assumptions, then every f outlined embody a reasonable and a penny of savings that comes from those flexible approach to living up to what new rosy assumptions should go to def- SAFE DRINKING WATER ACT we promised we would do and yet being icit reduction. None of it should be AMENDMENTS willing to work with the President in spent. The Senate continued with the con- saying: These are our priorities as to These are the principles I intend to sideration of the bill. how we spend the $12 trillion that can fight for. They are principles I think Mr. KEMPTHORNE. Mr. President, be spent over the next 7 years while embody what I fought for in the 1994 in returning to the Safe Drinking still balancing the Federal budget. election when we elected a Republican Water Act Amendments of 1995, I would What are yours? Government must majority. They were embodied in the like to address a few points. learn to live within the constraint Contract With America. And I think, There has been quite a bit of discus- that, quite frankly, families face every quite frankly, if we want people to be- sion about the idea of these unfunded month when they sit down around the lieve politicians mean anything when Federal mandates that we have had for kitchen table and get out that pencil they say it, then there is one way to years. And in fact the Congressional and piece of paper. Families do not achieve this and that is to actually do Budget Office pointed out that prob- have the luxury of saying, ‘‘Let us as- what you said you would do. I believe ably one of the most burdensome, oner- sume that something great is going to that if we stick to these principles we ous Federal regulations that has been happen, let us spend additional would finally be living up to the com- imposed upon local and State govern- money.’’ They have to negotiate how mitments that we made. I, for one, in- ment has been the Safe Drinking Water they are going to spend the income tend to do it. Act Amendments of 1986. The unfunded they have available. We should be will- I wanted to go on record today as to mandates format for 1995 that was ing to negotiate with President Clinton what my position is, because I do not passed earlier this year and signed into on that basis. We should hear the want anyone to feel that, while they law this year by the President’s signa- President out in terms of his priorities, were away negotiating with President ture does not go into effect until Janu- but we have a priority that was given Clinton, somehow it was not clear ary 1, 1996 and, therefore, this legisla- as a mandate by the voters in 1994. where I stood. And when this final deal tion before us today, Senate bill 1316, That mandate and that priority is bal- is reached, I do not want anyone to be does not come in under the require- ance the Federal budget under reason- surprised, if it violates one of these ments of the Unfunded Mandate Re- able and realistic assumptions. very, simple and, I think, eminently form Act of 1995. Anybody can balance the budget if reasonable, principles, if I do not vote As the sponsor of that act which was you let them make up the assumptions. for the deal—because I cannot vote for signed into law, I was determined and Any family can live within its budget if a budget that does not live up to the absolutely dedicated that we are going they can make up their income. That is deal we made first with the American to stop unfunded Federal mandates not the trick. The real challenge, how- people in 1994. around here and, therefore, as this bill ever, that is faced every night by mil- I yield the floor. has been developed over 9 months I lions of families sitting around their The PRESIDING OFFICER (Mr. continually stayed in touch with the kitchen tables—which, quite frankly, SANTORUM). The Senator from Wyo- Congressional Budget Office. And in we do not face here in Washington, and ming. fact, I then submitted Senate bill 1316 have not faced for 25 years—is how do Mr. THOMAS. Mr. President, I ask to the Congressional Budget Office and you do it based on the amount of unanimous consent to proceed as in asked them to please go through this money you are realistically going to be morning business. legislation as though the unfunded able to spend? Every day in America, The PRESIDING OFFICER. Without mandates format were currently law, families are making these tough deci- objection, it is so ordered. used all the same criteria, and the sions, and they are having to say no to f tough examination of this legislation. the things they want. They are having THE BALANCED BUDGET They have done so. Mr. President, I ask unanimous con- to say no because we never say no. Mr. THOMAS. First, let me congratu- sent that the letter from the Congres- They are having to say no to their chil- late the Senator from Texas on his sional Budget Office be printed in the dren because we will not say no to very strong endorsement of the bal- RECORD. spending more and more money of anced budget amendment, the thing There being no objection, the mate- their money. that has really been, what will be, the I think the time has come for us to rial was ordered to be printed in the capstone of what we have done all year say no. I want to say no so families and RECORD, as follows: here, that will really make fundamen- businesses can say yes again. I want tal changes in the direction the Gov- U.S. CONGRESS, less Government, and more freedom. I CONGRESSIONAL BUDGET OFFICE, ernment takes. I admire his strength want less Government, stronger fami- Washington, DC, November 7, 1995. standing for it. lies, more opportunity, and more free- Hon. JOHN H. CHAFEE, Mr. President, I send a bill to the Chairman, Committee on Environment and Pub- dom. I think the way we get there is to desk and ask it be referred appro- stand up for some very simple prin- lic Works, U.S. Senate, Washington, DC. priately. DEAR MR. CHAIRMAN: The Congressional ciples. We are committed to balancing The PRESIDING OFFICER. The bill Budget Office has prepared the enclosed cost the budget under realistic assumptions. will be received and referred to the ap- estimate for S. 1316, the Safe Drinking Water We have set out what we can spend and propriate committee. Act Amendments of 1995. still achieve our objective. We will Mr. THOMAS. I thank the Chair. Enacting S. 1316 would affect both direct spending and receipts; therefore, pay-as-you- spend no more. (The remarks of Mr. THOMAS pertain- We promised the working people of go procedures would apply. ing to the introduction of S. 1434 are If you wish further details on this esti- this country a very small, very modest, located in today’s RECORD under very targeted amount of tax relief. It mate, we will be pleased to provide them. ‘‘Statements on Introduced Bills and Sincerely, in no way gets working Americans Joint Resolutions.’’) JAMES L. BLUM back to where they were 20 years ago, Mr. THOMAS. Mr. President, I sug- (For June E. O’Neill, Director). but it is a step in the right direction. It gest the absence of a quorum. Enclosure. is something we promised and I am not The PRESIDING OFFICER (Mr. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE going to back off from it. We can nego- SANTORUM). The clerk will call the roll. 1. Bill number: S. 1316. tiate over how to spend the money, but The assistant legislative clerk pro- 2. Bill title: Safe Drinking Water Act not how much to spend. And, finally, if ceeded to call the roll. Amendments of 1995. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17735 3. Bill status: As ordered reported by the [By fiscal years, in millions dollars] would require that the three localities pay Senate Committee on Environment and Pub- interest and any additional amounts nec- lic Works on October 24, 1995. 1995 1996 1997 1998 1999 2000 essary to offset the risk of default, the sub- 4. Bill purpose: The bill would amend the Estimated outlays ...... 161 66 17 0 0 0 sidy cost of this loan would be zero. Hence, Safe Drinking Water Act (SDWA) to author- Proposed changes: we estimate that the proposed loan would ize the Environmental Protection Agency Estimated authorization have no effect on outlays. level ...... 0 1,371 1,386 1,388 1,389 1,391 Revenues and Direct Spending.—Enact- (EPA) to make grants to states for capitaliz- Estimated outlays ...... 0 257 649 1,045 1,262 1,360 ing state revolving loan funds (SRFs). These Spending under S. 1316: ment of this bill would increase govern- SRFs would finance the construction of fa- Estimated authorization mental receipts from civil and criminal pen- level ...... 166 1,371 1,386 1,388 1,389 1,391 alties, as well as direct spending from the cilities for the treatment of drinking water. Estimated outlays ...... 161 323 666 1,045 1,262 1,360 The bill would authorize appropriations of $1 Crime Victims Fund, but CBO expects that ADDITIONAL REVENUES AND DIRECT SPENDING billion annually over the 1996–2003 period for the amounts involved would be insignificant. Revenues: Any additional amounts deposited into the these capitalization grants. In addition, 1 1 1 1 1 Estimated revenues ...... ( ) ( ) ( ) ( ) ( ) Crime Victims Fund would be spent in the major provisions of the bill would: Direct spending:2 Amend the procedures that EPA uses to Estimated budget author- following year. ity ...... (1) (1) (1) (1) In addition, section 22 of the bill would ex- identify contaminants for regulation under 1 1 1 1 Estimated outlays ...... ( ) ( ) ( ) ( ) plicitly waive any federal immunity from ad- the SDWA; 1 ministrative orders or civil or administra- Allow states to establish an alternative Less than $500,000. 2 The bill also could increase direct spending for judgments against the tive fines or penalties assessed under SDWA, monitoring program for contaminants in government, but CBO cannot estimate the amount of any judgment pay- and would clarify that federal facilities are ments that might occur from enacting S. 1316. drinking water; subject to reasonable service charges as- Allow operators of small drinking water The costs of this bill fall within budget sessed in connection with a federal or state systems to obtain variances from drinking function 300. program. This provision of SDWA may en- water standards under certain conditions; 6. Basis of Estimate: Spending Subject to courage states to seek to impose fines and Direct EPA to define treatment tech- Appropriations.—For purposes of this esti- penalties on the federal government under nologies that are feasible for small drinking mate, CBO assumes that the bill will be en- SDWA. If federal agencies contest these fines water systems when the agency issues new acted before 1996 appropriations for EPA are and penalties, it is possible that payments contaminant regulations; provided and that all funds authorized by S. would have to be made from the govern- Require states to ensure that public water 1316 will be appropriated for each year. Over ment’s Claims and Judgments Fund, if not systems have the technical expertise and fi- the 1996–2003 period, the bill would authorize otherwise provided from appropriated funds. nancial resources to implement the SDWA; appropriations totalling $10.6 billion, includ- The Claims and Judgments Fund is a perma- Establish a standard for the amount of ing $8 billion for grants to safe drinking nent, open-ended appropriation, and any radon in drinking water; water state revolving loan funds. amounts paid from it would be considered di- Authorize appropriations of $100 million In addition to the bill’s specified author- rect spending. CBO cannot predict the num- annually for state public water system su- ization amounts, CBO has estimated that $60 ber of the dollar amount of judgments pervision programs (PWSS), $40 million an- million to $70 million a year would be nec- against the government that could result nually for protecting underground drinking essary to pay for activities authorized by the from enactment of this bill. Further, we can- water sources, $35 million annually for pro- bill without specific dollar authorizations. not determine whether those judgments tecting drinking water wellhead areas, and Estimated costs for these activities are would be paid from the Claims and Judg- $35 million annually for assisting small based on information provided by EPA. Esti- ments Fund or from appropriated funds. drinking water systems; and mated outlays are based on historical spend- 7. Pay-as-you-go considerations: Section Authorize a loan for capital improvements ing patterns of ongoing EPA drinking water 252 of the Balanced Budget and Emergency to the Washington Aqueduct, which is oper- programs and its grant program for waste Deficit Control Act of 1985 sets up pay-as- ated by the U.S. Corps of Engineers to pro- water treatment state revolving loan funds. you-go procedures for legislation affecting vide drinking water to the District of Colum- CBO estimates that enacting the bill would direct spending or receipts through 1998. En- bia and parts of Northern Virginia. require about $55 million annually (at 1996 acting S. 1316 would increase governmental 5. Estimated cost to the Federal Govern- price levels) to pay for EPA’s general over- receipts from civil and criminal penalties, ment: Assuming appropriation of the entire sight and administrative costs for the safe and the spending of such penalties; hence, amounts authorized for discretionary pro- drinking water program. This amount would pay-as-you-go provisions would apply. The grams, enacting S. 1316 would lead to fiscal constitute an increase of about $15 million following table summarizes CBO’s estimate year 1996 funding for safe drinking water pro- above EPA’s current program costs, prin- of the bill’s pay-as-you-go effects. grams about $1.2 billion above the 1995 appro- cipally for administration of the new SRF [By fiscal year, in millions of dollars] priation. CBO estimates that the bill would program. We estimate that no funds would authorize appropriations totaling nearly $7 be required for grants to states for the 1996 1997 1998 billion over the 1996–2000 period. source-water protection programs that Change in outlays ...... 0 0 0 The authorization for most of EPA’s safe would be established under section 17 of the Change in receipts ...... 0 0 0 drinking water activities expired in 1991, but bill because states are unlikely to imple- the program has been continued through an- ment the optional petition programs de- 8. Estimated cost to State and local gov- nual appropriations. In 1995 about $166 mil- scribed in the bill. CBO also estimates a cost ernments: S. 1316 would change the process lion was appropriated to EPA for safe drink- of at least $5 million annually over the 1996– for setting standards for drinking water con- ing work and grants. In addition to this 2000 period for EPA to prepare the reports on taminants, alter requirements for monitor- amount, $700 million was appropriated in environmental priorities, costs, and benefits ing and treatment, and create state revolving loan funds to provide low-cost financing 1995 and $599 million was appropriated in 1994 that would be required by section 28 of the for public water systems. for EPA capitalizing grants to safe drinking bill. water state revolving loan funds (SRFs). The primary impact of the bill on state CBO believes that the proposed authority and local governments would be to reduce Spending of these SRF funds was made con- for modernizing the Washington Aqueduct tingent upon enactment of legislation au- the likely costs of complying with future should be treated as authority for providing drinking water regulations. These future thorizing safe drinking water SRFs. Public a federal loan to the three localities that re- Law 104–19 rescinded all but $225 million of regulations would impose significant costs, ceive water from the aqueduct. In effect, the primarily on local public water systems. The the SRF appropriations. localities are borrowing money from the number of severity of these regulations is Enacting S. 1316 would have a small effect Treasury to pay for modernizing the aque- likely to be less under S. 1316. However, be- on revenues from civil and criminal pen- duct. Such a loan would be subject to credit cause these regulations are not yet in place, alties and on resulting direct spending. Fi- reform provisions of the Budget Enforcement we cannot estimate the magnitude of any nally, enacting the bill could increase direct Act of 1990. We estimate that this authoriza- savings at this time. spending for the payments of judgments tion would have no net cost to the federal For example, the bill would change the against the federal government resulting government because the bill would allow the level at which future standards would be set from claims made by states under SDWA; Secretary of the Treasury to impose loan for drinking water contaminants. By allow- however, CBO cannot predict the number or terms and conditions on the localities in- ing EPA to consider the cost of compliance amount of any such judgments that would volved sufficient to offset any subsidy cost of and the extent of the reduction in risks to result from enacting the bill. The estimated the loan. health when establishing new standards, the budgetary effects of S. 1316 are summarized The Army Corps of Engineers estimates bill would allow less stringent standards to in the following table. that the aqueduct modernization project be set in some circumstances and would [By fiscal years, in millions dollars] would cost about $275 million in 1995 dollars therefore lower the cost of compliance for and would take seven years to complete. local water systems. Again, because these 1995 1996 1997 1998 1999 2000 Credit reform requires that the subsidy cost regulations are not yet in place, we cannot SPENDING SUBJECT TO APPROPRIATIONS of any loan—estimated as a net present estimate the magnitude of any savings, al- Spending under current law: value—be recorded as an outlay in the year though we expect that they would be signifi- Budget authority ...... 166 0 0 0 0 0 that the loan is disbursed. But since the bill cant. S 17736 CONGRESSIONAL RECORD — SENATE November 29, 1995 The bill also would create some new re- lower the cost of compliance for public water treatment technique. This section would sponsibilities (mostly for states), but CBO systems. broaden the qualifying criteria for small expects that the cost of these new respon- Finally, the bill would establish an MCL water systems, increasing the likelihood sibilities would likely be far less than the for radon and would set specific require- that they would be granted variances. potential savings realized from changing the ments for regulations governing arsenic and NEW REQUIREMENTS THAT WOULD INCREASE current standard-setting process and alter- sulfates in drinking water. The impact of COSTS these provisions on state and local governing current monitoring and treatment re- Conditions of primary quirements. Furthermore, the bill extends ment budgets is difficult to gauge, since EPA Several sections of the bill would increase the authorization of certain existing appro- has not yet written final regulations for the responsibilities of states only if they priations and authorizes the appropriation of these contaminants. The bill would require choose to accept primary enforcement re- additional federal funds to help state and the EPA Administrator to issue an MCL for sponsibility for national drinking water reg- local governments meet compliance costs. In radon of 3,000 picocuries per liter of water ulations. Every state except Wyoming cur- total, the bill would authorize over $9.9 bil- (pCi/Lwater). The impact of this change is rently has primary enforcement authority. lion in funding for state and local govern- difficult to assess because the MCL for radon Specifically, primacy states would have to ments over fiscal years 1996 to 2003 and would under current law has not yet been deter- set up new procedures to review applications make available for spending about $225 mil- mined. EPA has issued a draft MCL of 300 for variances submitted by small systems lion that was previously appropriated in fis- pCi/Lwater, and agency officials estimate and ensure that systems remain eligible for cal years 1994 and 1995. Assuming the appro- that public drinking water systems serving any variances granted. They would also have priation of these funds, CBO estimates that 17 million people would be required to treat to establish requirements for the training the bill would likely result in significant net water for radon at that level. Under the and certification of operators of public water savings to state and local governments. higher MCL in the bill, systems serving systems. Beginning in fiscal year 1997, they CHANGES LIKELY TO REDUCE COMPLIANCE COSTS fewer than 1 million people would have to treat for radon. Without a clear indication of would have to prepare an annual report for Standard-setting the MCLs EPA would establish for other sub- EPA on violations of national primary The bill would change the procedures for stances under current law, CBO has no sound drinking water regulations committed by determining permissible levels of contami- basis for estimating the possible savings that their public water systems. Primacy states nants in drinking water in ways that would would result from these provisions. would also have to consider and act upon likely lower compliance costs for public consolidation proposals from public water Monitoring water systems. First, it would rescind the re- systems. quirement that the EPA Administrator issue Section 19 would change monitoring re- These new requirements would entail some rules for 25 drinking water contaminants quirements for local water systems in ways costs for primacy states. Based on informa- every three years. No specific number of con- that probably would lower compliance costs. tion from state drinking water officials, CBO taminants would have to be regulated. Al- First, it would allow the EPA Administrator believes that if all funds authorized are sub- though it is possible that with this change to waive monitoring requirements for states sequently appropriated, states would prob- EPA would regulate more contaminants under certain conditions. Second, it would ably receive enough money to pay for these than current law dictates, CBO expects that allow states with primary enforcement re- additional requirements. sponsibility to establish alternative mon- the agency would regulate fewer contami- Procedures for small systems itoring requirements for some national nants than currently required. Some provisions of this bill would require Second, the bill would allow EPA to set drinking water regulations. Alternative re- all states, whether or not they have accepted the maximum contaminant level goal quirements could apply to all or just some primary enforcement responsibility, to insti- (MCLC) for contaminants known or likely to public water systems in the state. Third, this tute new procedures that would benefit some be carcinogens at a level other than zero in section would give states with primary en- water systems. These requirements could im- some circumstances. MCLGs are concentra- forcement responsibility separate authority pose significant additional costs on the tion levels below which there is thought to to establish alternate monitoring require- states themselves. For example, section 19 of be no adverse effect on human health. Under ments specifically for small systems. the bill would require each state to develop current law, the maximum contaminant Fourth, under ‘‘representative monitoring a ‘‘representative monitoring plan’’ to assess level (MCL) is an enforceable standard that plans’’ developed by the states, small and the occurrence of unregulated contaminants is set as close to the MCLG as EPA deter- medium water systems would probably mon- in small water systems. Under these plans, mines is feasible. Current law requires itor for unregulated contaminants less fre- only a representative sample of small water MCLGs for known or likely carcinogens to be quently than they would under current law. systems in each state would be required to set at zero. Finally, this section would direct the EPA Third, the bill would give EPA the author- Administration to pay the reasonable costs monitor for unregulated contaminants. Cur- ity to set MCLs at a level other than the fea- of testing and analysis that small systems rent law requires all systems to do such sible level if using the feasible level would incur by carrying out the representative monitoring. While these plans could reduce increase the health risks from other con- monitoring plans. the cost of monitoring for most small sys- taminants. If EPA uses this authority, it Compliance period, exemptions, and variances tems, they would require extra effort by the states. Based on information from a number must set the MCL at a level that minimizes Section 11 would change the date that pri- of state drinking water officials, CBO be- the overall health risk. Current law does not mary drinking water regulations become ef- lieves that if all funds authorized are later allow EPA to consider the effect of new regu- fective from eighteen months to three years appropriated, the states would probably relations on the concentration of contami- after the date of promulgation, unless the ceive enough funding to pay for any addi- nants that are already regulated. EPA Administrator determines that an ear- Fourth, the bill would require that EPA tional costs. lier date is practicable. This change would Section 15 of the bill would require each conduct a cost-benefit analysis for national give water systems more time to install new primary drinking water regulations before state to take certain actions to ensure that equipment or take other steps necessary to public water systems in the state develop the they are proposed. The bill also would re- come into compliance with the new regula- quire EPA, when proposing a maximum con- technical, managerial, and financial capac- tion. ity to comply with drinking water regula- taminant level, to publish a determination Section 13 would ease the conditions under tions. States would have to prepare a ‘‘ca- as to whether the benefits of the proposed which a state with primary enforcement re- pacity development strategy’’ for small MCL justify the costs of complying with it. sponsibility may grant exemptions from pri- water systems as well as a list of systems EPA would be given the discretionary au- mary drinking water regulations. Exemp- that have not complied with drinking water thority to establish less stringent standards tions are currently given to water systems regulations. In some circumstances, states when it determines that the benefits of an that, because of ‘‘compelling factors,’’ can- would be allowed to spend money from their MCL set at the feasible level would not jus- not comply with national drinking water annual SRF capitalization grant to pay for tify the cost of compliance or when it deter- regulations. These exemptions must be ac- developing and implementing their strategy. mines that the contaminant occurs almost companied by a schedule that indicates when exclusively in small systems. If EPA uses the system will come into compliance with Recordkeeping and notification this discretionary authority, it would have the regulation. This section would specifi- The bill includes other provisions that to set the MCL at a level that maximizes cally provide that a system serving a dis- might lead to additional recordkeeping and health risk reduction at a cost justified by advantaged community may be eligible for reporting responsibilities for states and for the benefits. While current law requires EPA an exemption. public water systems. Section 4 would allow to perform cost/benefit analyses of new regu- Section 14 of the bill would set out condi- the Administrator of the Environmental lations, it does not give the agency the dis- tions under which small systems could be Protection Agency to require states and lo- cretion to use those analyses as justification granted variances from complying with pri- calities to submit monitoring data and other for changing the standards contained in new mary drinking water regulations. Variances information necessary for developing stud- regulations. These last three changes in cur- are currently given to water systems that, ies, work plans, or national primary drink- rent law would give EPA greater discretion because of the quality of their raw water ing water regulations. This section could in- to set less stringent standards in future reg- sources, cannot comply with regulations, crease reporting costs for state and local ulations. Any use of that discretion would even after applying the best technology or governments, but on balance the bill would November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17737 likely result in a significant decrease in ject to negotiation, but it is likely that pay- tions agree that reform of this program is of overall monitoring requirements and costs. ment of principal and interest would begin critical importance, and we have made such Section 20 of the bill would substitute within two or three years and would be reform our highest collective priority for more specific legislative requirements for spread out over thirty years. The three local- this year. In many respects, the current law current regulations governing how water ities would raise the necessary funds by in- is unfocused, arbitrary, and imposes unac- systems notify customers of violations of na- creasing the water rates paid by their cus- ceptable costs on our citizens without appre- tional primary drinking water regulations. tomers. The localities’ respective shares of ciable benefits. S. 1316 makes important im- For example, this section would add a new the costs would be roughly as follows: Dis- provements in the law and deserves your requirement that community water systems trict of Columbia (75 percent), Arlington support. notify customers of violations by mail. County (15 percent), and Falls Church (10 As a bottom line, S. 1316 makes the drink- These requirements might result in in- percent). ing water program more effective in protect- creased costs for local governments. 9. Estimate comparison: None. ing public health. In her September 27 letter Definition of public water system 10. Previous CBO estimate: None. to Senator Baucus, EPA Administrator Section 24 would change the definition of 11. Estimate prepared by: Federal Cost Es- Browner outlined her views on what a new ‘‘public water system’’ to include systems timate: Kim Cawley and Stephanie Weiner. drinking water law should do. We believe S. that provide water for residential use State and Local Government Cost Estimate: 1316 satisfies those concerns. In particular, through ‘‘other constructed conveyances.’’ Pepper Santalucia. this bill: This change would make drinking water reg- 12. Estimate approved by: Paul N. Van de Helps prevent contamination of drinking ulations applicable to some irrigation dis- Water, Assistant Director for Budget Analy- water supplies by creating the first frame- tricts that currently supply water to resi- sis. work for water suppliers to work in partner- dential customers by means other than Mr. KEMPTHORNE. Mr. President, I ship with those whose activities affect water pipes. Districts would not fall under the new can state, based on that letter from the supplies. definition if alternative water is being pro- Provides assistance to help build the finan- Congressional Budget Office, that there cial, managerial, and technical capacity of vided for residential uses or if the water pro- are no new unfunded Federal mandates, vided for residential uses is being treated by drinking water systems. and, in fact, as they pointed out, we Assures that drinking water standards ad- the provider, a pass-through entity, or the dress the highest risks by directing EPA to user. Those districts that fall under the new will significantly reduce the cost to the set priorities and to establish standards for definition could face increased costs for local and State governments based on contaminants that occur in drinking water. treatment or for providing an alternative the legislation, S. 1316. Again, I think it is important to note Allows EPA to consider both costs and water supply. benefits in developing new drinking water CBO is still gathering information on the that while that act does not go into ef- regulations, as EPA has recommended. number of districts that would be affected by fect until January 1, we are complying Provides much needed funds to help com- this change; however, we believe that be- with it today. And that is as it should munities improve drinking water facilities. cause most of the water supplied by these be. Finally, but not least important, the bill districts is for agricultural uses, the amount Another point I would like to make addresses the problems of many of our small- of water that they would need to treat would er communities by requiring EPA to identify be a small fraction of the water they supply. is the fact that I think our State and local officials have made it very clear appropriate health-protective technologies Furthermore, the bill would allow districts for small water systems. to make residential users of their water re- that one of their most important re- The bill represents countless hours of ne- sponsible for treatment or for obtaining an sponsibilities to their constituents is gotiation and compromise among the various alternative water supply. to assure their constituents that their interests, including EPA. While no party AUTHORIZATIONS OF APPROPRIATIONS drinking water is safe and it is afford- gets all that they want from such a process, The bill would authorize the appropriation able. Therefore, on many, many occa- the final product is balanced and reasonable. of over $9.9 billion for state and local govern- sions during the course of the crafting We are concerned about two amendments ments over fiscal years 1996 to 2203. The larg- of this legislation, a coalition rep- that may be offered on the floor. One would est authorization would be $8.0 billion for the require all water systems to report on con- creation of state revolving loan funds resenting the State and local govern- taminants found in the water at levels that (SRFs). In addition, the bill would make ments, the different entities that pro- do not violate the federal standards. The bill available for spending $225 million that was vide the waters to different customers as drafted and current law require reporting appropriated for the revolving funds in fiscal were part of the discussions. I ask and public notification when a standard is years 1994 and 1995. If the authorized funds unanimous consent to have printed in breached. In addition, water systems will be are appropriated, these SRFs would be a sig- the RECORD a series of letters, letters required to report on monitoring for unregu- nificant new source of low-cost infrastruc- from the National Governors’ Associa- lated contaminants in order to provide EPA ture financing for many public water supply tion, the National Association of Coun- with data on occurrence. States already have systems. The bill would give states the flexi- authority to require additional reporting, bility to transfer capitalization grant funds ties, the National Conference of State and some do. We support those provisions. between the new safe drinking water SRFs Legislators, National League of Cities, However, additional mandatory reporting and the SRFs established by the Clean Water U.S. Conference of Mayors, and a vari- would be burdensome and serve no good pur- Act for financing wastewater treatment fa- ety of other organizations, pointing pose, and we cannot support them. cilities. out their strong support for this legis- A second amendment may be offered allow- The bill would also extend the authoriza- lation. ing EPA to avoid analysis and public com- tion for grants to the states for public water There being no objection, the mate- ment requirements when EPA declares an urgent threat to public health. The bill as system supervision (PWSS) programs rial was ordered to be printed in the through fiscal year 2003 at $100 million per drafted, combined with provisions of existing year and in some situations would allow RECORD, as follows: law, allows EPA to react quickly to protect states to supplement their PWSS grant by NATIONAL GOVERNORS’ ASSOCIATION, the public in the event of an urgent threat. reserving an equal amount from their annual NATIONAL ASSOCIATION OF COUN- The authorities for quick action include the SRF capitalization grant. The PWSS pro- TIES, NATIONAL CONFERENCE OF emergency powers, urgent threat to public grams implement the Safe Drinking Water STATE LEGISLATURES, NATIONAL health, and public notification requirements Act at the state level through enforcement, LEAGUE OF CITIES, U.S. CON- of the current law and this bill. Faced with staff training, data management, sanitary FERENCE OF MAYORS, an urgent threat, the Administrator can— surveys, and certification of testing labora- November 9, 1995. and must—act quickly to protect the public. tories. The fiscal year 1995 appropriation for Hon. DIRK KEMPTHORNE, Moreover, all Governors also have authority PWSS grants totaled $70 million. Both EPA U.S. Senate, Dirksen Senate Office Building, to take emergency action to protect public and the Association of State Drinking Water Washington, DC. health. However, even the quickest action Administrators have found this level of fund- DEAR SENATOR KEMPTHORNE: As elected should not be blind with respect to good ing to be inadequate to meet the require- representatives of state and local govern- science, the costs and benefits of that action, ments of current law. ment, we are writing to express our strong or the effect of that action on other contami- The bill would also allow the District of support for S. 1316, the Safe Drinking Water nants. Columbia, Arlington County, Virginia, and Act Amendments of 1995, as it was reported We have seen no evidence that the analysis Falls Church, Virginia to enter into agree- by the Committee on Environment and Pub- required by S. 1316 would slow EPA’s re- ments to pay the Army Corps of Engineers to lic Works. We ask for your help in passing sponse to an urgent threat, while the chance modernize the Washington Aqueduct. The this legislation into law without extraneous of mistakes dramatically increases when ac- Corps estimates that the modernization or substantive amendments. As you know, tion is taken in haste. The cost of such mis- would cost about $275 million in 1995 dollars EPA has indicated that the drinking water takes can be very high, and could include and would take around seven years to com- law is broken and that reform of the statute costs of over-reaction, under-reaction, ad- plete. The terms of the agreements are sub- is a top priority. Collectively our organiza- dressing the wrong risk, or addressing a risk S 17738 CONGRESSIONAL RECORD — SENATE November 29, 1995 in the wrong way. Those are the very mis- CALIFORNIA WATER SERVICE CO., The bill has been endorsed by associations takes that the analysis required by the bill San Jose, CA, October 20, 1995. representing state and local elected officials is designed to avoid. The EPA should not Hon. DIANNE FEINSTEIN, all across the country, and contains many take shortcuts even when quick action is U.S. Senate, Senate Hart Office Building, provisions which the EPA has been advocat- needed, and the public and the regulated Washington, DC. ing in a SDWA reauthorization. community should have the right to see DEAR SENATOR FEINSTEIN: As you may For these reasons, I encourage you to co- EPA’s analysis before standards are pro- know, on October 12, a bipartisan group of sponsor this important reauthorization bill. posed. Senators introduced S. 1316, the Safe Drink- I would also like to make my staff available ing Water Act Amendments of 1995. I urge to your staff should clarification be needed We hope you understand how important you to lend your support to this important in the technical areas of the bill. this bill is to state and local governments bill by signing on as cosponsor. I appreciate your attention to this matter, and to the citizens we represent, and hope S. 1316 adds needed flexibility to the Safe and look forward to hearing from you. you will help move this bill to final passage. Drinking Water Act (the Act) while preserv- Sincerely, Sincerely, ing the Act’s strong public health protec- A. M. TINKEY, Governor FIFE SYMINGTON, tions. It improves the method for choosing President. Chair, Committee on and setting drinking water standards; en- Natural Resources. courages states to prevent the formation of— OCTOBER 24, 1995. Governor GEORGE V. and consolidate—nonviable water systems Hon. DIRK KEMPTHORNE, VOINOVICH, (which are responsible for the vast majority Chairman, Subcommittee on Drinking Water, Lead Governor on of water quality violations); places greater Fisheries, and Wildlife, Environment and Federalism. emphasis on source water protection; and di- Public Works Committee, U.S. Senate, Governor E. BENJAMIN rects EPA to place a priority on research Washington, DC. NELSON, into cryptosporidium and at risk subpopula- DEAR MR. CHAIRMAN: The undersigned agri- Vice Chair, Committee tions. cultural and agribusiness organizations are on Natural Re- These reforms are badly needed. Without pleased to comment on S. 1316, the Safe sources. them, Californians face considerable incre- Drinking Water Act Amendments of 1995, DOUGLAS R. BOVIN, mental increases in their water bills over the and in particular Section 17, ‘‘Source Water President, National next few years without concomitant increase Quality Protection Partnerships.’’ The peti- Association of Coun- in public health protections. For example, it tion program in Section 17, which Sub- ties. would cost an estimated $500 million for San committee Chairman Dirk Kempthorne took Francisco to build a filtration plant to treat the lead in crafting, successfully builds on a one of the most pristine water supplies in similar provision authored in the last con- OFFICE OF THE MAYOR, the world. California consumers would pay gress by Senators John Warner and Kent CITY OF CHICAGO, between $3 and $4 billion in up front costs November 2, 1995. Conrad, and adopted by the Senate. We cer- and about $600 million annually to comply tainly appreciate your efforts to resolve ag- Hon. DIRK KEMPTHORNE, with the proposed radon regulation if adopt- Chairman, Senate Committee on Environment ricultural concerns during development of ed unchanged. Yet merely by opening the and Public Works, Subcommittee on Drink- the Section 17 language. If implemented as window, they will be exposed to higher levels ing Water, Fisheries, and Wildlife, Dirksen envisioned, this petition program contains of radon. Senate Office Building, Washington, DC. the foundation for voluntary partnerships in- Nationwide, water utilities have spent bil- volving state and local governments and ag- DEAR MR. CHAIRMAN: I am writing to ex- lions of dollars a year to ensure the safety of riculture. press my support of your Safe Drinking their customers’ supply. Large expenditures Importantly, the new petition program is Water Act reauthorization bill (S. 1316). life these were made even before passage of not intended to create new bureaucracies, a the Act in 1974 and will continue to be made As you know, the City of Chicago like mini-Clean Water Act, or a new layer of reg- with or without changes to it. However, with other local governments, is plagued by un- ulatory mandates imposed on farmers and the outlook for retail water costs in Califor- funded federal mandates, many of which other stakeholders. Section 17 avoids a nia increasing, additional treatment costs heavy-handed, ‘‘top down’’ regulatory ap- stem from the Safe Drinking Water Act. Cur- should not be imposed on our customers un- rent law makes blanket assumptions about proach in which economic viability is ig- less they are necessary to enhance public nored and farmers could become victims. In- the threats and conditions facing munici- health protections. stead, States have the option of establishing palities and issues the same rules for every The California Water Service Company is a petition program. States may respond to city regardless of its unique circumstances. the State’s largest investor-owned water petitions where appropriate by facilitating As a result, Chicago has spent a significant utility serving 1.5 million people in 38 com- locally developed, voluntary partnerships amount of time and money to comply with munities around California. On their behalf, through technical assistance and financial mandates that do not reflect the concerns of I appreciate your interest in this issue. incentives available under existing water its water system. These mandates are con- Sincerely, quality, farm bill and other programs, plus suming resources that our budget will not DONALD L. HOUCK, funds from the new drinking water SRF as allow us to spend unwisely, and our citizens President. provided for in S. 1316. The petition process should not be saddled with unnecessary in- is a common-sense, problem-solving ap- creases in the price they pay for safe drink- ST. LOUIS COUNTY WATER CO., proach which offers farmers and other stake- ing water. St. Louis, MO, October 24, 1995. holders the opportunity to work with their Attention: Tracy Henke. In an effort to conserve our scarce re- local communities as partners. There are a Hon. KIT BOND, growing number of success stories in which sources, I have been actively involved in the U.S. Senate, fight to reduce the burden of unfunded fed- local communities and farmers are already Washington, DC. working together in voluntary partnerships eral mandates on local governments. The DEAR SENATOR BOND: Senator Kempthorne standard setting process for safe drinking to resolve drinking water problems. recently introduced The Safe Drinking We look forward to working with members water is an issue that I strongly believe Water Act Amendments of 1995, (S. 1316), of the Committee and the Senate in ensuring needs improvement. I am pleased to see that which already has received bipartisan sup- that the petition process in S. 1316 maintains your bill addresses this issue by directing port from many of your colleagues. Last its voluntary and problem-solving objec- the EPA to set drinking water priorities and week Gurnie Gunter of the Kansas City tives. to set standards for contaminants that are Water Department provided testimony be- Sincerely, present in our water. I also commend you for fore the Senate Committee on Environment Agricultural Retailers Association. recognizing the need for a cost-benefit analy- and Public Works in support of this legisla- American Association of Nurserymen. sis in setting these drinking water stand- tion. I agree with Gurnie, as do most of the American Farm Bureau Federation. ards. water utility people I know. American Feed Industry Association. This legislation represents significant im- Your bill will enable the City to use its re- American Sheep Industry Association. provement over current law, would ensure American Soybean Association. sources more efficiently and will allow the increased protection of public health, and Equipment Manufacturers Institute. Water Department to take more effective clearly represents the consensus reached Farmland Industries, Inc. steps to guard against contamination that only after long hours of deliberations. S. 1316 National Association of Conservation Dis- may pose a real risk to the citizens of Chi- would target high risk contaminants, require tricts. cago. For these reasons, I thank you not the use of better scientific analysis, and tar- National Association of Wheat Growers. only for your insight but also for your lead- get funds to much needed research. Further- National Association of State Departments ership on this important piece of legislation. more, the bill would repeal unnecessary of Agriculture. Sincerely, monitoring requirements and other wasteful National Cattlemen’s Association. RICHARD M. DALEY, SDWA provisions which drain funds from National Cotton Council. Mayor. real public health protection. National Council of Farmer Cooperatives. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17739

National Grange. everyone on your staff who contributed to TULSA METROPOLITAN National Pork Producers Council. this remarkable effort. UTILITY AUTHORITY, National Potato Council. Sincerely, November 1, 1995. JEFF WENNBERG, Hon. DON NICKLES, AMERICAN FARM BUREAU FEDERATION, Mayor of Rutland. U.S. Senate, Washington, DC, October 13, 1995. Washington, DC. Hon. DIRK KEMPTHORNE, ALABAMA DEPARTMENT OF DEAR SENATOR NICKLES: On behalf of the U.S. Senate, ENVIRONMENTAL MANAGEMENT, Tulsa Metropolitan Utility Authority, I am Washington, DC. Montgomery, AL, October 25, 1995. writing to ask for your support of S. 1316, the DEAR SENATOR: The American Farm Bu- Re: Senate bill 1316. Safe Drinking Water Act Amendments of reau Federation would like to take this op- Hon. RICHARD SHELBY, 1995. By supporting this bill, you would be fo- portunity to thank you for your strong sup- U.S. Senate, Hart Senate Office Building, cusing your attention as well as the state of port of agriculture in developing the source Washington, DC. Oklahoma’s attention on public health pro- water protection provisions in the tection. We here at the TMUA support S. 1316 DEAR SENATOR SHELBY. As you are aware, Kempthorne/Chafee Safe Drinking Water Act and believe it represents a significant im- hearings were held on Senate Bill 1316, reau- reauthorization bill. provement over current law by increasing thorization of the Safe Drinking Water Act, Farm Bureau supports the incorporation of the likelihood that contaminants of real con- on October 19, 1995. a voluntary sources water provision in the cern to the public will be addressed. We be- Safe Drinking Water Act. Your petition pro- Staff of the Department have reviewed this lieve it would do this by achieving the fol- gram will establish these voluntary partner- bill and previously provided input through lowing: ships between state and local governments, the National Governor’s Association and the Ensuring that drinking water standards helping agriculture create a positive ap- Association of State Drinking Water Admin- address the highest priorities for risk reduc- proach for solve water quality problems. An istrators noting our satisfaction with the tion; important aspect of this program is that it language as presented. Lack of flexibility Utilizing solid science as a basis for stand- does not create new regulations or bureauc- properly administer the Safe Drinking Water ard setting; Authorizing adequate funding for health racies. Rather it provides a means for a com- Program has caused water systems in Ala- effects research; munity or water supplier who is experiencing bama to spend excessively on monitoring without an associated increase in public Securing the publics right-to-know; water quality trouble to solve the problem Establishing a reasonable compliance with the help of stakeholders using programs health protection. The passage of reauthorization will greatly benefit the water sys- timeframe; and resources that are currently available Setting up a framework and authorizing tems of Alabama and not only provide a under existing laws. This is a very practical funds for source water protection partner- safer quality of drinking water but a better solution in addressing water quality needs. ships. We thank you and your staff again for your environment for our citizens. I urge you to Water quality is of utmost importance to leadership and responsiveness in addressing co-sponsor this bill and provide support for us, and we feel that the current bill up for this issue. its passage. approval by the Senate meets the current Sincerely, Sincerely, water quality needs in an adequate manner. RICHARD W. NEWPHER, JAMES W. WARR, We would greatly appreciate your support on Executive Director, Acting Director. S. 1316 and hope you will continue to pursue Washington Office. what is best for Oklahoma. TULSA METROPOLITAN Thank you for your consideration on this UNITED WATER DELAWARE, UTILITIES AUTHORITY, matter. Wilmington, DE, October 13, 1995. Tulsa, OK, November 1, 1995. Sincerely, Senator DIRK KEMPTHORNE, Hon. JAMES M. INHOFE, SANDRA ALEXANDER, Chairman, Senate Drinking Water, Fisheries, U.S. Senate, Chairman. and Wildlife Subcommittee, Dirksen Build- Washington, DC. ing, Washington, DC. DEAR SENATOR INHOFE: On behalf of the ASSOCIATION OF METROPOLITAN HON. SENATOR KEMPTHORNE: As Manager of Tulsa Metropolitan Utility Authority, I am WATER AGENCIES, United Water Delaware, I am writing to sup- writing to thank you for your cosponsorship Washington, DC, November 15, 1995. port your proposed Safe Drinking Water Act of S. 1316, the Safe Drinking Water Act Hon. DIRK KEMPTHORNE, Amendments of 1995. As purveyor of water to Amendments of 1995. We feel that S. 1316 is a U.S. Senate, Dirksen Senate Office Building, some 100,000 people in the Wilmington, DE significant improvement over current law in Washington, DC. area, the re-authorization of the Safe Drink- that it increases the likelihood that con- DEAR SENATOR KEMPTHORNE: On behalf of ing Water Act is very important to me and taminants of real concern to the public will the Association of Metropolitan Water Agen- UWD’s customers in Delaware and Penn- be addressed. We feel S. 1316 will achieve this cies (AMWA), I would like to urge you to sylvania. goal by doing the following: support S. 1316, the Safe Drinking Water Act Amendments of 1995. The bill, which makes I feel that this bill will renew the partner- Using solid science as a standard setting essential reforms to the nation’s drinking ship between the water purveyors and the basis; water law, was developed through a biparti- State; re-establish confidence in EPA; and Authorizing adequate funding for health help make safe, adequate water supplies san effort and has the backing of the major effects research; drinking water supply organizations as well available to all Americans. Securing the publics right to know; Very truly yours, as State and local governments. Establishing a reasonable compliance time S. 1316 improves the current statute in sev- ROBERT P. WALKER, frame; eral meaningful ways. The bill establishes a Manager. Ensuring that drinking water standards rational approach to selecting contaminants address the highest priorities for risk reduc- for future regulation, greatly improves the OFFICE OF THE MAYOR, tion; scientific bases for establishing maximum Rutland, VT, October 23, 1995. contaminant levels, and modifies the exist- Hon. DIRK KEMPTHORNE, Setting up a framework and authorizing funds for source water protection partner- ing mechanism for setting standards by pro- U.S. Senate, viding EPA with the discretion to apply a Washington, DC. ships. By supporting this bill, we recognize you benefit-cost justification under certain cir- SENATOR KEMPTHORNE: Thank you once cumstances. In addition, the bill allows EPA are focusing your attention as well as the again for your most successful efforts to to balance risks when considering the devel- state of Oklahoma’s attention on public craft a bipartisan set of amendments to the opment of standards and applies this risk health protection. Water quality is impor- Safe Drinking Water Act. Thank you also for balancing authority to regulation of distant to us all; consequently, we feel that S. giving me, the NLC and NACO an oppor- infectants, disinfection by-products and mi- tunity to offer testimony last week. 1316 is a step in the right direction to achiev- crobial contaminants. The risk trade-off au- A great many people have worked for years ing better drinking water. We ask that you thority is particularly important given the to strengthen the protection of public health continue your support of S. 1316 and the pur- public health and cost implications of con- through the Safe Drinking Water Act. As suit of other supporters for the improvement trolling contaminants whose treatment, by someone who is on the front line of this of drinking water. We truly believe S. 1316 its very nature, may result in unintended in- fight. I want you to know how deeply your will not only benefit the water quality of creased public health risks. leadership and legislative craftsmanship are Tulsa and the State of Oklahoma, but it will AMWA also urges you to support passage appreciated. Put bluntly, in the current po- also benefit the water quality of the entire of S. 1316 without significant amendments. litical climate, it could not have been with- country. The bill contains many compromises that out you. Thank you again for your support and con- continues the Act’s focus on public health I am now confident that this Congress will tinued pursuit of this matter. protection but also addresses many problems enact amendments that will protect both the Sincerely, with the statute from a variety of perspec- taxpayer’s wallets and the public health. SANDRA ALEXANDER, tives. Amendments that shift this balance Please share my sentiments with Meg and Chairman. could serve to undermine the bill’s support. S 17740 CONGRESSIONAL RECORD — SENATE November 29, 1995 We urge you to support S. 1316. reducing existing mandates that don’t work; federal SDWA regulations, small and rural Thank you for your consideration of this establishes a source water protection pro- systems have relied on their state rural tech- very important matter. If you need any addi- gram; provides authorization for a drinking nical assistance program to help each other tional information or have any questions, water state revolving fund; and provides for try to meet these ever increasing mandates. please do not hesitate to give me a call. an improved federal-state partnership. This program needs to be strengthened. Sincerely, S. 1316 is supported by national organiza- 2. No more federal regulation require- DIANE VANDE HEI, tions representing governors, mayors, other ments. The revised law should not include Executive Director. state and local elected officials, state drink- new requirements because EPA cannot even ing water regulators, and public water sup- manage the existing requirements. Viability, CITIZENS UTILITIES, pliers—virtually all those responsible for as- or the way a system operates in order to Sun City, AZ, November 6, 1995. suring the safety of America’s drinking meet standards, should not be subject to fed- Hon. JOHN KYL, water. eral regulatory definition. Our state can Russell Senate Office Building, It is important that we focus our resources manage its small systems. Rural consumers Washington, DC. on the overall interest of the public and not have to pay for all the good ideas that come DEAR SENATOR KYL: I am writing on behalf simply react to political rhetoric. out of Washington. Giving the federal bu- of Citizens Utilities Company (‘‘Citizens’’) Thank you for your time and consider- reaucracy authority over determining the regarding proposed legislation, Senator ation. If we can provide additional informa- criteria for management and operations of Kempthorne recently introduced the Safe tion for you please contact us. local municipal water systems will only in- Drinking Water Act Amendments of 1995 (S. Sincerely, crease burden on water operators and local 1316) which already has received bipartisan RAY LEE, President. elected officials. support from many of your colleagues. Citi- 3. Urgent-Monitoring relief. We estimate zens strongly supports this reauthorization BRIDGEPORT HYDRAULIC CO., that 20 to 25 percent of Idaho’s small commu- bill. Bridgeport, CT., October 13, 1995. nities did not utilize the 1993 Chafee Lauten- In the state of Arizona, Citizens provides Hon. CHRISTOPHER J. DODD, berg monitoring relief and therefore will water and wastewater utility services to ap- U.S. Senate, Senate Russell Office Building, have to complete four samples of Phase II/V proximately 105,000 customers in Maricopa, Washington, DC. monitoring in 1995. Please extend this one- Mohave, and Santa Cruz Counties. We are DEAR SENATOR DODD: We understand that test relief provision. the largest contiguous investor-owned water/ on October 12, 1995, Senators Kempthorne 4. The enclosed signatures were gathered wastewater utility company in the State of and Chafee introduced S. 1316, ‘‘The Safe during the Idaho Rural Water Association’s Arizona. Among our service areas are the Drinking Water Act Amendments of 1995.’’ annual meeting. The 54 names on the peti- world-renowned, master-planned retirement This bill has bi-partisan support from the tion represent approximately 140,992 citizens communities of Sun City, Sun City West, leadership of both parties in the Senate and of small rural communities in Idaho. They and Del Webb’s newest project, Sun City has been endorsed by members of the Safe support the above mentioned three items. Grand. Drinking Water Act Coalition, which rep- They also appreciate your effort to pass a re- This legislation represents significant im- resents state and local governments and pub- vised SDWA that is fair and workable and provement over current law, would ensure lic water suppliers. provides them the opportunity to provide increased protection of public health, and S. 1316 makes substantial improvements in clean, safe, affordable drinking water to clearly represents the consensus reached the current law, particularly how contami- their citizens. only after long hours of deliberations. S. 1316 nants will be selected for regulation and re- Sincerely, would target high risk contaminants, require quiring a cost benefit analysis for risk as- KENNETH GORTSEMA, President. the use of better scientific analysis, and tar- sessment. We believe when enacted, S. 1316 Enclosure. get funds to much needed research. Further- will help provide American consumers with IDAHO RURAL WATER ASSOCIATION LETTER TO more, the bill would repeal unnecessary safe, high-quality water at a reasonable SENATOR KEMPTHORNE—SIGNERS monitoring requirements and other wasteful price. Roy Cook, Coeur o’Alene, vendor. SDWA provisions which drain funds from Since this bill will provide reasonable, risk Robert Cuber, City of Jerome, (pop. 7,049), real public health protection. reducing water regulations, we urge you to The bill has been endorsed by associations become one of its co-sponsors. Thanks for water superintendent. Helen Smith, LOFD Lewiston, (pop. 6,000), representing state and local elected officials your consideration. board member. all across the country, and it contains many Sincerely, Frank Groseclose, City of Juliaetta, (pop. provisions which the EPA has been advocat- LARRY L. BINGAMAN, 500), maintenance supervisor. ing in an SDWA reauthorization. Vice President, Jeanette Turner, Clarkia, (pop. 70), direc- Thank you for your consideration of the Corporate Relations and Secretary. tor/secretary. foregoing information. I look forward to Fred Turner, Clarkia, (pop. 70), mainte- hearing from you regarding this important IDAHO RURAL WATER ASSOCIATION, nance. piece of legislation. Lewiston, ID, March 13, 1995. Robert L. Luedke Jr., City of Gowesee, Very truly yours, Hon. DIRK KEMPTHORNE, (pop. 800), city supervisor. FRED L. KRIESS, Jr., U.S. Senate, Jeanette Turner, Clarkia, (pop. 70), board General Manager. Washington, DC. member. DEAR SENATOR KEMPTHORNE: On behalf of Fred Turner, Clarkia, (pop. 70), mainte- ILLINOIS-AMERICAN WATER CO., over 187 rural and small communities in nance. Belleville, IL, October 18, 1995. Idaho, we want to thank you for your com- Jerry Lewis, Bonner County, (pop. 115), Hon. CAROL MOSELEY-BRAUN, mitment to pass a revised Safe Drinking owner. U.S. Senate, Hart Senate Office Building, Water Act (SDWA). Roberto J. Lopez, Lapwai, (pop. 250), water Washington, DC. The federal Safe Drinking Water Act has maintenance. DEAR SENATOR MOSELEY-BRAUN: I am writ- proven to be one of the most expensive and Jim Richards, City of Pierce, (pop. 800), ing to urge you to cosponsor S. 1316, the Safe most arbitrary federal mandates that has maintenance. Drinking Water Act Amendments of 1995. been placed on rural communities. All water Andy Steut, City of Spiritlake, (pop. 1,500), The bipartisan bill was introduced by Sen- systems small and large must follow the maintenance. ator Kempthorne with 23 cosponsors includ- same ONE-SIZE-FITS-ALL federal require- Mark Kriner, Pocatello Idaho, (pop. 60,000), ing Senator Dole (Majority Leader) and Sen- ments regardless of the history and/or pre- vice president Caribon Acres water. ator Daschle (Minority Leader). viously tested quality of their water. Ted A. Swanson, Pocatello Idaho, (pop. As the guardian of safe drinking water in We urge you to pass the SDWA that cor- 60,000), Swanson construction. Pekin, Peoria, Alton, East St. Louis, Belle- rects the over regulation of small and rural Nathan Marvin, City of Weiser, (pop. 4,800), ville, Granite City and Cairo, Illinois-Amer- communities. No one is more concerned public works superintendent. ican Water Company believes S. 1316 is a about ensuring public health protection than Larry Kubick, Fernwood water district, major step forward in the direction of better rural communities with water systems, but (pop. 450), operator/maintenance/supervisor. public health; safer drinking water; and specific changes need to be made to make Steve Howerton, City of Kendrick, (pop. more responsive government. The reforms the law workable. 350), maintenance/supervisor. contained in this bill represent a common For a bill to benefit small and rural com- Kelly Frazier, City of Kooskia, (pop. 700), sense solution that supports both environ- munities, the Safe Drinking Water Act public works superintendent. mental protection and regulatory reform. should: Alvena Gellinos, L.O. irrigation district, S. 1316 strengthens the scientific basis for 1. Provide small communities with in- (pop. 3,800A.), Billing clerk. establishing drinking water standards; tar- creased technical assistance. This is what ——— ———, City of Lapivai, (pop. 1,000), gets regulatory resources towards greater works in the field to help small systems with city clerk. public health risks and away from trivial the mandates. Small systems have the most Daeline Pfaff, Fort Hall (townsite), (pop. risks; establishes a stable, forward-looking difficulty complying with the SDWA because 150), board member. framework for addressing longer term drink- of limited budgets and big system require- Shelley Ponozzo, L.O.I.D. Lewiston, Id,, ing water issues; funds new mandates while ments. Through the thick and thin of the (pop. 6,000), accountant/office manager. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17741 Irvin Hardy, Rupert Id., (pop. 5,200), water elected officials would have a serious overboard from his assignment on the superintendent. problem, not only the serious problem U.S.S. America. The Navy conducted 3 Bob Paffile, CDA, board member/vice presi- of immediately dealing with the life- extensive days of searching, utilizing dent. Robert Smith, New Meadows, (pop. 600), threatening situation but they also different ships and helicopters to lo- water superintendent. probably would have a political prob- cate Lance Cpl. Mayo. His mother and Buzz Hardy, Rapid River water and sewer, lem because their constituents are not father had been notified that their son (pop. 42), district president. going to allow someone to somehow was missing at sea. Paul Stokes, Solmon, Idaho, (pop. 3,000), jeopardize the safety of that water I just got off the phone with Mr. water treatment. which the children of that community Stanley Mayo, the father, who received Steve Kimberling, Orofino ID, (pop. 2,500), are going to drink. a call at 4 a.m. this morning that his water maintenance. We have talked about son is OK. In fact, he spoke with his Richard Whiting, City of Victor ID., (pop. 600), water superintendent. cryptosporidium, the fact that it was son. After 36 hours in the water, Jim Condit, City of Spirit Lake, (pop. not regulated in 1993 when there was an Zachary was picked up by a Pakistani 1,500), water waste water. outbreak and 104 people died from that fishing boat. He has been taken to Rhonda Wilcox, City of Harrison, (pop. 226), particular outbreak, and yet today Pakistan and is now in transit to the water maintenance. cryptosporidium is still not regulated. United States Embassy and will be re- Phil Tschida, City of Horseshoe Bend, (pop. We are going to change that, and this turned shortly. 720), water maintenance superintendent. legislation allows us to improve, there- In speaking with his father and Ed Miller, CSC water district Kellogg, learning a little bit about what it must (pop. 3,000), water operator. fore, public safety and public health, Virgil W. Leedy, City of Weiser, (pop. and we are going to do it at less cost. have been like to be swept over and 4,500), water superintendent. We are going to provide flexibility to spend 36 hours without a flotation de- Dan Waldo, Kingston water, (pop. 180), States and local communities, but we vice, he described the survival tech- manager. are going to then be able to target life- nique utilized by this tough marine of Todd Zimmermann, Avondale Irrigation threatening contaminants such as utilizing the clothing and tying knots District, (pop. 1,700), manager. cryptosporidium and go after those in both the sleeves of the uniform jack- Joe Podrabsky, City of Lewiston, (pop. et, as well as the pants, and creating 5,500), water operator. contaminants instead of contaminants Ken Rawson, City of Lewiston, (pop. 5,500), that pose absolutely no health risk and an air chamber. I think this, again, water operator. yet require these communities to spend shows the quality of the people that we Mike Curtiss, City of Grangeville, (pop. their finite dollars on expensive mon- have, and this is a testament to a 3,300), water superintendent. itoring systems. If this is not in keep- young man’s determination to sur- John Shields, Kootenai county water dis- ing with what this Congress is trying vive—which he did, after 36 hours in I trict, (pop. 170), manager. to do, I do know what is. believe the Arabian Sea. Also, it dem- Dave Owsley, Dworshak N.F.H., engineer. So I am pleased that we do have S. onstrates the faith of a family that Ray Crawford, Winchester, (pop. 380), maintenance. 1316 before us. I am pleased that in the never gave up hope, and all in the Sil- Rodney Cook, Juliaetta, (pop. 480), mainte- Environment and Public Works Com- ver Valley were determined that they nance. mittee all 16 members of that commit- would receive that good news. Jack Fuest, Culdesac, (pop. 420), mainte- tee, bipartisan, support this legisla- Stanley Mayo told me moments ago nance. tion, as well as the fact the leadership that he went to bed last night with the Brian Ellison, Troy, (pop. 800), mainte- on both sides of the aisle, the majority prayer that in the morning he would nance. leader and the Democratic leader, sup- hear from his son, and that prayer was David C. Shears Sr., Cottonwood, (pop. 850), maintenance. ports this legislation. We are currently answered. So I know that all of us re- Dave Fuzzell, Cottonwood, (pop. 850), main- working with some Senators who have joice in what will be an outstanding re- tenance. proposals, amendments that they are union. Stan Mayo said that he cannot Robert Jones, Lewiston, (pop. 28,000), suggesting would improve this particu- remember when he ever had such news maintenance. lar legislation. We will work with that brought him such joy, except per- Renee McMillen, Lewiston, (pop. 28,000), them. I believe that we can resolve haps when it was the birth of Zachary. water operator. that. But again this is another signifi- So now to have the news that his son Bob Faling, Lewiston, (pop. 28,000), water maintenance. cant step forward in our role as part- will be returned is something we can Lonnie Woodbridge, Arco, (pop. 1,000), ners with State and local governments, all rejoice in. maintenance. working on behalf of the people of the Again, this is a testament to the Dale W. Anderson, Harwood, (pop. 80), United States of America. ability of our U.S. military personnel maintenance. With that, Mr. President, I suggest and their dedication to survival and Eugene J. Pfoff, Fort Hall (townsite), the absence of a quorum. carrying out their assignments. Again, maintenance). The PRESIDING OFFICER. The I think it is something that we need to Mr. KEMPTHORNE. I remember, Mr. clerk will call the roll. make note of. I say to the Mayo fam- President, on one occasion at a par- The assistant legislative clerk pro- ily, God bless all of them. ticular meeting somebody who was ceeded to call the roll. With that, I yield the floor. part of the Federal establishment say- Mr. KEMPTHORNE. Mr. President, I Mr. COHEN addressed the Chair. ing, ‘‘Well, if we do not have the Fed- ask unanimous consent that the order The PRESIDING OFFICER. The Sen- eral Government absolutely through for the quorum call be rescinded. ator from Maine. regulation watch out for everything The PRESIDING OFFICER (Mr. f dealing with safe drinking water, who INHOFE). Without objection, it is so or- A TRIBUTE TO OUR ARMED in the world will?’’ It is because of that dered. same Federal mentality—somehow Mr. KEMPTHORNE. Mr. President, I SERVICES somebody thinks only the Federal Gov- ask unanimous consent that I be al- Mr. COHEN. Mr. President, first let ernment can be the guardian of the lowed to proceed as in morning busi- me congratulate my colleague for his well-being of this country—I remind all ness. very poignant recitation of what took of us we are the United States. We are The PRESIDING OFFICER. Without place and join him in congratulating not the Federal Government of Amer- objection, it is so ordered. the men and women who serve in the ica. There are 50 sovereign States that f armed services for the kind of dedica- comprise this Union, and those Gov- tion and creativity and ingenuity that ernors and those legislators and, with- ONE MARINE’S WILL TO SURVIVE is involved in preparing themselves for in those States, those county commis- Mr. KEMPTHORNE. Mr. President, the ultimate conflict they must always sioners and those mayors, they care Lance Cpl. Zachary Mayo, from be prepared for. about their people. If you had a situa- Osburn, ID, population 2,000, is a ma- I think his recitation only adds tion in a community where there would rine aboard the U.S.S. America. In the greater credence and compliments the be an outbreak of water contamination early morning hours of November 25, leadership being shown in the armed that would be life threatening, those just a couple days ago, he was swept services and the kinds of people being S 17742 CONGRESSIONAL RECORD — SENATE November 29, 1995 recruited day in and day out. The state of affairs in this community, to considering other water sources, al- American people—not to mention this say the least. But it is a warning, per- though the implication for other users particular father—have a great deal to haps, to all of us that we cannot simply are going to be enormous if that com- be proud of. So I commend him for his engage in looking at the costs without pany left the town system. statement. taking into account what the major Finally, I would like to share just Mr. KEMPTHORNE. I thank the Sen- and central goal has to be: protecting one more example of the need to re- ator. the health and welfare of our people. form the Safe Drinking Water Act. f This bill would amend the Safe Among the many letters I have re- Drinking Water Act to increase the ceived from Mainers expressing con- SAFE DRINKING WATER ACT role of risk assessment and cost-benefit cerning about the law’s impact is a AMENDMENTS analysis in standard setting. It would very thoughtful letter from Mrs. Au- The Senate continued with the con- also provide waivers from various re- drey Stone of Bucksport. Mrs. Stone sideration of the bill. quirements for small drinking water wrote: Mr. COHEN. Mr. President, I want to systems, and would authorize a revolv- As I rely totally on my Social Security commend Senator KEMPTHORNE along ing loan fund to provide funding for check and therefore am restricted to a fixed with Senators CHAFEE, REID, and oth- drinking water infrastructure projects. income, as are many other residents in this ers, for their efforts to bring to the This legislation goes a long way toward community, you can readily see that the im- floor this important safe drinking providing flexibility for States and mu- pact of a water rate increase in excess of $200 water legislation, which I was pleased nicipalities to develop drinking water per year poses grave threats to my ability to maintain my residence. Additionally, those to cosponsor. The changes that would programs that make sense for particu- be made by this bill—reducing unneces- residents who have another source of water lar communities instead of the current supply may choose to shut off the water sary burdens and costs to communities one-size-fits-all approach. company at the street, returning to their and ratepayers while guaranteeing reli- One of the most critical aspects of own source of water and defeating the pur- able drinking water—have been sought this legislation is its recognition of the pose of this previously enumerated act. Fur- by cities and towns in my State for unique problems expensive Safe Drink- ther, this leaves less ratepayers to absorb many years now. ing Water Act requirements pose to the cost of the mandated improvements. The Safe Drinking Water Act is per- small communities. A recent CBO Mr. President, I strongly believe we ceived at the local level to be one of study found that the Safe Drinking have to preserve public confidence in the most expensive and onerous Fed- Water Act has resulted in fairly modest the safety of our drinking water, but eral environmental requirements that costs for a majority of the households current Federal laws seek to achieve we have. Reform of drinking water reg- in this country. Approximately 80 per- the goal of clean drinking water in a ulations has been a top priority of local cent of the households are expected to very expensive and sometimes very officials across the country as they ex- incur costs of $20 annually. However, wasteful manner. pressed increasing frustration with un- the CBO noted that ‘‘the household This bill will maintain a safe drink- funded Federal mandates. As a former served by small water systems are par- ing water supply and reduce unneces- mayor, I understand the difficulties ticularly likely to face high costs,’’ sary costs and burdens to communities local officials encounter when they are some well in excess of $100 per year. and utilities that provide the water. By faced with an enormous number of re- Additionally, that study found that reducing unnecessary costs and provid- quirements and little money to pay for costs to ratepayers tend to be higher ing additional Federal funding, com- them. for surface water systems than for munities will be better able to main- I was pleased to be an initial cospon- groundwater systems. tain reasonable rates and address other sor of the Unfunded Mandates Reform In Maine, the majority of households public works concerns and priorities Act of 1995 which was the first step get their water from municipal sys- such as law enforcement and edu- taken by Congress to reduce the im- tems, all but a handful of which serve cation. pact of unfunded mandates. That was fewer than 10,000 users, and most of Mr. President, there was a former enacted into law last March under the which serve less than 4,000 users. Maine city official from Lewiston, ME, who leadership of Senator KEMPTHORNE. It has a relatively high percentage of said, as a result of the costs of water is going to make it much more difficult water systems that rely on surface regulations to communities, ‘‘We will to enact new unfunded mandates. water as their source. Because this have the cleanest water in the State The second step toward reducing the water has historically been very clean, and the dumbest kids.’’ burden on communities is to directly few towns had filtration facilities. As a It was a provocative statement, but address the unfunded mandates that result, Maine water systems now have it certainly hit home because he indi- currently exist on the books. The bill spent over $150 million in the past few cated that he was faced with a Hob- before us today represents a very years to comply with the surface water son’s choice of either obeying Federal thoughtful and prudent approach to treatment rule, which has been par- environmental mandates or spending this critical second step. ticularly hard for these small commu- money on educating the community’s The purpose of the bill is to maintain nity systems. children. He could not do both. a safe drinking water supply while re- One example of this would be I think this legislation will help ducing the cost to communities and Southport, ME. It is an island town of solve that Hobson’s choice and allow ratepayers. We need to remind our- about 650 year-round residents, where some flexibility to small communities selves that while cutting costs is very the voters recently rejected—over- so they may meet the goal of protect- important, it is also critical that we do whelmingly, I should point out—a ing our people while not forcing them not lose sight of the fundamental goal $300,000 plan to bring the town into to cut education and other high-prior- of providing citizens with clean drink- compliance with the Safe Drinking ity items. ing water. People expect the water Water Act. The town’s 70-year-old sys- I urge my colleagues to support this coming out of the tap to be safe, and tem relies on surface water since there important legislation. I yield the floor. we must not do anything that would is little potable ground water on the is- Mr. BURNS. Mr. President, I rise jeopardize public health. land. Providing water that meets the today to support final passage of Sen- It is a sorry comment indeed that law’s standards would raise the annual ate bill 1316, the Safe Drinking Water you read in the local paper in this com- water rates for seasonal residents from Act Amendments of 1995. I am proud to munity that people need to boil their $136 to $306. be an original cosponsor of this impor- drinking water. Here we are in the Na- In Searsport, ME, the water district tant bill. tion’s Capital where people have to be is currently proposing a 66-percent rate Montana is an extremely rural State. alerted that the water they are drink- increase due to the need to convert In fact, we don’t have a drinking water ing is not safe, that it contains harm- from surface to ground water. As a re- system that serves more than 100,000 ful bacteria. Therefore, local residents sult, the water costs of one Searsport people. Most of our water systems are told to be sure to boil their water. company would increase by $48,000 a don’t serve more than 10,000 people. That does not say very much for the year. The company, understandably, is Meeting the requirements under the November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17743 existing water laws has been difficult, REID for their excellent work in to use this authority. No court may at best, for many of these commu- crafting a bipartisan bill. compel the Administrator to use this nities. This bipartisan effort is particularly authority. Second, the Administrator The bill we are considering today is a important because environmental is- cannot use this discretion when the step in the right direction. It will give sues have been marked by such sharp benefits justify the costs for large sys- relief to communities and improve pub- and bitter controversy this Congress. tems and variances from the standards lic health regulations by reducing bur- Twenty-five years of bipartisan support are available for small systems. Third, densome and unnecessary regulations. for strong environmental protection the Administrator cannot use this au- Over the next 8 years, this bill au- have been placed in jeopardy. I hope thority to make any existing standard thorizes $1 billion annually in Federal that this bill will serve as a model for less stringent. In other words, there grants. These grants go directly to the getting us back on track. The bill can be no rollback of human health States where loans or grants can be makes reasonable changes to the Safe protection. Fourth, the authority may made to local water systems. In addi- Drinking Water Act but does not roll not be used for rules relating to tion, this bill contains a provision back protection of human health. cryptosporidium and disinfectants or where a percentage of the funds can be The No. 1 responsibility Congress disinfectant byproducts. Fifth, there allocated for disadvantaged commu- has, and what people demand from us, must be a full consideration of nities. This bill also gives our Gov- is to protect the people we serve from nonquantifiable benefits in any analy- ernors the flexibility to transfer funds harm. That means guarding our na- sis of whether benefits justify costs. between the clean water and drinking tional security with a strong defense, Sixth, the health effects on sensitive water State revolving loan funds. and keeping our streets safe from subpopulations must be considered in The bill provides $15 million for tech- crime. But that also means protecting determining whether benefits justify nical assistance for small systems. people from drinking poisonous water, costs. Seventh, judicial review of the This is a $5 million increase over exist- breathing dangerous air, and from eat- Administrator’s determination of ing levels. The technical assistance ing contaminated food—in other words, whether benefits justify costs can only program often is the only contact sys- protecting people from harms from occur as part of the final rule and can tems have to meet the requirements which they cannot protect themselves. only be considered by the court under under the Safe Drinking Water Act. In We can and should reform our laws to the arbitrary and capricious standard. addition, S. 1316 allows the technical make them more cost-effective and to Some concern has been expressed in assistance funding to be used for the eliminate unnecessary requirements. the Litchfield County area of my State rural water wellhead-groundwater pro- But we should not waiver from our re- regarding levels of radon found in their tection program. This has been one of sponsibility to protect people. drinking water, and the environmental the most successful programs in rural One of the major reasons that the community has raised concerns that communities. And prevention is less current Safe Drinking Water Act needs the radon standard in the bill is not expensive than remediation. adjustment is that many drinking strong enough. Unfortunately, since Included in the current law, is a man- water systems—mostly smaller sys- 1992, Congress as part of the appropria- date to promulgate standards for 25 ad- tems—have difficulty complying with tions process has prevented EPA from ditional contaminants every 3 years. S. the law because of lack of funding and issuing a radon standard. The EPA 1316 repeals this mandate and sets a expertise. These systems also often spending bill this year, which I op- new mechanism to identify contami- lack trained operators. The legislation posed, again included this restriction. nants for future regulations. addresses these issues by authorizing a Those who have led this effort cite the The most expensive part of running a State revolving fund of $1 billion per fact that the EPA Science Advisory water system is the monitoring which year through 2003 to upgrade facilities Board, in a report to Congress, raised must occur. S. 1316 moves the decision to enable systems to come into compli- serious concerns about EPA’s approach to the States regarding monitoring. ance with the current standards, and to regulating radon. This will allow local conditions to be by requiring that States receiving SRF This bill moves the process forward considered. Systems serving up to money must have a system of operator by establishing for the first time a Fed- 10,000 people can skip repeat testing for certification and a training program. eral standard for radon at a level which many contaminants that do not pose The issue of the use of cost-benefit the managers of the bill indicate finds health risks if the first sample in a analysis in setting standards for pro- support in the EPA Science Advisory quarterly series does not detect the tecting human health and the environ- Board report. Importantly, however, contaminant. This could reduce the ment has been extremely controversial the bill contains a specific provision al- monitoring by 75 percent in some com- this Congress, particularly in the con- lowing the EPA Administrator to set a munities. text of regulatory reform legislation. more stringent level for radon if cer- Most importantly, this bill contains This bill demonstrates that the most tain conditions are met; in addition, no new Federal mandates. S. 1316 does effective way for Congress to consider States have the authority to set more not contain any new Federal regu- the use of cost-benefit analysis is in stringent standards. I am confident latory program. Montanans want the the context of individual statutes. In that the EPA Administrator will take Federal Government out of their lives, the abstract, in the context of a broad this authority very seriously, and I in- and this bill not only does not add new regulatory reform bill covering every tend to follow up with the Agency on regulations, it streamlines the require- health, safety, and environmental law, its use of this authority. ments contained in the current bill. cost-benefit analysis becomes highly Finally, the provisions relating to There is no constituency for dirty contentious because we simply don’t source-water protection are, in my water. However, the problem with the know the impact on all the laws we are view, not strong enough. As we have existing law is it is based on fines and affecting. But this legislation dem- found in Connecticut, protecting the penalties. The bill we will pass today onstrates that we can clearly reach sources of drinking water makes good takes us away from that mentality. It agreement when we look at individual common sense—it’s pollution preven- gives the States and communities the statutes. tion that will save water systems and tools to provide folks with safe water. This legislation allows the EPA Ad- communities money. I hope these pro- It is a bill based on providing commu- ministrator discretion to utilize cost- visions can be strengthened in the nities with assistance, not penalties. benefit analysis to move away from House and conference. I am pleased to be an original cospon- technology-based standards in those Again, my congratulations to the sor of this bill and I look forward to it circumstances where benefits do not managers. being enacted into law. justify costs. But there are logical lim- Mr. BOND. Mr. President, today the Mr. LIEBERMAN. Mr. President, I its restrictions on this authority that Senate has the opportunity to dem- am pleased to rise in support of the make sense in the context of the Safe onstrate that the Federal Government Safe Drinking Water Amendments Act Drinking Water Act. These restrictions is responsive to needs of the States and of 1995. I want to commend Senators include the following. First, the discre- localities as they seek to provide qual- CHAFEE, KEMPTHORNE, BAUCUS, and tion is solely with the Administrator ity drinking water to their citizens. It S 17744 CONGRESSIONAL RECORD — SENATE November 29, 1995 is imperative that Congress move for- ough as desired. Document drafting and changes are made. However, I do have ward on a Safe Drinking Water Act management review had to occur simulta- some concerns with the legislation and [SDWA] that revises the standard set- neously and documents have needed to be re- this is why I have not cosponsored the written and rereviewed. Short review periods ting process that bases drinking water have resulted in oversights and the need to bill. standards on an analysis of costs and publish correction notices. Regulations cov- I believe we need to do more to en- public health benefits, eliminates un- ering multiple contaminants have often been sure that those responsible for provid- necessary monitoring requirements, lengthy and complex. Thus, the public had ing safe drinking water can adequately and has regulations based on the occur- difficulty providing thoughtful comments pursue the activities deemed most im- rence of a given contaminant and exist- and the Agency had limited resources for portant in protecting public health ence of public health risks instead of gathering and analyzing additional data in with the resources available. We need an arbitrary and escalating schedule of response to comments. In some cases, unre- to continue to address seriously the is- alistic deadlines have contributed to the contaminants. Agency’s difficulty in addressing the unique sues of risk assessment and cost-bene- Congress passed the Safe Drinking technical and economic capacity problems of fit analysis. Water Act in 1974 following public con- very small systems. According to the National Academy cern over findings of harmful chemi- The current drinking water law, in of Public Administration, the NAPA cals in drinking water supplies. The in- other words, has played a large role in report: tentions were admirable, but today’s creating the information vacuum that The tools of risk analysis and economic SDWA is a law that is too rigid and now exists on the regulation of analysis help clarify regulatory and priority- setting issues confronting EPA and Con- fails to prioritize risks. The current cryptosporidium for instance. law operates under the notion that gress. The discipline of analyzing risks, One reason it has taken EPA so long costs, and benefits encourages a degree of EPA bureaucrats are better able than to focus on cryptosporidium is the cur- consistency in approach to understanding local public health officials to deter- rent law. Its rigidity and lack of flexi- problems and defining solutions. The tools mine the public health needs of a local bility have created a situation where can and do provide information that is im- community. Because of this, contami- even EPA’s resources have gone to portant for decisionmakers to consider. nants like cryptosporidium that ought complying with a requirement to regu- Shelving any of these tools, as some advo- to be regulated go unregulated because late an arbitrary list of 83 contami- cate, would be foolish and counter- water operators are too busy expending nants, most of which according to EPA productive, an invitation to muddle through rather than to learn and think. limited resources on testing for so occur in drinking water seldom and many random and sometimes obscure rarely at levels of public health con- By setting risk based priorities we substances. In addition, the law fails to cern, rather than concentrating efforts have the best opportunity to allocate, acknowledge that today’s drinking on priority contaminants. Even more in the most cost-effective manner, the water systems are capable of effi- wasteful is the significant amount of resources of the Government and pri- ciently delivering 40 million gallons of funds being spent by local communities vate sector in protecting the public safe water to American homes every monitoring for contaminants that do from contaminants in drinking water. day. not occur in their particular source of We need to do all we can to provide The current SDWA is also an excel- water. Hundreds of millions of dollars a greater protection to the public at less lent example of a statute where litle or year are spent on monitoring for the cost than the current system man- no science is required to regulate; contaminants regulated currently. dates. there is no flexibility to set priorities If we are not looking at what is oc- Once again, the NAPA report urges based on risk to public health until 83 curring in the drinking water supply that: contaminants are regulated. and we are not required to have ade- Congress should ask the agency to explain The 1986 amendments to the Safe quate or even good science to regulate, its significant regulatory decisions in terms Drinking Water Act required EPA to of reductions in risk, and in terms of other it is not surprising that we wind up benefits and costs. The agency should sup- regulate a specific list of 83 contami- regulating contaminants that may not port state and local efforts to engage the nants, allowing the Agency seven sub- be of the highest concern—and those public in comparing environmental risks, re- stitutions. Regardless of the health priority contaminants, such as port periodically to Congress on a national risk associated with each of the con- cryptosporidium, go unregulated. ranking of risks and risk-reduction opportu- taminants listed in the statute, EPA Local water suppliers, however, have nities, and use comparative risk analysis to was told to regulate 9 contaminants 1 recognized the need to move ahead help set program and budget priorities. year after enactment of the statute; 40 without EPA regulations and have led One of the reasons that I stress the contaminants within 2 years of enact- the effort to develop a voluntary part- issues of risk assessment and cost ben- ment; and the remainder 1 year later. nership with the States and EPA to en- efit as they relate to budget priorities Once EPA completes the list of 83, the hance existing treatment processes to is because that is the only way we are statute goes on to require EPA to fi- help safeguard drinking water from going to get the ‘‘biggest bang for the nalize regulations for 25 new contami- cryptosporidium in advance of the buck.’’ My colleagues on the commit- nants every 3 years regardless of knowledge needed to develop an appro- tee have already heard my concerns re- whether the contaminants occur in priate national regulation. garding the authorization for appro- drinking water, or whether they are of It is past time that the Federal Gov- priations in this bill. I was hoping that public health concern. ernment get in step and develop re- my concerns were going to be ad- Nowhere in the statute does it say forms that allow for prioritization of dressed, but I understand my col- that the Agency should have good standards based on risk to the human leagues on the other side of the aisle science, or peer-reviewed science or population. have objected. Therefore, I am com- that if there are contaminants in It is past time to bring common pelled to share with everyone, once drinking water supplies of greater sense to both laws and regulations. again, my views regarding this issue. health concern than those on the list, I commend Senators KEMPTHORNE, Every single one of us, Republican or that EPA should regulate them first. REID, CHAFEE, and BAUCUS for working Democrat, has a responsibility to bal- EPA acknowledges that they have diligently to get this broad, bipartisan ance the budget. We have seen over the found it impossible to keep up with the supported legislation to the floor. I will last several weeks that our views statute’s requirements and recognizes support this legislation because it goes might not be identical on how to that the requirement has resulted in a long way in improving the current achieve this objective, but the objec- some pretty poorly drafted rules. In law. It eliminates the arbitrary sched- tive is the same—a balanced budget. fact, in EPA’s 1993 report to Congress, ule of contaminants, provides much- As authorizers, not just on this com- the Agency was quite frank about the needed assistance to small systems, re- mittee, but all committees, we must statute’s required deadlines and the quires good, peer-reviewed science, start to be more realistic in our fund- quality of the data used. The Agency changes standard setting requirements, ing expectations. Do not get me wrong, said in its report: implements voluntary sourcewater pro- I know that as an authorizer I would To meet these deadlines, data collection tection initiatives, and many more probably authorize more than I know and analysis have not always been as thor- things. It is imperative that these would be appropriated—so as not to tie November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17745 the hands of the appropriators and just discuss the approaching reauthoriza- manent fix could take months. Engi- in case the slim chance would exist tion of the Safe Drinking Water Act. I neering studies are already underway. that full funding could be achieved. have also received hundreds of letters This shows us once again the impor- However, authorized pie-in-the-sky in the last year from system operators tance of our precious water resources. numbers have contributed to our budg- and local officials. These are truly It shows us the importance of provid- et problems and in my opinion, when committed public servants who care ing our local officials with the re- we know from the beginning that the deeply about the health of those in sources they need to respond to unpre- proposed authorization for appropria- their communities. Their input has dictable challenges. These officials tion is not possible we are being unfair greatly assisted me in navigating must have the flexibility and the re- to all our constituents. through this debate. sources to carry out their responsibil- Reality is that discretionary spend- Mr. President, I believe water is our ities. ing is declining. The EPA budget was most vital resource. Water provides The legislation before us today meets reduced this year. We have no choice much of the clean electric power pro- that and many other goals. It is a sig- but to try to do more with less. We duced in the Northwest. Water is vital nificant accomplishment and I am must prioritize. As chairman of the rel- to Oregon’s strong agricultural produc- proud to cosponsor it. Let me take a evant appropriations committee I tion. And where would our fisheries moment to review the concerns I have would love to appropriate what every- and forestry industries be without heard from hundreds of Oregon commu- one wants—point me to the money ma- water? None of these is of more inti- nities and take note of how these con- chine. mate importance to each of us than the cerns have been addressed in the legis- Since the funding does not exist— water we consume. Our bodies cannot lation before us. how can we continue to mislead and live without water. As my colleagues recall, last year, give the impression that things are Many inside the beltway call Oregon many months of effort were put toward possible when they are not. Unfortu- the land of liquid sunshine. They say crafting a bipartisan Safe Drinking nately, there is a wide gap between the we do not tan, we rust. Well, we know Water Act reauthorization bill. I was wish list in this bill and available re- that is not always true. We have re- proud to work closely with Senator sources. cently experienced the difficulties of a KERREY in an attempt to bridge the Once again, I was hoping that this 6-year drought, which taught us that partisan differences that had emerged concern would be addressed, and am water should never be taken for grant- on the issue. The final product passed disappointed that it was not. I guess I ed. this body with overwhelming biparti- will follow the direction that the dis- Today Oregonians are confronting san support. Efforts to bring the bill to tinguished committee chairman, Sen- the damage that can come about due to a conclusion late in the session were ator CHAFEE, provided during markup. too much rain. Heavy rains have hit The decisions will have to be made not successful. I am pleased that many the Pacific Northwest in the past sev- solely in appropriations. of the provisions in the bill before us I also need to address one final con- eral days causing significant problems, today clearly emanate from last year’s cern in relation to the proposed dis- particularly in Yamhill and Tillamook bill. infection-disinfection byproducts rule. Counties. Our Governor has declared a SELECTION OF NEW CONTAMINANTS The provision in the bill, in my opin- state of emergency in these counties. One of the most frequently cited ion, greatly discourages the use of I ask unanimous consent that an ar- problems with the current law is that chlorine in water treatment despite the ticle from today’s Oregonian newspaper in the 1986 reauthorization, Congress many health benefits chlorine provides. be printed in the RECORD at the conclu- required EPA to regulate 25 new con- The language exempts this rule from sion of my remarks. taminants every 3 years, whether they cost-benefit analysis, sound science The PRESIDING OFFICER. Without need to or not. The bill before us elimi- and comparative risk assessment. Con- objection, it is so ordered. nates this requirement and replaces it (See exhibit 1.) sidering the proposed cost of this rule, with a requirement that EPA take ac- Mr. HATFIELD. The heavy rains I am concerned that this will be an un- tion with respect to at least five con- have resulted in a landslide in Port- funded mandate to the States and lo- taminants every 5 years beginning in land’s renown Bull Run watershed, calities. 2001. This change will provide tremen- which has provided pure drinking Once again, I thank Chairman dous regulatory relief to EPA, States water from the Portland area for gen- CHAFEE, Senator BAUCUS, Senator and water systems. erations. The slide severely damaged a KEMPTHORNE, and Senator REID for RISK ASSESSMENT their leadership and diligence on this bridge crossing which carries two of the three conduits which bring drink- Citizens of Oregon want to know that issue. I learned long ago that you do the contaminants EPA decides to regu- not always get what you want. Maybe ing water from the Bull Run watershed to Portland. No water is flowing late actually pose a health risk. They next time. feel that the process of regulation is Mr. HATFIELD. Mr. President, the through the two damaged pipes. The too often divorced from sound sci- bill now before the Senate represents third pipe is underground and is still in entific evidence of risk from a con- the best of this body. This legislation operation. The two dams in the water- taminant. has been a long time in the works, and shed are undamaged. This legislation requires EPA to use the final product shows the high level City officials have two main con- good science and assess the risk of con- of commitment to this important area cerns: public health and adequate sup- taminants before proceeding with regu- of policy. ply. The Portland Water Bureau is There are few things that touch more closely monitoring both contamination lation. The bill gives EPA authority to aspects of life in Oregon than water. levels and turbidity. At this stage, no regulate contaminants based on their From electricity, to fishing, forestry, public health problems have arisen. actual occurrence in drinking water and agriculture, no issue is more The second issue is adequate supply. and the real risks they pose. This will central to Oregon. And of course, the The city’s daily water usage this time help EPA pursue regulations of the women, men, and children of my State, of year is 90 million gallons per day. substances in drinking water that pose like all others, depend on a clean, The one remaining conduit from Bull the greatest threat to human health. healthy supply of water to drink. Run has a capacity of 75 million gal- COST-BENEFIT ANALYSIS I have always supported the Safe lons per day. Any additional supply up Nearly everyone I have spoken to in Drinking Water Act. I voted for the to the 90 million gallons per day will Oregon is concerned that EPA sets original provision in 1974 and for the come from the city’s existing well standards for contaminants at a level 1986 amendments. I am proud to be an fields in northeastern Portland near that is unrelated to the level of health original cosponsor of the legislation in- the Columbia River. In addition, over protection secured for the cost. Small troduced by a bipartisan group led by 270 million gallons is currently stored systems need consideration of risk Senator KEMPTHORNE. in reservoirs throughout the city. even more than larger ones. The bill In 1993, I met with over 150 represent- Temporary repair of the two conduits before us allows the Administrator the atives of water systems in Oregon to from Bull Run could take weeks. A per- flexibility to set standards at levels S 17746 CONGRESSIONAL RECORD — SENATE November 29, 1995 other than those technically feasible EXHIBIT 1 rain and warm temperatures to the state. and affordable to large systems, when [From the Oregonian, Nov. 29, 1995] It’s part of a pattern of storms that rake the region during November and December. it makes sense to do so in light of the WHEN IT RAINS, IT POURS risk reductions to be achieved and the Oregon is on the edge between warm, tropi- (By Stuart Tomlinson, David R. Anderson, cal air to the south and colder air to the compliance costs. and Pat Forgey) north. This is a critical element of reau- Oregonians paused to assess and clean up ‘‘Where the two air masses come together, thorization because it will create a the damage caused by heavy rain Monday there is often a violent meeting on the tighter and more explicit relationship and Tuesday and braced for another, strong- boundary,’’ said state climatologist George er storm expected to hit Wednesday. Taylor. ‘‘The atmosphere is trying to reach between regulations, health protection, Gov. John Kitzhaber declared a state of equilibrium.’’ and the compliance costs. I strongly emergency Tuesday in Tillamook and So were Tillamook County residents. commend Senators KEMPTHORNE, Yamhill counties because of landslides, Crews worked all Tuesday to reach people CHAFEE and BAUCUS for helping solve flooding and road washouts. trapped in their homes by mudslides, mostly this thorny issue. ‘‘It’s a mess,’’ Tillamook County Commis- on the Trask and Kilchis River roads. sioner Jerry Dove said after a helicopter By late Tuesday, about 50 homes, with as MONITORING BURDEN tour Tuesday. ‘‘I have never seen anything so many as 200 residents, on Trask River Road Oregonians have complained that devastating.’’ still were cut off by 15 to 18 landslides. Some Heavy rain falling on ground saturated routes were cleared only to be closed again they monitor for contaminants that during one of the wettest Novembers on by slides or flooding. have never been in their water. By ig- record sent several coastal rivers over their Tillamook County Sheriff Thomas Dye noring differences among geographic banks, trapping motorists, closing schools said a U.S. Coast Guard helicopter dropped a areas, we force local systems to devote and driving residents from their homes. paramedic in the area to check on a 3-year- resources to contaminants they do not By Tuesday afternoon, the rain slackened, old girl suffering from the flu. The girl have. This takes vital resources from which allowed the river levels to subside. checked out fine, and the paramedic left by real problems. This bill includes provi- But forecasters warned of heavier rains helicopter. Wednesday, accompanied by winds that sions similar to those added by Senator Jon Oshel, the county public works direc- could reach 75 mph on the coast. tor, said he hoped to have Trask River Road KERREY and myself to the 1994 Safe ‘‘The flood season has just begun,’’ said open by dark. Kilchis River Road presented a Drinking Water Act reauthorization Clint Stiger, a hydrologist for the National bigger problem, although only about 10 fami- bill that will allow State drinking Weather Service in Portland. ‘‘We’re very lies still were cut off. water programs to design monitoring concerned about the storm coming Wednes- ‘‘We lost a major piece of road there that’s programs that are appropriate to con- day because there is just not much more just flat gone into the river,’’ Oshel said. ditions faced by their State. moisture the soil can contain.’’ Tillamook County Commissioner Ken Bur- Flood alerts were posted Tuesday for rivers dick lives up Trask River Road, where he SMALL SYSTEM FLEXIBILITY throughout Western Washington, and Gov. saw what he called the worse devastation in Mike Lowry declared a state of emergency in 42 years. In Oregon, I learned that small sys- Clark County and 10 other Washington coun- ‘‘We sat there last night until 4 a.m., lis- tems are particularly hard hit by many ties late Tuesday. The declaration is retro- tening to canyons blow out,’’ he said. of the current Safe Drinking Water Act active to Nov. 7, when heavy rains began Burdick didn’t get out of his house until regulations because they do not have causing flood damage in Washington. late Tuesday, when county road crews work- the economies of scale of a large city. While flooding was reported on the ing their way up the Trask River reached The bill before us addresses this prob- Clackamas River, Johnson Creek and the him. lem in several ways. First, there is Tualatin and Salmon rivers outside Port- During a helicopter tour, Dove said every canyon they looked at east of Tillamook had monitoring relief for small systems. land, the northern Oregon coast was hardest hit. been hit with a gully-washer, blocking roads, Moreover, systems serving less than Kitzhaber’s emergency declaration will washing out culverts and carrying trees and 10,000 people are eligible for a stream- allow the Oregon Department of Transpor- stumps downriver. lined variance process and a small sys- tation to use highway safety money for Dove said he saw houses flooded and dairy tem technology program. A number of emergency road repairs. The declaration also farmers cut off from their cows. other flexibility provisions are in- means the governor can use the Oregon Na- The Wilson River Highway, the main road cluded in the bill for small systems. tional Guard to assist in flood cleanup or for between Tillamook and Portland, was closed security. between Tillamook and Glendale by land- SUFFICIENT RESOURCES More than 6 inches of rain fell in about 36 slides. The road wasn’t expected to be open hours at Lee’s Camp, a reporting station out- to through traffic until late Wednesday, traf- Oregonians have told me that the side Tillamook. A rain gauge at a Tillamook fic officials said. regulations governing drinking water city reservoir can measure a maximum of 7.5 Mike Fredericks, who lives along the Wil- are technical and expensive. In addi- inches, but it overflowed in less than 24 son River, was forced from his trailer by ris- tion, GAO reported last year that State hours Monday night and Tuesday morning. ing floodwaters. When he came back Tues- programs are underfunded. Snow that had fallen during the weekend day, he expected his trailer to be in melted under the onslaught of record warm Tillamook Bay. To begin to solve this problem, the temperatures. With 58 degrees, Portland When he left the night before, his trailer bill authorizes a $1 billion annual State broke a record for the date set in 1982, while was an island buffeted by what used to be the revolving loan fund. The bill also au- Eugene had a record-tying 60 degrees. hillside across the Wilson River Highway. thorizes an additional $90 million for Portland is inching toward breaking the Because of a clear-cut last summer, he health effects research, a wise invest- all-time rain-fall record for November, which said, the culvert that drains the hill clogged ment for public health. was 11.57 inches in 1942. Monday night. By 10 p.m. Tuesday, rainfall at Portland The water had to go somewhere. When he CONCLUSION International Airport reached 10.28 inches. went next door to talk to his neighbor, a vet- Rain was the main problem Tuesday, but eran of six years on the river, Fredericks I strongly urge the Senate to support high winds could bring problems throughout found out where. this bill. These provisions strengthen the day Wednesday. ‘‘As soon as we turned our heads, down the Safe Drinking Water Act, not be- Forcasters issued high wind warnings for came the hill,’’ Fredericks said. ‘‘The creek cause they make the act more rigid the north and central Oregon coast through was hitting the trailer house and fanning and stringent, but rather because they Wednesday, with gusts up to 75 mph on ex- around each side.’’ will help us—in Congress, at EPA, in posed headlands and gusts to 40-plus mph in- Fredericks’ cat, Cubby, was washed away. the States and in every local water sys- land. His mailbox, telephone bill and all, ended up Heavy rain also hit Eastern Oregon. The about 50 yards from the house. tem—focus drinking water resources on National Weather Service issued small The trailer, which is about five miles east the most pressing problems and on the stream advisories for portions of Umatilla of Tillamook, survived the deluge and moved biggest threats to health. County. not an inch toward the Wilson River. If it Again, let me commend the managers Snow levels rose to about 8,000 feet by weren’t for the mess in his yard, Fredericks of this legislation for their fine efforts Tuesday, but they were expected to plummet would have felt fortunate. Thursday and Friday to about 4,000 feet, with The new stream cut a 10-foot-deep gully in bringing this matter to the floor in more snow forecast for the northern Oregon across the lawn, halfway between his trailer such a sound bipartisan manner. I look Cascades. home and recreational vehicle. Sheared logs, forward to casting my vote in favor of A storm containing moisture from nearly about a foot of mud and hundreds of basket- this legislation. 1,000 miles southwest of Hawaii brought the ball-size rocks littered his lawn. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17747 In Yamhill County, the Three Rivers High- Clark County The EPA estimates that it will cost way dropped about 4 feet at milepost 13.5. Salmon Creek: A handful of residents small communities $3 billion to comply The highway was reopened after emergency north of Vancouver evacuated their homes with current Federal drinking water repairs were completed. Tuesday when Salmon Creek overflowed, Although the rains were impressive, river regulations and another $20 billion to sending several feet of water into basements, repair and replace and expand their levels still were below historic flood levels. submerging lawns and uprooting trees. During a January 1990 flood, the Nehalem Homeowners and fire District 6 personnel current drinking water infrastructure River crested at 25 feet; Tuesday’s peak sandbagged six homes at 136th Way and and to meet future needs. It has been reached 16.2 feet. In January 1972, the Wilson Salmon Creek Avenue to stem the damage. estimated that 70 percent of the costs River crested at 16.9 feet; Tuesday’s peak Road Closures: Southeast Evergreen High- will be incurred by small communities reached 13.2 feet. way was closed at 190th Avenue by water 3- that account for 10 percent of the popu- Flooding caused the aptly named Roaring feet deep across the pavement. Water crested lation. These communities cannot af- River Bridge, at the confluence of the Roar- above the guardrail and closed Leadbetter ing and Clackamas rivers about 17 miles Road at 232nd Avenue north of Lacamas ford that kind of expense and I don’t southeast of Estacada, to sink two feet Tues- Lake. think a simple revolving loan fund will day morning. Eastern Oregon help enough. A large log, probably loosened from an em- The storm caused flooding and power fail- Neither the Federal Government nor bankment eroded by the floodwater, rammed ures across much of Eastern Oregon. Several the States have developed policies that and bent the bridge pilings, said Gary families on the Umatilla Indian Reservation will reduce costs through less expen- McNeel, an assistant district manage of the near Pendleton wee stranded when the sive technology or development of bet- Oregon Department of Transportation office. Umatilla river flooded rural roads. Eight The 45-year-old bridge serves about 1,100 veter financing and funding mechanisms. inches of snow fell on the Ladd Canyon hicles a day. This situation must be remedied. We In Clackamas County, firefighters and the mountain pass between Baker City and La need to make direct grants to small Grande, causing a massive tie-up. sheriff’s deputies evacuated residents of the communities along with a loan pro- Eagle Creek Mobile Home Park near storm- Mr. SIMPSON. Mr. President, the Safe Drinking Water Act is important gram and more importantly we need to swollen Eagle Creek for several hours early revise monitoring requirements and Tuesday. to every community in this country— Worst hit were Terry and Toni Hirbeck. large or small—rich or poor. This pub- change the ways standards are being Their doublewide at 30773 S.E. Creekside lic health statute ensures that our citi- set. Lane, about a mile upstream from the zens have clean water to drink when The bill we are considering is an im- Clackamas River, had water up to its they turn on the tap. But this law is provement in this regard, but I don’t subflooring and no yard at all. important for another reason as well— think it goes far enough. The environ- ‘‘I woke Terry up at 11 o’clock last night to mental groups have taken a paternalis- tell him the water was coming up,’’ said Toni it can be very costly for small rural communities that simply do not have tic approach to this issue and they Hirbeck, 33. ‘‘And from 11 o’clock to mid- don’t believe the States should be night, the water rose so much that stuff was the financial resources necessary to already floating.’’ comply with many of the stringent given flexibility in carrying out the By 2:30 a.m., firefighters from the Boring standards and monitoring require- act. This isn’t the classic case where it Fire Department had to rig a rope across the ments required by the act. All of us in is industry versus the greenies. This is lane as a lifeline so the lane could be forded Congress have been sensitized to the Governors, mayors, State legislators, more safely. issue of unfunded Federal mandates be- and water administrators saying ‘‘Con- WEATHER WOES cause of the regulatory excesses gress must do something radical to fix The coast brought out by the previous reauthor- this program or we are going to go Tillamook: High water and mudslides ization of the Safe Drinking Water Act. broke.’’ closed dozens of roads. Many residents were The Clinton administration makes I don’t think the committee bill goes stranded in homes and cars. The Wilson the claim that Republicans don’t care as far as I would have liked in directing River Highway, the main road between about the environment but that is pure EPA to consider cost and good science, Tillamook and Portland, was blocked by but I think the final version represents slides. School districts in north and central balderdash. We care about the environ- Tillamook County closed Tuesday, after offi- ment just as much and we are passing a genuine effort to improve current law cials decided it was to risky to send buses this legislation because we do care. We and it will cause EPA to take a more out. also care about real people—cities and realistic approach to the standard set- Multnomah County small towns—and that is why we are ting issue in the future. For this reason Bull Run: A mudslide smashed two of three putting some common sense back into I intend to vote for this bill and I trust conduits supplying Portland’s water from the law. the President will sign it when Con- the Bull Run watershed Tuesday, sharply re- The environmental groups may think gress sends it on to the White House. ducing the Portland area’s water delivery that unfunded mandates are part of Ms. SNOWE. Mr. President, Senator system. Officials planned to avert a water what they call an unholy trinity, but I COHEN and I would like to engage the shortage my drawing on reservoirs and turn- can tell you that to a Member of Con- Senator from Rhode Island and the ing on backup wells along the Columbia gress this issue is a very real concern. Senator from Idaho in a colloquy. River. When I travel around my State and Mr. CHAFEE. I would be pleased to Clackamas County stop in small towns I always hear com- participate in a colloquy with the Sen- Roaring River: Flooding caused Oregon plaints about the Clean Water Act and ators from Maine. 224’s Roaring River Bridge, over the Roaring the Safe Drinking Water Act and un- Mr. KEMPTHORNE. I would be happy River at the confluence with the Clackamas to engage the Senators from Maine in a River about 17 miles southeast of Estacada, funded mandates. to sink about the two feet Tuesday. A large The last time we reauthorized the colloquy as well. log rammed into and bent the pilings of the Safe Drinking Water Act we caused a Ms. SNOWE. As the Senators from 45-year-old bridge that serves about 1,100 ve- near crisis in small town America. Rhode Island and Idaho are aware, a hicles a day. Workers are expected to com- Thousands of small towns are finan- number of very small, economically plete a temporary plate-steel bridge in about cially unable to meet Federal drinking disadvantaged communities across the a week. water requirements and need help find- country are having serious difficulties Clackamas River: The river was above ing less expensive ways to make their trying to comply with the surface flood stage at several sites, but particularly water treatment rule. Compliance with threatening at Carver. Residents of a mobile water safe to drink. A recent GAO re- home park were bracing for possible evacu- port said that meeting Federal drink- this rule can be very expensive, some- ation. ing water standards is an acute prob- times requiring a disadvantaged com- Eagle Creek: Crews evacuated families lem for around 50,000 small commu- munity with less than 500 residents to from 12 homes about 1:30 a.m. Tuesday but nities that account for 90 percent of build a filtration plant costing over $1 allowed them to return later in the morning. the drinking water violations. We need million. Unfortunately, many of these Salmon river: In the Mount Hood area, a to find more cost-effective ways to pro- communities cannot afford to con- few families were driven from their homes Monday night. vide these small towns with safe drink- struct these expensive facilities with- Sanbag help: County officials recommend ing water or we are going to be wholly out substantial Federal assistance, and calling 655—8224 to get information about discredited in the eyes of the American that assistance has not been adequate sandbags and available help. public. to meet the demand. This predicament S 17748 CONGRESSIONAL RECORD — SENATE November 29, 1995 has caused a lot of frustration in cer- Ms. SNOWE. We thank the Senators nant and nursing mothers, despite the tain small towns, particularly since for clarifying this important matter. needs of these particularly sensitive the quality of their local water Mr. KEMPTHORNE. Mr. President, groups. In light of the essential nature sources, which are often located in iso- there is an issue on which I would like of, and the recommended dietary al- lated rural areas, can be quite high and to engage in a colloquy and get the lowances established for, zinc, is it the is not vulnerable to imminent degrada- support of the chairman of the sub- manager’s view that EPA should con- tion. committee. I understand that efforts to sider these factors when regulating ad- Mr. COHEN. I concur with Senator gain an accurate and valid determina- ditional trace elements such as zinc? SNOWE on this point. There are 19 tion of drinking water quality often Mr. KEMPTHORNE. I agree with the small, economically disadvantaged can be compromised by brief weather Senator from Tennessee that EPA towns in Maine currently under com- changes. Current regulations call for should take into account: First, the es- pliance order to install filtration sys- water quality compliance of a contami- sential nature of the zinc, and second, tems as required by the SWTR, and the nant to be based on the annual average the recommended dietary allowances deadlines for those orders will be expir- of four quarterly samples. But when for the element for infants, children ing over the next year. Without ade- quarterly samples are collected during and pregnant and nursing women, when quate Federal financial assistance, such brief periods, inaccurate and mis- deciding whether or not the essential these disadvantaged communities will leading impressions of the water’s an- trace element zinc should be regulated not be able to comply with the filtra- nual average quality can result. under the Safe Drinking Water Act. tion requirement. This situation is especially prevalent We understand that section 13(b) of Mr. CHAFEE. I agree with the state- with respect to determination of agri- ment of the Senator from Idaho. S. 1316 allows a State to exempt an eco- cultural and other non-point contami- SMALL PUBLIC WATER SYSTEMS TECHNOLOGY nomically disadvantaged public water nants. spring thunderstorms often fol- system serving a population of less CENTERS low farmland tillage operations and Mr. BYRD. Mr. President, the bill be- than 3,300 people from the require- necessary applications of fertilizers ments of a national primary drinking fore the Senate, S. 1316, the Safe and crop protection chemicals, and Drinking Water Act Amendments of water regulation as they relate to max- natural storm water runoff can briefly imum contaminant standards or treat- 1995, provides for the establishment of elevate concentrations of these con- a grant program, to be administered by ment techniques for a period of up to 3 taminants in water. A single spring years, as long as there is a reasonable the Environmental Protection Agency quarter sample taken immediately [EPA], that would fund not fewer than expectation that the system will re- after a major thunderstorm can put the ceive Federal financial assistance dur- five Small Public Water Systems Tech- water supplier out of compliance for ing the exemption period. In addition, nology Assistance Centers across the the entire year and result in expensive the bill would allow a State to renew United States. I commend the Commit- and unnecessary water treatment. tee on Environment and Public Works this exemption in 2-year increments up More frequent sampling would give a for the action it has taken in this re- to an additional 6 years. more accurate assessment of the long- Ms. SNOWE. We further understand gard. I would, however, ask for some term exposure to these seasonal con- that the authorities available under clarification of the criteria listed in taminants. Mr. Chairman, it is my im- section 13(b) apply to the surface water the new subsection (h). The criteria pression that the provisions for alter- treatment rule, as they do to other na- listed in the bill reference technical as- native monitoring programs authorized tional primary drinking water regula- sistance support activities that would in section 19 of the bill would authorize tions, and that section 13(b) would be provided by regional centers. My each State with primary enforcement therefore allow a State to provide an question to the managers of the bill is: exemption to a system serving an eco- responsibility to allow utilities to conduct time-weighted sampling during Would a national center engaged in nomically disadvantaged community the following activities meet the cri- in the predicament that we just de- the quarters of concern. To balance accuracy with economic considerations, teria listed for the proposed Small scribed, provided the system meets the Public Water Systems Technology Cen- terms and conditions set forth in the such alternative monitoring programs could allow utilities to composite ters? section. A clearinghouse service engaged in We would like to ask the chairman of monthly or more frequent samples for a single quarterly analysis for those both the collection and distribution, at the Environmental and Public Works no or low cost, of technical literature Committee, Senator CHAFEE, and the contaminants which are known to be stable in storage. and other educational resource mate- chief sponsor of S. 1316, Senator rials, including government docu- KEMPTHORNE, if our understanding of Is this the understanding of the chairman of this committee? ments, research papers, video tapes, this provision is correct. brochures, and diagrams; Mr. CHAFEE. The Maine Senators’ Mr. CHAFEE. If the Senator will A toll-free telephone assistance and understanding of section 13(b) is cor- yield, Mr. President, that is correct. referral service providing access to en- rect. This section does apply to the Mr. KEMPTHORNE. I thank the surface water treatment rule as well as chairman of the committee for his sup- gineers and other specialists; other Federal drinking water regula- port and clarification of this section. A quarterly newsletter service, pub- tions. I very much recognize the prob- REGULATION OF ZINC lished at no cost to subscribers, that lems that small disadvantaged towns Mr. THOMPSON. I would like to en- addresses such topics as the health ef- are facing in complying with some of gage the majority managers of the bill fects of contaminated waters, small the expensive requirements of the act, in a brief colloquy concerning the regu- community assistance providers, small and we hope that section 13(b) and lation of zinc—an essential trace ele- water system regulatory issues, and other sections of S. 1316 will address ment—under the Safe Drinking Water water system operation maintenance; these problems. Act. As they are undoubtedly aware, and Mr. KEMPTHORNE. I concur with there are a number of studies showing A toll-free electronic bulletin board Senator CHAFEE that the Maine Sen- that children, particularly poor chil- service that enables users to post ques- ators’ understanding of section 13(b) is dren, are seriously deficient in their in- tions and have those questions an- correct. The surface water treatment take of zinc. Drinking water is one im- swered, as well as to read and comment rule is covered under this section. One portant source of zinc for those chil- on water-related topics. of my major interests in drafting S. dren. In reading the bill and the commit- 1316 was to find ways to ease the com- The managers are surely also aware tee’s report, I would presume that a na- pliance burden of the act on small, dis- that the Environmental Protection tional center that provides such serv- advantaged communities while main- Agency has established at least one ref- ices would be eligible to receive fund- taining public health protections. Sec- erence dose—or safe exposure level— ing under the grant program estab- tion 13(b) is one of the provisions in the that allows for less than the rec- lished in the bill. I would simply ask bill that will help us achieve this im- ommended dietary allowance for zinc the manager of the bill if this is cor- portant goal. for infants, children and possibly preg- rect. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17749 Mr. CHAFEE. The Senator is correct. accumulate in bodies of water and are mimicking or blocking the action of Let me add that the concept of provid- pervasive in the Great Lakes System. the hormone estrogen to a host of de- ing grants to regional centers that the The testing program sponsored by this velopmental and reproductive abnor- Senator refers to is primarily intended provision will incorporate quality malities in wildlife and humans. The to ensure that such centers are distrib- science and peer-review to allow the most alarming findings suggest a link uted throughout our Nation. It is not Administrator of EPA to identify such between exposure to these chemicals intended to limit the scope of assist- substances and take effective action to and the dramatic increase in human ance these centers can provide. prevent human exposure. breast cancer that has become so trag- Mr. KEMPTHORNE. I would also add Unfortunately, despite Senator ically apparent in our Nation over the that the regional technology assistance CHAFEE’S valiant efforts today, it has past several decades. centers are intended to be sited in become necessary to eliminate section In 1960, the chances of a woman de- areas that are representative of their 28 of the bill which, was reported veloping breast cancer were 1 in 14. region in regards to the water supply unanimously out of committee. This Today, they are one in eight. This year needs of small rural communities. In section would have required the EPA alone, breast cancer will strike an esti- this respect, these centers are supposed Administrator to compare and rank mated 182,000 American women, and to have expertise in the particular various sources of pollution with re- will take the lives of over 46,000. It has water supply problems associated with spect to their relative degree of risk to become the most common female can- that region. human health and the environment, cer and the leading cause of death Mr. BAUCUS. The Senator from West and evaluate the costs and benefits of among American women between the Virginia is correct, however, in point- existing regulations. I believe this ages of 35 and 54. ing out that the information these cen- analysis, which would have been in- For years, researchers have under- ters provide can also be national in cluded in a peer-reviewed report to the stood that breast cancer is influenced scope. The access to this information, Congress, would have provided us with by how much estrogen a woman pro- therefore, should not be limited to any information critical to enhancing the duces. If you take the existing known particular State or region. In providing effectiveness of the Nation’s environ- risk factors—including early puberty, assistance on a national basis, these mental programs. late menopause, delayed childbearing, centers should coordinate their activi- I would point out that the require- or having no children at all—they have ties to minimize any duplication of ef- ment to conduct cost-benefit analyses one thing in common: they all contrib- fort and to maximize the utility of the and to evaluate the effectiveness of en- ute to a high lifetime exposure to es- information provided. vironmental legislation was first incor- trogen. There is clear evidence that the Mr. BYRD. I thank the managers of porated in the Clean Air Act amend- more estrogen a woman is exposed to the bill for providing this clarification. ments of 1990. I felt it was very impor- in her lifetime, the higher her risk of Mr. MOYNIHAN. Mr. President, I am tant when passing the acid rain provi- developing breast cancer. pleased to join with my colleagues in sions of the Clean Air Act to evaluate Recently, scientists have been taking support of the Safe Drinking Water their effectiveness, and requirements a close look at the relation between so- Act. This bill represents a bipartisan to conduct such an evaluation were in- called xeno-estrogens and increased effort which couples protection of pub- corporated in that law. lic health and welfare with the flexibil- In any case, because of the impor- breast cancer risk. It is theorized that ity necessary for cost-effective imple- tance of safe drinking water legisla- these estrogenic materials—which in- mentation. tion, I urge my colleagues to join me in clude pesticides and other chemicals The bill contains a number of provi- support of the Safe Drinking Water capable of affecting the internal pro- sions that are of particular interest to Act. I extend my sincere gratitude to duction of the hormone estrogen—may hold the key to explaining some of the New York State. The components of Senator CHAFEE for his support of fu- the bill which provide for watershed ture consideration of the issue by the 70 percent of all breast cancer cases not protection directly impact the 9 mil- Environment and Public Works com- associated with any of the existing lion residents of New York City who mittee. I intend to work with him and known risk factors. rely on the Croton, Catskill, and Dela- other interested Members to secure The research is compelling. ware watersheds to provide approxi- passage of a bill authorizing these im- Perhaps the most startling findings mately 1.4 billion gallons of water each portant studies. I have introduced leg- are those of Dr. Mary Wolff of Mt. day. The State of New York recently islation to achieve this end in the past Sinai Medical Center, whose research announced the establishment of a part- three Congresses, and I look forward to involved the estrogenic chemicals PCB nership between New York City and the upcoming hearings on the measure. and DDE, which is a breakdown prod- the communities located within the ESTROGENIC SCREENING PROGRAM uct of the pesticide DDT. Dr. Wolff watershed region. This agreement will Mr. D’AMATO. Mr. President, I want tested the blood of 58 women with effectively limit contamination of the to commend and thank the managers breast cancer and compared it to that water supply, preventing the need for a of this bill for including in the man- of 171 women who were cancer-free, multibillion-dollar water filtration fa- ager’s amendment package our amend- taking pains to ensure that the women cility. The bill would authorize up to ment establishing an estrogenic chemi- were identical when it came to age, $15 million per year for 7 years to help cals screening program at EPA. This childbearing history, and every other fund the implementation and assess- amendment is identical to an amend- characteristic known to influence ment of demonstration projects as part ment that was adopted unanimously by breast cancer risk. She found that the of the New York City Water Protection the Senate when offered by my senior women who had developed breast can- Program. Thus, the bill supports New colleague from New York and myself cer had PCB levels in their blood that York State’s efforts to achieve pru- during consideration of the Safe Drink- were 15 percent higher than the cancer- dent, cost-effective protection of the ing Water Act in the 103d Congress. free women, and DDE levels that were quality of New York City’s drinking The amendment requires EPA to 35 percent higher. She also discovered water. gather information that may prove es- that as the level of DDE increased, so A second provision will provide long- sential in the war against breast candid the risk of developing breast can- term benefits for the Great Lakes re- cer. Specifically, this amendment will cer—to the extent that the women with gion by establishing a program to test require the EPA to develop and imple- the highest DDE levels were four times chemical pollutants believed to cause ment a testing program to identify pes- as likely to get breast cancer as those so-called estrogenic effects in human ticides and other chemicals that can with the lowest levels. populations. These effects may result cause estrogenic and other biological A subsequent study by Canadian re- in a variety of cancers—especially effects in humans, and to report their searchers, published on February 2, breast cancer—in addition to affecting findings to Congress within 4 years. 1994, in the Journal of the National the human reproductive system ad- This amendment is critical in view of Cancer Institute, found a further link versely. Pollutants which may be asso- growing evidence linking environ- between DDE levels in breast tissue ciated with these effects are known to mental chemicals that are capable of and the development of breast cancer. S 17750 CONGRESSIONAL RECORD — SENATE November 29, 1995 In this case, higher DDE levels were as- McLachlan of the National Institute of some are concerned that the amend- sociated with a higher risk for a par- Environmental Health Sciences. ment is too limited because it focuses ticular-type of breast cancer which Because these tests are simple, inex- on human breast cancer. Does the feeds on estrogen—a type of breast can- pensive and quick, they are well suited amendment take a position on this cer which, according to researchers, for the kind of large-scale screening issue? has made up a larger and larger portion needed to identify potentially hazard- Mr. D’AMATO. I recognize the con- of the increase in breast cancer in re- ous estrogenic compounds. Since repro- cern that environmental estrogens and cent years. In the words of the study’s duction requires complex interactions other hormone mimics may cause sig- authors, ‘‘this study supports the hy- between hormones and cells in the in- nificant effects on nonhuman species. pothesis that exposure to estrogenic tact body, the tests are not intended to However, the top priority of this organochlorine may affect the inci- replace existing animal testing models, amendment is to learn more about sub- dence of hormone-responsive breast but to complement them by quickly stances that may lead to breast and cancer.’’ flagging suspect compounds which can other related forms of cancer in hu- The women of Long Island, NY, have then be targeted for additional testing mans. It is silent about the possibility long suspected a connection between or public health approaches. that effects may occur in other species the region’s unusually high breast can- Given the availability of these new and leaves that judgment to the Ad- cer rates and the exceptional con- techniques, I was shocked when I ministrator. centrations of DDT and other poten- learned 2 years ago that EPA does not Mr. MOYNIHAN. I have heard con- tially estrogenic pesticides that were routinely screen pesticides for cerns raised about other endocrine and once applied in an effort to rid former estrogenicity. I raised this concern in immune system impairments too. Does potato fields of a parasite known as the testimony before a joint hearing of the discretion provided the Adminis- golden nematode. House Subcommittee on Health and trator under this amendment extend to Women who have grown up and the Environment and the Senate Com- health effects other than breast can- raised families in residential subdivi- mittee on Labor and Human Resources cer? sions that were built on top of these on September 21, 1993. In my testimony Mr. D’AMATO. Yes. For example, if abandoned potato fields have good rea- I called for a much more aggressive the Administrator so chose, she could sons to be suspicious. Not least of these EPA response to the evidence which include screening for male reproduc- is the recent finding that if you are a has been put forward linking estro- tive effects, effects to the immune sys- woman and you have lived in Nassau genic chemicals and breast cancer. tem, and so forth. Would the Senator address a question about the scope of County for more than 40 years, your The EPA has now become more inter- the amendment? risk of getting breast cancer is 72 per- ested in this area—for which I com- Mr. MOYNIHAN. Certainly. cent greater than a woman of the same mend and encourage them. But I would Mr. D’AMATO. When the results of age who has lived in the county for less like to encourage them further by re- the screening study become available, than 20 years. quiring them to undertake the kind of subsection g(6) directs the Adminis- The National Cancer Institute is now widespread screening program that our trator to ‘‘. . . take such action, in- in the process of further examining the Nation’s breast cancer epidemic de- cluding appropriate regulatory action connection between breast cancer and mands, utilizing appropriate, scientif- by rule or by order under statutory au- xeno-estrogens as part of a comprehen- ically validated testing techniques, thority available to the Administrator, sive study into the causes of Long Is- coupled with a research program to un- as is necessary to ensure the protection land’s high breast cancer rates. Their derstand the health risks associated of public health.’’ Is the intent that the findings—expected within the next sev- with exposure to xenoestrogens. Administrator regulate all substances eral years—will contribute greatly to This amendment would ensure that found positive in the study under the our knowledge base about this impor- such a program is underway within 1 amendment? tant issue. year, and would give the EPA Adminis- Mr. MOYNIHAN. No. The testing As we wait for the results of this and trator a deadline of 2 years to imple- called for in the amendment is a other studies, it is vital that we begin ment a peer-reviewed plan, with a re- screening study to identify active and to systematically identify those pes- port to Congress due in 4 years detail- inert pesticide ingredients that mimic ticides and other compounds present in ing the program’s findings and any rec- estrogens. It is a hazard identification the environment that possess estro- ommendations for further action the process designed to identify the mag- genic properties. We must do this so we administrator deems appropriate. nitude of the potential problem and to will be ready, should further research Mr. President, we simply cannot af- help set priorities for the future. As we confirm a clear link between these sub- ford to wait until we have a smoking learned from the experience with the stances and breast cancer, to take ap- gun before we act to identify those Ames test for carcinogens in the 1970’s propriate steps to protect the public. chemicals in the environment that are and 1980’s, hazard identification tests This amendment will give us some of estrogenic. Breast cancer is claiming do not provide enough information to the information needed to begin taking the lives of women in this country at a be the sole basis for regulatory action. these steps should they become nec- rate of one death every 11 minutes. It Having said that, let me quickly note essary. would be unconscionable not to arm that the Administrator may have addi- The amendment would require the ourselves with crucial knowledge about tional information about the exposure EPA to utilize appropriate, scientif- chemicals that may be contributing to levels, or about the relationship be- ically validated test systems as part of this scourge so that we can rapidly im- tween exposure and effect for certain of a screening program to identify pes- plement appropriate public health the substances to be tested such that ticides and other substances capable of measures when scientific research indi- she makes a risk management decision altering estrogenic activity in the cates they are warranted. that regulatory action is needed. If, as human body. Mr. President, this amendment will a result of such evaluations, the Ad- Several quick and inexpensive test ensure that we are armed with this ministrator finds a substance likely systems have been developed in recent crucial information, and I again thank has a potential adverse effect in hu- years which could potentially be uti- the managers for agreeing to accept mans she must take appropriate regu- lized in such a screening program. Ex- this amendment. latory action. The amendment gives amples include tests developed by Dr. PESTICIDE CHEMICAL SCREENING AMENDMENT her authority to do so through appro- Ana M. Soto of Tufts University School Mr. MOYNIHAN. Mr. President, priate regulatory action under the Fed- of Medicine in Boston and Dr. Leon would the Senator from New York eral Insecticide, Fungicide and Bradlow of the Strang-Cornell Cancer yield for some questions regarding this Rodenticide Act or the Toxic Sub- Research Laboratory in New York, as amendment? stances Control Act or under other au- well as a third test utilizing state-of- Mr. D’AMATO. Certainly. thority available to the Administrator. the-art biotechnology techniques de- Mr. MOYNIHAN. Given the concerns Mr. D’AMATO. What happens once scribed recently in Environmental that reproductive effects in wildlife the screening study called for in this Health Perspectives by Dr. John may be linked to endocrine disruption, amendment is completed? November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17751 Mr. MOYNIHAN. The screening study credible as it can be. This means that rectly affected by the quality of their will identify certain pesticide ingredi- the Administrator should work with drinking water. Perhaps in no other ents that mimic estrogens and perhaps expert scientists from government, area do we need to provide assurances other hormones. Consequently, people academia, industry, and the public of adequate protection to public health will be concerned, some very con- health sector to select criteria for what than in drinking water. This legisla- cerned, about their health. It is impor- constitutes a validated test, to select tion enhances important public health tant to be realistic, honest and respon- the set of validated tests to be used, priorities by using sound science and sible throughout the design and con- and to design the protocols for study. appropriate treatment and testing duct of this study so that we do not She may wish to engage organizations technologies. create undue apprehension, but it is such as the National Academy of As a cosponsor of the legislation, I also important to inform the public Sciences or other appropriate inde- would like to commend Senator and to take action where significant pendent scientific organizations for as- KEMPTHORNE and Senator CHAFEE for hazards are identified. sistance. what turned out to be a year-long de- Mr. D’AMATO. The Senator raises Similarly, when the study is com- bate over the specifics of this bill. It is, something that I feel very strongly pleted, the report to Congress required as others have pointed out, com- about. Frankly, I am extremely wor- under subsection g(7) should reflect promise legislation. I am disappointed ried about the health impacts associ- guidance from the scientific commu- that some sections of the bill are not ated with exposure to pesticides, and I nity, summarizing the findings of the stronger. However, this legislation sets am deeply concerned that they may screening study, and recommending important new directions for Federal lead to diseases such as breast cancer. followup actions, as necessary. policy by providing States and local At the same time I think that the Mr. D’AMATO. Could the Senator governments with a much stronger say women of Long Island and elsewhere discuss the potential followup actions in dealing with their own particular have suffered enough anguish, and I do that might be recommended? drinking water issues. Specifically, the not want to scare people unnecessarily. Mr. MOYNIHAN. Obviously, that de- new variance section provided to small Mr. MOYNIHAN. The Senator raises pends on the outcome of the screening systems will be of significant assist- an extremely important issue—how program. If only a few substances ance in addressing the economic con- best to determine whether pesticides, a screen positive, the followup might in- straints on many of these smaller com- widespread class of environmental clude conducting more detailed tests munities. It is important to note that chemicals, pose a potential risk with- on each substance that tests positive; States decide the affordability criteria, out creating unwarranted public con- if a number are positive, however, pri- making these decisions closer to home. cern. An important part of this process orities must be set to identify those I am pleased that the standard set- should be a risk communication strat- chemicals of greatest concern for ting section of the bill includes a re- egy to identify the likely outcomes, which dose-response relationships are quirement that EPA conduct a cost and to keep the public informed and needed. Though we may wish it were benefit analysis of alternative stand- aware of the purpose of the study, in- not so, we simply cannot do everything ards. However, this legislation specifi- cluding its strengths and limitations. at once. cally states only that it allows EPA to It is important not to over promise and The criteria for setting priorities consider cost and benefits to set new raise false expectations. may well be to select those chemicals standards; EPA is not clearly required Turning to another issue, could the found most often in the environment to use that analysis to ensure that ben- Senator elaborate on what is intended and in the highest concentrations, efits justify costs. by the exemption described in sub- those that are most active or that During the regulatory reform debate, section g(4)? bioaccumulate, those for which there we heard from representatives of the Mr. D’AMATO. Of course. While it is are testable hypotheses for action, and administration that such reform was our intent to require broad screening of those which are representative of spe- unnecessary. If there were problems active and inert pesticide ingredients, cific categories of chemicals. The goal with individual statutes—like the cur- we recognize that there are biologic is to develop plausible biologically- rent safe drinking water law—they substances, and perhaps other sub- based risk-assessment models for use should be addressed individually, stat- stances, that the Secretary will find do by EPA and others to inform their risk ute by statute. We were told that the not warrant testing because she con- management decisions. President’s executive order currently cludes that they do not mimic estrogen Mr. D’AMATO. Does the Senator calls cost-benefit analysis and is used in humans. Subsection g(4) would allow know just what kinds of follow-up to make sure that benefits outweigh her to exempt such substances from studies will likely need to be conducted costs. the screening program called for under and how much they will cost? Therefore, passage of this Safe this amendment. We expect the Sec- Mr. MOYNIHAN. The amendment is Drinking Water Act sets forth an im- retary to rely upon the best available silent on exactly what additional stud- portant test for EPA. Let’s see how scientific information in identifying ies to require after the screening study this bill is implemented. If the admin- substances to be exempted. because we want to benefit from the istration actually conducts cost-bene- Would the Senator like to comment screening results and from EPA’s guid- fit analysis and uses the results, this on why the amendment requires that ance before deciding what, if anything, will go a long way toward passing the the testing requirements and commu- to do next. The determination about test. This statute, by allowing EPA the nication strategies be reviewed by the how much science is needed before flexibility to conduct a cost-benefit Science Advisory Panel and Science making a regulatory decision is a pol- test, will determine how serious it is Advisory Board, and any other review icy call. There will never be enough in- about meeting this goal. group the Administrator deems appro- formation to unambiguously answer In this regard, I am disappointed that priate before finalizing the require- every question about environmental the cost benefit language is not avail- ments. safety. When the EPA makes its report able for use in the disinfection byprod- Mr. MOYNIHAN. Yes, certainly. It is to Congress it would be appropriate to ucts rule. I understand that this was a because we are just coming to learn examine just how much science is rec- closely negotiated compromise among that certain environmental pollutants ommended by EPA to resolve this the various parties associated with this mimic naturally occurring hormones issue, how much additional research or bill. While I respect the compromises and that they may contribute to breast action beyond that initiated by EPA that have been made, I do not believe cancer, reproductive failure, and other would cost, and how much Congress that the unfortunate results of codify- diseases. There is no consensus about thinks is appropriate to pay. ing this proposed rule should be over- the magnitude and nature of the prob- Mr. DOLE. Mr. President, the Senate looked. EPA has received letters of lem, and so it will be controversial, today is considering legislation that is concern from many communities, in- with those on opposite sides of the of primary importance to every home cluding Kansas communities, who are issue voicing strong opinions. It is our in America. Every individual, every worried about the impact of this rule. intent that EPA be as responsible and family, and every community is di- It is ironic that this legislation seeks S 17752 CONGRESSIONAL RECORD — SENATE November 29, 1995 to provide more flexibility for States cating that there are significant bar- tems so they can provide safe and af- by providing variances to small com- riers to adequately using the flexibility fordable drinking water to their con- munities. Yet on this particular issue, provisions in the existing law. Mr. sumers. It gives States flexibility to re- EPA will continue to have the final President, we can instill flexibility for duce monitoring for contaminants that say. I am concerned that the legisla- our small communities into the Safe do not occur in their water system. tion before us essentially codifies a Drinking Water Act, and still ensure That just makes common sense. States proposed rule which is extremely ex- that our constituents are drinking can also approve alternative treatment pensive and ignores sound science and safe, clean water. I believe the bill be- plans for small systems, taking into the potentially adverse substitute risks fore us today inserts some much-need- account affordability, without com- that could result from overregulation ed common sense into the law, and promising the safety of the drinking of disinfection byproducts. frankly Mr. President, it is long over- water supplies. Taking into consideration these con- due. Last year, this body passed a bal- cerns, I will support this bill. A strong But the current law is inflexible in anced, flexible and workable bill to re- bipartisan effort has been made and other, unnecessary ways as well. For form the Safe Drinking Water Act. I there is support of the compromises example, the current statute requires supported that bill. I was proud to do that were achieved in this bill. A great that EPA regulate 25 new contami- so. Unfortunately, we simply ran out of deal of work has gone into this legisla- nants every 3 years, regardless of the time at the end of the session before a tion. I look forward to further discus- overall risk posed by these contami- conference committee could reconcile sions on this bill and how we can move nants. Mr. President, that is absurd. the differences between the House and forward to assure the quality of our That is unnecessary. That is regulation Senate versions of the bill. I was ex- Nation’s drinking water. for regulations sake, and it should be tremely disappointed we could not pass Mr. CHAFEE. Mr. President, I sug- stopped. a final version last year. gest the absence of a quorum. The bill before us repeals the require- I wish to applaud Senator The PRESIDING OFFICER. The ment that the EPA regulate 25 new KEMPTHORNE for the significant effort clerk will call the roll. contaminants every 3 years. Instead, he has put forward to craft a reason- The assistant legislative clerk pro- the bill takes a flexible approach that able and responsible bill, and I com- ceeded to call the roll. requires the Administrator of EPA to mend him for his willingness to work Mr. CONRAD. Mr. President, I ask develop a list of high-priority contami- with our colleagues on both sides of the unanimous consent that the order for nants, and make regulatory decisions aisle in drafting this legislation. the quorum call be rescinded. about at least five of those contami- Many people from State health de- The PRESIDING OFFICER (Mr. nants every 5 years. The bill does not partment officials to managers of COATS). Without objection, it is so or- mandate that EPA regulate additional small rural water systems in my State dered. contaminants on an arbitrary and cost- have told me they believe this bill is Mr. CONRAD. Mr. President, I rise ly schedule. This legislation takes the even better than the bill we were ad- today in support of S. 1316, the Safe commonsense approach that says the dressing last year. I am proud to join Drinking Water Act Amendments of EPA must analyze possible threats to the majority leader, the minority lead- 1995, introduced by the Senator from public health. If no new threat exists, er, the chairman and ranking members Idaho, Senator KEMPTHORNE. I am no regulation is necessary. This provi- of the Environment Committee and the pleased to be an original cosponsor of sion lets EPA consider risk, rather drinking water subcommittee in spon- this important legislation. The bill in- than simply imposing additional costs soring this important piece of legisla- troduced by the distinguished chair- on water systems that may or may not tion. man of the Subcommittee on Drinking increase protection of public health. What could be more clear than the Water, Fisheries, and Wildlife will pro- The bill introduced yesterday in- current legislation, the Safe Drinking vide the Nation with a more workable, cludes a number of important provi- Water Act, needs to be reformed. It is rational, and flexible law that reduces sions to address the shortcomings of my hope that this bill will lead to the the burdens placed on small, rural the existing Safe Drinking Water Act. kind of flexible, workable solutions water systems while protecting public In addition to addressing the flexibility that have been needed for years. I urge health and assuring a safe supply of question, it authorizes a State revolv- my colleagues to support this common- drinking water. ing fund to give States funding to sense legislation, and I urge our col- The Safe Drinking Water Act has make grants or loans to water systems leagues in the House to quickly turn to been one of the most frequently men- to help them comply with the Safe reforming the Safe Drinking Water tioned examples of an unfunded man- Drinking Water Act. In fact, the con- Act. We cannot afford to let this oppor- date on America’s small towns, and ference report for the fiscal year 1996 tunity slip away again during this ses- justifiably so. The Congressional Budg- VA, HUD, and independent agencies ap- sion of Congress. et Office recently released a report en- propriations bill provides $275 million I thank the Chair, and I especially titled ‘‘The Safe Drinking Water Act: A for this SRF, providing we reauthorize thank my colleague from Idaho for Case Study of an Unfunded Federal the bill. While I would have preferred really an excellent job in putting this Mandate.’’ Mr. President, that report to see more resources go to this vital legislation together. documents what many of us already SRF, this funding is essential to small I yield the floor. knew about the current law. It is espe- water systems to help them upgrade Mr. KEMPTHORNE addressed the cially burdensome on small water sys- drinking water treatment systems, re- Chair. tems, such as most of the systems in place wells that provide unsafe drink- The PRESIDING OFFICER (Mr. my State. The CBO report states, ing water, develop alternative sources CRAIG). The Senator from Idaho. ‘‘Households served by small water sys- of water, and comply with drinking Mr. KEMPTHORNE. Mr. President, tems are particularly likely to face water regulations. This funding will let me thank my colleague from North high costs. Furthermore, compliance also help provide important technical Dakota for the comments he has made costs could increase significantly over assistance to local communities. in his statement. I greatly appreciate time.’’ Let me just say that the local com- both the tone and the spirit and the Mr. President, it would be one thing munities have told me over and over points the Senator raised. I agree with if those costs were justified by a need how valuable that technical assistance the Senator. The existing Safe Drink- for safety. But many of these costs is. I am pleased to say it is part of this ing Water Act needs a healthy dose of have little or nothing to do with safe- new legislation. common sense, as the Senator points ty. In fact, they are regulation for reg- The State Revolving Fund is abso- out, and I believe that this bill, S. 1316, ulation’s sake. lutely essential to our small commu- provides that common sense. That is The Safe Drinking Water Act has nities so that they can adequately pro- why I believe we have the support of also been roundly criticized as unneces- tect the health of the American public. the Governors, the mayors, and the sarily inflexible. The CBO report also The bill before us today gives a great county commissioners of the Nation addressed the flexibility concern, indi- deal of flexibility to small water sys- supporting us in this legislation. I am November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17753 proud that the Senator is a cosponsor this matter, and I really have appre- communities to find the best way to of this legislation. ciated the way he has addressed this protect their water quality. The Senator also pointed out with re- matter. This bill gives new authority to the gard to the funds—and the Senator is I can remember so well going to a States in determining what contami- correct—that up until the passage of meeting of county commissioners and nants pose the greatest risk to their this bill, which we are looking forward mayors in my State, and them saying communities and empowers States to to, we have never provided the funds to to me, you know, it is nuts; we are direct their resources toward monitor- the communities, to the water sys- being asked to test for things that have ing those contaminants rather than tems, and ironically we have had the never been present in our system for 20 those that pose a trivial risk to their situation where the appropriators have years. We have had testing for 20 years. communities, removes excessive Fed- appropriated the money but it has We have never had this contaminant eral regulation and keeps our Nation’s never been authorized. For the first show up, and we keep having to do drinking water safe. time, we will authorize the funds and tests that may cost us $20 or $40 a test I am proud of the work that Senator use them where they ought to be on a every month. KERREY and I and others have done on priority basis to help our communities When you are talking Washington this legislation. I believe that the bill ensure that we not only continue to talk, $20 or $40 a month does not sound that we have crafted strikes a fair bal- have safe drinking water but it will im- like very much, but if you have towns ance by recognizing the need to protect prove the public health of this country, such as we have in North Dakota, we our drinking water but also allowing plus the technical assistance that the have four of them incorporated that States flexibility in determining how Senator pointed out to the small com- have 10 people or less and when you are best to protect this valuable and very munities. They have, as we all do, such talking about $20 or $40 a test on things vital resource. finite resources, and yet they want to that are totally unnecessary that may Mr. President, in closing, I wish to comply and they want to ensure that have to be done on a quarterly or emphasize once again my thanks for their constituents or the customers monthly basis, it mounts up and it be- the leadership of Senator CHAFEE and that they are serving get the standards comes an absurdity. others associated with him on the com- to the greatest extent possible. We pro- So again, I think it is absolutely mittee for their very successful job. vide the technical assistance to do so. time that this job gets done. I again And I hope that the Safe Drinking Another point that I would just men- wish to thank my colleague from Idaho Water Amendments Act of 1995 will tion is source water protection. I think for the job he has done. shortly become the law of the land. I we owe a great deal of credit to our ag- I thank the Chair and yield the floor. thank the Chair and I yield the floor. ricultural organizations throughout I note the absence of a quorum. Mr. KEMPTHORNE addressed the the country that really have come for- The PRESIDING OFFICER. The ab- Chair. ward and said we are going to support sence of a quorum has been noted. The The PRESIDING OFFICER. The Sen- you in this because, again, in the pre- clerk will call the roll. ator from Idaho. vious Safe Drinking Water Acts we The bill clerk proceeded to call the Mr. KEMPTHORNE. Mr. President, I never addressed source water protec- roll. thank the Senator from Nebraska for tion. Mr. EXON. Mr. President, I ask unan- his comments. I know that from his So what is this source water protec- imous consent that the order for the perspective, as a former Governor, a tion? Again, it is common sense, as the quorum call be rescinded. Governor from the great State of Ne- Senator from North Dakota has point- The PRESIDING OFFICER (Mr. braska, he realizes the need for State ed out, that is, if you can keep water COATS). Without objection, it is so or- flexibility, and by granting that flexi- upstream from being contaminated so dered. bility and authority to the States, that that you do not then have to wait until Mr. EXON. Mr. President, I rise not all wisdom resides in Washington, it is downstream and then treat all of today in support of the Safe Drinking DC, but that we happen to have 50 Gov- the contamination so that people can Water Amendments Act of 1995. I am ernors throughout this country who then drink it. It is a lot cheaper to go particularly pleased to see this legisla- really can make decisions that are tai- ahead upstream and put in a few little tion come before the Senate after the lored to the needs of their respective amenities that may prevent the con- disappointment of last year when we States in conjunction with their legis- tamination than to just simply turn were unable to come to an agreement. latures and the agencies they have set your back on it and say, well, we will I have been involved in this debate up in place. wait and see what happens down here. for a long time. Back in January of And, too, Senator EXON referenced But it is voluntary. this year I wrote a letter to the chair- Senator KERREY, whom I also want to And so again, it is a progressive step man of the Environment and Public applaud for his efforts, because really forward, but we have all of the stake- Works Committee, Senator CHAFEE, he was a catalyst toward assuring that holders upstream saying, wonderful; we urging the Senator to focus the com- this particular legislation would be bi- will be willing partners in making this mittee’s attention once again on this partisan, as it should be. So, again, the happen. important piece of legislation. I team from Nebraska served well, and I I believe this legislation, which is thought we had a good bill last year. appreciate it. It is a joy to work with very much bipartisan, shows that you But, Mr. President, I believe this year’s the Senator. can be creative and innovative in pro- bill is even better. And I thank Senator Mr. EXON. Mr. President, I thank tecting the environment but doing it at CHAFEE and others associated with him very much my colleague from Idaho. I the most economically feasible level. for their efforts. thank him for his keen perception in We say in this legislation just because This year we are able to craft a bi- this whole area. I was very proud to you can do something technologically partisan bill which improves our Na- follow his leadership earlier this year does not mean it will be justifiable. tion’s drinking water law in several in the mandates area where we had re- Now we have cost-benefit. important and meaningful ways. Com- quired that of States for far too long. So, again, I thank the Senator from munities throughout the United But I know that he has played a very North Dakota. It has been a pleasure to States, including many in Nebraska, keen part in crafting this measure, work with the Senator on this legisla- have had a difficult time complying which I think is fair and reasonable, tion. with current law. As we all know, unworkable, and eliminates much of the Mr. CONRAD addressed the Chair. necessary and heavy-handed mandates consternation and expense, in many The PRESIDING OFFICER. The Sen- have cost our Nation, especially the cases unnecessarily expensive proce- ator from North Dakota. small communities, very dearly. dures. So I thank him and the full com- Mr. CONRAD. I again thank my col- This bill recognizes that the needs of mittee for the excellent job they did. It league from Idaho. It has been a pleas- small communities are different from was a pleasure working with the Sen- ure to work with him. He has been those of large communities. The bill ator. open-minded and absolutely fair with combines flexibility with a good dose Mr. KEMPTHORNE. Mr. President, I respect to listening to both sides on of common sense by allowing smaller ask unanimous consent that Senator S 17754 CONGRESSIONAL RECORD — SENATE November 29, 1995

SNOWE of Maine be added as a cospon- taken the recent election results as a I personally believe that the tap sor to the legislation. repudiation of the environment agenda water provided by public and private The PRESIDING OFFICER. Without over the last 25 years, I hope that this systems in New Jersey, my State, are objection, it is so ordered. bill demonstrates that we, in a biparti- safe. But given the widespread distrust Mr. KEMPTHORNE. Mr. President, I san fashion, can make progress, evi- of our water supplies, it is essential yield the floor. denced by this joint, bipartisan com- that in our deregulatory zeal, we do Mr. LAUTENBERG addressed the mitment to protect our environment. not further undermine public con- Chair. Time will tell if an optimistic view fidence in tap water. The PRESIDING OFFICER. The Sen- will prevail when Congress deals with This bill should move us closer to the ator from New Jersey. other environmental issues. goal of safe, drinkable water at afford- Mr. LAUTENBERG. Mr. President, I Mr. President, in any compromise, able prices. I have been pleased to co- thank the Chair. I rise in support of especially in this second generation of sponsor the bill, and I urge its support. this legislation to authorize the Safe environmental statutes, agreement I add, Mr. President, that an amend- Drinking Water Act. I want to com- does not please everyone. Reaching a ment of mine that is included in the mend my colleague and my friend from consensus requires both sides to accept bill is there to guarantee the safety of Idaho for his hard work on this, and to provisions that they would rather not bottled water, because this amendment express at the same time my apprecia- have. There are provisions in this bill requires that bottled water meet the tion to the chairman of the Environ- that I would like to strengthen and I same safety standards set for tap ment and Public Works Committee, on am sure others might want to weaken. water. which we both serve, Senator CHAFEE, However, the overall view is that this There is an anomaly out there that for the open process that he and Sen- is a good bill. tap water is tested rather rigorously, ator KEMPTHORNE established for draft- It is critical to ensure that drinking and water that is paid for out of one’s ing this bill. water is safe. Guaranteeing that safety pocket has not had the same require- It has not been a lightning experi- is an important responsibility of Gov- ments. We want to make them the ence, though it has been an enlighten- ernment, and it cannot be delegated same. People ought to know simply being experience. I say it has not been entirely to the States or to the private cause it is in a bottle and thought to be lightning because it has taken a fair market. At the same time, some State pure that there should be a test that amount of time to get this to this and local flexibility is essential to en- applies to this water. point. As a matter of fact, the commit- sure efficient regulation. This legisla- The amendment is supported by the tee has been meeting since February, tion seeks to strike a balance between International Bottled Water Associa- both Democrats and Republicans, to the critical need to guarantee public tion, and it will assure consumers that try to get this legislation into shape so safety and the need to provide for rea- bottled water is at least as safe as the that it could meet the bipartisan test sonable regulatory flexibility. Once water they receive at the tap. The pub- and pass. They have been meeting al- again, not a perfect balance, but a defi- lic needs to know that all their drink- most constantly over the year, and nite improvement over current law. ing water is safe, whether it comes out into September and October, to reach For example, we have attempted to of the tap or out of a bottle. the consensus that exists now on this add additional cost-benefit and risk-as- So, Mr. President, I am supporting legislation. sessment tests before we regulate this bill and reserve, however, the right The process has produced a bill that, chemical contaminants. These tests to change my mind if there are amend- though imperfect, does substantially will apply to arsenic and sulfates and ments offered that do not have direct improve the Safe Drinking Water Act. chlorinated byproducts. They are a rea- relationship to the Safe Drinking When I say, ‘‘though imperfect,’’ I do sonable compromise between provi- Water Act changes as we propose them. not remember a time when there was a sions in the regulatory reform proposal We have heard other subjects being dis- bill that involved a complicated proc- and present law. cussed on the floor, and I hope they ess that had been produced here that As we debate this legislation, it is will not be offered as amendments to was perfect. There is always a point of important to do what we can to this bill. view that something could be better. It strengthen public confidence in the Barring that, I am 100 percent behind was often said by a former majority water supply. Unfortunately, Ameri- it and will do whatever I can to help leader, George Mitchell, that the per- cans now have little confidence in the make it turn into law. fect is the enemy of the good. And safety of their drinking water. They Once again, I thank my colleague what we have is we have a good bill. worry about it, for their families. That from Idaho for his good, hard work This committee, Mr. President, the is one of the reasons why 42 million which he continually shows in the com- Environment and Public Works Com- Americans, one out of six, regularly mittee and on the floor. We try to get mittee, has a good history of working drink bottled water. When I was a things done, as I suggested earlier, in a in a bipartisan fashion. The environ- child, Mr. President—it was not a cen- bipartisan manner. It always is easier mental legislation has been a joint en- tury ago, I assure you—I never heard of when we do, Mr. President. There are a terprise, going back to at least 1969. anybody drinking bottled water. Selt- few things that are on tap, to use the This bipartisanship continued when zer water or soda water, or something expression, a few things that we are Democrats chaired the committee from like that, but plain old bottled water? working on in the Environment and 1969 to 1980 and then through Senator Never heard of it and never had the Public Works Committee that I hope Robert Stafford’s tenure as chairman money for it even if we had heard of it. we will be able to use this effort as a in the early 1980’s. That spirit contin- In the Washington area, Safeway or model to move along. I have particular ues today, as demonstrated by this bill. Giant Food stores, generic bottled interest in Superfund and some other The legacy of this process has been a water—and I am not talking about the environmental legislation, and we just system of environmental protection highly advertised designer shaped bot- need to get together to make it hap- that, frankly, is a model for the indus- tles—in these places, water costs about pen. trial world. More importantly, the $1.35 a gallon. It is 1,000 percent more With that, Mr. President, I yield the process has led to cleaner water, clean- than tap water—1,000 percent. floor. er air, and a safer disposal of waste. It Despite these high costs, sales of Mr. KEMPTHORNE addressed the has led to a better world. But that nonsparkling bottled water increased Chair. should not be surprising. 100 percent between 1986 and 1994. To be The PRESIDING OFFICER. The Sen- There has been strong bipartisan sup- sure, some people drink bottled water ator from Idaho. port across the country for effective because of the notion it provides. It is Mr. KEMPTHORNE. Mr. President, I environmental standards. Poll after kind of a cachet of things that people thank the Senator from New Jersey for poll shows support not only for EPA do, but many simply do not trust local his comments. I appreciate so much but for toughening of standards to pro- water supplies and are willing to pay a working with Senator LAUTENBERG on tect the air, the water and our land. stiff premium for alternatives to tap the committee. I appreciate his cospon- Although some special interests have water. sorship of this legislation. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17755 He has pointed out something that I The Senator from Rhode Island (Mr. technologies for a range of small sys- agree with, and that is, oftentimes, CHAFEE), for himself, Mr. GORTON, Mrs. MUR- tems. The legislation recognizes that while the motive may have been pure, RAY, Mr. KEMPTHORNE, Mr. BAUCUS, and Mr. small systems have unique needs and you have regulations or legislation REID, proposes an amendment numbered 3071. cannot afford the costly technology that is nonworkable, that is difficult to Mr. CHAFEE. Mr. President, I ask that is affordable for larger systems. In achieve, and so we have, again, turned unanimous consent that reading of the addition, many of my State’s small our efforts toward establishing a dose amendment be dispensed with. system operators have told me that of common sense in this legislation. The PRESIDING OFFICER. Without monitoring compliance was one of the As the Senator from New Jersey said, objection, it is so ordered. most costly aspects of the current law. there are probably amendments he The amendment is as follows: By giving States with primary enforce- would like to offer that he would feel On page 64, after line 5, insert the follow- ment responsibility the opportunity to would strengthen the bill, and there ing: establish their own monitoring require- are others who would offer amend- ‘‘(a) FILTRATION CRITERIA.—Section ments, this legislation eliminates an- ments that would weaken the bill. 1412(b)(7)(C)(i) is amended by adding at the other costly burden for small systems. The interesting thing is, his amend- end thereof the following: ‘‘Not later than 18 The legislation also makes a critical ment he would determine as strength- months after the date of enactment of the Safe Drinking Water Act Amendments of improvement over existing law on ening and I would determine as actu- 1995, the Administrator shall amend the cri- standard setting. The bill establishes ally weakening, and vice versa. teria issued under this clause to provide that that maximum contaminant level So I think we have found that good a State exercising primary enforcement re- goals [MCLG] for contaminants that balance in this legislation, that while sponsibility for public water systems may, are known or likely to cause cancer in reducing the cost to the States and on a case-by-case basis, establish treatment humans may be set at a level other cities, we are increasing public health. requirements as an alternative to filtration than zero, if the Administrator deter- Just because we have the technology to in the case of systems having uninhabited, mines based upon available, peer-re- do something and it is technologically undeveloped watersheds in consolidated ownership, and having control over access to, viewed science, that there is a thresh- feasible, does not necessarily mean it old level below which there is unlikely is justifiable to require the States and and activities in, those watersheds, if the State determines (and the Administrator to be any increase in cancer risk and cities to do. concurs) that the quality of the source water the Administrator sets the MCLG at So we do have in this environmental and the alternative treatment requirements that level with an adequate margin of legislation cost-benefit analysis that is established by the State ensure significantly safety. MCLG’s for carcinogens—ele- in place. So, again, I have appreciated greater removal efficiencies of pathogenic ments known to cause cancer—are set working with the Senator from New organisms for which national primary drink- at zero under current law. Many in the Jersey. I thank him for his comments ing water regulations have been promulgated or that are of public health concern than scientific community believe that this this afternoon. In this fashion, I be- number has been set arbitrarily. The lieve this legislation is going to move would be achieved by the combination of filtration and chlorine disinfection (in compli- setting of the standard at zero is the forward. equivalent of the Delany clause for With that, Mr. President, I suggest ance with this paragraph and paragraph (8)).’’. drinking water contaminants. Many the absence of a quorum. On page 64, line 6, strike ‘‘(a)’’ and insert communities in my State have argued The PRESIDING OFFICER (Mr. GOR- ‘‘(b)’’. that a MCLG set at zero is an ineffec- TON). The clerk will call the roll. On page 64, line 21, strike ‘‘(b)’’ and insert tive use of funds, and results in a great The bill clerk proceeded to call the ‘‘(c)’’. deal of effort expended, in many cases, roll. Mr. GORTON. Mr. President, I am Mr. CHAFEE. Mr. President, I ask ∑ for a marginal reduction in the likeli- happy to support S. 1316, amendments unanimous consent that the order for hood of cancer. By granting the Admin- to the Safe Drinking Water Act. This the quorum call be rescinded. istrator the flexibility to establish a The PRESIDING OFFICER. Without legislation will go a long way to help MCLG at a level other than zero, S. objection, it is so ordered. small and large water systems in my 1316 makes a good improvement to ex- Mr. CHAFEE. Mr. President, we have State to provide safe, clean, and afford- isting law. two items that have been cleared, and able drinking water to their customers. Mr. President, I would also like to that can now be adopted. Last year, the Senate considered leg- thank the chairman and ranking mem- AMENDMENT NO. 3071 islation to amend the Safe Drinking ber of the Environment and Public (Purpose: To authorize additional criteria for Water Act. I was a strong supporter of Works Committee, and their staff, for alternatives to filtration) that legislation, which, unfortunately, accepting an amendment to the bill of- Mr. CHAFEE. Mr. President, the first never made it to the President’s desk. fered by this Senator and the junior item was brought to our attention by The bill before the Senate today im- Senator from Washington. The amend- the Presiding Officer, Senator GORTON, proves upon last year’s legislation, and ment establishes a limited alternative and Senator MURRAY. The Safe Drink- I am proud to support the committee’s to filtration, if the system can utilize ing Water Act requires filtration for legislation once again. another form of treatment that will most drinking water systems that are Over the past several years I have provide a significantly greater removal served by surface water. But some heard from small and large water sys- of pathogens, than that of filtration. cities have made extraordinary efforts tems in my State urging Congress to The need for this amendment was to protect their watersheds from devel- amend the current law in order to brought to my attention by the city of opment that might contribute to con- break free of the one-size-fits-all ap- Seattle. The city has two water supply tamination. One such city is Seattle, proach of current law. The legislation sources, the Cedar River Watershed, WA. That city owns virtually all of the before the Senate today accomplishes and the Tolt River supply. Because of land around its reservoir. This amend- this goal. Washington State ranks fifth turbidity problems in the Tolt supply, ment recognizes the efforts made by in the Nation in the number of small the city is in the process of implement- the city of Seattle and allows Seattle, public water systems, and, as a result, ing filtration technology on the Tolt. in cooperation with the State of Wash- the mandates of current law are espe- Conversely, the Cedar River supply ington, to employ treatment ap- cially burdensome on my State’s small does not have turbidity problems—it proaches in lieu of filtration that will systems. For many of my State’s small consistently tests below average for be more cost effective. communities the price tag associated turbidity—and the city is seeking an So, Mr. President, I send on behalf of with filtration costs is incomprehen- alternative to filtration for the Cedar myself and both Senators from Wash- sible. These communities simply can- River supply. ington a printed amendment, and I ask not afford this costly technology. Currently the Cedar is an unfiltered for its immediate consideration. The legislation before us today en- system, and therefore must comply The PRESIDING OFFICER. The sures that small systems will be better with the surface water treatment rule. clerk will report. able to provide safe drinking water to The rule sets forward 11 specific cri- The assistant legislative clerk read their customers. The bill directs the teria, and calls for extensive monitor- as follows: Administrator to identify a range of ing of the system, to ensure that the S 17756 CONGRESSIONAL RECORD — SENATE November 29, 1995 system continues to provide clean AMENDMENT NO. 3072 U.S.C. 1281 et seq.) shall apply to the con- water to its customers. During 1992, the (Purpose: To authorize grants for wastewater struction of a treatment works or project Cedar violated 1 of the 11 criteria, and, treatment and drinking water supply to under this subsection in the same manner as consequently, was required to initiate communities commonly referred to as the standards apply under such title. colonias) ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— filtration plans. Shortly thereafter the there are authorized to be appropriated to city entered into an agreement with Mr. CHAFEE. Mr. President, on be- carry out this subsection such sums as may the State and EPA region 10 to achieve half of myself and Senators DOMENICI, be necessary for fiscal years 1996 through compliance with the rule without fil- KEMPTHORNE, BAUCUS, and REID, I send 2003.’’. tration. an amendment to the desk and ask for Mr. CHAFEE. Mr. President, this is Seattle has been working closely its immediate consideration. an amendment that has been cleared The PRESIDING OFFICER. The with EPA region 10 and the Washington by both sides. As you understood from clerk will report. State Health Department for the past the reading of it, it deals with those The assistant legislative clerk read several years to find a way to treat the very low-income settlements along the as follows: Cedar supply, without filtration. Fil- United States side of the United tration would cost the city roughly The Senator from Rhode Island (Mr. States-Mexican border, and it is of par- CHAFEE), for himself, Mr. KEMPTHORNE, Mr. $200 million, but the city believes that ticular concern to the senior Senator BAUCUS, Mr. DOMENICI, and Mr. REID, pro- from New Mexico, and I am sure for the the process of ozonation would better poses an amendment numbered 3072. meet the city’s drinking water needs. On page 195, after line 20, insert the follow- junior Senator from New Mexico like- The ozonation process would only cost ing: ‘‘(h) ASSISTANCE TO COLONIAS.— wise. $68 million. Ozonation is a process that ‘‘(1) DEFINITIONS.—As used in this sub- Mr. DOMENICI. Mr. President, I rise is considerably less expensive than fil- section— in strong support of S. 1316, the Safe tration and is believed to be the next ‘‘(A) ELIGIBLE COMMUNITY.—The term ‘eli- Drinking Water Act Amendments of up and coming technology for ensuring gible community’ means a low-income com- 1995. I am proud to be an original co- munity with economic hardship that— sponsor of this outstanding, broadly bi- clean drinking water. ‘‘(i) is commonly referred to as a colonia; The ozonation process is proven to be ‘‘(ii) is located along the United States- partisan bill. Mr. President, I have long been in- more effective than filtration in get- Mexico border (generally in an unincor- ting rid of harmful pathogens in a porated area); and volved in the drinking water debate, water supply, like cryptosporidium and ‘‘(iii) lacks basic sanitation facilities such having introduced a reform bill of my giardia. Filtration technology would as a safe drinking water supply, household own last session. Coming from a pre- plumbing, and a proper sewage disposal sys- inactivate 99.9 percent of crypto- dominantly rural State, one of my big- tem. gest concerns with the current Safe sporidium, but ozonation would inac- ‘‘(B) BORDER STATE.—The term ‘border tivate 99.999 percent of the crypto- Drinking Water Act is the fact that the State’ means Arizona, California, New Mex- overwhelming majority of small rural sporidium. The increase of .099 is con- ico and Texas. water systems simply do not have the sidered a significant increase in the ‘‘(C) TREATMENT WORKS.—The term ‘treat- level of human health protection. ment works’ has the meaning provided in economic or technical capability to section 212(2) of the Federal Water Pollution comply with the act as it now exists. The city of Seattle—together with Control Act (33 U.S.C. 1292(2)). Senator KEMPTHORNE’S bill goes very mayors from Tacoma, Redmond, ‘‘(2) GRANTS TO ALLEVIATE HEALTH RISKS.— far in addressing this problem by giv- Bothell, and Bellevue—support the The Administrator of the environmental ing States the flexibility to grant amendment because the majority of Protection Agency and the heads of other ap- variances for small water systems. their communities are served by the propriate Federal agencies are authorized to In addition, I am very happy to see Seattle water system. On behalf of the award grants to any appropriate entity or border State to provide assistance to eligible that Senator KEMPTHORNE’S bill re- Puget Sound residents served by the quires EPA to use the best available, city of Seattle’s water supply, I would communities for— ‘‘(A) the conservation, development, use peer-reviewed science in implementing like to thank Senators CHAFEE and and control (including the extension or im- the act. I worked hard to get this com- BAUCUS, and their staff, for working on provement of a water distribution system) of monsense provision put into last ses- this amendment. water for the purpose of supplying drinking sion’s reauthorization effort, and I am I urge my colleagues to support the water; and glad it has been retained in this ses- committee’s bill, and this Senator ‘‘(B) the construction or improvement of sion’s bill. hopes that we can get legislation to the sewers and treatment works for wastewater I would like to take a few moments President’s desk for his signature this treatment. ‘‘(3) USE OF FUNDS.—Each grant awarded to discuss an issue of particular impor- year.∑ pursuant to paragraph (2) shall be used to tance to me, and that is the issue of The PRESIDING OFFICER. If there provide assistance to one or more eligible colonias. Mr. President, for those who is no further debate, the question is on community with respect to which the resi- do not speak Spanish or come from the agreeing to the amendment of the Sen- dents are subject to a significant health risk Southwest, colonia is the Spanish word ator from Washington. (as determined by the Administrator or the for neighborhood. Traditionally, in my head of the Federal agency making the State of New Mexico and throughout The amendment (No. 3071) was agreed grant) attributable to the lack of access to to. an adequate and affordable drinking water the Southwest, colonias referred to Mr. CHAFEE. Mr. President, I move supply system or treatment works for long-established, unincorporated small to reconsider the vote by which the wastewater. towns with rich community heritages. amendment was agreed to, and I move ‘‘(4) OPERATION AND MAINTENANCE.—The Over the past decade, colonias have to lay that motion on the table. Administrator and the heads of other appro- also come to refer to densely popu- priate Federal agencies, other entities or lated, poverty-stricken communities The motion to lay on the table was border States are authorized to use funds ap- that have sprung up along the border in agreed to. propriated pursuant to this subsection to op- the past 10 to 15 years. They are often Mr. CHAFEE. Mr. President, I have a erate and maintain a treatment works or populated primarily by Mexican-Amer- request from Senator SNOWE that she other project that is constructed with funds made available pursuant to this subsection. icans and legal immigrants working as be added as a cosponsor of S. 1316 and seasonal farm laborers. These are de- as a cosponsor of the managers’ amend- ‘‘(5) PLANS AND SPECIFICATIONS.—Each treatment works or other project that is cent, honest, hardworking people try- ment to S. 1316. funded by a grant awarded pursuant to this ing their best to create a good life for The PRESIDING OFFICER. Without subsection shall be constructed in accord- themselves and their families. The objection, it is so ordered. ance with plans and specifications approved tragedy of these new colonias, however, Mr. CHAFEE. Mr. President, I ask by the Administrator, the head of the Fed- is that they are typified by desperate that Senator GORTON also be added as eral agency making the grant, or the border poverty, by severe overcrowding, by in- cosponsor of S. 1316 and the managers’ State in which the eligible community is located. The standards for construction appli- adequate housing, by pathetic roads, amendment thereto. cable to a treatment works or other project and, most important for purposes of The PRESIDING OFFICER. Without eligible for assistance under title II of the the bill before us, by nonexistent objection, it is so ordered. Federal Water Pollution Control Act (33 drinking and waste water services. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17757 Mr. President, I would like to read a build these systems. Without the tech- ance by the year 2002 under figures and few passages from an article that ap- nical assistance to keep them operat- statistics provided by the Congres- peared earlier this year in one of my ing, and operating well, we haven’t ac- sional Budget Office, so that each of us State’s newspapers, the Las Cruces Sun complished anything. knew the parameters within which News. Las Cruces is the largest city in In closing, Mr. President, I would that debate would take place. Dona Ana County, a county with a like to thank Chairman CHAFEE and At the same time as these temporary large number of colonias. The article, Senator KEMPTHORNE for their gracious arrangements were being made, this written by Deborah Baker of the Asso- help with this important amendment. I body and the House of Representatives ciated Press, is titled ‘‘Colonias: The believe the amendment will go a long passed, and is about to send to the American dream is more of a night- way in helping some of the neediest President of the United States, a bill, mare for many State residents.’’ Mr. communities in the United States in the Balanced Budget Act of 1995, which President, the passages I would like to two crucial public health areas. These accomplished precisely that goal. read, which could apply to most of the colonias will finally get adequate sewer Many of the elements of that proposal new colonias dotting our Nation’s service, and they will finally receive are controversial, though it does for southwestern border, describe the ap- clean, safe water to drink. the first time truly reform our entitle- palling conditions under which these The PRESIDING OFFICER. Is there ment programs, including Medicare, people live every day: further debate on the amendment? If Medicare in a way that preserves its fi- The American dream lives on a trash- not, the question is on agreeing to the nancial security, keeps part A from strewn hillside at the end of a rutted road in amendment of the Senator from Rhode going bankrupt, fairly continues the a cluster of trailer and shacks called El Island. present percentage of premiums paid Milagro—‘‘The Miracle.’’ The amendment (No. 3072) was agreed by the beneficiaries of part B, and adds There, two families share three rooms: a to. to the premiums only of very well-off two-room trailer, and a dirt-floored addition Mr. CHAFEE. Mr. President, move to Americans. with walls that stop several feet short of the ceiling. reconsider the vote by which the The President has announced—and in Cooking is done on a grate balanced be- amendment was agreed to, and I move this case we have no reason to doubt tween cinderblocks over an open fire on the to lay that motion on the table. him—that he will veto that Balanced dirt floor. Water comes from a pipe, run from The motion to lay on the table was Budget Act of 1995. So far, in spite of a neighbor’s house, that sticks up from the agreed to. that announced intention, in spite of ground behind the trailer. There is no bath- Mr. CHAFEE. Mr. President, I sug- his signature solemnly affixed to a bill room—not even an outhouse. No electricity. gest the absence of a quorum. which calls for just such a balanced No heat. The PRESIDING OFFICER. The budget under just such a set of statis- Mr. President, this is a description of clerk will call the roll. tics, the President has submitted no al- third-world living conditions existing The assistant legislative clerk pro- ternative budget which would be bal- here in the United States of America. ceeded to call the roll. anced under those rules by 2002. Such conditions are unsafe, unhealthy, Mr. GORTON. Mr. President, I ask As a consequence, the negotiations, and, I believe, simply intolerable. Nor unanimous consent that the order for which began abortively more than a is this a small problem. I know that in the quorum call be rescinded. week ago and seriously just a couple of New Mexico we have at least 60 such The PRESIDING OFFICER (Mr. days ago, have not even produced an communities in desperate need of this CHAFEE). Without objection, it is so or- agreement on an agenda. This is not basic infrastructure. In Dona Ana dered. surprising. We have produced and sent County alone, there are 35 colonias. Mr. GORTON. Mr. President, I ask to the President the Balanced Budget Our border States have made great unanimous consent that I be permitted Act of 1995. We believe that it covers efforts in trying to deal with this prob- to speak as in morning business for not all of the conditions asked for by the lem. My State of New Mexico, for ex- to exceed 5 minutes. President: that it properly and appro- ample, has spent large amounts of The PRESIDING OFFICER. Without priately funds Medicare, Medicaid, wel- money to build community centers, objection, it is so ordered. fare, the national defense, the environ- health facilities, fire stations, and day f ment, and a wide range of other activi- care centers for its colonies. New Mex- A BALANCED BUDGET ties. ico also recently enacted a statute to The President disagrees. That is the tighten up zoning laws that had pre- Mr. GORTON. Mr. President, as we President’s prerogative. But, Mr. Presi- viously allowed developers to subdivide are here, I think, close to completing a dent, it is not an appropriate response plots of land repeatedly for residential very important piece of legislation on to that disagreement to simply sit still use without first supplying basic infra- safe drinking water, we, as Members of and say, ‘‘Give me another alter- structure. this body, recognize that in another native.’’ The President has a duty, if he Unfortunately, however, many of the sense we are marking time during ne- is serious at all about the budget crisis border States simply do not have the gotiations between the Republican facing this country, to say, financial capability to help with some leadership of the House and Senate and Here is my proposal for a balanced budget of the more costly infrastructure that the President of the United States on by the year 2002, based on these same propo- these communities need, especially the question of the balanced budget. sitions. Here are the differences between the drinking water and wastewater facili- There was, just a few weeks ago, a two parties. Let us negotiate those dif- ties. The colonias themselves certainly crisis in the course of our Government ferences. do not have these funds. as the President vetoed a continuing To this point, every economic indica- Consequently, I am offering an resolution and thus put out of work tor since the election of just more than amendment, for myself and for Senator many hundreds of thousands of Govern- a year ago is in a positive direction. In- BINGAMAN, that I believe will greatly ment employees. Crisis negotiations terest rates are lower, inflation is help these most needy of communities. led to a further continuing resolution down, employment and the gross do- Mr. President, my amendment will under which each of the agencies of mestic product are up, based, as we un- authorize the Environmental Protec- Government will continue in operation derstand, primarily on the proposition tion Agency, or any other appropriate until the 15th of December while the that our financial markets believe that agency, to award grants to any appro- various parties negotiate a long-term the budget will be balanced. priate entity or border State to provide budget. In my opinion, if the President con- assistance for the construction of One of the conditions of that return, tinues to refuse to propose any alter- drinking and wastewater facilities. a part of the law signed by the Presi- native, if he believes that the politics My amendment also authorizes these dent of the United States, was an of scare tactics about Medicare and agencies to use funds to operate and agreement to reach before the end of other programs are a better election maintain these drinking and this session of Congress, that is to say, platform on which to run than an ac- wastewater facilities. I believe this is a before the end of the year, a budget tual balanced budget, we will almost key point. It is not enough just to which would be projected to be in bal- certainly suffer a loss in each one of S 17758 CONGRESSIONAL RECORD — SENATE November 29, 1995 those economic indicators, which will PEACE AGREEMENT IN BOSNIA Sarajevo is an area that is divided up not help the President—for that mat- Mr. INHOFE. Mr. President, yester- between Croats, Serbs, and Moslem ter, will not help the Congress, and cer- day when I was on the floor I made forces, each with their own check- tainly will not help the country. some comments which I do not think points. We are bound and determined to have were very clearly understood because I Also according to the New York just such a balanced budget. The Presi- was assuming some people were aware Times: ‘‘As of November 26, a total of dent has now, by his signature on a of some of the problems that have ex- 210 peacekeepers have been killed in bill, agreed to just such a balanced isted since the initialing of the peace the 4 years of conflict in the former budget. It is time—it is well past agreement in Bosnia. Yugoslavia.’’ time—that the President, who so elo- It has been very disturbing to me, Mr. President, these are identified as quently disagrees with ours, produces after having been over there, to feel peacekeepers. If you will remember, his own so that we can work construc- that most people are laboring under one of the major concerns that we have tively toward a solution. the misconception that there is in fact is that the President is putting our Mr. President, I suggest the absence a peace. The President himself in his forces into a situation that is ideal for of a quorum. message to the Nation said, ‘‘Now the what we call ‘‘mission creep.’’ That is, The PRESIDING OFFICER. The war is over.’’ I just wish the President you go in with one idea. Say you are clerk will call the roll. would go over there and see that the going to go in, as we are going in, to The assistant legislative clerk pro- war is not over. keep the peace. Obviously, there is no ceeded to call the roll. But since that time, there have been peace to keep. But still they call them Mr. CHAFEE. Mr. President, I ask some articles which I would like to ‘‘peacekeepers.’’ unanimous consent that the order for read, and then submit into the RECORD. When the President made his speech the quorum call be rescinded. One is from the Los Angeles Times of he was very careful to use the word The PRESIDING OFFICER (Mr. GOR- November 25, just a few days ago. ‘‘implementation.’’ TON). Without objection, it is so or- ‘‘On Friday, November 24, approxi- So it has already crept from peace- dered. mately 200 Bosnian Government troops keeping to peace ‘‘implementation.’’ f looted a U.N. base in the Bihac’’—that The Times article goes on: ‘‘In is right over here, Mr. President, on SAFE DRINKING WATER ACT Bosnia itself, 107 have been killed, the Croatian border—‘‘manned by a AMENDMENTS most by the former Serbs but some by Bangladeshi battalion. They fired ma- the Muslims. Serbs have repeatedly The Senate continued with the con- chine guns over the heads of the peace- sideration of the bill. used peacekeepers as hostages to se- keepers and carried off food, fuel, and cure their aims.’’ PRIVILEGE OF THE FLOOR equipment including nine armored ve- Further, in the same article: ‘‘In the Mr. CHAFEE. Mr. President, I ask hicles. The 80 peacekeepers returned past NATO has been able to respond to unanimous consent that Linda Reidt fire’’—keep in mind that while all of attacks on peacekeepers with air Critchfield, a fellow in Senator this is happening they are firing and strikes on Serbian artillery and other LIEBERMAN’s office, be granted privi- returning fire—‘‘but were forced to re- positions. Now this is less of an option leges of the floor for the duration of treat. The Bosnians were taking advan- because the multinational troops will the debate. tage of the imminent withdrawal of be mingled with the civilian population The PRESIDING OFFICER. Without U.N. forces to make way for NATO especially in places like Sarajevo, objection, it is so ordered. troops’’—which gives you an indication where about 10,000 troops are to be de- Mr. CHAFEE. Mr. President, I sug- as to what would happen even if we ployed.’’ gest the absence of a quorum. were able to stop this obsession that ‘‘The NATO operation is billed as one The PRESIDING OFFICER (Mr. the President of the United States has where superior Western firepower will THOMPSON). The clerk will call the roll. in sending troops into Bosnia and were obliterate any obstacles. But the NATO The legislative clerk proceeded to able to try to get them withdrawn. call the roll. Also, a Reuters publication on the led force will not be threatened mainly Mr. CHAFEE. Mr. President, I ask same day, on Friday, the 24th, says, by organized resistance, but by angry unanimous consent that the order for ‘‘Also on Friday the 24th, U.N. officials women and children, lone snipers and the quorum call be rescinded. reported that Croat forces burned and renegade bands of armed men deter- The PRESIDING OFFICER. Without looted houses’’—these are Croat mined to thwart a plan that would objection, it is so ordered. forces—‘‘in areas located in central and drive them from their homes and ne- Mr. CHAFEE. Mr. President, pre- northwest Bosnia. Houses were burned gate all they have fought to achieve.’’ viously this afternoon I submitted and looted in the city of Gornji We are talking about people who amendment numbered 3072 on behalf of Vakuf’’—which is this area right in have fought each other for nearly 4 myself, Senator KEMPTHORNE, Senator here—‘‘in central Bosnia and also in years. And I stood on the streets of Sa- BAUCUS, Senator REID and Senator DO- the cities of Mrkonjic Grad, and rajevo and saw those areas where they MENICI, and that amendment was Sipovo’’—which is this area right in have pounded the residential areas and adopted. I ask unanimous consent that here. have obliterated them. Many of the Senator BINGAMAN be added as a co- If you look, the major part of the ac- people who are there now are not the sponsor to that amendment. tivity is taking place in this section people who lived in Sarajevo before. The PRESIDING OFFICER. Without right of Bosnia. This is the section in They were not there back during the objection, it is so ordered. which the United States would have Winter Olympics that we remember so Mr. CHAFEE. Mr. President, I sug- forces. fondly in such a beautiful thriving city gest the absence of a quorum. I have often wondered, and have not as Sarajevo then was. They are people The PRESIDING OFFICER. The been able to get an answer from any- who came in there as refugees. Once clerk will call the roll. one, as to who drew these lots for us; the people were driven from their The legislative clerk proceeded to why we have the French over here and homes, they were no longer livable for call the roll. the British over here, but we would be individuals who had those homes, and Mr. INHOFE. Mr. President, I ask right here—virtually everything north now refugees have come in. unanimous consent that the order for of Sarajevo up to and including Tuzla, So we are dealing now with two the quorum call be rescinded. and a corridor that would go through groups of people that are going to be The PRESIDING OFFICER. Without here, which is one of the most conten- problems—assuming that we are suc- objection, it is so ordered. tious areas. cessful in going in there to achieve Mr. INHOFE. Mr. President, I ask This comes from the New York Times some type of peace. unanimous consent that I be allowed to article of the 27th: ‘‘On Sunday, No- Col. Thierry Cambournac of NATO, speak as if in morning business. vember 26, angry groups of men stoned deputy sector commander of Sarajevo, The PRESIDING OFFICER. Without and flipped over U.N. vehicles passing said he feared that the soldiers could objection, it is so ordered. through Serbian sections of Sarajevo.’’ get drawn into conflicts in urban areas November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17759 they will patrol. A quote from the colo- When I was in Sarajevo, there is a lit- own troops so you can blame some nel: ‘‘Our biggest concern is the popu- tle town located right here called Pale. other faction, you would certainly fire lation in these areas will revolt.’’ This is the town where they supposedly on American troops trying to remove Their concern is not whether one of had the Christian Science Monitor you from your home. the organized factions, whether it is journalist who had been held hostage It is my understanding—from the Croats or Serbs or the Moslems, are for a period of time, and we were get- sketchy information we get from the going to be a problem. It is instead the ting ready to go over there to help agreement that has been initialed— people who have been driven from their bring him back when we found out in that there are two conditions under homes. In fact, the mayor of this sub- fact he was not there. But one thing we which we will withdraw our troops. One urb said, and this is a direct quote, did learn is that when you close those is at the end of 12 months. ‘‘We will still fight, and if the multi- checkpoints, you are in another world, Now, since I have not heard anything national force tries to drive us from and those people do not have their alle- to the contrary since the Senate our homes, or take away our right to giance to Milosevic. They do not have Armed Services Committee met, when defend ourselves, there will be no au- their allegiance to Tudjman or in many we had Secretary Christopher and Sec- thority on Earth’’—no authority on cases even Karadzic because they are retary Perry and General Earth—‘‘including the Serbian authori- people who are now holding themselves Shalikashvili, the Chairman of the ties, that can stop us. We will not out to be independent. Joint Chiefs of Staff, all said that in 12 leave, we will not withdraw, and we So I would just repeat to the Presi- months we will be out of there. And I will not live under Muslim rule.’’ dent, who in his speech said the words asked the question, you mean we are Now, we get back to the two groups ‘‘the war isn’t over,’’ I have yet to going to be out of there regardless? If of people, the groups of people that find—there are only two Members of we are in the middle of a huge war, if have fought for homes. And what does Congress, to my knowledge, who have we have entrenched ourselves within that mean when they have a peace? been up into this northeast sector, the the civil war that has been going on for They assume they can continue to live sector where the President is proposing 500 years, we are about to win it, and in their homes. But, no, that is not the to send—and as we are speaking today that 12 months is over, we withdraw? way this works because if they happen is sending—American troops on the Absolutely, they said, we are going to to be a Serbian family in a home that ground. They are Senator Hank BROWN withdraw in 12 months, and it is over. is now designated by this group that from Colorado and myself. I do not think there is anyone who met in Ohio as a Croatian area, then Yesterday, we had a chance to ad- has studied military history who can they will be driven from their homes. dress the Senate about what has really point to a time when we have had a I used to be the mayor of a major happened up there. It is not very pret- time deadline as to when a withdrawal city in America, Tulsa, OK. You do not ty. In fact, we went via British heli- will take place. It is supposed to be make statements like this unless you copter, at very low attitude, never get- event-oriented: After this happens and mean it. He says we will not leave. So ting over 1000 feet, in a blizzard, all the this happens and we are successful, we now have a new faction, rogue fac- then we will withdraw. That is not tion if you will, that will develop from way from Sarajevo up to the Tuzla what we are saying. We are saying we people who are living in homes, fought area, going back and forth, and really for homes they feel are theirs now, and being able to look very carefully at all will withdraw in 12 months. The other condition is withdrawal in now we come along and say, ‘‘You have of this land. Everything between Sarajevo and the event of ‘‘systemic violations.’’ to move.’’ Mr. President, I have asked for many What is the other group? We hear Tuzla is not like the Rocky Mountains, times a definition of ‘‘systemic viola- about 2 million refugees that are scat- not like we think of mountainous re- tered all throughout this region. I gions. It is straight up and down. There tion.’’ What is a systemic violation? think it is closer to 3 million. When I is no way you could have even any kind The administration speaks in vague was over there, they were identifying of a light armored vehicle penetrate terms about this. They say if you take close to 3 million refugees, but let us and travel through those roads, leave the Croats or take the Serbs or take be conservative and say 2 million refu- alone 120 M1 tanks they are talking the Moslems as the three major fac- gees. These are people who have been about bringing from Hungary, down tions, and if it is obvious that one fac- driven from their homes—a second across the Posavina corridor and into tion is going to break the peace accord group of people. These people were the Tuzla area. Once they go into the that we assume is going to be signed driven from their homes. When they Tuzla area, the terrain will not allow and is going to be acknowledged, then hear there is a peace accord, what does them to go any further. that would constitute a systemic viola- that mean to a refugee? It means he We have seen articles, many of which tion. can go home. I have here, published recently about Well, we already know that there are So what happens to those people? Are the mines, about the roads. They talk nine or perhaps more rogue elements they Serbs? Are they Bosnian Serbs? about the roads coming down from out there. How is our soldier, who has Are they Moslems? Are they Croats? Hungary into the Tuzla area where 120 been trained over in Germany to fight We do not know. And it does not really M1 tanks—there is only one bridge in in this type of terrain, how is this sol- matter what they are because they are the entire area that is going to be able dier who is fired upon going to know going to become rogue elements. Our to hold up an M1 tank. Up in Tuzla, whether that firepower is coming from intelligence community has already General Haukland, a Norwegian gen- the Croats, the Serbs, the Moslems or identified nine rogue elements. We eral who was in charge up there, said is coming from some irate families who have the Iranians; the mujaheddin; we that another element that you are do not want to leave their homes or know they are in there right now; we going to have hostile are the very peo- from some refugees who want to go have the Black Swans which are most- ple we are supposedly trying to protect home or the Black Swans or the Arkan ly Moslems; we have the Arkan Tigers; and trying to achieve peace for. Those Tigers or the mujaheddin? we have special forces. are the individuals who will be mad be- This is the problem we have here. No- So, Mr. President, we are not dealing cause we have torn the roads up, the body can answer these questions. And with three people sitting around a same roads they need for commerce yet systemic violation means we pick table in Dayton, OH, agreeing about and freedom of movement. up our toys and go home. And what is what they are going to do. I seriously I have never seen a proposed mission going to happen on the road home? The doubt that the star of that show, the as doomed for failure as this one. We do same thing that you are seeing over one who was supposed to be the most not know who the enemy is. We are here as we are making a trans- difficult to swing into a peace posture, dealing with the mentality of people formation from a U.N. peacekeeping Milosevic, is really speaking on behalf who fire on their own troops, murder operation to a NATO operation that of those Serbs in Bosnia because those their own people so they can blame has not been well-defined. They are fir- people are considered Bosnian Serbs, somebody else. I do not know why any- ing on so-called ‘‘peacekeeping’’ and they consider themselves to be one would not come to the conclusion troops. And we are not really sure who independent. that, if you are going to fire on your will be firing on our troops. Now, if it S 17760 CONGRESSIONAL RECORD — SENATE November 29, 1995 could happen now during a cease-fire, this Senate so that he will put us in a The PRESIDING OFFICER. Without it certainly can happen later. I have position of voting against our troops objection, it is so ordered. been disturbed for 2 years about this that are on the ground, which he knows f because 2 years ago—and I do not think we do not want to do. And so he is SAFE DRINKING WATER ACT it served any useful purpose—when I holding us hostage in Congress. AMENDMENTS was serving in the other body, serving One thing we have not talked about on the House Armed Services Commit- is the cost of all of this. Talk about The Senate continued with the con- tee, one of the top individuals came in being held hostage. We have gone sideration of the bill. and said that one of the first things through these humanitarian gestures AMENDMENT NO. 3073 that President Clinton said when he in Sarajevo and Haiti and all the rest Mr. KEMPTHORNE. Mr. President, I came into office was that he wanted to of the things that are part of President send to the desk an amendment for im- do airdrops into Bosnia. And I asked Clinton’s foreign policy. And while we mediate consideration on behalf of the question, in this closed meeting at do not authorize them, they come Senators THOMAS and SIMPSON. that time—it is all right to talk about around later and say now we have to The PRESIDING OFFICER. The it now—I said, ‘‘Well, let me ask you a have an emergency supplemental ap- clerk will report. question. They have been fighting over propriation. We passed one out of this The bill clerk read as follows: there with all these rogue elements, body a few weeks ago for $1.4 billion. The Senator from Idaho [Mr. with all these factions. How do you And that was for the things that were KEMPTHORNE], for Mr. THOMAS, for himself, know, if we are dropping our stuff in taking place in Haiti and Somalia. And and Mr. SIMPSON, proposes an amendment there, if it will be in the hands of the those were exercises that we opposed in numbered 3073. good guys instead of the bad guys?’’ a bipartisan way in both the House and Mr. KEMPTHORNE. Mr. President, I The answer of this official was, ‘‘Well, the Senate. ask unanimous consent that the read- we don’t know.’’ Then he hesitated and So I anticipate that if the President ing of the amendment be dispensed looked over and said, ‘‘You know, I’m is successful, as it appears he is going with. not sure we know who the good guys to be—it may be a fait accompli. The PRESIDING OFFICER. Without and the bad guys are.’’ Maybe it has already happened. Maybe objection, it is so ordered. We have clearly taken sides. We are we cannot stop it. So our troops are The amendment is as follows: now saying that we are in a peace im- going to be sent out over there, not On page 7, line 23 after ‘‘the State).’’, add plementation posture where we are 20,000, not 25,000; we know it will be the following: ‘‘Provided further, in supposed to be neutral. We are going in closer to 40,000 or 50,000, at least. Then nonprimacy States, the Governor shall de- with a NATO force that is declared to we will be faced one of these days with termine which State agency will have the be neutral, yet we have taken sides a supplemental appropriation request authority to establish assistance priorities for financial assistance provided with clearly against the Serbs. That is for not $1.5 billion but for, according to amounts deposited into the State loan fund.’’ where our air attacks have gone. I the Heritage Foundation and some think it would be very difficult for us other groups, somewhere between $3 Mr. KEMPTHORNE. Mr. President, to go in and say we are truly neutral in billion and $6 billion. this amendment simply clarifies that this case. It means if we do not then appro- for a State that does not have primacy I guess the reason that I am going to priate that in an emergency supple- to manage its drinking water program, continue talking about this for as long mental appropriation, it is going to the Governor, rather than a State as we are in session is that each hour come out of the military budget. And agency, will have authority to estab- that goes by, Mr. President, we become we are already operating our military lish priorities for the use of the State more in peril. More of our American on a budget that is of the level of 1980, revolving loan fund. This is applicable lives are endangered because, as we are when we could not afford spare parts. to Wyoming, which does not have pri- speaking today, they are taking the So, Mr. President, I want to impress macy. troops—the troops that have been upon this body that the war is not over This amendment has been cleared by trained and the advanced troops who over there, that they are killing people both sides of the aisle, and I ask for its are going in for logistics purposes—and today as we speak, that all this hos- adoption. they have already been deployed from tility is taking place in these areas, The PRESIDING OFFICER. Is there Germany up to Hungary, down south along with all we know about in the further debate on the amendment? If toward the Tuzla area that has been as- sector referred to as the northeast U.N. not, the question is on agreeing to the signed to us, having to go through such sector where we will have our troops. amendment. hostile areas as this part of Croatia, I have been up there. I do not think So the amendment (No. 3073) was this part of Serbia and, of course, the there is one person so far who has been agreed to. Posavina corridor which we already north of Sarajevo and up through Tuzla Mr. KEMPTHORNE. Mr. President, I talked about. who says that we should send young move to reconsider the vote by which That means that if it is an hour after American lives into that area. I have the amendment was agreed to. this or a day after this, there are going never personally seen any more hostile Mr. GREGG. I move to lay that mo- to be several more—how many are area in my life. I have never seen any- tion on the table. there right now? I am embarrassed to thing that looks like that. The motion to lay on the table was tell you, Mr. President, I do not know. There is no way we can use the ar- agreed to. I am a Member of the U.S. Senate. I am mored vehicles. And it is very easy to AMENDMENT NO. 3074 a member of the Senate Armed Serv- understand now, in studying our his- Mr. KEMPTHORNE. Mr. President, I ices Committee. I am a member of the tory of World War II, how the former send to the desk an amendment on be- Senate Intelligence Committee, and Yugoslavia was able to, at a ratio of 1 half of Senator BOND and ask for its yet I do not know. And it is a highly to 8, hold off the very finest that Hitler immediate consideration. guarded secret. had because of this very unique area of The PRESIDING OFFICER. The We read different articles in the cliffs and caves, this hostile environ- clerk will report the amendment. newspapers about how many are over ment, where the President of the Unit- The bill clerk read as follows: there. We hear calls from people at ed States is sending our young soldiers. The Senator from Idaho [Mr. home that say that they have heard Mr. President, I suggest the absence KEMPTHORNE], for Mr. BOND, proposes an from their son or daughter who is being of a quorum. amendment numbered 3074. deployed or was deployed 2 or 3 days The PRESIDING OFFICER. The Mr. KEMPTHORNE. Mr. President, I ago. And there is no way of knowing. clerk will call the roll. ask unanimous consent that the read- But we do know this: That the clear The legislative clerk proceeded to ing of the amendment be dispensed strategy of the President of the United call the roll. with. States is to get as many American Mr. KEMPTHORNE. Mr. President, I The PRESIDING OFFICER. Without troops over there as possible before ask unanimous consent that the order objection, it is so ordered. there is any vote that takes place in for the quorum call be rescinded. The amendment is as follows: November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17761

On page 111, line 22, insert: ‘‘except that The PRESIDING OFFICER. Without consent that Senators KYL and FEIN- the Administrator may provide for an exten- objection, it is so ordered. STEIN be added as original cosponsors sion of not more than 2 years if, after sub- Mr. KEMPTHORNE. Mr. President, I to Senator DOMENICI’s amendment. mission and review of appropriate, adequate move to reconsider the vote by which The PRESIDING OFFICER. Without documentation from the State, the Adminis- the amendment was agreed to, and I objection, it is so ordered. trator determines that the extension is nec- Mr. SMITH. Mr. President, in the essary and justified’’. move to lay that motion on the table. The motion to lay on the table was 1994 elections, Americans demanded a Mr. KEMPTHORNE. Mr. President, smaller, smarter Federal Government this amendment clarifies that the Ad- agreed to. Mr. KEMPTHORNE. Mr. President, I and a more rational, cost-effective sys- ministrator may grant up to a 2-year tem of regulation. While Americans do extension to a State that needs addi- suggest the absence of a quorum. The PRESIDING OFFICER. The not want to compromise on public tional time to issue drinking water health protection, they do want an as- standards in compliance with this act. clerk will call the roll. The bill clerk proceeded to call the surance that the public health and en- This authority is discretionary. States roll. vironmental protection dollars are must show that the extension is nec- Mr. CHAFEE. Mr. President, I ask being spent wisely. That is why Fed- essary and justified. eral and State Governments must This amendment also has been unanimous consent that the order for the quorum call be rescinded. prioritize and target scarce resources cleared on both sides of the aisle. I ask toward reducing health threats based for its adoption. The PRESIDING OFFICER. Without objection, it is so ordered. on actual or likely risks. This concept The PRESIDING OFFICER. Is there makes sense and is supported by public AMENDMENT NO. 3074, AS MODIFIED further debate on the amendment? If health agencies as well as the scientific Mr. CHAFEE. Mr. President, I ask not, the question is on agreeing to the community. amendment. unanimous consent that amendment There are several environmental So the amendment (No. 3074) was No. 3074, previously agreed to, be modi- statutes that, although they were en- agreed to. fied with the changes I have sent to the acted with the best of intentions, have Mr. KEMPTHORNE. Mr. President, I desk. been unworkable in their implementa- move to reconsider the vote by which The PRESIDING OFFICER. Is there tion and enforcement—the Safe Drink- the amendment was agreed to, and I objection? ing Water Act being one of them. No move to lay that motion on the table. Without objection, it is so ordered. one disputes the importance of preserv- The motion to lay on the table was The amendment (No. 3074), as modi- ing this public health statue. However, agreed to. fied, is as follows: there are reforms that need to be made. AMENDMENT NO. 3075 On page 112, line 2, before the first semi- At the same time, this Congress is not (Purpose: To require that the needs of Native colon, insert the following: ‘‘except that the here to gut any environmental laws, as villages in the State of Alaska for drinking Administrator may provide for an extension some national environmental organiza- water treatment facilities be surveyed and of not more than 2 years if, after submission assessed as part of the State survey and as- and review of appropriate, adequate docu- tions would have the public believe— sessment) mentation from the State, the Adminis- our goal is to make them work more Mr. KEMPTHORNE. Mr. President, I trator determines that the extension is nec- effectively for the benefit of all our send to the desk on behalf of Senator essary and justified’’. citizens. When we talk about the issue of un- MURKOWSKI an amendment and ask for Mr. CHAFEE. Mr. President, the Sen- funded Federal mandates, the Safe its immediate consideration. ator from New York, Senator MOY- Drinking Water Act is regarded by The PRESIDING OFFICER. The NIHAN, has long been a driving force in clerk will report the amendment. attempting to have the Environmental many State and local governments as The bill clerk read as follows: Protection Agency set its priorities the king of unfunded mandates. It is particularly burdensome on economi- The Senator from Idaho [Mr. KEMP- based on good science. He is the author THORNE], for Mr. MURKOWSKI, for himself, Mr. of a bill to accomplish this. That bill cally distressed communities and those STEVENS, Mr. CHAFEE, Mr. KEMPTHORNE, Mr. was the basis for section 28 in the legis- with a small or diminishing tax base. While the issue of Federal mandates BAUCUS and Mr. REID, proposes an amend- lation that we are considering today. ment numbered 3075. is not new, the level of concern among Although we have agreed to drop sec- municipal governments has risen dra- Mr. KEMPTHORNE. Mr. President, I tion 28 from this bill, I want to assure matically in recent years, and with ask unanimous consent that the read- the Senator from New York that we ing of the amendment be dispensed good reason. According to a report by will continue to work with him and the Congressional Budget Office, the with. other interested Senators on this mat- The PRESIDING OFFICER. Without number of Federal mandates is increas- ter. objection, it is so ordered. ing while Federal aid to State and local Personally, I have agreed with Sen- The amendment is as follows: governments for categories other than ator MOYNIHAN that because he was welfare has been falling on a per capita On page 28, line 3, before the period, insert generous enough and gracious enough ‘‘(including, in the case of the State of Alas- basis since 1978. Contributing to the ka, the needs of Native villages (as defined in to agree to the dropping of section 28, mandate burden is the insufficient section 3(c) of the Alaska Native Claims Set- that as chairman of the Environment flexibility in Federal regulations. tlement Act (43 U.S.C. 1602(c)))’’. and Public Works Committee I will Last year’s Safe Drinking Water bill Mr. KEMPTHORNE. Mr. President, present to the committee section 28 as represented a major improvement over this amendment simply clarifies that a freestanding bill. We have agreed we existing law, especially through the the needs of Native Alaska villages will will have a hearing on this, and I will elimination of the arbitrary require- be counted for purposes of determining seek to have legislation approved by ment that EPA regulate 25 contami- the State of Alaska’s share of the State the committee as quickly as possible. nants every 3 years. This year’s pro- revolving loan fund. In addition, Senator JOHNSTON has posed modifications, however, fine tune This amendment also has been some views on this matter, and we the statue’s ability to achieve congres- cleared on both sides of the aisle, and I would invite him to testify at that sional objectives of providing more ask for its adoption. hearing. My goal would be to hold a flexibility and authority to State and The PRESIDING OFFICER. Is there hearing in the next few weeks, and my local governments, lessening the bur- further debate? If not, the question is hope is we could proceed to report a den of Federal mandates and on agreeing to the amendment. new freestanding bill shortly there- prioritizing resources according to So the amendment (No. 3075) was after. risk—thereby achieving greater public agreed to. Mr. President, earlier I presented an health protection. Mr. KEMPTHORNE. Mr. President, I amendment on behalf of Senator DO- I support the efforts of Senators ask unanimous consent that the MENICI in connection with providing as- KEMPTHORNE and CHAFEE in reaching amendment reflect that it is both Sen- sistance to those villages located on an agreement with other committee ator MURKOWSKI and Senator STEVENS the United States-Mexican border members on a Safe Drinking Water re- as cosponsors. known as colonias. I ask unanimous form bill. I have been closely involved S 17762 CONGRESSIONAL RECORD — SENATE November 29, 1995 in negotiating many of its provisions, amendment, community right to know, cooperation and collaboration in including: a more reasonable radon and following the conclusion or yield- school? Do we respect and recognize standard that will save New England ing back of time, the Senate proceed to the opinions of young people? Do we water suppliers and their ratepayers vote on or in relation to the Boxer promote goal setting based on interests millions of dollars without compromis- amendment without any intervening and abilities? ing public health; and the authoriza- action or amendment. How we answer these questions with tion of five small system water tech- The PRESIDING OFFICER. Without regard to young people with disabil- nology centers at academic institu- objection, it is so ordered. ities is a barometer. If young people tions around the country to assist in f with disabilities are exposed to the ex- developing and testing affordable periences of their peers, if we help PRIVILEGE OF THE FLOOR treatment technologies for small sys- them become a valued member of their tems. One of these centers I hope will Mr. HARKIN. Mr. President, I ask peer group, if we take into account be established at the University of New unanimous consent that Tom Irvin, a their choices, and if we help them be- Hampshire, which has extensive knowl- legislative fellow in my subcommittee, come the best they can be, they and edge and experience in water tech- be permitted privileges of the floor their nondisabled friends learn a valu- nology. during my statement. able lesson. They learn that adults So today, Mr. President, I am pleased The PRESIDING OFFICER. Without care, that we are fair, and that we can that the Senate is giving approval of objection, it is so ordered. be trusted. these much needed reforms to the Safe f My good friend from Iowa and I re- Drinking Water Act. This bill received THE 20TH ANNIVERSARY OF IDEA leased the first draft of the authoriza- the unanimous support of the Environ- tion bill for IDEA on November 20. As Mr. FRIST. Mr. President, I rise to ment and Public Works Committee, of we developed the draft, we were always acknowledge the 20th anniversary of which I am a member, as well as the conscious of these young people and the Individuals With Disabilities Edu- coalition representing State and mu- their future. cation Act [IDEA]. nicipal government and public water We have spent many months reading It is important to pause today and supply community. I now urge the and talking to people about how to recognize the impact that this law has House to act expeditiously on its reau- best serve children with disabilities had on the lives of millions of children thorization bill so that our commu- through IDEA. Five major principles with disabilities and their families dur- nities can soon receive the regulatory influenced our drafting efforts. ing the last two decades. Through this relief and financial assistance they First, children with disabilities and need. law we deliver on a timeless simple promise—every child with a disability their families should be the central AMENDMENT NO. 3076 shall have a free appropriate public focus of our drafting efforts. (Purpose: To strike the provisions with Second, if a provision in IDEA works, respect to comparative risk assessment) education—no more, no less. The Senate Subcommittee on Dis- don’t undo it. Mr. CHAFEE. Mr. President, I just ability Policy, which I chair, is in- Third, add incentives that encourage referred to the fact that we would be volved in the reauthorization of IDEA. schools to serve children, based on dropping section 28 from the bill in ac- As the new chairman of the sub- needs, not because of disability labels. cordance with an agreement with Sen- committee, I wanted to get the facts Fourth, add incentives that encour- ator MOYNIHAN and others. before we began the reauthorization age and prepare schools to include chil- I now send to the desk an amendment process. The subcommittee held four dren with disabilities in schoolwide in- to accomplish that, and I ask for its hearings on the law in May and July of novation, reform efforts, and assess- immediate consideration. ments of student progress. The PRESIDING OFFICER. The this year. The first hearing on May 9, which I cochaired with my friend from Fifth, clearly link discretionary pro- clerk will report. grams to the State grant programs, so The bill clerk read as follows: California, Mr. CUNNINGHAM of the other body, was a joint congressional that discretionary grants help edu- The Senator from Rhode Island [Mr. hearing on the 20th anniversary of cators educate children with disabil- CHAFEE], for himself, Mr. KEMPTHORNE, Mr. ities and help families contribute in BAUCUS, and Mr. REID, proposes an amend- IDEA. ment numbered 3076. During the course of that hearing we meaningful ways to the educational Beginning on page 179, line 16, strike sec- heard from Members who were original process of their children. tion 28 of the bill and renumber subsequent cosponsors of the legislation in 1975, We have done what we set out to do. sections accordingly. judges and attorneys involved with the We have crafted a bill that will take us The PRESIDING OFFICER. The landmark court cases that served as into the next century, a bill that cele- question is on agreeing to the amend- catalysts for IDEA, and former con- brates the legacy established 20 years ment. gressional staff and advocates for chil- ago today, a bill that gives parents and The amendment (No. 3076) was agreed dren with disabilities, who facilitated educators the tools they need to help to. its historic passage. young people with disabilities succeed, Mr. CHAFEE. I move to reconsider That hearing sent a valuable message and a bill that delivers on that time- the vote. to students with disabilities, their fam- less simple promise—a free appropriate Mr. KEMPTHORNE. I move to lay it ilies, and educators. Members of Con- public education for each child with a on the table. gress have a longstanding interest in disability. The motion to lay on the table was assuring a free appropriate public edu- Such an education is an investment agreed to. cation and early intervention services in people whose hopes, opportunities, Mr. CHAFEE. Mr. President, I sug- for infants, toddlers, children, and and achievements are dependent on us. gest the absence of a quorum. youth with disabilities. Designing and As we proceed with the reauthorization The PRESIDING OFFICER. The sustaining the Federal role in assisting process, I urge my colleagues to join clerk will call the roll. States with these responsibilities is me in celebrating a law that works, a The assistant legislative clerk pro- founded on bipartisan cooperation. law that endures, a law that is most ceeded to call the roll. There are many challenges that face necessary. Although the difference it Mr. CHAFEE. Mr. President, I ask America’s young people: What to has made may be measured in dollars unanimous consent that the order for choose for a life’s work, how to evalu- and judged in terms of children served, the quorum call be rescinded. ate advice, how to judge one’s own its impact is more pervasive, more The PRESIDING OFFICER. Without progress, and how to define personal powerful. Services it funds have lead to objection, it is so ordered. satisfaction and happiness. Their ap- words read, concepts understood, steps UNANIMOUS-CONSENT AGREEMENT proach to these questions will be col- taken, and words spoken—often for the Mr. CHAFEE. Mr. President, I ask ored by the behavior of adults around first time. As such experiences are re- unanimous consent that there be 40 them. Do we celebrate individual abili- peated, young people with disabilities minutes equally divided on the Boxer ties and differences? Do we encourage develop pride and increased confidence November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17763 in their achievements. IDEA is defi- The education I am receiving is preparing mentary aids and services cannot be nitely a law worth recognizing, cele- me for a real future. Without IDEA, I am achieved satisfactorily. brating, and preserving. convinced I would not be receiving the qual- We have also learned that students ity education that Urbandale High School f with disabilities achieve at signifi- provides me. cantly higher levels when schools have 20TH ANNIVERSARY OF PUBLIC Mr. President, these are not isolated high expectations—and establish high LAW 94–142, THE EDUCATION FOR statements from a few parents in Iowa. goals—for these students, ensure their ALL HANDICAPPED CHILDREN They are reflective of the general feel- access to the general curriculum— ACT OF 1975. ing about the law across the country. whenever appropriate—and provide The National Council on Disability Mr. HARKIN. Mr. President, today them with the necessary services and [NCD] recently conducted 10 regional marks the 20th anniversary of the sign- supports. And there is general agree- meetings throughout the Nation re- ing of Public Law 94–142, the Education ment that including children with dis- garding progress made in implement- abilities in general State and district- for All Handicapped Children Act, now ing the IDEA over the past 20 years. In wide assessments is an effective ac- known as Part B of the Individuals its report, NCD stated that ‘‘in all of countability mechanism and a critical with Disabilities Education Act the 10 regional hearings * * * there strategy for improving educational re- [IDEA]. were ringing affirmations in support of sults for these children. On that fall day two decades ago, we IDEA and the positive difference it has Our experience over the past 20 years literally changed the world for millions made in the lives of children and youth has underscored the fact that parent of children with disabilities. At that with disabilities and their families.’’ participation is a crucial component in time, over 1 million children with dis- The report adds that ‘‘all across the the education of children with disabil- abilities in the United States were ex- country witnesses told of the tremen- ities, and parents should have mean- cluded entirely from the public school dous power of IDEA to help children ingful opportunities, through appro- system, and more than half of all chil- with disabilities fulfill their dreams to priate training and other supports, to dren with disabilities were not receiv- learn, to grow, and to mature.’’ participate as partners with teachers ing appropriate educational services. Anniversaries are a time to cele- and other school staff in assisting their On that day, we exclaimed that the brate; but they are also a time to re- children to achieve to high standards. days of exclusion, segregation, and de- flect. So, as we look back on the enact- And we also know how critical it is for nial of education of disabled children ment of IDEA, we must also step back school administrators to have the tools are over in this country. and ask some basic questions: Has the they need to ensure school environ- On that day we sent a simple, yet IDEA resulted in full equality of edu- ments that are safe and conducive to powerful message heard around the cational opportunity for all children learning. world: disability is a natural part of a with disabilities? Should we be satis- There is general agreement today at child’s experience that in no way di- fied with the educational outcomes we all levels of government that State and minishes the fundamental right of a are achieving; can we do better? local educational agencies must be re- disabled child to receive a free and ap- From the four hearings held by the sponsive to the increasing racial, eth- propriate public education. Subcommittee on Disability Policy, it nic, and linguistic diversity that pre- On that day, we also sent a powerful is clear to me that major changes in vails in the Nation’s public schools message that families count and they today. Steps must be taken to ensure IDEA are not needed nor wanted. IDEA must be treated as equal partners in that the procedures used for referring is as critical today as it was 20 years the education of their children. and evaluating children with disabil- ago, particularly the due process pro- On that day we lit a beacon of hope ities include appropriate safeguards to tections. These provisions level the for millions of children with disabil- prevent the over- or under-identifica- playing field so that parents can sit ities and their families. tion of minority students requiring down as equal partners in designing an Since the enactment of Public Law special education. Services, supports, education for their children. 94–142, considerable progress has been and other assistance must be provided The witnesses at these hearings did made in fulfilling the message that was in a culturally competent manner. And make clear, however, that we need to conveyed by the Congress in 1975. greater efforts must be made to im- fine-tune the law, in order to make Today, 20 years later, every State prove post-school results among minor- sure that children with disabilities are now ensures a free appropriate public ity students with disabilities. not left out of educational reform ef- education to all children with disabil- The basic purposes of Public Law 94– forts that are now underway, and to ities between the ages of 3 and 18, and 142 must be retained under the pro- take what we have learned over the most States extend that provision posed reauthorization of IDEA: To as- past 20 years and use it to update and through age 21. Over 5 million children sist States and local communities meet improve this critical law. with disabilities are now receiving spe- their obligation to ensure that all chil- Based on 20 years of experience and cial education and related services. dren with disabilities have available to research in the education of children And all States now provide early inter- them a free appropriate public edu- with disabilities, we have reinforced vention services to infants and toddlers cation that emphasizes special edu- our thinking and knowledge about with disabilities from birth through cation and related services designed to what is needed to make this law work, age two and their families. meet the unique needs of these children and we have learned many new things Today, the beacon of hope is burning and enable them to lead productive that are important if we are to ensure bright. As one parent from Iowa re- independent adult lives; to ensure that an equal educational opportunity for cently told me: the rights of children with disabilities all children with disabilities: and their parents are protected; and to Thank God for IDEA. IDEA gives us the For example, our experience and assess and ensure the effectiveness of strength to face the challenges of bringing knowledge over the past 20 years have up a child with a disability. It has kept our efforts to educate children with dis- family together. Because of IDEA our child reaffirmed that the provision of quality abilities. is achieving academic success. He is also education and services to children with We also need to expand those pur- treated by his nondisabled peers as ‘‘one of disabilities must be based on an indi- poses to promote the improvement of the guys.’’ I am now confident that he will vidualized assessment of each child’s educational services and results for graduate high school prepared to hold down unique needs and abilities; and that, to children with disabilities and early a job and lead an independent life. the maximum extent appropriate, chil- intervention services for infants and In May, Danette Crawford, a senior dren with disabilities must be educated toddlers with disabilities—by assisting at Urbandale High School in Des with children who are not disabled and or supporting systems change initia- Moines testified before the Disability children should be removed from the tives by State educational agencies in Policy Subcommittee. Danette, who regular educational environment only partnership with other interested par- has cerebral palsy, testified that: when the nature and severity of the ties, coordinated research and person- My grade point average stands at 3.8 and I disability is such that education in reg- nel preparation, and coordinated tech- am enrolled in advanced placement courses. ular classes with the use of supple- nical assistance, dissemination, and S 17764 CONGRESSIONAL RECORD — SENATE November 29, 1995 evaluation, and technology develop- over the country, a country in which Mr. President, thank you. I yield the ment and media services. the effects are quite different. Cer- floor. The progress that has been made over tainly some of the small towns in Wyo- Mr. KEMPTHORNE addressed the the past 20 years in the education of ming have different problems than Chair. children with disabilities has been im- Pittsburgh or Los Angeles, and one of The PRESIDING OFFICER. The Sen- pressive. However, it is clear that sig- the efforts we have to make is to make ator from Idaho. nificant challenges remain. We must it flexible enough to reflect that. I Mr. KEMPTHORNE. Mr. President, I ensure that this crucial law not only think this bill does that. Overregula- thank the Senator from Wyoming for remains intact as the centerpiece for tion, certainly, has been on the minds his statement on the floor, and I also ensuring equal educational opportunity of most people. It is much on the minds thank him for his great support in the for all children with disabilities, but of the people I talk to in Wyoming. Environment and Public Works Com- also that it is strengthened and up- People are weary of the top-down kinds mittee. We are very happy to have him dated to keep current with the chang- of regulations, that one-size-fits-all as a cosponsor, and his addition to that ing times. sort of thing. It is difficult to deal with committee on behalf of the voices of In closing, Mr. President, I would that. I think this bill attempts to do small town America and rural commu- like to quote Ms. Melanie Seivert of that and does so in a very effective nities is extremely helpful. We thank Sibley IA, who is the parent of Susan, way. him. a child with Downs Syndrome. She The Safe Drinking Water Act, as it Mr. CHAFEE addressed the Chair. states: has been, has been an example of the The PRESIDING OFFICER. The Sen- old approach, regulating substances Our ultimate goal for Susan is to be edu- ator from Rhode Island. cated academically, vocationally, [and] in that do not even occur in drinking Mr. CHAFEE. I also want to thank life-skills and community living so as an water and do not pose a risk in particu- the distinguished Senator from Wyo- adult she can get a job and live her life with lar areas. I always think of the efforts ming for his kind comments and for his a minimum of management from outside we made in Pinedale, WY, which has a help on this legislation. He is a very help. Through the things IDEA provides * ** water supply. There is a very deep lake valuable member of our committee, we will be able to reach our goals. that is close. Even though the testing and we appreciate everything he has Does it not make sense to give all children would show that water was of excellent done to help with this. the best education possible? Our children quality, they were, at least ostensibly, need IDEA for a future. AMENDMENT NO. 3077 required to invest a great deal of their Mr. CHAFEE. Mr. President, on be- Mr. President, IDEA is the shining taxpayers’ money to do some things half of myself, Senators KEMPTHORNE, light of educational opportunity. And, that probably were not necessary. BAUCUS, REID, D’AMATO, and MOY- on this the 20th anniversary of the So people have asked for change and NIHAN, I send to the desk a printed IDEA, we in the Congress must make a new direction. The principle guiding amendment and ask for its immediate sure that the light continues to burn this change is common sense. That is consideration. bright. We still have promises to keep. what I think we seek to do here, and The PRESIDING OFFICER. The Mr. President, I yield the floor and the sponsors of the bill have done so, I clerk will report. suggest the absence of a quorum. think, successfully. It injects much- The assistant legislative clerk read The PRESIDING OFFICER. The needed common sense into the regu- as follows: clerk will call the roll. latory process while doing a better job The Senator from Rhode Island (Mr. The assistant legislative clerk pro- at protecting public health. CHAFEE), for himself, and Mr. KEMPTHORNE, ceeded to call the roll. The current mandate that 25 con- Mr. BAUCUS, Mr. REID, Mr. D’AMATO and Mr. Mr. THOMAS. Mr. President, I ask taminants be regulated every 3 years MOYNIHAN proposes an amendment numbered unanimous consent that the order for regardless of whether there is a risk is 3077. the quorum call be rescinded. repealed. The risk assessment is in- Mr. CHAFEE. Mr. President, I ask The PRESIDING OFFICER. Without serted into the process. States’ roles unanimous consent that reading of the objection, it is so ordered. are increased. Water systems are able amendment be dispensed with. f to focus their efforts and their re- The PRESIDING OFFICER. Without sources monitoring contaminants that objection, it is so ordered. SAFE DRINKING WATER ACT actually occur in the systems. And The amendment is as follows: AMENDMENTS that is good. In a word, the bill shat- On page 168, line 7, strike ‘‘GROUND WATER The Senate continued with the con- ters the status quo. PROTECTION’’ and insert ‘‘WATERSHED AND I again thank the sponsors for their sideration of the bill. GROUND WATER PROTECTION’’. attention to a State like Wyoming, Mr. THOMAS. Mr. President, we are On page 173, after line 7, insert the follow- which is different—small towns, dif- ing: in the process of talking about the Safe ferent sources. So we have worked ‘‘(g) WATERSHED PROTECTION DEMONSTRA- Drinking Water Act now, I understand? closely with Senators KEMPTHORNE and TION PROGRAM.— The PRESIDING OFFICER. The Sen- ‘‘(1) The heading of section 1443 (42 U.S.C.) CHAFEE to ensure that our commu- ator is correct. is amended to read as follows: nities did have the opportunity to take Mr. THOMAS. Good. I would like to ‘‘grants for state and local programs advantage of the funding mechanisms do that. ‘‘(2) Section 1443 (42 U.S.C.) is amended by and the regulatory relief that this bill adding at the end thereof the following: Mr. President, I want to speak in be- provides. I thank them for that. ‘‘(e) WATERSHED PROTECTION DEMONSTRA- half of this bill. I think it is one that In addition, the small systems, as de- TION PROGRAM.— is very important to all of us, certainly fined in this bill as those serving under ‘‘(1) IN GENERAL.— important to my State. I congratulate 10,000, will be given special consider- ‘‘(A) ASSISTANCE FOR DEMONSTRATION Senator KEMPTHORNE and Senator PROJECTS.—The Administrator is authorized ation when seeking ways to comply to provide technical and financial assistance CHAFEE and Senator BAUCUS for the with the regulations. hard work and long time that has gone to units of State or local government for The bill is not perfect, of course, and projects that demonstrate and assess innova- into it. This is an important bill. It has there has been a great deal of effort tive and enhanced methods and practices to been very long in coming. Last year in going on each day, and some things develop and implement watershed protection the House we worked on this bill. I needed to be changed. But overall the programs including methods and practices think it reflects a good deal of bill is an excellent one, and is an effort that protect both surface and ground water. thoughtful consideration. Therefore, I that will reduce the cost to local com- In selecting projects for assistance under believe it deserves the support of Mem- munities, municipalities but allowing this subsection, the Administrator shall give bers of this Senate. them to protect effectively. priority to projects that are carried out to It has been an inclusive process in So I urge my colleagues to support satisfy criteria published under section 1412(b)(7)(C) or that are identified through which many people with many inter- the bill. I hope the other body will act programs developed and implemented pursu- ests have been involved. It is important quickly, and the President will support ant to section 1428. that be the case. We are talking here our efforts. This bill is needed and we ‘‘(B) MATCHING REQUIREMENTS.—Federal as- about a program that affects us all ought to move forward, and I urge that. sistance provided under this subsection shall November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17765 not exceed 35 percent of the total cost of the Senator KEMPTHORNE for accepting this Specifically, the city expects to in- protection program being carried out for any crucial amendment—an amendment crease its landholdings in the water- particular watershed or ground water re- that will protect the drinking water of shed threefold spending a minimum of charge area. 9 million persons. $260 million for purchases in the most ‘‘(2) NEW YORK CITY WATERSHED PROTECTION New York City is home to our Na- sensitive areas from willing sellers. PROGRAM.— ‘‘(A) IN GENERAL.—Pursuant to the author- tion’s largest unfiltered surface water Also, the city will spend close to $400 ity of paragraph (1), the Administrator is au- supply delivering 1.5 billion gallons per million on water quality protection thorized to provide financial assistance to day. It is also, arguably, our Nation’s programs in the watershed commu- the State of New York for demonstration best drinking water. To many, it would nities in addition to the programs re- projects implemented as part of the water- seem implausible that our Nation’s quired to be undertaken by EPA for the shed program for the protection and en- largest city could have such high qual- city to avoid filtration. Also, a new re- hancement of the quality of source waters of ity water and not require extensive fil- gional watershed council will be cre- the New York City water supply system. ated to serve in an advisory role. The Demonstration projects which shall be eligi- tration. However, extensive measures ble for financial assistance shall be certified have been taken over the years to en- city will continue its plans to spend to the Administration by the State of New sure the purity of New York City’s over $600 million in already committed York as satisfying the purposes of this sub- water. funds to build a filtration plant for the section and shall include those projects that New York City’s watershed actually Croton watershed. Finally, the New demonstrate, assess, or provide for com- consists of three distinct geographic York State Department of Health will prehensive monitoring, surveillance, and re- areas that cover some 1,900 square approve and promulgate new watershed search with respect to the efficacy of phos- miles in 8 counties in New York regulations to replace the existing out- phorus offsets or trading, wastewater diver- State—an area approximately the size dated regulations. sion, septic system siting and maintenance, of Rhode Island. Due to an act of the By undertaking these activities, the innovative or enhanced wastewater treat- city of New York will avoid the con- ment technologies, innovative methodolo- New York Legislature in 1907, and fur- gies for the control of stormwater runoff, ther amendments in 1953, New York struction of a filtration system for the urban, agricultural, and forestry best man- City has been able to regulate activi- Catskill/Delaware watershed costing agement practices for controlling nonpoint ties that affect water quality in the upwards of $8 billion. The construction source pollution, operator training, compli- watershed area. This capability caused of such massive filtration plants would ance surveillance and that establish water- its share of suspicion among farmers, have likely dramatically increased shed or basin-wide coordinating, planning or homeowners, and local elected officials water payments for each household in governing organizations. New York City. In certifying projects to the Administra- in the upstate watershed. As one might suspect, these individuals did not nec- While this historic agreement will tion, the State of New York shall give prior- lay the groundwork for the protection ity to those monitoring and research essarily appreciate the city having a of New York’s watershed, it will only projects that have undergone peer review. say as to how they could utilize their ‘‘(C) REPORT.—Not later than 5 years after land. be successful if effective and sophisti- the date on which the Administrator first With development creeping out of the cated monitoring is in place. It would provides assistance pursuant to this para- metropolitan area and into the water- not be fiscally wise to spend over $1 bil- graph, the Governor of the State of New shed area, many became concerned lion without an ability to determine York shall submit a report to the Adminis- whether the protection efforts are trator on the results of projects assisted. about the consequences of such growth on water quality. Echoing that con- working. ‘‘(3) AUTHORIZATION.—There are authorized To address this concern, Senator to be appropriated to the Administrator such cern, under the auspices of the 1986 MOYNIHAN and I have offered this sums as are necessary to carry out this sub- Safe Drinking Water Act amendments, amendment that will allow the EPA to section for each of fiscal years 1997 through the EPA required New York City in spend up to $15 million per year for 7 2003 including $15,000,000 for each of such fis- 1989 to either further protect the wa- years in the State of New York in order cal years for the purpose of providing assist- tershed or filter. It was apparent that ance to the State of New York to carry out to monitor and implement a host of paragraph (2).’’. enhanced protection efforts would be watershed protection programs in the On page 171, line 21, strike ‘‘20,000,000’’ and necessary if the water supply for the New York City watershed. Some of the insert ‘‘15,000,000’’. city was to be preserved without spend- projects that will be undertaken and in On page 171, line 24, strike ‘‘35,000,000’’ and ing billions of dollars to build filtra- insert ‘‘30,000,000’’. need of Federal assistance are: a phos- tion plants. This set in motion the im- phorus offset program designed to re- On page 172, line 3, strike ‘‘20,850,000’’ and petus to negotiate a filtration avoid- insert ‘‘15,000,000’’. duce the total amount of phosphorus in On page 2, in the material following line 6, ance plan that would meet the ap- sensitive watershed basins; wastewater strike ‘‘Sec. 25. Ground water protection.’’ proval of the EPA, provide safe drink- diversion; wastewater micro-filtration and insert ‘‘Sec. 25. Watershed and ground ing water to New York City residents, treatment; enhanced stormwater con- water protection.’’. and preserve the rights of upstate New trol activities; and agricultural and Mr. CHAFEE. Mr. President, this au- Yorkers to prudently utilize their land. forestry best management practices. thorizes the expenditure of $15 million Until recently, the ability to balance Federal funding could be utilized for up a year for 7 years to the year 2003 for all of these needs had not proven en- to 35 percent of a project’s total cost. the protection of the watershed of the tirely successful and watershed protec- Should water quality decline, the EPA city of New York. This is a very un- tion efforts stalled. will have the ability to demand appro- usual approach that they are trying in In early November, though, New priate changes. New York in which, instead of building York Governor George Pataki an- Our amendment is a perfect com- very, very expensive water treatment nounced what many had thought implement to the efforts being under- facilities that would amount to more possible. In an unprecedented agree- taken in New York State to protect the than $1 billion, they are trying to pro- ment, the State of New York, the city watershed in a scientifically sound and tect the watershed; in other words, the of New York, environmentalists, local fiscally responsible manner. Under our headwaters of the rivers that provide elected officials within the watershed amendment, scientists will be better the waters for the city of New York up and the Environmental Protection able to monitor the quality of the in the Hudson River Valley. Agency all gave their approval to a drinking water of some 9 million peo- This provides authorization for $15 plan to protect the New York City wa- ple and prevent degradation of this million for 7 years to be of assistance tershed and avoid large-scale filtra- vital watershed before it becomes a in that effort. tion. Under the terms of the agree- matter of concern. This will be able to As I say, this is an amendment by ment, a total of $1.2 billion will be be done at a spend-out rate of $12 to both New York Senators, Senators spent by the city of New York over the every $1 spent by the Federal Govern- MOYNIHAN and D’AMATO. I think it is a next 15 years for water quality protec- ment. good amendment, Mr. President. tion programs while upstate commu- I am pleased that the managers of Mr. D’AMATO. Mr. President, on be- nities will continue to be able to grow this bill agree with the need to protect half of myself and Senator MOYNIHAN, I and prosper in environmentally respon- this precious resource. With the pas- wish to thank Senator CHAFEE and sible ways. sage of this amendment, the State of S 17766 CONGRESSIONAL RECORD — SENATE November 29, 1995 New York will be given an opportunity than filtration if that alternative en- SDWA amendments of 1986. However, to further protect its valuable water- sures significantly greater removal of because of a severe drought and an shed. I am confident that the efforts pathogens. abundance of wildlife, the watershed undertaken in New York will be able to The Seattle Water Department has exceeded one of the unfiltered water serve as a model for similar activities concluded that ozonation, a process criteria, that of fecal coliform. After in other parts of the country. commonly used in Europe, may provide receiving notification of noncompli- The PRESIDING OFFICER. Is there 100 times more protection from ance, the Seattle Water Department further debate on the amendment? If Cryptosporidium and other pathogens began investigating filtration and non- not, the question is on agreeing to the than would a filtration system. Should filtration systems to ensure it would amendment of the Senator from Rhode ozonation deliver as much protection satisfy requirements of the SDWA. Island. as it promises, the people of Seattle The water department discovered The amendment (No. 3077) was agreed will have safer water and will pay $130 that a process widely used in Europe, to. million less for that safety than they called ozonation, would reliably re- Mr. CHAFEE. Mr. President, I move would have had to pay for a Cedar move more cryptosporidium and to reconsider the vote by which the River watershed filtration system. giardia—the pathogens of most con- amendment was agreed to. Mr. President, like all bills that pass cern—than would filtration. An Mr. KEMPTHORNE. I move to lay through the process of compromise and ozonation facility would inactivate that motion on the table. negotiation, S. 1316 is not perfect. How- 99.999 percent of cryptosporidium, The motion to lay on the table was ever, it is a good bill that goes a long while filtration would inactivate only agreed to. way toward solving some of the more 99.9 percent. In simple terms, ozonation Mrs. MURRAY addressed the Chair. troublesome aspects of the current can be economically designed to pro- The PRESIDING OFFICER. The Sen- Safe Drinking Water Act. This bill of- vide two orders of magnitude, or 100 ator from Washington. fers responsible reform, flexibility, and times greater protection than filtra- Mrs. MURRAY. Mr. President, the balance. I have heard from a number of tion. Not only is ozonation more effec- bill we have before us provides an ex- local governments urging my full sup- tive against the most serious threats cellent example of how good people, port of this bill. I intend to offer that to the Seattle water supply, but it working together, can find a way to support, while at the same time voting costs less and makes the water taste balance safety and cost concerns. I in favor of stronger right-to-know pro- better. commend the bipartisan effort that de- visions. The Seattle Water Department’s veloped the Safe Drinking Water Again, I thank the chairmen and studies indicate that an ozonation Amendments Act of 1995. I also rise to ranking members for their hard work plant would cost its customers $68 mil- thank these same chairmen and rank- on this bill and for accepting Sen. GOR- lion, while a filtration plant would cost ing members for agreeing to the TON’s and my amendment. $198 million. While Seattle water offi- amendment that Senator GORTON and I SEATTLE’S WATER SUPPLY cials believe that the Cedar River proposed regarding the city of Seattle’s Mr. President, I rise in support of the water may require filtration sometime water supply that was approved earlier Safe Drinking Water Amendments Act in the future, the system has a number today. of 1995 and commend the managers on of other more pressing needs—such as Safe drinking water is probably the their excellent work. In addition, I covering open, in-city reservoirs and single most important thing a govern- would like to address the amendment installing a filtration plant in the Tolt ment can supply its people. This bill, S. that Senator GORTON and I proposed, River watershed—that make ozonation 1316, accomplishes that task by giving which was accepted as a managers’ the best course for today. The the Environmental Protection Agency amendment, that will provide the peo- ozonation plant will be built in such a flexibility to set drinking water stand- ple of the city of Seattle with quality way as to be compatible with a filtra- ards based on peer-reviewed science. It drinking water at an affordable price. tion plant should the need for one arise encourages State and local govern- Like this bill before us, our amend- in the future. ments to become full partners in the ment seeks to protect our citizens from Mr. President, this amendment offers development, implementation, and en- unnecessary costs while providing safe, the city of Seattle needed flexibility so forcement of drinking water regula- high quality drinking water. that it can provide its customers the tions. It targets our scarce public re- Our amendment requires the EPA to safest water at the lowest cost in the sources toward greater health risks amend its drinking water protection very near future. It is worth re-stating and away from more trivial risks. criteria to allow a State to establish that this filtration flexibility may be S. 1316 will be particularly helpful for treatment requirements other than fil- given only where a watershed is unde- small systems serving fewer than 10,000 tration where a watershed is uninhab- veloped and, most importantly, the al- people. These small systems will be eli- ited, has consolidated ownership and ternative to filtration proves to ensure gible for variances that allow them to has controlled access. Our amendment significantly greater pathogen removal use affordable treatment technology. allows an alternative to filtration efficiencies. Delivering safe drinking While regulators may grant variances, where EPA determines that the quality water is the fundamental goal of this S. 1316 also authorizes consumers to of the source water and alternative amendment and this bill. participate in the decision to grant a treatment requirements established by Again, I thank the bill’s managers variance and requires variance renew- the State ensure significantly greater for their assistance and support on our als every 5 years. I have heard from pathogen removal efficiencies than amendment and in developing the com- many small communities about how would a combination of filtration and prehensive, balanced Safe Drinking burdensome the current Safe Drinking chlorine disinfection. Water Amendments Act of 1995. Water Act requirements are. I share Mr. President, the Cedar River water- Thank you, Mr. President. their enthusiasm for the flexibility and shed is unique. The city of Seattle will Mr. President, I suggest the absence innovation contained in this bill. own 100 percent of this 90,490 acre wa- of a quorum. I also want to draw my colleagues’ tershed by the end of the year. The city The PRESIDING OFFICER. The attention to the amendment Senator controls access to and activity in this clerk will call the roll. GORTON and I proposed regarding the watershed. It practices model land The assistant legislative clerk pro- city of Seattle water supply. With our stewardship, supplying a wide variety ceeded to call the roll. amendment, Seattle will be able to of public values, including healthy pop- Mr. CAMPBELL. Mr. President, I ask provide its customers safer water, at a ulations of wildlife. In short, it is a unanimous consent that the order for lower cost, and with a better taste than crown jewel. It is the type of water the quorum call be rescinded. it could have under current filtration supply all major cities should aspire to The PRESIDING OFFICER. Without requirements. Our amendment will have. objection, it is so ordered. allow local governments that have un- The watershed met all of the criteria Mr. CAMPBELL. Mr. President, I ask developed watersheds with a consoli- for remaining an unfiltered supplier for unanimous consent that I be allowed to dated ownership to use a process other the first 18 months after passage of the speak as if in morning business for 5 November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17767 minutes without the time being I am most concerned that the United Mrs. BOXER. Reserving the right to charged to the bill. States will be making up 30 percent of object, and I shall not, I just want to The PRESIDING OFFICER. Without the NATO force in addition to all of the make sure, since there will be interven- objection, it is so ordered. air support and the logistics of the mis- ing discussion between the explanation f sion. This is far more than any of the of my amendment and the vote, I ask other 15 NATO members. As a result, BOSNIA that we could have a minute on each we will also be contributing a large side just before the vote to restate it. Mr. CAMPBELL. Mr. President, I part of the funds for this mission. In Mr. CHAFEE. I say this to the distin- come to the floor of the Senate this this time of fiscal restraint of asking guished Senator. If we are going to evening to address an issue which is of everyone to do more with less, I cannot vote and people know we are going to great concern to this Nation and to understand how the President can ask go to final passage right after this, many of my colleagues—and that is us to ante up for this commitment, frankly, if we have nothing to do, no Bosnia. This past Monday, the Presi- continue to insist on increased levels of cleared amendments, I see no reason dent took his proposal to the American domestic spending, and still work to that there even would be 10 minutes. people and he appears to have listened balance the budget in 7 years as he has So let us see how it works out. I will to the majority of Americans by com- indicated he would. say this to the Senator. If there is a ing forward and stating his case for the I support our treaty obligations to long intervening time, I will make sure United States’ involvement in Bosnia. NATO. However, in this instance I feel she gets a minute to explain her Although the President was wise to our obligations simply do not outweigh amendment. come to the American people, I like our concerns for our American young- Mrs. BOXER. That is all I need. I will many of my colleagues, cannot support sters that we have to send into harm’s certainly trust my chairman, whom I the President’s decision to send troops way. respect very much, as I respect the because I do not know that he has fully We all support the efforts to end the ranking member and subcommittee explained what ‘‘American values’’ are atrocities and suffering. However, I do chair. And if the Senators want, I can at stake in Bosnia. not believe that we have any vital na- send up the amendment and we can In my home State of Colorado, I have tional security interests in that region, five offices. Without exception, the start the clock running on the 15 min- as we did in the Gulf war. I also believe utes per side. phones have been ringing and my con- that we have a humanitarian interest stituents have been voicing their con- Mr. CHAFEE. All ready to go. I in the region, but I do not think the thank the Senator. cerns, their fears, their anger, and American people solely support the hu- AMENDMENT NO. 3078 their opposition to the President’s pro- manitarian rationale as justification posal. Today they see no threat to our for sending our ground troops into Mrs. BOXER. Mr. President, under national security or to our way of life, Bosnia. Certainly Coloradans do not. the previous order, I send an amend- although they do have great empathy Above all, we cannot afford to forget ment to the desk and ask for its imme- for the people in Bosnia. the reality of the situation we are diate consideration. Bosnia has proven to be a quagmire sending our troops into: A newly found- The PRESIDING OFFICER. The time and time again. I, like many of ed and untenable peace. In that envi- clerk will report. my colleagues, do not want to see our ronment, there will undoubtedly be The assistant legislative clerk read troops placed in harm’s way in this re- continued hostilities. I am absolutely as follows: gion. We surely do not want to repeat convinced that we will have American The Senator from California [Mrs. BOXER] the problems that we had in either dead by Christmas, if not by hidden proposes an amendment numbered 3078. Vietnam or Somalia. enemy, certainly from one of the 6 mil- Mrs. BOXER. Mr. President, I ask I believe the new-found peace in lion buried mines that still exist. unanimous consent that reading of the Bosnia is untenable and cannot be The parents and families of these amendment be dispensed with. guaranteed. I believe there are 120,000 Americans we are asking to go to The PRESIDING OFFICER. Without Serbs over there who basically said the Bosnia are those the Congress and the objection, it is so ordered. same thing. President must answer to. I believe The amendment is as follows: It is foolish for us to believe that that we should be most thoughtful be- there will not be mission changes dur- Section 20, Page 140, line 11—add at the end fore this administration puts us in a the following new subparagraph: ing our proposed 12-month involvement position where we might have Amer- (F) CONSUMER CONFIDENCE REPORTS.— in the region. The environment in ican youngsters dead by Christmas. (i) IN GENERAL.—The Administrator shall Bosnia will continue to change as time With that, I yield the floor, Mr. issue regulations within three years of en- goes on, and we cannot predict what President. actment of the Safe Drinking Water Act Amendments of 1995 to require each commu- will be asked of us during the next 12 f months. What starts out to be a peace- nity water system to issue a consumer con- keeping mission will certainly became SAFE DRINKING WATER ACT fidence report at least once annually to its a nation-rebuilding mission at the ex- AMENDMENTS OF 1995 water consumers on the level of contaminants in the drinking water purveyed by that pense of the American taxpayers. The Senate continued with the con- system which pose a potential risk to human I do not believe the President fully sideration of the bill. health. The report shall include, but not be appreciates the fact that you cannot, Mr. CHAFEE addressed the Chair. limited to: information on source, content, under the best of circumstances, give a The PRESIDING OFFICER. The Sen- and quality of water purveyed; a plainly definitive end date for involvement in ator from Rhode Island. worded explanation of the health implica- that military mission. Mr. CHAFEE. I ask unanimous con- tions of contaminants relative to national By nature, military missions are un- sent that following the use or yielding primary drinking water regulations or predictable. We have no way to deter- back of the time on the Boxer amend- health advisories; information on compli- mine how long it will take before peace ment, the amendment be laid aside and ance with national primary drinking water regulations; and information on priority un- is freestanding in the region. In 12 there be 10 minutes equally divided be- regulated contaminants to the extent that months, the Bosnian peace may be at a tween the two managers to offer a se- testing methods and health effects informa- pivotal stage so that we cannot pull ries of cleared amendments, and fol- tion are available (including levels of out, we cannot bring our troops home, lowing the disposition of those amend- cryptosporidium and radon where States de- and that is what I fear the most. ments and the expiration of time, the termine that they may be found). That region has a history of internal Senate proceed to vote on or in rela- (ii) COVERAGE.—Subsection (i) shall not struggles. The country is torn and has tion to the Boxer amendment, to be apply to community water systems serving always been torn by deeply held reli- followed immediately by third reading fewer than 10,000 persons or other systems as gious beliefs, and we cannot socially determined by the Governor, provided that and final passage of S. 1316, as amend- such systems inform their customers that engineer a peace. Peace will never ed, all without any intervening action they will not be complying with Subsection come easily to this region, and there or debate. (i). The State may by rule establish alter- are still those today who oppose the The PRESIDING OFFICER. Without native requirements with respect to the form agreement. objection, it is so ordered. and content of consumer confidence reports. S 17768 CONGRESSIONAL RECORD — SENATE November 29, 1995 Mrs. BOXER. Mr. President, we have do not want to disturb. But I cannot formula with tap water. They should a very good bill before us. I for one am back off in terms of presenting it be- know, if they are concerned about an just delighted to see it come here. It cause I feel strongly about it. I believe elderly person, whether the water is has been very bipartisan. I commend the community has a right to know safe. I heard colleagues say, ‘‘Oh, it is the chairman, the ranking member, what is in the drinking water. too much information for people; too Senator KEMPTHORNE, and Senator Mr. President, 89 percent of the much. We don’t want to load them REID, all of whom have worked so hard American people are asking for this. down with pages of information.’’ on this bill. I am particularly pleased, They want more information about the Here is one report, a terrific one that being a member of the Environment quality of their drinking water. comes out of Ohio where they show and Public Works Committee, that my It would ensure that consumers are people what causes cloudy water, what biggest priority was taken care of in informed about the levels of contami- causes rusty water. In other words, this bill, which involved assurance that nants found in their drinking water when you send out these things, it is an our drinking water will protect the once a year through the mail in an opportunity to put people’s minds at most vulnerable populations. easy-to-understand explanation of ease. It is not just a question of fright- I had an amendment that did carry what is in their water and what the ening them. Is there lead in my drink- on this bill the last time it came before health risks are, if any. ing water? And then they show where the body, and basically it makes sure Mr. President, I ask that you let me the various plants are located, where that children, infants, pregnant know when I have used up 10 minutes the water comes from and the various women, and the chronically ill are not of my 15 minutes of time. chemicals that are in the water. overlooked when we set standards. We The PRESIDING OFFICER. The So if someone does have someone liv- know that more than 100 people who Chair informs the Senator that the ing with them who is part of a vulner- died as a result of drinking water in times were divided 20 minutes per side, able population—be it an infant, be it a Milwaukee last year were from vulner- not 15 minutes. child under 6, be it a grandma, a Does the Senator wish to be informed able groups such as children, the elder- grandpa who has some problem, be it a at 10 minutes remaining? ly, transplant patients, and AIDS pa- Mr. BAUCUS addressed the Chair. cancer victim, be it an AIDS victim— tients. About 400,000 people in Milwau- The PRESIDING OFFICER. The Sen- we would have an opportunity to know kee got sick as a result of contami- ator from Montana. if, in fact, that water could harm them. nated drinking water. We hear very Mr. BAUCUS. Mr. President, I know, We have over 60 public interest, envi- large numbers coming out of CDC, The although the earlier agreement was 20 ronmental, and public health groups Centers for Disease Control. One report minutes on a side formally, we have supporting us, and I gave you just a few that says 900 people die from contami- agreed to 15 minutes. It may be pre- of those, and we will put the rest into nated tap water every year. sumptuous of me, but I ask unanimous the RECORD. So, Mr. President, this is an impor- consent that the earlier unanimous- But I do believe that the Boxer- tant bill, and I am proud that we are consent agreement be modified so it is Daschle amendment will also benefit here at this moment. I would also like 15 minutes per side. water suppliers because it will increase to thank Senators CHAFEE and BAUCUS The PRESIDING OFFICER. Without consumer awareness of how their local for agreeing to my amendment to au- objection, it is so ordered. water system performs and what chal- thorize the Southwest Center for Envi- Mrs. BOXER. Mr. President, I ask lenges that system faces as it tries to ronmental Research and Policy. It is that the Chair inform me when I have maintain water quality. very important. It is a consortium of used 10 minutes. We have a water board in our home American and Mexican universities What is very important about this county, and they come to us once in a that work to address environmental community right-to-know amendment while and say, ‘‘You know, we have to problems along the United States-Mex- is that we exempt small water systems increase your water rates.’’ ico border, including but not limited to that serve 10,000 persons or less. So we ‘‘Why?’’ air quality, water quality, and hazard- are mindful of not putting a burden on If I know it is to make that water ous materials, and it is important to a the small systems. We also allow the safer, if it is to make sure contami- lot of our States. San Diego State Uni- Governor to opt out as long as he ex- nants are taken out of the water, that versity is involved in it, New Mexico plains why. is a plus for that water district, and State University, University of Utah, This is a national bill. Safe drinking there will be more support. University of Texas, Arizona State water is a national priority; otherwise, Currently, consumers are required to University as well. So that is my praise we would not be here. So the argument be notified only if a water supplier vio- for this bill. that we should not tell the Governors lates an enforceable standard. Consum- Mr. President, I think we need to do what to do just does not fly. We are ers do not have to be told if their tap more. I think we should do more. I am telling water systems what to do, we water contains common contaminants very proud that the Democratic leader, are setting safety levels, and all this which are not regulated, such as Senator DASCHLE, has joined me in of- does is say, ‘‘Let’s also let the consum- cryptosporidium and radioactive radon. fering this community right-to-know ers know.’’ We know cryptosporidium kills people. amendment. It is supported by over 60 My amendment requires EPA to issue We do not happen to have a standard environmental groups and the Environ- regulations within 3 years that would established for cryptosporidium. Does mental Protection Agency, and I will govern the implementation of this. The that mean we should not let people at the end of my remarks ask that the reason is, we want it to be very simple. know if it is in their water supply? EPA’s letter be included in the RECORD The objective of the Boxer-Daschle I certainly hope people will support so everyone can see it. amendment is not to inflict consumers this amendment because then consum- The American Public Health Associa- with a complex table of chemicals they ers will know if cryptosporidium is in tion, League of Conservation Voters, never heard of, nor to scare consumers their water supply, at what level, and Consumer Federation of America, about the quality of their water, but to whether it is dangerous. And if they League of Women Voters, Physicians let them know what they need to have a little child in the home or some- for Social Responsibility, the Natural know. one from a vulnerable population, they Resources Defense Council, the Sierra Let me be specific. I have a new can act accordingly. Club, the American Baptist Church, grandchild, and that grandchild is the In the case of arsenic, an EPA-regu- the United Methodist Board of Church- most precious thing to me and to his lated contaminant, the current stand- es Society all support the Boxer- family. When that grandchild visits ard is being revised by the EPA be- Daschle amendment. Washington, DC, I am not sure if I cause it is a weak standard that was Frankly, I am at a loss to understand should mix that formula with the tap set in 1942 before we knew that arsenic why we do not just make this happen. water, because there has been an advi- caused cancer. In the bill we are con- I have great respect for my leaders on sory of late to be careful. sidering, the EPA will not have to the committee. Perhaps they have ne- I think it is important for people to issue a revised standard until the year gotiated a compromise they feel they know if they should, in fact, mix that 2001 and no enforceable standard until November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17769 2004. I believe consumers have a right feels should be done, but it ought to be which is, I suppose, something like 14 to know whether or not the water they left to the prerogative of the States. inches long, issued by the State of drink contains arsenic at levels that California has chosen to do so. There Maryland, pursuant to Maryland law, could be a potential risk to their may be other States that will choose to by the Patuxent and Potomac Water health. do so, but why in the world should we Filtration Plants. It is just unintelli- Why not let consumers know? Why have the Federal Government say that gible. I think this is what everybody is treat people like they do not deserve to you must do this? We spent quite a bit going to receive. Let me give an illus- know or they will misuse the informa- of time earlier today talking about un- tration. It says down here, ‘‘1-1, tion? We are all adults. We deserve to funded Federal mandates. We took S. dichlorothane; 1-3, dichloropropane.’’ know. We are paying money for that 1316 and gave it to the Congressional That goes on to say that it deals with water. We ought to know what it con- Budget Office and said, ‘‘Please review a number of micrograms per liter. It is tains. this and score this and determine if, in not detected, it says, in Patuxent and Under current law, not even a crisis, any way, we are providing any new un- in Potomac. Again, ‘‘maximum month- an outbreak such as the 1993 Milwau- funded Federal mandates.’’ Their letter ly averages not detected.’’ And it goes kee cryptosporidium outbreak which came back and said, ‘‘No, you are not.’’ on to say that there is no limit estab- killed over 100 people, not even a crisis But with regard to this particular lished up or down by EPA on this. forces water systems to warn consum- amendment, the Senator from Califor- In other words, apparently, the ers about the presence of dangerous nia also sent to the Congressional Maryland law is that there must be levels of unregulated contaminants. Budget Office a question as to how close to 80 substances or potential con- The PRESIDING OFFICER (Ms. much would it cost. The Congressional taminants that have to be notified. SNOWE). The Senator from California Budget Office came back and said the Anybody that receives this—99.9 per- has 5 minutes. requirement nationwide would be be- cent of the people that receive it must Mrs. BOXER. Thank you, Madam tween $1.5 to $10 million annually. say, ‘‘What is this?’’ and dispose of it in President. I am going to withhold be- That is an unfunded Federal mandate, the wastebasket. cause I know my colleagues are going and the $1.5 to $10 million annually It seems to me that it is really an un- to make some terrific arguments could be used in tremendous opportuni- necessary expenditure. So, Madam against me, and I want to be ready to ties by some of the small systems to President, I reluctantly oppose the combat them, so I retain my time. achieve the standards that are nec- amendment by the Senator from Cali- Mr. KEMPTHORNE addressed the essary for the public health that we are fornia on the basis that if some State Chair. trying to improve. wants it, go ahead and do it. That is The PRESIDING OFFICER. The Sen- So for those reasons, Madam Presi- their business. If they do not want to ator from Idaho. dent, I respectfully have to oppose this do it, then we have some protective amendment. I yield the floor. Mr. KEMPTHORNE. Madam Presi- provisions in the current law, as I have dent, I, unfortunately, must oppose Mr. CHAFEE addressed the Chair. The PRESIDING OFFICER. The Sen- previously pointed out. this amendment, although I do appre- ator from Rhode Island. Mr. BAUCUS. Madam President, how ciate the efforts of the Senator from Mr. CHAFEE. Madam President, I am much time is remaining on each side? California to work with the concerns always very, very reluctant to oppose The PRESIDING OFFICER. The Sen- that I had expressed on this. I truly do any amendment by the distinguished ator has 8 minutes remaining. appreciate that. Californian who is a member of our En- Mr. BAUCUS. Madam President, I I do not oppose this amendment be- vironment and Public Works Commit- will take 4 minutes. All of us greatly cause I believe that consumers should tee, a very able member of that com- admire the Senator from California. I not have access to information about mittee and contributes a great deal. So do not know any Senator, frankly, who the safety of the tap water that they it is with some trepidation that I rise is a stronger advocate for environ- drink. Our bill already requires drink- to differ with her views on this particu- mental protection than the Senator ing water systems to give information lar amendment. from California. She is very persistent to consumers of any health threats pre- It seems to me that this is not a nec- and perceptive in her efforts to protect sented by drinking water and of any essary amendment, and, frankly, I do the environment. She has already violations. These provisions ensure not think we should be adopting said—and I think most Senators that consumers have access to informa- amendments that do not seem to have agree—that the bill before us is a very tion that they need to protect them- a necessity to them. good safe drinking water bill. It sets selves, if that is necessary. Now, as has been pointed out, in the very good—more than good, excellent Let me just state for you, Madam legislation we have submitted, S. 1316, standards—that apply to States around President, what the bill specifically if one looks at the report of the com- the country as they direct their sys- provides. mittee on page 136, it starts setting tems to comply with certain standards First, each water system is required forth there what are the requirements and contaminant levels and so forth. to notify their customers within 24 that we have regarding notice. And in- The amendment the Senator from hours of any violation of a drinking deed, on page 137, under (D)(1), ‘‘Regu- California offers, I think, goes too far. water standard that results in an im- lations issued under subparagraph (a) Essentially, it says that what Califor- mediate health concern. shall specify notification procedures nia is doing, issuing reports to each Second, for all other violations of for violations, other than the viola- consumer with respect to a whole lot of Federal drinking water standards and tions covered by subparagraph (c), and information, now must apply to all requirements, public water systems are the procedures specify that a public States; that is, the Federal Govern- required to notify their customers of water system shall provide written no- ment must adopt the same require- those violations as soon as possible but tice to each person served by the sys- ment. It is regulatory overkill. within 1 year of the violation. tem by notice in the first bill prepared Let me very briefly indicate some of Third, and finally, the State and EPA after the date of occurrence.’’ the specifics that this amendment are required to publish an annual re- In other words, if there is a violation would require systems to provide to port disclosing all violations by drink- of the law, then it is required that no- consumers. It would require reporting ing water systems in the State. That tice be given. I think that is adequate. the source—I do not know whether this report also must be made available to Madam President, as the distinguished means groundwater, rivers, or what- the public. chairman of the subcommittee, Sen- ever. It requires reporting on content, As has been pointed out, the State of ator KEMPTHORNE, just pointed out, that could be most anything. The qual- California has in its system already a there is a system for not only this noti- ity of the water requirement is vague. program very similar to what the Sen- fication, but if we want a more broad A multiworded explanation of the ator from California has discussed. notification, then go ahead and do it. health implications of contaminants Therefore, there is nothing to preclude The States can pass such a law. relative to national primary drinking a State from doing exactly what the Indeed, let me just demonstrate here, water regulations is required. Even Senator from California is saying she if I might, a two-sided piece of paper though the State and the system may S 17770 CONGRESSIONAL RECORD — SENATE November 29, 1995 be meeting all the standards, still con- The right-to-know law was intended to if your water standard is in violation of sumers have to be notified as to the notify neighbors about chemicals that the law.’’ health implications of those contami- were being discharged. Companies did I have to point out to my friend that nants—even though regulated. I am not like the bad publicity. in 1993 the GAO did a very important just touching the tip of the iceberg In addition, the law brought to the report entitled ‘‘Consumers Often Not listing the requirements that must be attention of corporate executives the Well-Informed of Potentially Serious given to consumers. The long and short fact that expensive chemicals were Violations in their Water Supply.’’ of it is, if California or any State wants leaving their facilities as waste, not They concluded that 63 percent of vio- to, according to its own law, require a product. In response to these reports, lations were not reported at all. Of whole host of information about what companies voluntarily instituted pollu- these, over half of the violations posed the water contains, even though the tion prevention measures that have serious long-term health risks such as system is meeting all the standards re- lowered toxic releases tremendously. long-term cancer risk. quired by law, then let that State Emissions from facilities have de- Now, that is GAO. That is not some make that decision. creased 42 percent nationwide since environmental organization. That is an One reason we are here today writing 1989; a reduction of two billion pounds. investigative arm of the Congress. The this bill and making amendments to Virtually none of those reductions fact is, these violations more than half the Safe Drinking Water Act is be- were required by federal law; they were the time are not reported. I do not cause, under the 1986 amendments to voluntarily done by companies who want to wait for there to be an out- the act, we unfortunately required sys- found a better way to do business, en- break of cryptosporidium and people tems, States, and the EPA to do way couraged by this law. die and then we notify them, ‘‘Boil too much, to dilute its resources pursu- Senator BOXER’s amendment is likely your water.’’ ing a lot of different efforts, instead of to have similar, positive effects. It will I think people have a right to know concentrating on the most egregious mean cleaner drinking water for con- on a regular basis what is in their contaminants and problems and focus- sumers. It also will give individual water. I do not think it is in any way ing priorities on the problems a system Americans complete information about encroaching. should meet to make sure the water is the quality and safety of their drinking We are so clear: Systems that serve as pure as can be for the consumers. water. This will allow consumers to de- 10,000 persons or less are exempted If systems do what this amendment cide for themselves whether they want from this. Governors can opt out by ex- proposes, it would further dilute and to buy bottled water, or take other plaining why. And the cost, if you take distract resources. Systems would have steps to protect themselves from the maximum cost, is 23 cents per to spend a lot of time trying to figure unhealthy drinking water. household per year. Madam President, out what all this is, even though they I urge support for this amendment. 23 cents per year to know if there is are doing what is required of them and Mrs. BOXER. I thank the Senator cryptosporidium in your water. meeting the law. from New Jersey; he is the author of Just talk to someone who lost a I urge Senators to look and see what the community right-to-know law that loved one from cryptosporidium in the is in this amendment. I think they will requires notification to the public of water supply. Would it be worth 23 realize that we should not be requiring releases of toxics in the environment. cents a year? And, by the way, the Gov- all States to do something that one He strongly backs this amendment. He ernor can opt out. So there is no un- State may want to do. If a State choos- says, ‘‘This will allow consumers to de- funded mandate if the Governor can es to do so, fine. This does not limit cide for themselves whether they want opt out. States from taking these actions. I do to buy bottled water, or take other The American Public Health Associa- not think we should require all this ad- steps to protect themselves.’’ This is tion wants to see this amendment be- ditional information which, as the Sen- life and death, Madam President. come the law of the land. This is not ator from Rhode Island pointed out, is Madam President, has all time ex- extreme. This is a national safe drink- not going to be read. I know the inter- pired on the other side? ing water act. National standards are est groups will do a good job of filing The PRESIDING OFFICER. There is set. We should be standing up here for lawsuits and doing whatever they want 3 minutes 30 seconds remaining. the consumer, for taxpayers, for that to do if a State system is not meeting Mrs. BOXER. I would appreciate it if water user who pays for that water, to standards. They should. I take my hat they will take their time so I can finish have the information they need to keep off to them. But we should not go over- the debate. It is my amendment. their families safe. board with a lot of red tape and bom- Mr. BAUCUS. Madam President, how The first time there is an outbreak of bard people with information they are much time remains on each side? cryptosporidium, people will rush to not even going to read. The PRESIDING OFFICER. The Sen- this floor and say, ‘‘BOXER was right,’’ Mr. LAUTENBERG. Madam Presi- ator from California has 5 minutes. The and so was Senator DASCHLE because dent, as the author the community Senator from Rhode Island has 3 min- he happens to be the lead cosponsor, right-to-know law that requires notifi- utes 30 seconds. and Senator LAUTENBERG who spent so cation of the public of releases of Mrs. BOXER. I will retain 1 minute much of his career making sure con- toxics into the environment, I rise in of my time, and I will speak for 4 min- sumers have the right to know if there support of the amendment of the Sen- utes. First of all, I think the comments are toxins in our environment. ator from California, Senator BOXER. made by my colleagues are terrific, but I would like to add Senator KOHL as This amendment requires local water they are not right. a cosponsor. providers to notify their customers at Madam President, I have to make a Mr. CHAFEE. Madam President, let least annually of the quality of their number of points here. My colleague me just say this to the very able argu- drinking water so they can properly from Montana says, oh, what does this ments of the Senator from California. monitor the water for possible health mean, and he holds up this amendment. They are able arguments. effects. This has been in operation in Califor- I suppose that when she makes the Madam President, shining the light nia for 6 years. Nobody ever asks what point that the Governor can opt out or on the behavior of corporations and does it mean. Everyone thinks it is ter- that it does not apply to those systems governments has repeatedly led to sig- rific, and everybody understands what of 10,000 or less that it works the other nificant environmental advances. When it means. way around. accidents, or discharges, or violations In addition, we worked with the EPA If this is such a vital amendment and must be reported to the customers, because they had constructive sugges- so necessary, why do we have it that a quality improves. This has been proven tions. They worked with us on every Governor can just opt out of it? Or if it dramatically in the case of the commu- word of this amendment. is so important, why do we exclude 87 nity right-to-know legislation. My friend from Idaho makes a point percent of the water systems in the Na- The right-to-know law does not re- that I would like to address. He says, tion? Madam President, 87 percent of quire a company to lower its use or ‘‘My God, we go a long way in this bill. the water systems in the Nation serve emissions of any chemical one ounce. You have to be told there is a violation 10,000 or fewer people. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17771 That is not to say that 87 percent of That is not emotion. That is fact. The motion to lay on the table was the population is served by that. I am The GAO study found 63 percent of the agreed to. not making that suggestion. But 87 violations are not reported. I make SOURCE WATER PROTECTION percent of all the water systems in the sure if cryptosporidium is in your Mr. KOHL. Madam President, as all Nation are small ones. They are ex- water system, you would know whether the managers of this bill are acutely empt from this bill. you live in Maine or California or Mon- aware, an emergency outbreak of the Madam President, I say this is a good tana or Rhode Island or South Caro- parasite cryptosporidium in Milwaukee piece of legislation. One of the things lina. in 1993 resulted in the deaths of over we have done here is to provide money I hope that people will vote against 100 citizens and caused nearly 400,000 to train the operators of these systems the motion to table, which I assume is others to become severely ill. I believe to be better. We have provided for bet- on its way. I yield the floor. that many provisions included in this ter technical assistance than pre- The PRESIDING OFFICER. All time legislation will be helpful in protecting viously existed. We encourage consoli- has expired. future generations from the threat of dations. Mr. CHAFEE. Madam President, I cryptosporidium and other microbial I think we have done a lot of things move to table the amendment of the contaminants, and I thank the man- to improve the safety of the water that distinguished Senator from California, agers for that. the users drink, in addition to the pro- and I ask for the yeas and nays. Certainly the Milwaukee outbreak visions that I have previously men- The PRESIDING OFFICER. Is there a has demonstrated the need for strong tioned that deal specifically with noti- sufficient second? source water protection programs. In fication in case the water is not safe. There is a sufficient second. fact, the State of Wisconsin has one of I do appreciate the arguments of the The yeas and nays are ordered. the most respected sources water pro- distinguished Senator. Mr. CHAFEE. It is my understanding tection programs in the Nation. How- The PRESIDING OFFICER. The Sen- we have 10 minutes equally divided to ever, even with that program, the Mil- ator from Rhode Island has 1 minute wrap up amendments or statements be- waukee cryptosporidium outbreak oc- and 43 seconds remaining. fore we go to the vote. curred. Although the Wisconsin Prior- Mr. BAUCUS. Madam President, the AMENDMENT NO. 3079 ity Watershed Program is primarily a Senator from California makes a very (Purpose: To provide that monitoring re- voluntary program, working in a coop- impassioned statement. It sounds very quirements imposed on a substantial num- erative manner with landowners in tar- good. ber of public water systems be established geted watersheds, the program does The facts are, very simply, if Califor- by regulation) have the authority to enforce against nia or if any State wants to go far Mr. CHAFEE. I have one last amend- the small minority of landowners in a above and beyond what is required by ment, Madam President, that I send to targeted watershed who refuse to co- Federal law, I think it makes sense for the desk and ask for its immediate con- operate with the commonsense con- that State to do so if that State wants sideration. servation efforts of their neighbors. to do so. I do not think the Federal The PRESIDING OFFICER. The While I know that it is the intention Government should make this addi- clerk will report. of the managers to create a new, tional requirement on all States just The legislative clerk read as follows: Source Water Quality Protection Part- because California is doing it. If Cali- The Senator from Rhode Island [Mr. nership Program which is voluntary in fornia wants to, fine. But the U.S. Con- CHAFEE], for himself, Mr. KEMPTHORNE, Mr. nature, I want to be able to assure the gress should not make a judgment as BAUCUS, and Mr. REID, proposes an amend- citizens of my State that the Wisconsin to whether an additional requirement ment numbered 3079. Priority Watershed Program will not to each individual consumer, which has Mr. CHAFEE. Madam President, I be discriminated against in S. 1316, as a no bearing whatever to whether the ask unanimous consent reading of the result of having an enforcement au- systems in a State meet standards. If amendment be dispensed with. thority. the State wants to, fine. I do not think The PRESIDING OFFICER. Without Mr. CHAFEE. I completely under- the Federal Government should make objection, it is so ordered. stand the concerns of the Senator from that requirement on all States. The amendment is as follows: Wisconsin, and I agree that the Wiscon- Mr. CHAFEE. We yield back the bal- On page 132, line 5, strike ‘‘methods.’’ and sin Priority Watershed Program is one ance. insert ‘‘methods. Information requirements of the most outstanding water quality Mrs. BOXER. Madam President, I imposed by the Administrator pursuant to programs in this country. In that con- will finish. When anyone does not like the authority of this subparagraph that re- text, I want to assure the Senator that quire monitoring, the establishment or an argument, they tell you you are maintenance of records or reporting, by a S. 1316 in no way discriminates against emotional. Let me just say the Amer- substantial number of public water systems the Wisconsin program, or any other ican Public Health Association is not (determined in the sole discretion of the ad- State program, on the basis of that emotional about this. They just say, ministrator), shall be established by regula- program’s enforcement authority. ‘‘We need to know. We need to know tion as provided in clause (ii).’’. While States choosing to participate in what is in our water supply.’’ Mr. CHAFEE. Madam President, this the new Source Water Quality Protec- I say to my friend from Rhode Island, amendment tightens up EPA’s infor- tion Partnership Program are required the distinguished and able chairman, mation-gathering authorities under the to use the voluntary approach, other for whom I have the greatest respect, law. The amendment would require sections of the bill would provide pro- that 83 percent of the American people EPA to impose new monitoring report- grams like Wisconsin’s Priority Water- will be covered by this Boxer amending or record-keeping requirements shed Program access to funding from ment because they are served by the only by rule of a public comment if the State revolving fund. States that larger water systems. those requirements would effect a sub- choose the Source Water Quality Pro- To those who oppose this amend- stantial number of public water sys- tection Partnership approach are also ment, I ask, suppose that your loved tems. authorized to use SRF funding. one is elderly or ill, has a compromised This amendment has been cleared on Mr. BAUCUS. I concur in the re- immune system because of cancer, both sides. We are prepared to adopt it. sponse made by the Senator from chemotherapy, a recent transplant, or The PRESIDING OFFICER. Is there Rhode Island. This bill does not dis- for other reasons, or there is a little any further debate? criminate against State or local pro- baby in the house that you are mixing The question is on agreeing to the grams that include enforcement au- that formula with water from the tap, amendment. thority, it merely sets up a different suppose you knew your water supplier The amendment (No. 3079) was agreed framework. Both purely voluntary pro- knew all along there was a level of to. grams, as well as programs like the cryptosporidium in the water but never Mr. CHAFEE. I move to reconsider Wisconsin Priority Watershed Pro- told you, because in 63 percent of the the vote. gram, are authorized to use funding cases, the GAO says they do not report Mr. BAUCUS. I move to lay it on the from the State’s SRF allocation violations. table. through state administration of a S 17772 CONGRESSIONAL RECORD — SENATE November 29, 1995 source water quality protection pro- EPA has proposed a rule for dis- in section 1412b(5) does apply to the gram. infectants and disinfection byproducts stage I rulemaking. Mr. KOHL. I thank the managers for that attempts to balance these risks. As I said, we are attempting a deli- this clarification and for working with The proposed rule was developed cate legislative task here. We are me on this important matter. through a regulatory negotiation that changing the statute to provide EPA Mr. FEINGOLD. I, too, am pleased included representatives of local gov- with explicit authority to set stand- that this bill contains a requirement ernments, water agencies and water ards that balance risks. But we do not for the development of a national supply districts, and public interest want the detailed provisions of this standard for cryptosporidum. Several groups. EPA used this approach be- new authority to upset a specific rule times this Congress, I have raised the cause current law does not contain ex- of that type that has recently been pro- issue that the cryptosporidum out- plicit authority to balance risks in the posed. We want to make clear that breaks are no longer Milwaukee’s prob- way that EPA has proposed to do in EPA is authorized by the Safe Drink- lem, but the country’s problem, and this rulemaking. Presumably, one rea- ing Water Act, as it is amended by this that there should be action to ensure son for the negotiation was to avoid a bill, to issue the stage I rule. If this bill that enforceable national requirements subsequent court challenge to the rule. is enacted and the stage I rule is pro- are developed. However, relative to the Now, we are changing the law and we mulgated as it was proposed, no one bill’s provisions that create a new peti- are including explicit authority for the could bring a court challenge against tion program for voluntary Administrator to take a risk balancing the rule on the grounds that it wasn’t sourcewater protection, I share the approach where it is appropriate. These authorized by the statute. concerns of the senior Senator from changes would authorize EPA to issue At the same time, the stage I rule is Wisconsin, [Mr. KOHL]. the type of rule that has been proposed not to be tested against the specific I want to be certain that Wisconsin is in stage I for disinfection byproducts. provisions of the statute to determine not penalized for the actions it has al- But in passing this bill, we face a deli- whether it is consistent in every re- ready taken to protect source water. cate legislative task. We want to en- spect. it may not be. So long as the As mentioned by the senior Senator dorse the risk balancing approach that final stage I rule stays within the pa- from Wisconsin [Mr. KOHL] our State’s EPA is taking and make it clear that rameters of the agreement negotiated efforts to protect source waters from the statute as amended authorizes such by the parties, it is authorized by the contaminated runoff centers around a rule—including the stage I rule—but statute as amended. the Wisconsin Nonpoint Source Water we don’t want these new statutory pro- The bill applies to the stage I rule be- Pollution Abatement Program, often visions to disturb the negotiated agree- cause EPA is given general authority referred to as the priority watershed ment that is incorporated in the rule to issue a rule that is consistent with program based upon its watershed ap- that EPA has proposed. the negotiated agreement; but the spe- proach to controlling polluted runoff. Mr. KEMPTHORNE. I would ask the cific provisions of the risk balancing The program provides grants to local distinguished chairman of the Environ- authorities in the new subsection units of government in urban and rural ment and Public Works Committee 1412(b)(5) are not to be applied by EPA watersheds, which reimburse up to 70 whether the bill would prevent EPA or by the courts in determining wheth- percent of costs associated with in- from modifying the proposed rule. If er the final rule is in accordance with stalling best management practices. new information indicates that the the law. That determination is to be By the end of 1994, the State has been stage I rule as proposed does not strike based on the agreement that was actively engaged in 67 projects, includ- an appropriate balance among the com- signed by the parties to the negotia- ing 4 large-scale and 3 lake initiatives, peting health risks, could EPA modify tion. and more than 82 large-scale projects the rule when it is promulgated? Nothing in this bill affects the appli- are eligible to participate in the pro- Mr. CHAFEE. It is my understanding cability of new subsection 1412(b)(5) to gram. that the agreement negotiated by the the stage II rulemaking on disinfection Our State’s program follows an ex- parties to the disinfection byproducts by products. tensive land use inventory and water rulemaking does provide that the final Madam President, that completes ev- resource appraisal process, and public stage I rule may include modifications erything on this side. I inform all Sen- participation is a critical component of if new information warrants those ators, immediately following the vote the program. By in large participation changes. The bill does not preclude on the motion to table the Boxer has been voluntary, but the State does changes that are within the scope of amendment, we will then go to final retain the authority to require partici- the agreement. passage. pation after the protection plan is de- However, these new standard setting I ask, if proper, for the yeas and nays veloped. authorities are not to be the basis for on final passage at this time. I concur in the importance of assur- making changes in the rule as it was The PRESIDING OFFICER. Is there a ing that this bill allows Wisconsin’s proposed, nor was it our intent to re- sufficient second? current program to access the SRF and quire the Administrator to repropose There is a sufficient second. appreciate the statements made by the the stage I proposed rule to conduct ad- The yeas and nays were ordered. floor managers to that effect. ditional risk balancing under new sec- Mr. CHAFEE. Madam President, the STAGE I RULEMAKING tion 1412(b)(5). However, if subsequent delay here is we are waiting a possible Mr. CHAFEE. Madam President, I to enactment, someone should discover additional colloquy with the distin- would like to clarify the application of an inconsistency, the bill specifically guished Senator from Nebraska. the new standard setting authorities precludes a change in the proposed rule Madam President, how much time of established by the bill to the stage I to resolve that inconsistency. Further- the 10 minutes is left? rulemaking for disinfectants and dis- more, the bill insulates the rule from a The PRESIDING OFFICER. There infection byproducts that EPA has pro- court challenge on the basis of any in- are 5 minutes remaining. posed. consistency, should one be found. We Mr. CHAFEE. If the Senator from The use of chlorine to kill pathogenic do not intend to disrupt the results of California wished that minute, this is organisms in drinking water presents a the negotiation. the time, if she would like. real challenge. On the one hand, dis- Mr. BAUCUS. The committee report AMENDMENT NO. 3078 infection of public water supplies is a at page 38 says that the bill does not Mrs. BOXER. Madam President, I public health miracle. One of the wit- apply to the stage I rulemaking be- will take advantage of that one mo- nesses at our hearings on this bill cause that rule has already been pro- ment to simply say what we are trying called it the single most important posed in a detailed form. Does the Sen- to do in this amendment is to give sup- public health advance in history. On ator’s statement affect that part of the port to the public health community, the other hand, the use of chlorine as a committee report? which says it is very important. We disinfectant may produce chemical by- Mr. CHAFEE. Yes. The purpose of have the support of EPA and the Amer- products in the water that present this statement is to establish that in ican Public Health Association, and a other health risks. one sense the new authority contained number of other organizations, that November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17773 consumers have a right to know, just the public of piped water for human the Senator from California, amend- once a year, what is in their water. consumption, if such system has at ment No. 3078. It is not something we feel is burden- least 15 service connections or regu- The yeas and nays have been ordered. some. As a matter of fact, we say the larly serves at least 25 individuals. In The clerk will call the roll. EPA has to issue regulations that describing a public water system, The legislative clerk called the roll. make it simple. The Democratic leader EPA’s regulations and guidance use The PRESIDING OFFICER. Are there is supporting this. Senator LAUTEN- such terms as ‘‘serves’’ and ‘‘delivers,’’ any other Senators in the Chamber BERG is supporting this. Senator KOHL, usually in the context of ‘‘customers.’’ who desire to vote? whose State had a terrible outbreak of These terms are clearly contrary to a The result was announced, yeas 59, cryptosporidium and lost lives, is sup- situation where the irrigation system nays 40, as follows: porting it. We think this is extremely does not either consent to having The result was announced—yeas 59, reasonable. It is not an unfunded man- water withdrawn for human consump- nays 40, as follows: date. Governors can opt out of this. tion, or know that such withdrawals [Rollcall Vote No. 587 Leg.] Small water systems can opt out of are occurring with respect to the req- YEAS—59 this. The large water systems serve 83 uisite number of connections or cus- Abraham Faircloth McCain percent of our people. tomers. Ashcroft Frist McConnell We think this is a solid amendment Mr. KEMPTHORNE. Questions also Baucus Gorton Moynihan and we urge a ‘‘no’’ vote on the motion have arisen about how the new provi- Bennett Gramm Murkowski Bond Grams Nickles to table. sion would apply to irrigation systems Breaux Grassley Nunn I yield the remainder of my time. that provide water to municipal drink- Brown Gregg Pressler The PRESIDING OFFICER. There ing water systems, which then treat Bryan Hatch Reid are 4 minutes remaining. Is there fur- the water and provide it to customers Burns Hatfield Roth ther debate? Campbell Helms Santorum for human consumption. Would these Chafee Hutchison Shelby Mr. CHAFEE. Madam President, irrigation systems be treated as public Coats Inhofe Simpson while we are preparing several col- water systems on this basis? Cochran Johnston Smith loquies to submit for the RECORD, I will Coverdell Kassebaum Specter Mr. CHAFEE. No. Under the new pro- Craig Kempthorne Stevens take this brief opportunity to thank vision, a connection is not considered, D’Amato Kerrey Thomas everybody involved. Particularly, I for purposes of determining whether an DeWine Kyl Thompson thank the distinguished chairman of entity is a public water system, if the Dole Lott Thurmond the subcommittee, Senator Domenici Lugar Warner water is treated by a pass-through en- Exon Mack KEMPTHORNE, for his splendid work on tity to achieve a level of treatment this. He has really been a tower of equivalent to the level provided by ap- NAYS—40 strength and the leader of this whole plicable drinking water regulations. In Akaka Ford Lieberman effort. Biden Glenn Mikulski the case you describe, the municipal Bingaman Graham Moseley-Braun Also, I thank the ranking member, water system would be providing such Boxer Harkin Murray Senator BAUCUS, and Senator REID, the treatment, and the irrigation system’s Bradley Heflin Pell ranking member of the subcommittee, provision of water to the municipal Bumpers Hollings Pryor and all the staff for their wonderful Byrd Inouye Robb water system would not be considered Cohen Jeffords Rockefeller work. I particularly thank Jimmie a connection. Conrad Kennedy Sarbanes Powell on this side, who really was The PRESIDING OFFICER. The Sen- Daschle Kerry Simon very, very effective. Dodd Kohl Snowe ator from Idaho. Dorgan Lautenberg Wellstone PUBLIC WATER SYSTEM DEFINITION Mr. KEMPTHORNE. Madam Presi- Feingold Leahy Mr. KEMPTHORNE. Some questions dent, I commend the floor manager, Feinstein Levin have arisen about how section 24(b) of Senator CHAFEE, for his efforts, not So, the motion to lay on the table the bill, which amends the definition of only during the months that it took us the amendment (No. 3078) was agreed public water systems, applies to cer- to get here but for his demeanor today to. tain irrigation systems. As the com- on the floor. I also thank Senator BAU- Mr. CHAFEE. Mr. President, I move mittee report explains, the provision is CUS, the other floor manager of this to reconsider the vote. intended to address a narrow set of sit- very important legislation, and Sen- Mr. KEMPTHORNE. I move to lay uations, such as the one that was in- ator REID, for this legislation that is that motion on the table. volved in the Imperial Irrigation court going to be well received by all the The motion to lay on the table was decision, where an irrigation system is States and municipalities throughout agreed to. knowingly providing drinking water to the United States and their constitu- The PRESIDING OFFICER (Mrs. a large number of customers. However, ents. HUTCHISON). The question is on the en- it is my understanding that the provi- I thank the staffs of Senator BAUCUS grossment and third reading of the bill. sion does not apply to irrigation sys- and Senator REID and the staff of Sen- The bill was ordered to be engrossed tems that only intend to provide water ator CHAFEE: Jimmie Powell and Steve for a third reading and was read the for such purposes as irrigation and Shimberg; and acknowledge my staff, third time. stock watering, and do not intend that Meg Hunt, Ann Klee, and Buzz The PRESIDING OFFICER. The bill water be withdrawn for drinking water Fawcett, and thank all the Senators having been read the third time, the use. who participated today, in their sug- question is, Shall it pass? The yeas and Mr. BAUCUS. I agree with Senator gestions or debate, for their improve- nays have been ordered. The clerk will KEMPTHORNE’s interpretation. In the ments to the bill. call the roll. arid west, where irrigation systems I look forward to what is about to The result was announced—yeas 99, may cover vast distances, it would be happen, which is we are going to as- nays 0, as follows: unfair and impractical to treat an irri- tound our families by voting on final [Rollcall Vote No. 588 Leg.] gation system as a public water system passage of this at a relatively early just because a number of people with- hour. Then I suggest all Senators go YEAS—99 draw water for drinking water use home, have supper with their families, Abraham Bryan D’Amato Akaka Bumpers Daschle without the permission or knowledge and raise a toast of safe drinking water Ashcroft Burns DeWine of the system, and I do not believe that to what we have accomplished today. Baucus Byrd Dodd the provision applies to such situa- Mr. CHAFEE. We have no need for Bennett Campbell Dole further time, Madam President. Biden Chafee Domenici tions. Bingaman Coats Dorgan Mr. KEMPTHORNE. Does the man- VOTE ON AMENDMENT NO. 3078 Bond Cochran Exon ager of the bill share this view. The PRESIDING OFFICER. All time Boxer Cohen Faircloth Mr. CHAFEE. Yes. The Safe Drinking has expired. Bradley Conrad Feingold Breaux Coverdell Feinstein Water Act defines a public water sys- The question now occurs on the mo- Brown Craig Ford tem as a system for the provision to tion to table the amendment offered by S 17774 CONGRESSIONAL RECORD — SENATE November 29, 1995 Frist Kennedy Pell Secretary of State and the Secretary of on Non-Proliferation Policy’’ appended Glenn Kerrey Pressler Gorton Kerry Pryor Energy, which includes a summary of to the text of the agreement I am Graham Kohl Reid the provisions of the agreement and transmitting herewith. Gramm Kyl Robb other attachments, including the views The proposed new agreement pro- Grams Lautenberg Rockefeller of the Nuclear Regulatory Commission, vides for very stringent controls over Grassley Leahy Roth certain fuel cycle activities, including Gregg Levin Santorum is also enclosed. Harkin Lieberman Sarbanes The proposed new agreement with enrichment, reprocessing, and alter- Hatch Lott Shelby EURATOM has been negotiated in ac- ation in form or content and storage of Hatfield Lugar Simon cordance with the Atomic Energy Act plutonium and other sensitive nuclear Heflin Mack Simpson materials. The United States and Helms McCain Smith of 1954, as amended by the Nuclear Hollings McConnell Snowe Non-Proliferation Act of 1978 (NNPA) EURATOM have accepted these con- Hutchison Mikulski Specter and as otherwise amended. It replaces trols on a reciprocal basis, not as a Inhofe Moseley-Braun Stevens two existing agreements for peaceful sign of either Party’s distrust of the Inouye Moynihan Thomas Jeffords Murkowski Thompson nuclear cooperation with EURATOM, other, and not for the purpose of inter- Johnston Murray Thurmond including the 1960 agreement that has fering with each other’s fuel cycle Kassebaum Nickles Warner served as our primary legal framework choices, which are for each Party to de- Kempthorne Nunn Wellstone for cooperation in recent years and termine for itself, but rather as a re- So the bill (S. 1316), as amended, was that will expire by its terms on Decem- flection of their common conviction passed. ber 31 of this year. The proposed new that the provisions in question rep- (The text of the bill will be printed in agreement will provide an updated, resent an important norm for peaceful a future edition of the RECORD.) comprehensive framework for peaceful nuclear commerce. Mr. KEMPTHORNE. Madam Presi- nuclear cooperation between the Unit- In view of the strong commitment of dent, I move to reconsider the vote. ed States and EURATOM, will facili- EURATOM and its member states to Mr. COATS. I move to lay that mo- tate such cooperation, and will estab- the international nonproliferation re- tion on the table. lish strengthened nonproliferation con- gime, the comprehensive nonprolifera- The motion to lay on the table was ditions and controls including all those tion commitments they have made, the agreed to. required by the NNPA. The new agree- advanced technological character of the EURATOM civil nuclear program, ment provides for the transfer of non- f the long history of extensive trans- nuclear material, nuclear material, atlantic cooperation in the peaceful MORNING BUSINESS and equipment for both nuclear re- uses of nuclear energy without any search and nuclear power purposes. It Mr. COATS. Madam President, I ask risk of proliferation, and the fact that does not provide for transfers under the unanimous consent that there now be a all member states are close allies or agreement of any sensitive nuclear period for morning business. close friends of the United States, the technology (SNT). The PRESIDING OFFICER. Without proposed new agreement provides to The proposed agreement has an ini- objection, it is so ordered. EURATOM (and on a reciprocal basis, tial term of 30 years, and will continue f to the United States) advance, long- in force indefinitely thereafter in in- term approval for specified enrich- crements of 5 years each until termi- REPORT OF THE AGREEMENT FOR ment, retransfers, reprocessing, alter- nated in accordance with its provi- COOPERATION IN THE PEACEFUL ation in form or content, and storage sions. In the event of termination, key USES OF NUCLEAR ENERGY BE- of specified nuclear material, and for nonproliferation conditions and con- TWEEN THE UNITED STATES retransfers of nonnuclear material and trols, including guarantees of safe- AND THE EUROPEAN ATOMIC EN- equipment. The approval for reprocess- guards, peaceful use and adequate ERGY COMMUNITY—MESSAGE ing and alteration in form or content FROM THE PRESIDENT—PM 99 physical protection, and the U.S. right may be suspended if either activity to approve retransfers to third parties, The PRESIDING OFFICER laid be- ceases to meet the criteria set out in will remain effective with respect to fore the Senate the following message U.S. law, including criteria relating to transferred nonnuclear material, nu- from the President of the United safeguards and physical protection. clear material, and equipment, as well States, together with an accompanying In providing advance, long-term ap- as nuclear material produced through report; which was referred to the Com- proval for certain nuclear fuel cycle ac- their use. Procedures are also estab- mittee on Foreign Relations. tivities, the proposed agreement has lished for determining the survival of features similar to those in several To the Congress of the United States: additional controls. other agreements for cooperation that I am pleased to transmit to the Con- The member states of EURATOM and the United States has entered into sub- gress, pursuant to sections 123 b. and the European Union itself have impec- sequent to enactment of the NNPA. 123 d. of the Atomic Energy Act of 1954, cable nuclear nonproliferation creden- These include bilateral U.S. agree- as amended (42 U.S.C. 2153 (b), (d)), the tials. All EURATOM member states are ments with Japan, Finland, Norway text of a proposed Agreement for Co- party to the Treaty on the Non-Pro- and Sweden. (The U.S. agreements with operation in the Peaceful Uses of Nu- liferation of Nuclear Weapons (NPT). Finland and Sweden will be automati- clear Energy Between the United EURATOM and all its nonnuclear cally terminated upon entry into force States of America and the European weapon state member states have an of the new U.S.-EURATOM agreement, Atomic Energy Community agreement with the International as Finland and Sweden joined the Eu- (EURATOM) with accompanying Atomic Energy Agency (IAEA) for the ropean Union on January 1, 1995.) agreed minute, annexes, and other at- application of full-scope IAEA safe- Among the documents I am transmit- tachments. (The confidential list of guards within the respective territories ting herewith to the Congress is an EURATOM storage facilities covered of the nonnuclear weapon states. The analysis by the Secretary of Energy of by the Agreement is being transmitted two EURATOM nuclear weapon states, the advance, long-term approvals con- directly to the Senate Foreign Rela- France and the United Kingdom, like tained in the proposed U.S. agreement tions Committee and the House Inter- the United States, have voluntary safe- with EURATOM. The analysis con- national Relations Committee.) I am guards agreements with the IAEA. In cludes that the approvals meet all re- also pleased to transmit my written addition, EURATOM itself applies its quirements of the Atomic Energy Act. approval, authorization and determina- own stringent safeguards at all peace- I believe that the proposed agree- tion concerning the agreement, and the ful facilities within the territories of ment for cooperation with EURATOM memorandum of the Director of the all member states. The United States will make an important contribution United States Arms Control and Disar- and EURATOM are of one mind in their to achieving our nonproliferation, mament Agency with the Nuclear Pro- unswerving commitment to achieving trade and other significant foreign pol- liferation Assessment Statement con- global nuclear nonproliferation goals. I icy goals. cerning the agreement. The joint call the attention of the Congress to In particular, I am convinced that memorandum submitted to me by the the joint U.S.-EURATOM ‘‘Declaration this agreement will strengthen the November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17775 international nuclear nonproliferation technical corrections in the enrollment of S. EC–1634. A communication from the Sec- regime, support of which is a fun- 1060. retary of Transportation, transmitting, pur- damental objective of U.S. national se- The message also announced that the suant to law, the annual report entitled, House has agreed to the concurrent ‘‘National Maxium Speed Limit’’ for fiscal curity and foreign policy, by setting a year 1993; to the Committee on the Environ- high standard for rigorous non- resolution, without amendment: ment and Public Works. proliferation conditions and controls. S. Con. Res. 33. Concurrent resolution ex- EC–1635. A communication from the chair- It will substantially upgrade U.S. pressing the thanks and good wishes of the man of the Good Neighbor Environmental controls over nuclear items subject to American people to the Honorable George M. Board, transmitting, pursuant to law, the the current U.S.-EURATOM agreement White on the occasion of his retirement as first annual report concerning environ- as well as over future cooperation. the Architect of the Capitol. mental and infrastructure needs within the The message further announced that States contiguous to Mexico; to the Commit- I believe that the new agreement will tee on the Environment and Public Works. also demonstrate the U.S. intention to pursuant to section 2702(a)(1)(B)(vi) of EC–1636. A communication from the Chair- be a reliable nuclear trading partner, Public Law 101–509, the Clerk appoints man of the Nuclear Regulatory Commission, and thus help ensure the continuation Mr. Roger Davidson of Washington, transmitting, pursuant to law, the report on and, I hope, growth of U.S. civil nu- D.C., as a member from private life, to abnormal occurrences for events at licensed clear exports to EURATOM member the Advisory Committee on the nuclear facilities for the period April 1 to Records of Congress on the part of the June 30, 1995; to the Committee on Environ- states. ment and Public Works. I have considered the views and rec- House. EC–1637. A communication from the Assist- ommendations of the interested agen- f ant Legal Adviser for Treaty Affairs, Depart- cies in reviewing the proposed agree- MEASURES PLACED ON THE ment of State, the report of the texts of ment and have determined that its per- international agreements, other than trea- CALENDAR formance will promote, and will not ties, and background statements; to the constitute an unreasonable risk to, the The following bill was read the sec- Committee on Foreign Relations. common defense and security. Accord- ond time and placed on the calendar: f ingly, I have approved the agreement S. 1432. A bill to amend title II of the So- REPORTS OF COMMITTEES cial Security Act to provide for increases in and authorized its execution and urge The following reports of committees that the Congress give it favorable con- the amounts of allowable earnings under the social security earnings limit for individuals were submitted: sideration. who have attained retirement age, and for By Mr. PRESSLER, from the Committee Because this agreement meets all ap- other purposes. on Commerce, Science, and Transportation, plicable requirements of the Atomic f with amendments: Energy Act of 1954, as amended, for S. 1142. A bill to authorize appropriations agreements for peaceful nuclear co- EXECUTIVE AND OTHER for the National Oceanic and Atmospheric operation, I am transmitting it to the COMMUNICATIONS Administration, and for other purposes (Rept. No. 104–178). Congress without exempting it from The following communications were any requirement contained in section laid before the Senate, together with f 123 a. of that Act. This transmission accompanying papers, reports, and doc- EXECUTIVE REPORTS OF shall constitute a submittal for pur- uments, which were referred as indi- COMMITTEES poses of both sections 123 b. and 123 d. cated: The following executive reports of of the Atomic Energy Act. The Admin- EC–1627. A communication from the Ad- committees were submitted: istration is prepared to begin imme- ministrator of the National Aeronautics and By Mr. THURMOND, from the Committee diately the consultations with the Sen- Space Administration, transmitting, pursu- on Armed Services: ate Foreign Relations and House Inter- ant to law, notice to use other than full and Arthur L. Money, of California, to be an national Relations Committees as pro- open competition to negotiate a single prime Assistant Secretary of the Air Force. vided in section 123 b. Upon completion contract with the United Space Alliance; to (The above nomination was reported the Committee on Commerce, Science, and of the 30-day continuous session period Transportation. with the recommendation that he be provided for in section 123 b., the 60- EC–1628. A communication from the Under confirmed, subject to the nominee’s day continuous session period provided Secretary of Defense, transmitting, pursuant commitment to respond to requests to for in section 123 d. shall commence. to law, the report of four violations of the appear and testify before any duly con- WILLIAM J. CLINTON. Antideficiency Act, case number 92–78; to the stituted committee of the Senate.) THE WHITE HOUSE, November 29, 1995. Committee on Appropriations. f f EC–1629. A communication from the Under Secretary of Defense, transmitting, pursuant INTRODUCTION OF BILLS AND MESSAGES FROM THE HOUSE to law, the report of a violation of the JOINT RESOLUTIONS At 12:25 p.m., a message from the Antideficiency Act, case number 94–08; to the Committee on Appropriations. The following bills and joint resolu- House of Representatives, delivered by EC–1630. A communication from the Sec- tions were introduced, read the first Ms. Goetz, one of its reading clerks, an- retary of Commerce, transmitting, pursuant and second time by unanimous con- nounced that the House has passed the to law, the report entitled, ‘‘Imposition of sent, and referred as indicated: following bills, in which it requests the Foreign Policy Export Controls on Specially By Mr. MCCAIN: concurrence of the Senate: Designed Implements of Torture and S. 1433. A bill to direct the Secretary of H.R. 2519. An act to facilitate contribu- Thumbscrews’’; to the Committee on Bank- Energy to establish a system for defining the tions to charitable organizations by codifying, Housing, and Urban Affairs. scope of energy research and development ing certain exemptions from the Federal se- EC–1631. A communication from the Dep- projects, and for other purposes; to the Com- curities laws, and for other purposes. uty and Acting Chief Executive Officer of the mittee on Energy and Natural Resources. H.R. 2525. An act to modify the operation Resolution Trust Corporation, transmitting, By Mr. THOMAS (for himself, Mr. of the antitrust laws, and of state laws simi- pursuant to law, the comprehensive litiga- DOLE, Mr. DOMENICI, Mr. SIMPSON, lar to the antitrust laws, with respect to tion report for the period April 1 to Septem- Mrs. KASSEBAUM, Mr. FAIRCLOTH, Mr. charitable gift annuities. ber 30, 1995; to the Committee on Banking, THOMPSON, and Mr. COCHRAN): Housing, and Urban Affairs. S. 1434. A bill to amend the Congressional The message also announced that the EC–1632. A communication from the Direc- Budget Act of 1974 to provide for a two-year House has passed the following bill, tor of the Office of Management and Budget, (biennial) budgeting cycle, and for other pur- without amendment: the Executive Office of the President, trans- poses; to the Committee on the Budget and S. 1060. An act to provide for the disclosure mitting, pursuant to law, the report on ap- the Committee on Governmental Affairs, of lobbying activities to influence the Fed- propriations legislation within 5 days of en- jointly, pursuant to the order of August 4, eral Government, and for other purposes. actment; to the Committee on the Budget. 1977, with instructions that if one Committee The message further announced that EC–1633. A communication from the Sec- reports, the other Committee has thirty days retary of Transportation, transmitting, pur- the House has agreed to the concurrent to report or be discharged. suant to law, the annual report under the By Mr. MCCONNELL (for himself and resolution, in which it requests the Superfund Amendments and Reauthorization Mr. WARNER): concurrence of the Senate. Act of 1986 (SARA) for fiscal year 1995; to the S. 1435. A bill to grant immunity from per- H. Con. Res. 116. Concurrent resolution di- Committee on the Environment and Public sonal civil liability, under certain cir- recting the Secretary of the Senate to make Works. cumstances, to volunteers working on behalf S 17776 CONGRESSIONAL RECORD — SENATE November 29, 1995 of non-profit organizations and govern- that are ill defined and poorly managed that it has made in the past—mistakes mental entities; to the Committee on the Ju- because of a lack of direction and pur- due to ill-defined projects and lack of diciary. pose. We should not be providing Fed- proper planning. By Mr. LAUTENBERG: eral dollars to any program in which it I look forward to further discussions S. 1436. A bill to amend the Federal Water with my colleagues on how to further Pollution Control Act to allow certain pri- is not clear how the American public vately owned public treatment works to be will benefit from its investment. It improve this bill. I hope my colleagues treated as publicly owned treatment works, only stands to reason that if the pri- will join me in supporting this bill as and for other purposes; to the Committee on vate sector will not fund efforts in we debate the future of the Department Environment and Public Works. which there is not some return on its of Energy and work to eliminate By Mr. THURMOND: investment, the Federal Government projects that can and should be under- S. 1437. A bill to provide for an increase in should not either. taken by the private sector, we should funding for the conduct and support of diabe- Furthermore, we should not be fund- at the very least seek ways to ensure a tes-related research by the National Insti- direction and efficiency in the projects tutes of Health; to the Committee on Labor ing efforts that the private sector should be funding because of its huge we do undertake.∑ and Human Resources. By Mr. THOMAS (for himself, Mr. f payoff to the private sector and minimal payoff to the American public. If DOLE, Mr. DOMENICI, Mr. SIMP- SUBMISSION OF CONCURRENT AND there is shared benefits to be realized SON, Mrs. KASSEBAUM, Mr. SENATE RESOLUTIONS by both, then the effort should be cost FAIRCLOTH, Mr. THOMPSON, and Mr. COCHRAN): The following concurrent resolutions shared between the two. and Senate resolutions were read, and The Department of Energy spends ap- S. 1434. A bill to amend the Congres- referred (or acted upon), as indicated: proximately $7 billion a year on re- sional Budget Act of 1974 to provide for a 2-year—biennial—budgeting cycle, By Mr. DOLE (for himself, Mr. search and development activities. and for other purposes; to the Commit- DASCHLE, Mr. ABRAHAM, Mr. AKAKA, They cover a wide range of science and Mr. ASHCROFT, Mr. BAUCUS, Mr. BEN- engineering issues in the energy field. tee on the Budget and the Committee NETT, Mr. BIDEN, Mr. BINGAMAN, Mr. Any savings due to an improvement in on Governmental Affairs, jointly, pur- BOND, Mrs. BOXER, Mr. BRADLEY, Mr. the efficiency and the effectiveness of suant to the order of August 4, 1977, BREAUX, Mr. BROWN, Mr. BRYAN, Mr. the management system will amount with instructions that if one commit- BUMPERS, Mr. BURNS, Mr. BYRD, Mr. to several millions of dollars. tee reports, the other committee has 30 CAMPBELL, Mr. CHAFEE, Mr. COATS, Mr. President, I am introducing a bill days to report or be discharged. Mr. COCHRAN, Mr. COHEN, Mr. that will begin to address this issue. THE BIENNIAL BUDGETING ACT OF 1995 CONRAD, Mr. COVERDELL, Mr. CRAIG, Mr. THOMAS. Mr. President, I rise Mr. D’AMATO, Mr. DEWINE, Mr. DODD, The bill will require the Secretary of today to introduce a bill that creates a Mr. DOMENICI, Mr. DORGAN, Mr. EXON, Energy to establish a project definition Mr. FAIRCLOTH, Mr. FEINGOLD, Mrs. system for research and development biennial budgeting cycle. It seems to FEINSTEIN, Mr. FORD, Mr. FRIST, Mr. projects in which projects costs are ex- me it is particularly appropriate to do GLENN, Mr. GORTON, Mr. GRAHAM, Mr. pected to exceed $1 million. that now. We have spent almost this GRAMM, Mr. GRAMS, Mr. GRASSLEY, It is expected that by requiring this entire year dealing with the budget. Mr. GREGG, Mr. HARKIN, Mr. HATCH, project definition system prior to fund- Surely it has been an unusual budget Mr. HATFIELD, Mr. HEFLIN, Mr. ing any project, costly revisions in year in that we are attempting to HELMS, Mr. HOLLINGS, Mrs. project plans and directions may be make some changes, fundamental HUTCHISON, Mr. INHOFE, Mr. INOUYE, avoided. The project definition docu- changes, in direction. But it is not oth- Mr. JEFFORDS, Mr. JOHNSTON, Mrs. erwise unusual. As a matter of fact, KASSEBAUM, Mr. KEMPTHORNE, Mr. ment, the product of the project defini- since 1977, there have been 55 continu- KENNEDY, Mr. KERREY, Mr. KERRY, tion system, will provide the founda- ing resolutions, which would indicate Mr. KOHL, Mr. KYL, Mr. LAUTENBERG, tion by which more detailed project Mr. LEAHY, Mr. LEVIN, Mr. plans can be developed. It is expected we need to change the budgeting proc- LIEBERMAN, Mr. LOTT, Mr. LUGAR, that this system will also further en- ess. I am joined in this effort by a number of Senators originally and hope to Mr. MACK, Mr. MCCAIN, Mr. MCCON- sure that the Department is not fund- NELL, Ms. MIKULSKI, Ms. MOSELEY- have more: Senator DOLE, Senator DO- ing projects that are not addressing a BRAUN, Mr. MOYNIHAN, Mr. MURKOW- MENICI, Senator SIMPSON, Senator known problem. SKI, Mrs. MURRAY, Mr. NICKLES, Mr. KASSEBAUM, Senator FAIRCLOTH, Sen- The bill identifies a number of issues NUNN, Mr. PELL, Mr. PRESSLER, Mr. ator THOMPSON and Senator COCHRAN. PRYOR, Mr. REID, Mr. ROBB, Mr. or questions to be resolved prior to the There are a lot of things we ought to ROCKEFELLER, Mr. ROTH, Mr. funding of a project. Included are such be doing. We ought to be dealing with SANTORUM, Mr. SARBANES, Mr. SHEL- things as project cost, duration, future health care. We have not finished that BY, Mr. SIMON, Mr. SIMPSON, Mr. users or beneficiaries, cost sharing, and SMITH, Ms. SNOWE, Mr. SPECTER, Mr. problem. We ought to be dealing with expected outcome. regulatory reform. Most everyone STEVENS, Mr. THOMAS, Mr. THOMP- However, also included in this list is SON, Mr. THURMOND, Mr. WARNER, and agrees with that. Telecommunications, the criteria to be used to determine the Mr. WELLSTONE): where we can deregulate and move for- S. Res. 196. A resolution relative to the end of the project or the end of Govern- ward with the things that will create death of the Reverend Richard Halverson, ment funding. For many years, Govern- jobs and move us forward. Personally, I late the Chaplain of the U.S. Senate; consid- ment-sponsored projects have gone on believe we ought to be doing something ered and agreed to. for years without any clear end in with rangeland reform. Some of us live f sight. They have consumed years of in States where 50 to 80 percent of the funding with little or no benefit for STATEMENTS ON INTRODUCED surface belongs to the Federal Govern- continuation. By having this criteria BILLS AND JOINT RESOLUTIONS ment and is managed by the Federal established at the beginning of the Government. We need to change some By Mr. MCCAIN: project, this practice will be stopped. of those things. Foreign policy—we S. 1433. A bill to direct the Secretary With this stoppage of Government sup- need to be involved more in foreign of Energy to establish a system for de- port, any cost-sharing partners may policy. I think we find ourselves drift- fining the scope of energy research and continue with the project if they decide ing into situations where we need to development projects, and for other to do so. make policy in certain places and the purposes; to the Committee on Energy Mr. President, I feel this bill takes a administration says, gosh, we do not and Natural Resources. step in the right direction of ensuring want to do that until we get an agree- DEFINING THE SCOPE OF ENERGY RESEARCH AND that our public resources are invested ment, and then, after we have an agree- DEVELOPMENT PROJECTS LEGISLATION wisely and responsibly. I feel that if ment, it is too late to talk about it. So, ∑ Mr. MCCAIN. Mr. President, at a the Department can invest a little essentially, the Congress is outside of time in which we are trying to reduce more time, more money, at the begin- foreign policy. That is wrong. We ought the deficit and improve the efficiency ning of these expensive research and to be talking about endangered species, of government, we should not be fund- development projects, it can avoid and a number of things that need to be ing research and development projects some of the costly type of mistakes done. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17777 Instead, Mr. President, as you know, year of the President’s term, and in the bill allows the States to add further re- we spend almost all our time deciding first year of the sessions of Congress so finements to the Federal standard. on how we are going to fund the Gov- that new Congresses can implement This will give the States a degree of ernment. Most States—the Presiding their budget, and then have a year for flexibility and it strikes a balance be- Officer, I think, in his State of Mis- oversight. It would encourage longer- tween the federalism interest and the souri, served as Governor—have bien- term planning in the agencies. need to protect volunteers from these nial budgets. There are a couple of ad- I think that is one of the keys to re- lawsuits. If a State enacts one or more vantages to that, certainly. One of ducing the cost of Government. There of these additional criteria, the State them is that it gives a little longer have been very many programs, of law will be consistent with the Federal time for agencies to plan. Rather than course, that need to be analyzed, and standard: every year, they have more tenure in that have to have applied to them pri- A requirement that the organization their budgeting. They can plan longer. orities. Things need to be done much or entity adhere to risk management More important, I think, it allows the better—things that could be trans- procedures, including the training of Congress, then, to have some time to ferred to local governments, and closer volunteers. do the other things, one of which is to the people. Those things all are A requirement that the organization oversight of the budget. often a result of oversight. or entity be accountable for the ac- I suspect that the budget debate will There is a good deal of support for tions of its volunteers in the same way not be over in this session of Congress this proposition, as there has been in that an employer is liable for the acts of its employees. until next year. I suspect in less than 2 the past—Citizens Against Government An exemption from the liability pro- months we will be moving into another Waste, the Hudson Institute, Concord tection in the event the volunteer is budget debate which consumes all of Coalition, Cato Institute, Committee using a motor vehicle or similar instru- our time. I already mentioned that for Responsible Federal Budgeting—a ment. since 1977 we have had 55 continuing 20-year history of legislative bipartisan An exemption from the liability pro- resolutions. We have had too many re- support in this Congress supported by tection if the lawsuit is brought by a petitive votes. We are back on the Presidents Bush and Reagan over the State or local official in accordance same thing over and over and over years. with State or local law. again without any new issue. Mr. President, this is obviously not a A requirement that the liability pro- So there has not been, and continues cure-all. Budgets are difficult. The al- tection applies only if the nonprofit or- not to be, enough time for vigorous location of money to activities is not ganization or government entity pro- oversight. I suspect one of the principal easy, and it is terribly important. But vides a financially secure source of re- functions of the legislative body ought I submit to you that it can be done as covery, such as an insurance policy, for to be oversight of the budgets that well in 2-year blocks, and the results those who suffer harm. they have approved to ensure that they will be much better. The results will be I ask unanimous consent that a copy are, indeed, being spent as they were much better for the operations of Con- of the bill be printed in the RECORD and designed to be spent and to discover gress. The results will be much better Legal Backgrounder entitled, ‘‘Unfair how they can be spent more efficiently for the operations of Government. Lawsuits Threaten Volunteers’’ as well and more effectively. That is one of the as the American Tort Reform Associa- things we have had very little time to By Mr. MCCONNELL (for himself tion’s ‘‘A Few Facts About Volunteer do. and Mr. WARNER): Liability’’ also be printed in the The provisions of this bill are rather S. 1435. A bill to grant immunity RECORD. simple. By the way, this is not a new from personal civil liability, under cer- Mr. President, this bill is widely sup- idea. This has been introduced a num- tain circumstances, to volunteers ported by those organizations who rely ber of times, been considered and sup- working on behalf of nonprofit organi- on volunteers to provide important ported by many Members of this body. zations and governmental entities; to services to our communities. Some 150 It creates a 2-year authorization of ap- the Committee on the Judiciary. organizations have endorsed this bill propriation and budget resolutions so THE VOLUNTEER PROTECTION ACT and I ask that a list of the Coalition that you set it out in a block and say Mr. MCCONNELL. Mr. President, vol- for Volunteer Protection be printed in here we are. It is not much more dif- unteer service has become a high-risk the RECORD. ficult to do it for 2 years than 1. You venture. Our ‘‘sue happy’’ legal culture I look forward to the Senate’s consid- simply have a block of 2 years in which has ensnared those selfless individuals eration of this bill and to prompt pas- to do a budget. It is not difficult at all. who help worthy organizations and in- sage. We cannot afford not to enact All budgetary activities would take stitutions through volunteer service. this legislation. Our communities are place during the first session of Con- And, these lawsuits are proof that no depending upon us. There being no objection, the mate- gress. So in the second session you good deed goes unpunished. rials were ordered to be printed in the would have a chance to go back and In order to relieve volunteers from RECORD, as follows: provide some oversight to what is these million dollar liability judg- S. 1435 being done with the money that has ments, I am pleased to introduce the been appropriated. Oversight in Be it enacted by the Senate and House of Rep- Volunteer Protection Act. resentatives of the United States of America in nonbudgetary matters would be taken The litigation craze is hurting the Congress assembled, up in the second session of Congress. spirit of voluntarism that is an inte- SECTION 1. SHORT TITLE. There would be an opportunity to do gral part of American society. From This Act may be cited as the ‘‘Volunteer the kinds of policy things that the Con- school chaperones to Girl Scout and Protection Act of 1995’’. gress is designed to do in addition to Boy Scout troop leaders to good samar- SEC. 2. FINDINGS AND PURPOSE. spending all of our time funding the itan doctors and nursing home aides, (a) FINDINGS.—The Congress finds and de- Government. Benefits, of course, would volunteers perform valuable services. clares that— promote timely action on the budget, And, these volunteers are being (1) the willingness of volunteers to offer their services is deterred by potential for li- and would eliminate some of the redun- dragged into court and needlessly and ability actions against them and the organi- dancy. We need to do that. It would unfairly sued. The end result? Too zations they serve; provide more time for effective over- many people pointing fingers and too (2) as a result, many nonprofit public and sight in the off years, and it would help few offering a helping hand. private organizations and governmental en- so that we can reduce the size of Gov- So, this bill creates immunity from tities, including voluntary associations, so- ernment. lawsuits for those volunteers who act cial service agencies, educational institu- It would also reduce the number of within the scope of their responsibil- tions, and other civic programs, have been times where there is potential for the adversely affected by the withdrawal of vol- ities, who are properly licensed or cer- unteers from boards of directors and service kinds of congressional-Presidential tified where necessary, and who do not in other capacities; conflicts that arise so often as in the cause harm willfully and wantonly. (3) the contribution of these programs to process now that arises. If would allow In addition to creating a Federal their communities is thereby diminished, re- the budget to be adopted in the first standard for volunteer protection, the sulting in fewer and higher cost programs S 17778 CONGRESSIONAL RECORD — SENATE November 29, 1995 than would be obtainable if volunteers were (4) A State law that the limitation of li- Alerted that Fredborg lay helpless on the participating; and ability does not apply if the civil action was slope, Walter Walker, now 54, and his son (4) because Federal funds are expended on brought by an officer of a State or local gov- Kevin, 31, and teammates from the volunteer useful and cost-effective social service pro- ernment pursuant to State or local law. Riverside Mountain Rescue Unit scrambled grams, many of which are national in scope, (5) A State law that the limitation of li- to aid a physician and a paramedic in mount- depend heavily on volunteer participation, ability shall apply only if the nonprofit orga- ing a ticklish nighttime helicopter evacu- and represent some of the most successful nization or governmental entity provides a ation. Over the last 30 years, the unit’s vol- public-private partnerships, protection of financially secure source of recovery for in- unteers have saved hundreds of lives. But for volunteerism through clarification and limi- dividuals who suffer harm as a result of ac- their troubles, the Walkers and the others tation of the personal liability risks assumed tions taken by a volunteer on behalf of the involved in the emergency mission were sued by the volunteer in connection with such organization or entity. A financially secure two years later by the victim, who asked $12 participation is an appropriate subject for source of recovery may be an insurance pol- million in damages, claiming that ‘reckless Federal legislation. icy within specified limits, comparable cov- and negligent’ rescue techniques had caused (b) PURPOSE.—The purpose of this Act is to erage from a risk pooling mechanism, equiv- him to become a quadriplegic. promote the interests of social service pro- alent assets, or alternative arrangements The lawsuit eventually was dropped. But gram beneficiaries and taxpayers and to sus- that satisfy the State that the entity will be not before the Walkers lost a lot of hours tain the availability of programs, nonprofit able to pay for losses up to a specified from their family printing business giving organizations, and governmental entities amount. Separate standards for different depositions and meeting with defense attor- that depend on volunteer contributions by types of liability exposure may be specified. neys provided them by the county sheriff’s department. Perhaps the most significant reforming the laws to provide protection SEC. 5. DEFINITIONS. consequence of the suit, says Walker, is that from personal financial liability to volun- For purposes of this Act— meticulous documentation and planning pro- teers serving nonprofit organizations and (1) the term ‘‘economic losses’’ means ob- cedures have been instituted in its wake to governmental entities for actions under- jectively verifiable monetary losses, includ- forestall future liability claims. ‘Probably taken in good faith on behalf of such organi- ing past and future medical expenses, loss of we were a little weak in that,’ he concedes. zations. past and future earnings, cost of obtaining Nevertheless, he adds, ‘It definitely has SEC. 3. PREEMPTION. replacement services in the home (including slowed us down in getting the team into the This Act preempts the laws of any State to child care, transportation, food preparation, field . . . Concern about liability exposure the extent that such laws are inconsistent and household care), cost of making reason- has complicated how we look at every mis- with this Act, except that this Act shall not able accommodations to a personal resi- sion.’ ’’—David O. Weber, ‘‘A Thousand preempt any State law that provides addi- dence, loss of employment, and loss of busi- Points of Fright?’’, Insurance Review, Feb- tional incentives or protections to volun- ness or employment opportunities; teers, or category of volunteers. ruary 1991. (2) the term ‘‘harm’’ includes physical, A man who was high on LSD was rescued SEC. 4. LIMITATION ON LIABILITY FOR VOLUN- nonphysical, economic, and noneconomic by a student, after he had jumped from a 30 TEERS. losses; foot dockside bar into a seven foot pool of (a) LIABILITY PROTECTION FOR VOLUN- (3) the term ‘‘noneconomic losses’’ means water. The man suffered a broken neck and TEERS.—Except as provided in subsections (b) losses for physical and emotional pain, suf- was left paralyzed for life. However, he sub- and (d), no volunteer of a nonprofit organiza- fering, inconvenience, physical impairment, sequently sued both the school and the stu- tion or governmental entity shall be liable mental anguish, disfigurement, loss of enjoy- dent. The judge eventually threw the case for harm caused by an act or omission of the ment of life, loss of society and companion- out, but unfortunately, this is just another volunteer on behalf of the organization or ship, loss of consortium (other than loss of prime example of a waste of tax payers entity if— domestic service), hedonic damages, injury money.—Mississippi Press, May 2, 1993. (1) the volunteer was acting within the to reputation and all other nonpecuniary ‘‘Amateur referees at softball diamonds, scope of his or her responsibilities in the losses of any kind or nature; high school stadiums and college field houses nonprofit organization or governmental en- (4) the term ‘‘nonprofit organization’’ are finding that their decisions can trigger tity at the time of the act or omission; means any organization described in section major-league lawsuits.’’ An Iowa souvenir (2) if appropriate or required, the volunteer 501(c) of the Internal Revenue Code of 1986 company faced with a suddenly devalued in- was properly licensed, certified, or author- and exempt from tax under section 501(a) of ventory challenged the last-second foul call ized by the appropriate authorities for the such Code; of a part-time Big Ten basketball official activities or practice in the State under- (5) the term ‘‘State’’ means each of the with a $175,000 negligence suit. The official taken within the scope of his or her respon- several States, the District of Columbia, the eventually won his court battle, but only sibilities in the nonprofit organization or Commonwealth of Puerto Rico, the Virgin after a costly two-year fight that went all governmental entity; and Islands, Guam, American Samoa, the North- the way to the Iowa Supreme Court. (3) the harm was not caused by willful and ern Mariana Islands, any other territory or ‘‘Some of our people got to the point where wanton misconduct by the volunteer. possession of the United States, or any polit- they were just afraid to work because of the (b) CONCERNING RESPONSIBILITY OF VOLUN- ical subdivision of any such State, territory, threat of lawsuits,’’ says Dottie Lewis of the TEERS WITH RESPECT TO ORGANIZATIONS.— or possession; and Southwest Officials Association in Dallas. Nothing in this section shall be construed to (6) the term ‘‘volunteer’’ means an individ- The Association provides officials for scho- affect any civil action brought by any non- ual performing services for a nonprofit orga- lastic games. profit organization or any governmental en- nization or a governmental entity who does A New Jersey umpire was sued by a catch- tity against any volunteer of such organiza- not receive— er who was hit in the eye by a softball while tion or entity. (A) compensation (other than reimburse- playing without a mask; he complained that (c) NO EFFECT ON LIABILITY OF ORGANIZA- ment or allowance for expenses actually in- the umpire should have lent him his. The TION.—Nothing in this section shall be con- curred); or catcher walked away with a $24,000 settle- strued to affect the liability of any nonprofit (B) any other thing of value in lieu of comment.—The Wall Street Journal, Friday, Au- organization or governmental entity with re- pensation, gust 11, 1989. spect to harm caused to any person. in excess of $300 per year, and such term in- 58% of the principals responding to a sur- (d) EXCEPTIONS TO VOLUNTEER LIABILITY cludes a volunteer serving as a director, offi- vey sponsored by the National Association of PROTECTION.—If the laws of a State limit vol- cer, trustee, or direct service volunteer. Secondary School Principals said that they unteer liability subject to one or more of the SEC. 6. EFFECTIVE DATE. had noticed a difference in the kinds of following conditions, such conditions shall school programs being offered in schools be- This Act applies to any claim for harm not be construed as inconsistent with this cause of liability concerns, and the use of caused by an act or omission of a volunteer Act: non-faculty volunteers was affected. Typi- filed on or after the date of enactment of (1) A State law that requires the organiza- cally, parent volunteers assist schools with this Act, without regard to whether the tion or entity to adhere to risk management tutoring, science programs, class trips and harm that is the subject of the claim or the procedures, including mandatory training of social activities.—1989 Survey Members of conduct that caused the harm occurred be- volunteers. the National Association of Secondary fore such date of enactment. (2) A State law that makes the organiza- School Principals. tion or entity liable for the acts or omissions AMERICAN TORT REFORM ASSOCIATION, of its volunteers to the same extent as an NATIONAL COALITION FOR VOLUNTEER Washington, DC. employer is liable for the acts or omissions PROTECTION of its employees. VOLUNTEER LIABILITY Academy of Medicine of Columbus and (3) A State law that the limitation of li- In October 1983, Craig Fredborg celebrated Franklin County, Air Force Association, ability does not apply if the volunteer was his birthday by climbing Box Springs Moun- Alabama Forestry Association, Alabama operating a motor vehicle, vessel, aircraft, tain, overlooking Riverside, California. To Oilmens Association, Alabama Textile Man- or other vehicle for which the State requires his companions’ horror, Fredborg slipped on ufacturers Association, Alliance for Fire and the operator or vehicle owner to possess an a boulder and plummeted some 90 feet, sus- Emergency Management, American Associa- operator’s license or to maintain insurance. taining severe spinal injuries. tion of Blood Banks, American Association November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17779 of Equine Practitioners, American Associa- merce, Michigan Dental Association, Michi- trapped in a disturbing pattern of recogniz- tion of Museums, American Association of gan Pork Producers Association, Midwest ing novel rights and enlarging the scope of Nurserymen, American Association of Occu- Equipment Dealers Association Incor- existing rights in an effort to redress a mul- pational Health Nurses, American Chamber porated, Minnesota Automobile Dealers As- titude of real and perceived wrongs and inju- of Commerce Executives, American College sociation, Minnesota Electrical Association, ries. The courts have regrettably found of Emergency Physicians—National Office. Mississippi Malt Beverage Association. rights, and corresponding remedies, to exist American College of Healthcare Execu- Mississippi Optometric Association, Mis- in cases involving grievances that are trivial tives, American Diabetes Association Ken- souri Association of Homes for the Aging, or mundane and in cases where acts or omis- tucky Affiliate, American Hardware Manu- Missouri Automobile Dealers Association, sions were not previously understood to be a facturers Association, American Horse Coun- Modular Building Institute, National Asso- legal wrong. In other cases, judges and juries cil Incorporated, American Horticultural ciation for Campus Activities, National As- have found serious injuries and other mat- Therapy Association, American Industrial sociation of Hosiery Manufacturers, National ters of grave concern to deserve recompense, Hygiene Association, American Institute of Electrical Contractors Association St. Louis even though the legal duty was uncertain or Architects North Carolina Chapter, Amer- Chapter, National Electronic Distributors the causal connection to the harm was at- ican Physical Therapy Association Califor- Association, National Federation of Non- tenuated. nia Chapter, American Physical Therapy As- profits, National Glass Association, National As a result, the value of rights that his- sociation Louisiana Chapter, American Pro- Parent Teachers Association, National torically have been recognized in the courts as a proper subject of redress has been deduction and Inventory Control Society, Small Business United, National Society of based by according them respect no greater American Red Cross, American Society of Professional Engineers, National Student than the most tenuous rights now being rec- Anesthesiologists, American Society of Asso- Nurses Association, Nevada Association of ognized. Moreover, the expansion of poten- ciation Executives, American Society of Me- Realtors. tial liability may diminish desirable and chanical Engineers Washington Office, Nevada Society of Certified Public Ac- beneficial conduct, such as the willingness to American Society of Safety Engineers. countants, North American Equipment Deal- serve as a volunteer. In the past, the courts American Tort Reform Association, An- ers Association, Ohio Lumberman’s Associa- seem to have understood that some cir- chorage Convention and Visitors Bureau, Ar- tion, Ohio Osteopathic Association, Ohio So- cumstances, even ones of tragic proportion, izona Academy of Family Physicians, Ari- ciety of Association Executives, Ohio Soci- are simply caused by accident or misfortune, zona Cable Television Association, Arizona ety of Certified Public Accountants, Okla- and not necessarily by culpable conduct on Contractors Association, Arizona Motor homa Public Employees Association, Profes- Transport Association, Arkansas Hospital the part of any other person. Yet, this now sional Meetings and Association Services, has become an unacceptable conclusion. Association, Arkansas Hospitality Associa- Public Risk Management Association, Recre- tion, Arkansas Pharmacists Association, Ar- Every conceivable circumstance in which we ation and Welfare Association, Relationship deal and interact with each other seems to thritis Foundation National Office, Associ- Management Incorporated, Religious Con- ated Builders and Contractors of Wisconsin create a victim. This has spawned the civil ference Management Association, Smith litigation clogging the courts, as every vic- Incorporated. Bucklin and Associates Incorporated Wash- Associated California Loggers, Associated tim of circumstances seeks compensation by ington Office, Soroptimist International of shifting the blame for those circumstances Industries of Massachusetts, Association the Americas. Management Services, Association of Graph- to someone else. South Dakota Dental Association and An unfortunate effect of this civil litiga- ic Communications, Baton Rouge Apartment Foundation, Texas Association of Nursery- Association, Beacon Consulting Group, tion is to heighten the risks of volunteer men Incorporated, Texas Land Title Associa- service. In thousands of service organiza- Building Industry Association of Tulare/ tion, Texas Oil Marketers Association, Tow- Kings Counties Incorporated, California As- tions, volunteers give freely of their time ing and Recovery Association of America, and effort to support activities that they be- sociation of Employers, California Associa- United States Hang Gliding Association, lieve to be worthwhile for a host of personal tion of Marriage and Family Therapists, United States Pony Clubs, United Way of reasons. This is done without expectation of California Chamber of Commerce, California America, Utah Mechanical Contractors Asso- compensation or other remuneration of any Dental Association, California Independent ciation, Virginia Society of Association Ex- kind. Nonetheless, many volunteer organiza- Petroleum Association, California Society of ecutives, Water Environment Federation, tions have been forced by the growing threat Enrolled Agents, Catholic Health Associa- Western Retail Implement and Hardware As- of civil litigation to purchase and maintain tion, Chicagoland Chamber of Commerce. sociation, Wisconsin Home Organization, Childrens Alliance, Colorado Society of As- liability insurance or other forms of legal in- Wisconsin League of Financial Institutions demnity covering volunteers for their serv- sociation Executives, Community and Eco- Ltd, Wisconsin Ready Mixed Concrete Asso- ices. nomic Development Association of Cook ciation, Wisconsin Restaurant Association, Even with insurance coverage, the increas- County Incorporated, Community Associa- Wisconsin Wholesale Beer Distributors Asso- ing risk of litigation no doubt has a chilling tions Institute, Connecticut Association of ciation, YMCA of the USA. effect on the willingness and enthusiasm of Not for Profit Providers for the Aging, Coun- 150 Members as of November 27, 1995. volunteers to donate their time and effort. cil of Community Blood Centers, Eastern Many volunteers may think twice before be- Building Material Dealers Association, Fazio WASHINGTON LEGAL FOUNDATION, coming involved, while others may continue International Ltd, Financial Managers Soci- Washington, DC, December 16, 1994. to participate, but curtail their services to ety Incorporated, Florida Nurserymen and UNFAIR LAWSUITS THREATEN VOLUNTEERS those activities that seem relatively risk- Growers Association Incorporated, Florida free. Still others may cease to be a volun- (By William J. Cople III) 1 Optometric Association, General Federation teer, out of an abundance of caution and jus- of Womens Clubs, Greater Washington Soci- Volunteer service is under assault from an tifiable aversion to being caught up in civil ety of Association Executives, Home Build- unlikely quarter—the civil justice system. litigation. Quantifying the effects of in- ers Association Holland Area, Home Builders Like so many others, volunteers and their creased risk of civil liability on volunteer Association of Kentucky. service organizations have been swept into service will have to await empirical evi- Howe and Hutton Limited, Illinois Lumber the courts to face potential liability in civil dence. It is fair to say, however, that volun- and Material Dealers Association Incor- suits. Under the rule of law, our actions are teers themselves have become victims of the porated, Independent Insurance Agents of judged by common standards of conduct. civil justice system. The increasing propen- Arkansas, Independent Insurance Agents of This provides the basis for the courts to rec- sity to enlarge the universe of rights and Virginia, Independent Sector, International ognize rights and afford remedies to those award compensation, often in stunning Association for Financial Planning, Iowa and who claim to be aggrieved. But civil justice amounts, may be to the detriment of volun- Nebraska Equipment Dealers Association, should not be used recklessly to inhibit bene- teer service. Iowa Bankers Association, Iowa Society of ficial conduct that may involve some This danger was illustrated recently in a Certified Public Accountants, Kansas City amount of risk. In order for volunteer serv- personal injury lawsuit brought against vol- Area Hospital Association, Kentucky Auto- ice to survive and prosper, the civil justice unteers serving a local council of the Boy mobile Dealers Association Incorporated, system must find an equilibrium under Scouts of America. In a case brought in Or- Kentucky Derby Festival Incorporated, Ken- which it recognizes and protects personal egon state court, Powell v. Boy Scouts of tucky Grocers Association, Kentucky Medi- and property rights without stifling the vol- America, et al., a youth seriously injured in cal Association, Literacy Volunteers of unteer spirit so necessary to a vital and self- an activity sponsored by Scouting sued the America. reliant community. Boy Scouts and its adult volunteers for neg- Long Island Convention and Visitors Bu- Efforts to achieve this balance have been ligence. reau, MACU Association Group, Maine Asso- hindered by the civil justice system itself. The Boy Scouts of America is a national ciation of Broadcasters, Maryland State Both federal and state courts seem to be volunteer service organization, chartered by Dental Association, Massachusetts Associa- the U.S. Congress in 1916, pursuant to 36 tion of Rehabiitation Facilities, Mechanical U.S.C. §§ 21–29. Acting primarily through its 1 William J. Cople III is a partner with the Wash- Contractors Association of America Incor- ington, D.C. law firm of Spriggs & Hollingsworth volunteers, the Boy Scouts is dedicated to porated St. Louis Chapter, Metropolitan De- and serves pro bono as the General Counsel of the the training of youth in accordance with troit Plumbing and Mechanical Contractors National Capital Area Council of the Boy Scouts of long-established Scouting ideals and prin- Association, Michigan Chamber of Com- America. ciples. Id. § 23. The Boy Scouts operates S 17780 CONGRESSIONAL RECORD — SENATE November 29, 1995 through several hundred local Scout coun- prudent care be taken in discharging that re- many organizations out of a genuine concern cils. Community organizations within each sponsibility. However, this does not mean with accepting an unreasonable risk of po- Council, including churches, schools, and that this duty of care must be carried out in tential liability. Volunteers who might oth- civic groups, among others, conduct Scout- such an extraordinary manner that only con- erwise be motivated to serve may be deterred ing programs and activities. The availability stant supervision of the youth in their care, from doing so based solely on this concern of these programs and activities depends regardless of age and other factors, will suf- for liability. upon individual volunteers willing to devote fice for volunteers to satisfy their legal re- The Supreme Court of the United States considerable time and effort in providing sponsibility. Certainly, the circumstances aptly characterized the problem in Parratt v. adult supervision for participating Scouts. surrounding tragic incidents should be care- Taylor 451 U.S. 527, 101 S. Ct. 1908 (1981). In These volunteers provide their time and re- fully examined. All relevant facts and cir- Parratt, a prisoner, who lost his mail order sources to support the Council and the local cumstances should be given due weight and hobby materials when normal procedures for organizations. They not only develop and consideration in judging whether an adult receipt of mail packages were not followed, plan the Scouting activities, but also raise volunteer has adequately met the respon- brought a federal civil rights case for the al- the funds in the community necessary to sibility to supervise a child entrusted to his leged deprivation of a Constitutional right. support them. Without these volunteers, the care. But circumstances will nonetheless In its decision in that case, the Court seemed Boy Scouts would be deprived of its principal occur where senseless tragedies happen with- to forewarn the civil justice system that not resource for carrying out its national char- out anyone being legally to blame. As in the every wrong is entitled to redress as a viola- ter as a youth service organization. case of other legal duties, adequate super- tion of Constitutional rights because ‘‘[i]t is In the Powell case, several adults in Port- vision should mean reasonable and prudent hard to perceive any logical stopping place land, Oregon volunteered to supervise an conduct as required under the circumstances for such a line of reasoning.’’ Id. at 544. The outing of the Sea Explorers, a Scouting unit as they existed at the time. Organizations Court’s observation, though made in the con- in the Boy Scouts’ Cascade Pacific Council. serving the youth in our community, as well text of a civil rights suit more than ten In a tragic accident, one of the young men as those fulfilling other beneficent purposes, years ago, is equally salient today. The civil participating in the Sea Explorer outing suf- should not be forced into the role of guaran- justice system should not recognize a legal fered a paralyzing injury in a rough game of teeing a safe harbor free of all risk. Like- right for every victim of circumstances. The touch football. The injured youth, who was wise, neither should volunteers be held a rule of law should be used to define our 16 years of age at the time of the accident, standard that may be infeasible, or even un- standards of conduct and promote consist- broke his neck during the football game and attainable. ency and reasonable expectations in their ap- is now quadriplegic. At least one of the adult To choose otherwise would mean that the plication. The case involving the Sea Ex- volunteers apparently knew that the boys civil justice system needs to resolve every plorer volunteers in Oregon serves to reveal were throwing a football around, but neither mishap and inexplicable tragedy by identify- a truth. Despite the best of intentions, when observed the game in which the boy was in- ing someone to bear legal responsibility for a misused or used in unpredictable ways, the jured. victim of those circumstances. This may, or civil justice system ends up serving no one, Based on this incident, the injured youth may not, have happened in the case of the least of all those who volunteer.∑ filed a personal injury lawsuit against the Multnomah County Circuit Court jury’s ver- Boy Scouts and the Columbia Pacific Coun- dict against the Scout volunteers. But the By Mr. LAUTENBERG: cil (predecessor to Cascade Pacific Council) circumstances of the case, and the available S. 1436. A bill to amend the Federal in Multnomah County Circuit Court, Oregon. evidence that has been reported, seem to The suit alleged that the youth’s injury was suggest that the jury overreached in an ef- Water Pollution Control Act to allow foreseeable and preventable, and that the fort to assign blame. certain privately owned public treat- Boy Scouts and its volunteers negligently As is the case of the Oregon verdict against ment works to be treated as publicly failed to supervise him adequately during the Sea Explorer volunteers, there are a owned treatment works, and for other the Sea Explorer outing. great many cases involving injury to person, purposes; to the Committee on the En- The Court dismissed the original lawsuit, property, or other rights, which are anything vironment and Public Works. evidently based on an insufficient nexus be- but trivial. In fact, their dimensions may be THE MUNICIPAL WASTEWATER TREATMENT tween the Boy scouts and the youth’s injury. so tragic that such cases motivate judges or FACILITY PRIVATE INVESTMENT ACT OF 1995 Subsequently, the injured young man filed juries to find fault and assign blame where it his personal injury lawsuit directly against might otherwise hesitate and decline to do Mr. LAUTENBERG. Mr. President, I two of the adult volunteers who participated so. The judgments entered in such cases, rise to introduce the Municipal in the Sea Explorer outing. Following trial, however, have other serious consequences. Wastewater Treatment Private Invest- an Oregon jury entered a verdict against the They obscure the standards of conduct under ment Act. This bill will remove an im- two adult volunteers, finding them liable for which we should expect to comport our- pediment to private investment in mu- some $7 million. In one of the largest mone- selves. This expectation of being able to de- nicipal wastewater treatment facilities tary verdicts in Oregon, the jury awarded termine, before we act, whether we are en- and in doing so, will improve water gaging in conduct that is right or wrong is a $4.89 million dollars for future care and lost quality, provide increased fiscal flexi- earnings plus $2.14 million dollars for pain critical component to civil justice. More- and suffering. In accordance with Oregon over, when civil litigation affords redress to bility to local governments, and create state law, the amount of the verdict will be every injury, regardless of whether the cir- jobs. reduced by the proportionate negligence, ap- cumstances justify it under the rule of law, Mr. President, our Nation’s waters proximately one-third, that the jury as- those rights that are long established and are a priceless resource. They provide signed to the injured youth for his own neg- highly prized are commensurately demeaned. recreational opportunities, habitat for ligent conduct. The Oregon Circuit Judge If virtually every injury is entitled to com- fish and wildlife, and drinking water presiding at trial also reduced the amount pensation, then the most important rights among other uses. But we cannot as- awarded by the jury for pain and suffering to become lost in the sea of compensable griev- sure our citizens that our waterways ances that the courts recognize. Finally, we $500,000, reflecting a statutory limit on non- will be clean unless we have adequate economic damages that may be awarded in need to underscore that a legal judgment en- personal injury suits in Oregon. tered in a single case can have a multitude of wastewater treatment facilities. The Oregon jury’s verdict in this case consequences extending far beyond that case And our wastewater treatment needs against the Sea Explorer adult volunteers itself. This surely is a reason for concern in are staggering. According to the 1992 brings the civil justice dilemma into strik- the case of volunteers to service organiza- EPA National Needs Survey, it will ing focus. The case was born of a tragic acci- tions. cost the United States $112 billion to dent in which a young man’s life and future The Boy Scouts afford their volunteers cer- build necessary wastewater treatment were forever changed by a debilitating pertain insurance liability coverage or other in- facilities. My State of New Jersey’s demnity for their acts or omissions that may manent injury. But this tragedy may have wastewater treatment needs alone are been compounded, not alleviated, by finding occur in the course of providing services as a culpability and imposing liability on the Scouting volunteer. This coverage is far $4.759 billion. This includes close to $2 adult volunteers under circumstances sug- from unlimited. Similarly, other youth serv- billion for wastewater treatment gesting an enlargement of the volunteers’ ice and charitable organizations may also be plants necessary for compliance with legal duty. The jury seemingly held the vol- able to provide such insurance coverage for the Clean Water Act and an estimated unteers to a standard of care requiring them their volunteers, but still others may not. $1.29 billion to reduce discharges of constantly to supervise the youth entrusted Even with insurance coverage available, bacteria, garbage and other floatable to their charge, even for activities which many of the most talented and energetic vol- debris, and other untreated waste from unteers may eschew volunteer service, fear- under other circumstances may routinely be combined sewer overflows. The remain- permitted without such meticulous over- ing that their good intentions will buy them- sight. selves a lawsuit. This is a particularly invid- ing needs are to construct new sewers Any parent entrusting their children to ious effect, which is difficult to measure and and repair existing sewers. the care and supervision of another should even harder to correct. Existing and prospec- Federal dollars are necessary but in- expect and demand that all reasonable and tive volunteers may refuse to participate in sufficient to build these facilities. The November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17781 Senate VA/HUD appropriations bill in- jointly owned by public and private ity Contractors Association, and the cludes $1.5 billion for State revolving partners. The legislation would remove Water and Wastewater Equipment loan funds. This funding level alone is the uncertainty regarding the environ- Manufacturers Association. insufficient to pay the costs local com- mental standards governing privately I urge my colleagues to support this munities will have to bear to comply owned wastewater treatment facilities legislation. with the Clean Water Act. In addition, providing municipal wastewater serv- I ask unanimous consent that the State revolving loan assistance will ices. It would require the same envi- text of the bill be included in the have to address other water quality ronmental standards for municipal RECORD. needs such as storm water and wastewater treatment facilities owned There being no objection, the bill was nonpoint source pollution. in whole or in part by private investors ordered to be printed in the RECORD, as Local communities are looking in- as would apply to publicly owned treat- follows: creasingly to privatization of local ment works. Communities and their S. 1436 governmental programs as a way to citizens should not face an additional Be it enacted by the Senate and House of Rep- pay for these programs. This is an obvi- burden imposed by the Federal Govern- resentatives of the United States of America in ous way for them to minimize the costs ment simply because they are develop- Congress assembled, associated with Federal requirements, ing innovative means to pay for a clean SECTION 1. SHORT TITLE. which are eating into their budgets. environment. This Act may be cited as the ‘‘Municipal And the Federal Government should do This bill would have numerous posi- Wastewater Treatment Facility Private In- everything possible to assist these ef- tive benefits. Perhaps most impor- vestment Act of 1995’’. forts. tantly, it would lead to more construc- SEC. 2. FINDINGS. In 1992, President Bush issued Execu- tion of wastewater treatment facilities. Congress finds that— tive Order 12803, which made it easier According to a report done by NatWest (1) municipal wastewater treatment construction needs exceed $100,000,000,000; for local governments to privatize fa- Washington Analysis, potential private (2) Federal assistance for State revolving cilities that have received Federal fi- investment in municipal wastewater loan programs will provide funding for only nancing—including wastewater treat- treatment facilities could reach $2 bil- a portion of the municipal wastewater treatment facilities. EPA Administrator lion a year. This would double the Fed- ment facilities; Carol Browner has expressed her sup- eral investment in wastewater facili- (3) increasing the amount of funds invested port to continue these efforts. In a let- ties. by the private sector in municipal ter she wrote to Mr. Edward Limbach, To the extent that this investment is wastewater treatment facilities would— vice president of the American Water in new facilities, there will be more (A) help address the funding shortfall referred to in paragraph (2); Works Co. in Voorhees, NJ, Ms. treatment facilities and cleaner water. (B) stimulate economic growth; Browner said: The legislation also would help private (C) lead to an increase in the construction [W]e need to provide communities the op- capital flow into wastewater systems of wastewater treatment facilities and jobs; portunity to work more closely with the pri- facing upgrades, expansions and new (D) result in a cleaner environment; and vate sector in financing environmental infra- requirements. (E) provide a greater degree of fiscal flexi- structure. Local officials are in the best posi- Under the legislation, private and bility for local governments in meeting Fed- tion to develop capital financing structures public/private facilities would have to eral mandates; and that meet their particular needs. We find comply with all of the same require- (4) the most effective way to encourage an that communities throughout the Nation are ments that publicly owned facilities increase in the level of involvement of the taking the lead in ‘‘reinventing government’’ private sector in the provision of municipal and acknowledging the ability of private must comply with. Industrial facilities wastewater services is to provide for the uni- capital to enhance public investment. The discharging into sewers and treatment form regulation of municipal wastewater EPA is committed to supporting these com- plants, whether public or private, treatment plants without regard to whether munities and allowing them flexibility in fi- would continue to be subject to the the wastewater treatment plants are pub- nancing the infrastructure systems needed pretreatment requirements of the licly or privately owned or under the control to achieve the environmental protection our Clean Water Act. of a public and private partnership. citizens demand. The legislation also will lead to addi- SEC. 3. PUBLICLY OWNED TREATMENT WORKS EPA has an initiative underway to tional jobs. According to a study pre- DEFINED. encourage private investment in pared by Apogee Research, every $1 bil- Section 502 of the Federal Water Pollution wastewater treatment facilities. Control Act (33 U.S.C. 1362) is amended by lion spent on wastewater facility in- adding at the end the following new para- I urge the Congress to join with the vestment generates 34,200 to 57,400 jobs. graphs: administration in providing flexibility The bill also would mean more cap- ‘‘(21) As used in titles I, III, and IV, and to local officials struggling to address ital investment to protect and prolong this title, the term ‘publicly owned treat- the wastewater needs of this country. the extensive Federal investment in ment works’ means a device or system used One problem identified by EPA which existing structures. in the collection, storage, treatment, recy- requires legislation concerns the Privatization gives local govern- cling, or reclamation of municipal phrase ‘‘publicly owned treatment ments which must comply with the wastewater (or a mixture of municipal works’’ or [POTWs]. This is the phrase Clean Water Act an additional fiscal wastewater and industrial wastes of a liquid nature) with respect to which all or part of used in the Clean Water act to identify tool for construction and maintenance the device or system— what we all know to be municipal sew- of these facilities. It provides equitable ‘‘(A) was constructed and is owned or oper- age facilities. Under the act, POTWs, treatment of communities that choose ated by a State or municipality; treating municipal waste, are required to pursue alternative financing on ‘‘(B) was constructed, owned, or operated to provide a level of treatment known their own rather than depending on by a State or municipality and the owner- as secondary treatment. However, if a limited Federal funds. ship has been transferred (in whole or in private company offered to provide the Mr. President, this bill will help the part) to a private entity that is a regulated same municipal waste services to the private sector provide the infrastruc- utility or that has in effect a contract with a State or municipality to receive municipal same community, it would have to ture financing which is essential for wastewater (or a mixture of municipal meet a different treatment standard economic growth. It will give local wastewater and industrial wastes of a liquid only because it is not a publicly owned governments with limited financial re- nature) from sewers, pipes, or other convey- treatment work. sources another tool to address their ances, if the facility is used in a manner pre- Mr. President, the level of waste- budgetary problems. It will generate scribed in the matter preceding subpara- water treatment should be based on the jobs. And it will improve the quality of graph (A) by the private entity; or quality of the receiving water, or a na- the Nation’s waters. ‘‘(C) is owned or operated by a private en- tional technology standard—it should This proposal is endorsed by the Na- tity that is a regulated utility or that has in not turn on the tax status of the owner tional Association of Water Companies, effect a contract with a State or municipality to receive municipal wastewater (or a of the sewer pipe. the National Council for Public-Pri- mixture of municipal wastewater and indus- My bill would define publicly owned vate Partnership, the Utility and trial wastes of a liquid nature) from sewers, treatment works to include waste- Transportation Contractors Associa- pipes, or other conveyances within a service water facilities which are privatized or tion of New Jersey, the National Util- area that would otherwise be served by the S 17782 CONGRESSIONAL RECORD — SENATE November 29, 1995 State or municipality, if the facility is used S. 1437 Information from the National Insti- in a manner prescribed in the matter preced- Be it enacted by the Senate and House of Rep- tute of Diabetes and Digestive and Kid- ing subparagraph (A). resentatives of the United States of America in ney Diseases shows there has been a ‘‘(22) The term ‘regulated utility’ means a Congress assembled, dramatic increase recently in the num- person, firm, or corporation with respect to SECTION 1. SHORT TITLE. ber of Americans with diabetes—al- which— This Act may be cited as the ‘‘Diabetes Re- ‘‘(A) a State water pollution control agen- search Act of 1995’’. most a 50 percent increase since 1983. cy grants a license to own or operate (or SEC. 2. FINDINGS. About 15 million Americans now have both) a wastewater treatment facility; and The Congress finds as follows: diabetes, and an estimated half of them ‘‘(B) a State regulates the fees or other (1) Diabetes is a serious health problem in do not know they have the disease. charges of the utility.’’. America. Diabetes is one of the leading causes By Mr. THURMOND: (2) More than 14,000,000 Americans suffer of death by illness in the United S. 1437. A bill to provide for an in- from diabetes. States. It can lead to blindness, kidney crease in funding for the conduct and (3) Diabetes is the fourth leading cause of failure, heart disease, stroke, and nerve support of diabetes-related research by death in America, taking the lives of 162,000 people annually. damage. And it affects minority groups the National Institutes of Health; to (4) Diabetes disproportionately affects mi- two to three times more frequently the Committee on Labor and Human nority populations, especially African-Amer- than others. Resources. icans, Hispanics, and Native Americans. The rapid increase is taking place (5) Diabetes is the leading cause of new f primarily in type II diabetes—adult- blindness, affecting up to 39,000 Americans onset diabetes—which makes up 95 per- each year. THE DIABETES RESEARCH ACT cent of cases. This type of diabetes is (6) Diabetes is the leading cause of kidney usually diagnosed at age 51, and with failure requiring dialysis or transplantation, Mr. THURMOND. Mr. President, I am increasing numbers of Americans in pleased to rise today, along with my affecting up to 13,000 Americans each year. (7) Diabetes is the leading cause of this age range, we can expect an even able colleague Senator SIMON, to intro- higher incidence of diabetes in the fu- duce the Diabetes Research Act. Diabe- nontraumatic amputations, affecting 54,000 Americans each year. ture. tes is a chronic, and often fatal, disease (8) The cost of treating diabetes and its The diabetes-related costs to the Na- affecting more than 14 million Ameri- complications are staggering for our Nation. tion each year are estimated at over cans. Billions of dollars are spent annu- (9) Diabetes accounted for health expendi- $100 million. And each day, thousands ally to care for those afflicted by this tures of $105,000,000,000 in 1992. of Americans are facing blindness, am- (10) Diabetes accounts for over 14 percent disease. It is the fourth leading cause putation of extremities, and heart dis- of death in the United States and a of our Nation’s health care costs. (11) Federal funds invested in diabetes re- ease as a result of the disease. major cause of kidney disease, heart We need to make research in this disease, amputation, and adult blind- search over the last two decades has led to significant advances and, according to lead- area a priority, and that is the purpose ness. Scientists tell us that medical re- ing scientists and endocrinologists, has of the $315 million increase in NIH search holds a cure for diabetes, yet brought the United States to the threshold funding in this bill. The good news is, the problem persists. of revolutionary discoveries which hold the diabetes research is making great In February of this year, I attended potential to dramatically reduce the eco- strides, and additional effort has an ex- the Capitol Summit on Diabetes Re- nomic and social burden of this disease. (12) The National Institute of Diabetes and cellent chance of providing break- search where leading scientists from through results, saving thousands of around the Nation presented a com- Digestive and Kidney Diseases supports, in addition to many other areas of research, ge- lives, improving the lives of millions prehensive plan to direct diabetes re- netic research, islet cell transportation re- more and saving billions of health care search to a cure by the turn of the cen- search, and prevention and treatment clini- dollars. tury. Recent evidence indicates that cal trials focusing on diabetes. Other re- I invite my colleagues’ support for search institutes within the National Insti- we are on the verge of uncovering new this legislation. prevention, screening, and treatment tutes of Health conduct diabetes-related re- procedures that will dramatically im- search focusing on its numerous complica- f tions, such as heart disease, eye and kidney prove diabetes therapy and lead to a problems, amputations, and diabetic neurop- ADDITIONAL COSPONSORS cure in the very near future. athy. S. 581 The bill I am introducing today will SEC. 3. NATIONAL INSTITUTES OF HEALTH; IN- At the request of Mr. FAIRCLOTH, the substantially increase the funds avail- CREASED FUNDING REGARDING DIA- able to the National Institutes of BETES. name of the Senator from Utah [Mr. Health for diabetes research. I believe With respect to the conduct and support of BENNETT] was added as a cosponsor of diabetes-related research by the National In- S. 581, a bill to amend the National that at this critical juncture in the stitutes of Health— fight to end diabetes, it is imperative Labor Relations Act and the Railway (1) in addition to any other authorization Labor Act to repeal those provisions of that we provide additional funding to of appropriations that is available for such Federal law that require employees to our scientists who are on the verge of purpose for the fiscal year involved, there finding a cure. Every year, over $100 are authorized to be appropriated for such pay union dues or fees as a condition of billion is spent caring for the 14 million purpose such sums as may be necessary for employment, and for other purposes. each of the fiscal years 1996 through 2000; and S. 684 citizens suffering with the complica- (2) of the amounts appropriated under tions of this devastating disease. This paragraph (1) for such purpose for a fiscal At the request of Mr. HATFIELD, the bill increases the authorization by $315 year, the Director of the National Institutes name of the Senator from Nevada [Mr. million for diabetes research. In light of Health shall reserve— REID] was added as a cosponsor of S. of the emotional and financial burden (A) not less than $155,000,000 for such pur- 684, a bill to amend the Public Health that diabetes brings to our country, I pose for the National Institute of Diabetes Service Act to provide for programs of and Digestive and Kidney Diseases; and research regarding Parkinson’s disease, believe that this bill represents a pru- (B) not less than $160,000,000 for such pur- dent, invaluable investment in our Na- pose for the other national research insti- and for other purposes. tion’s future. I urge my colleagues to tutes. S. 978 join me in cosponsoring this critical Mr. SIMON. Mr. President, during At the request of Mrs. HUTCHISON, the legislation so that we can end diabetes, this National Diabetes Awareness names of the Senator from Missouri and end the pain that this disease Month, I am pleased to join my col- [Mr. BOND], the Senator from North brings to its sufferers and their loved league Senator STROM THURMOND in in- Carolina [Mr. FAIRCLOTH], the Senator ones. troducing the Diabetes Research Act of from Utah [Mr. BENNETT], the Senator Mr. President, I ask unanimous con- 1995, a bill to authorize increased fund- from New Mexico [Mr. BINGAMAN], the sent that the text of this bill be printed ing for diabetes research. It is identical Senator from Wyoming [Mr. THOMAS], in the RECORD. to legislation introduced in the House the Senator from Connecticut [Mr. There being no objection, the bill was earlier this year by Representative LIEBERMAN], the Senator from Missouri ordered to be printed in the RECORD, as ELIZABETH FURSE and Representative [Mr. ASHCROFT], the Senator from Min- follows: GEORGE R. NETHERCUTT, Jr. nesota [Mr. GRAMS], the Senator from November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17783

Massachusetts [Mr. KERRY], and the Mr. BROWN, Mr. BRYAN, Mr. BUMPERS, an amendment to the bill (S. 1316) to Senator from Massachusetts [Mr. KEN- Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, reauthorize and amend title XIV of the NEDY] were added as cosponsors of S. Mr. CHAFEE, Mr. COATS, Mr. COCHRAN, Public Health Service Act (commonly 978, a bill to facilitate contributions to Mr. COHEN, Mr. CONRAD, Mr. known as the ‘‘Safe Drinking Water charitable organizations by codifying COVERDELL, Mr. CRAIG, Mr. D’AMATO, Act’’), and for other purposes; as fol- certain exemptions from the Federal Mr. DEWINE, Mr. DODD, Mr. DOMENICI, lows: securities laws, to clarify the inappli- Mr. DORGAN, Mr. EXON, Mr. FAIRCLOTH, On page 19, line 23, insert ‘‘(or, in the case cability of antitrust laws to charitable Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. of a privately-owned system, demonstrate gift annuities, and for other purposes. FORD, Mr. FRIST, Mr. GLENN, Mr. GOR- that there is adequate security)’’ after At the request of Mr. ROCKEFELLER, TON, Mr. GRAHAM, Mr. GRAMM, Mr. ‘‘source of revenue’’. On page 20, line 24, insert ‘‘and’’ after his name was added as a cosponsor of RAMS RASSLEY REGG G , Mr. G , Mr. G , Mr. ‘‘fund;’’. S. 978, supra. HARKIN, Mr. HATCH, Mr. HATFIELD, Mr. On page 21, strike lines 1 through 4. S. 1183 HEFLIN, Mr. HELMS, Mr. HOLLINGS, Mrs. On page 21, line 5, strike ‘‘(6)’’ and insert At the request of Mr. HATFIELD, the HUTCHISON, Mr. INHOFE, Mr. INOUYE, ‘‘(5)’’. name of the Senator from Alaska [Mr. Mr. JEFFORDS, Mr. JOHNSTON, Mrs. On page 42, line 16, strike ‘‘title’’ and insert ‘‘section, and, to the degree that an KASSEBAUM, Mr. KEMPTHORNE, Mr. MURKOWSKI] was added as a cosponsor Agency action is based on science, in carry- of S. 1183, a bill to amend the Act of KENNEDY, Mr. KERREY, Mr. KERRY, Mr. ing out this title,’’. March 3, 1931 (known as the Davis- KOHL, Mr. KYL, Mr. LAUTENBERG, Mr. On page 69, line 24, strike ‘‘level,’’ and in- Bacon Act], to revise the standards for LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mr. sert ‘‘level or treatment technique,’’. coverage under the Act, and for other LOTT, Mr. LUGAR, Mr. MACK, Mr. On page 69, line 25, insert ‘‘or point-of-use’’ purposes. MCCAIN, Mr. MCCONNELL, Ms. MIKUL- after ‘‘point-of-entry’’. On page 70, line 1, strike ‘‘controlled by the SKI, Ms. MOSELEY-BRAUN, Mr. MOY- S. 1228 public water system’’ and insert ‘‘owned, At the request of Mr. D’AMATO, the NIHAN, Mr. MURKOWSKI, Mrs. MURRAY, controlled and maintained by the public names of the Senator from Michigan Mr. NICKLES, Mr. NUNN, Mr. PELL, Mr. water system or by a person under contract [Mr. ABRAHAM] and the Senator from PRESSLER, Mr. PRYOR, Mr. REID, Mr. with the public water system’’. On page 70, line 6, strike ‘‘problems.’’ and Alabama [Mr. HEFLIN] were added as ROBB, Mr. ROCKEFELLER, Mr. ROTH, Mr. insert ‘‘problems. The Administrator shall cosponsors of S. 1228, a bill to impose SANTORUM, Mr. SARBANES, Mr. SHELBY, Mr. SIMON, Mr. SIMPSON, Mr. SMITH, not include in the list any point-of-use treat- sanctions on foreign persons exporting ment technology, treatment technique, or Ms. SNOWE, Mr. SPECTER, Mr. STEVENS, petroleum products, natural gas, or re- other means to achieve compliance with a Mr. THOMAS, Mr. THOMPSON, Mr. THUR- lated technology to Iran. maximum contaminant level or treatment MOND, Mr. WARNER, and Mr. S. 1316 technique requirement for a microbal con- WELLSTONE) submitted the following taminant (or an indicator of a microbial con- At the request of Mr. BAUCUS, the resolution; which was considered and name of the Senator from Michigan taminant). If the American National Stand- agreed to: ards Institute has issued product standards [Mr. LEVIN] was added as a cosponsor of S. RES. 196 applicable to a specific type of point-of-entry S. 1316, a bill to reauthorize and amend or point-of-use treatment device, individual Whereas, the Reverend Dr. Richard Halver- title XIV of the Public Health Service units of that type shall not be accepted for son became the 60th Senate Chaplain on Feb- Act (commonly known as the ‘‘Safe compliance with a maximum contaminant ruary 2, 1981, and faithfully served the Sen- level or treatment technique requirement Drinking Water Act’’), and for other ate for 14 years as Senate Chaplain; unless they are independently certified in ac- purposes. Whereas, Dr. Halverson for more than 40 At the request of Mr. KEMPTHORNE, cordance with such standards.’’ years was an associate in the International Beginning on page 165, line 20, strike all the name of the Senator from Maine Prayer Breakfast Movement and Chairman through line page 166, line 2, and insert the [Ms. SNOWE] was added as a cosponsor of the Board of World Vision and President following: of S. 1316, supra. of Concerned Ministries; ‘‘(i) IN GENERAL.—For purposes of subpara- At the request of Mr. CHAFEE, the Whereas, Dr. Halverson was the author of graph (A), a connection to a system that de- name of the Senator from Washington several books, including ‘‘A Day at a Time’’, livers water by a constructed conveyance ‘‘No Greater Power’’, ‘‘We the People’’, and other than a pipe shall not be considered a [Mr. GORTON] was added as a cosponsor ‘‘Be Yourself * * * and God’s’’; and of S. 1316, supra. connection, if— Whereas, Dr. Halverson was graduated ‘‘(I) the water is used exclusively for pur- At the request of Mr. FRIST, his name from Wheaton College and Princeton Theo- poses other than residential uses (consisting was added as a cosponsor of S. 1316, logical Seminary, and served as a Pres- of drinking, bathing, and cooking, or other supra. byterian minister throughout his profes- similar uses);’’. At the request of Mr. KYL, his name sional life, including being the senior pastor On page 166, line 3, strike ‘‘(aa)’’ and insert was added as a cosponsor of S. 1316, at Fourth Presbyterian Church of Bethesda, ‘‘(II)’’. supra. Maryland: Now, therefore, be it On page 166, line 15, strike ‘‘(bb)’’ and in- Resolved, That the Senate has heard with sert ‘‘(III)’’. At the request of Mr. MACK, his name profound sorrow and deep regret the an- Beginning on page 167, line 5, strike all was added as a cosponsor of S. 1316, nouncement of the death of the Reverend Dr. through page 167, line 19. supra. Richard Halverson, late the Chaplain of the On page 168, line 1, strike ‘‘and’’ and insert S. 1429 United States Senate. ‘‘or’’. On page 168, lines 2 and 3, strike ‘‘(I) and At the request of Mr. DOMENICI, the Resolved, That the Secretary transmit an (II)’’ and insert ‘‘(II) and (III)’’. name of the Senator from Texas [Mrs. enrolled copy thereof to the family of the deceased. On page 168, line 3, strike ‘‘and’’ and insert HUTCHISON] was added as a cosponsor of Resolved, That when the Senate recesses or ‘‘or’’. S. 1429, a bill to provide clarification in adjourns today, it recess or adjourn as a fur- On page 168, strike lines 4 through 6 and in- the reimbursement to States for feder- ther mark of respect to the memory of the sert the following: ‘‘(C) TRANSITION PERIOD.—A water supplier ally funded employees carrying out deceased. Federal programs during the lapse in that would be a public water system only as f a result of modifications made to this para- appropriations between November 14, graph by the Safe Drinking Water Act 1995, through November 19, 1995. AMENDMENTS SUBMITTED Amendments of 1995 shall not be considered f a public water system for purposes of the Act until the date that is two years after the SENATE RESOLUTION 196—REL- THE SAFE DRINKING WATER ACT date of enactment of this subparagraph, if ATIVE TO THE DEATH OF THE AMENDMENTS OF 1995 during such two-year period the water sup- REVEREND RICHARD HALVER- plier complies with the monitoring require- SON ments of the Surface Water Treatment Rule and no indicator of microbial contamination Mr. DOLE (for himself, Mr. DASCHLE, CHAFEE (AND OTHERS) AMENDMENT NO. 3068 is exceeded during that period. If a water Mr. ABRAHAM, Mr. AKAKA, Mr. supplier does not serve 15 service connec- ASHCROFT, Mr. BAUCUS, Mr. BENNETT, Mr. CHAFEE (for himself, Mr. tions (as defined in subparagraphs (A) and Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, KEMPTHORNE, Mr. BAUCUS, Me. REID, (B)) or 25 people at any time after the con- Mrs. BOXER, Mr. BRADLEY, Mr. BREAUX, Mr. GORTON, and Ms. SNOWE) proposed clusion of the two-year period, the water S 17784 CONGRESSIONAL RECORD — SENATE November 29, 1995 supplier shall not be considered a public programs between the United States and resolution at the hearing shall be whether water system.’’. Mexico, including water quality and safe the person has failed to submit information On page 178, line 21, strike ‘‘180-day’’. drinking water policies and programs. required under this paragraph. A decision by On page 179, lines 6 and 7, strike ‘‘180-day’’. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— the Administrator after completion of a On page 179, line 15, strike ‘‘effect.’’ and in- There are authorized to be appropriated to hearing shall be considered to be a final sert ‘‘effect or 18 months after the notice is the Administrator $10,000,000 for each of the agency action. issued pursuant to this subparagraph, which- fiscal years 1996 through 2003 to carry out ‘‘(iii) TERMINATION OF SUSPENSIONS.—The ever is later.’’. the programs, projects and activities of the Administrator shall terminate a suspension On page 195, after line 20, insert the follow- Center. Funds made available pursuant to under this subparagraph issued with respect ing: this paragraph shall be distributed by the to a person if the Administrator determines ‘‘(e) PREVENTION AND CONTROL OF ZEBRA Administrator to the university members of that the person has complied fully with this MUSSEL INFESTATION OF LAKE CHAMPLAIN.— the Center located in the United States.’’. paragraph. ‘‘(1) FINDINGS.—Section 1002(a) of the On page 195, after line 20, insert the follow- ‘‘(6) AGENCY ACTION.—In the case of any Nonindigenous Aquatic Nuisance Prevention ing: substance that is found to have a potential and Control Act of 1990 (16 U.S.C. 4701(a)) is ‘‘(g) ESTROGENIC SUBSTANCES SCREENING adverse effect on humans as a result of test- amended— PROGRAM.— ing and evaluation under this subsection, the ‘‘(A) by striking ‘‘and’’ at the end of para- ‘‘(1) DEVELOPMENT.—Not later than 1 year Administrator shall take such action, in- graph (3)’ after the date of enactment of this sub- cluding appropriate regulatory action by ‘‘(B) by striking the period at the end of section, the Administrator shall develop a rule or by order under statutory authority paragraph (4) and inserting ‘‘; and’’; and screening program, using appropriate vali- ‘‘(C) by adding at the end the following available to the Administrator, as is nec- dated test systems, to determine whether essary to ensure the protection of public new paragraph: certain substances may have an effect in hu- ‘‘(5) the zebra mussel was discovered on health. mans that is similar to an effect produced by Lake Champlain during 1993 and the oppor- ‘‘(7) REPORT TO CONGRESS.—Not later than 4 a naturally occurring estrogen, or such other tunity exists to act quickly to establish years after the date of enactment of this sub- endocrine effect as the Administrator may zebra mussel controls before Lake Cham- section, the Administrator shall prepare and designate. plain is further infested and management submit to Congress a report containing— ‘‘(2) IMPLEMENTATION.—Not later than 2 ‘‘(A) the findings of the Administrator re- costs escalate.’’. years after the date of enactment of this sub- ‘‘(2) EX OFFICIO MEMBERS OF AQUATIC NUI- sulting from the screening program de- section, after obtaining review of the screen- SANCE SPECIES TASK FORCE.—Section 1201(c) scribed in paragraph (1); ing program described in paragraph (1) by of such Act (16 U.S.C. 4721(c)) is amended by ‘‘(B) recommendations for further testing the scientific advisory panel established inserting ‘‘, the Lake Champlain Basin Pro- and research needed to evaluate the impact under section 25(d) of the Act of June 25, 1947 gram,’’ after ‘‘Great Lakes Commission’’. on human health of the substances tested (chapter 125), and the Science Advisory ‘‘(3) AQUATIC NUISANCE SPECIES PROGRAM.— under the screening program; and Subsections (b)(6) and (i)(1) of section 1202 of Board established by section 8 of the Envi- ‘‘(C) recommendations for any further ac- such Act (16 U.S.C. 4722) is amended by in- ronmental Research, Development, and Dem- tions (including any action described in serting ‘‘, Lake Champlain,’’ after ‘‘Great onstration Act of 1978 (42 U.S.C. 4365), the paragraph (6)) that the Administrator deter- Lakes’’ each place it appears. Administrator shall implement the program. mines are appropriate based on the find- ‘‘(3) SUBSTANCES.—In carrying out the ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ings.’’. Section 1301(b) of such Act (16 U.S.C. 4741(b)) screening program described in paragraph is amended— (1), the Administrator shall provide for the CHAFEE (AND OTHERS) testing of all active and inert ingredients ‘‘(A) in paragraph (3), by inserting ‘‘, and AMENDMENT NO. 3069 the Lake Champlain Research Consortium,’’ used in products described in section 103(e) of after ‘‘Laboratory’’; and the Comprehensive Environmental Response, Mr. CHAFEE (for himself, Mr. ‘‘(B) in paragraph (4)(A)— Compensation, and Liability Act of 1980 (42 KEMPTHORNE, Mr. BAUCUS, and Mr. ‘‘(i) by inserting after ‘‘(33 U.S.C. 1121 et U.S.C. 9603(e)), and may provide for the test- REID) proposed an amendment to the seq.)’’ the following: ‘‘and grants to colleges ing of any other substance if the Adminis- bill, S. 1316, supra, as follows: for the benefit of agriculture and the me- trator determines that a widespread popu- Beginning on page 61, line 11, strike all chanic arts referred to in the first section of lation may be exposed to the substance. through page 62, line 16, and insert: the Act of August 30, 1890 (26 Stat. 417, chap- ‘‘(4) EXEMPTION.—Notwithstanding para- ‘‘(A) ADDITIONAL RESEARCH.—Prior to pro- ter 841; 7 U.S.C. 322)’’; and graph (3), the Administrator may, by regula- mulgating a national primary drinking ‘‘(ii) by inserting ‘‘and the Lake Champlain tion, exempt from the requirements of this water regulation for sulfate the Adminis- basin’’ after ‘‘Great Lakes region’’. subsection a biologic substance or other sub- On page 195, after line 20, insert the follow- stance if the Administrator determines that trator and the Director of the Centers for ing: the substance does not have any effect in hu- Disease Control shall jointly conduct addi- ‘‘(f) SOUTHWEST CENTER FOR ENVIRON- mans similar to an effect produced by a nat- tional research to establish a reliable dose- MENTAL RESEARCH AND POLICY.— urally occurring estrogen. response relationship for the adverse health ‘‘(1) ESTABLISHMENT OF CENTER.—The Ad- ‘‘(5) COLLECTION OF INFORMATION.— effects that may result from exposure to sul- ministrator of the Environmental Protection ‘‘(A) IN GENERAL.—The Administrator shall fate in drinking water, including the health Agency shall take such action as may be issue an order to a person that manufactures effects that may be experienced by groups necessary to establish the Southwest Center a substance for which testing is required within the general population (including infor Environmental Research and Policy under this subsection to conduct testing in fants and travelers) that are potentially at (hereinafter referred to as ‘the Center’). accordance with the screening program de- greater risk of adverse health effects as the ‘‘(2) MEMBERS OF THE CENTER.—The Center scribed in paragraph (1), and submit informa- result of such exposure. The research shall shall consist of a consortium of American tion obtained from the testing to the Admin- be conducted in consultation with interested and Mexican universities, including New istrator, within a time period that the Ad- States, shall be based on the best available, Mexico State University; the University of ministrator determines is sufficient for the peer-reviewed science and supporting studies Utah; the University of Texas at El Paso; generation of the information. conducted in accordance with sound and ob- San Diego State University; Arizona State ‘‘(B) FAILURE TO SUBMIT INFORMATION.— jective scientific practices and shall be com- University; and four educational institutions ‘‘(i) SUSPENSION.—If a person referred to in pleted not later than 30 months after the in Mexico. subparagraph (A) fails to submit the infor- date of enactment of this paragraph. ‘‘(3) FUNCTIONS.—Among its functions, the mation required under such subparagraph (B) PROPOSED AND FINAL RULE.—Prior to Center shall— within the time period established by the promulgating a national primary drinking ‘‘(A) conduct research and development order, the Administrator shall issue a notice water regulation for sulfate and after con- programs, projects and activities, including of intent to suspend the sale or distribution sultation with interested States, the Admin- training and community service, on U.S.- of the substance by the person. Any suspen- istration shall publish a notice of proposed Mexico border environmental issues, with sion proposed under this subparagraph shall rulemaking that shall supersede the proposal particular emphasis on water quality and become final at the end of the 30-day period published in December, 1994. For purposes of safe drinking water; beginning on the date that the person re- the proposed and final rule, the Adminis- ‘‘(B) provide objective, independent assist- ceives the notice of intent to suspend, unless trator may specify in the regulation require- ance to the EPA and other Federal, State during that period a person adversely af- ments for public notification and options for and local agencies involved in environmental fected by the notice requests a hearing or the provision of alternative water supplies to policy, research, training and enforcement, the Administrator determines that the per- populations at risk as a means of complying including matters affecting water quality son referred to in subparagraph (A) has com- with the regulation in lieu of a best available and safe drinking water throughout the plied fully with this paragraph. treatment technology or other means. The southwest border region of the United ‘‘(ii) HEARING.—If a person requests a hear- Administrator shall, pursuant to the au- States; and ing under clause (i), the hearing shall be con- thorities of this subsection and after notice ‘‘(C) help to coordinate and facilitate the ducted in accordance with section 554 of title and opportunity for public comment, pro- improvement of environmental policies and 5, United States Code. The only matter for mulgate a final national primary drinking November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17785

water regulation for sulfate not later than 48 On page 64, line 6, strike ‘‘(a)’’ and insert ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— months after the date of enactment of this ‘‘(b)’’. There are authorized to be appropriated to paragraph.’’. On page 64, line 31, strike ‘‘(b)’’ and insert carry out this subsection such sums as may ‘‘(c)’’. be necessary for fiscal years 1996 through MURKOWSKI (AND OTHERS) 2003.’’. AMENDMENT NO. 3070 CHAFEE (AND OTHERS) THOMAS (AND SIMPSON) Mr. MURKOWSKI (for himself, Mr. AMENDMENT NO. 3072 AMENDMENT NO. 3073 CHAFEE, Mr. KEMPTHORNE, Mr. BAUCUS, Mr. CHAFEE (for himself, Mr. and Mr. REID) proposed an amendment KEMPTHORNE, Mr. BAUCUS, Mr. REID, Mr. KEMPTHORNE (for Mr. THOMAS, to the bill, S. 1316, supra, as follows: Mr. DOMENICI, Mr. BINGAMAN, Mr. KYL, for himself and Mr. SIMPSON) proposed On page 195, after line 20, insert the follow- and Mrs. FEINSTEIN) proposed an an amendment to the bill, S. 1316, ing: amendment to the bill S. 1316, supra, as supra; as follows: ‘‘(g) GRANTS TO ALASKA TO IMPROVE SANI- follows: On page 7, line 23 after ‘‘the State).’’ And TATION IN RURAL AND NATIVE VILLAGES.— On page 195, after line 20, insert the follow- the following: ‘‘Provided further, in ‘‘(1) IN GENERAL.—The Administrator of the ing: nonprimacy States, the Governor shall de- Environmental Protection Agency may ‘‘(h) ASSISTANCE TO COLONIAS.— termine which State agency will have the make grants to the State of Alaska for the ‘‘(1) DEFINITIONS.—As used in this sub- authority to establish assistance priorities benefit of rural and Native villages in Alaska section— for financial assistance provided with to pay the Federal share of the cost of— ‘‘(A) ELIGIBLE COMMUNITY.—The term ‘eli- amounts deposited into the State loan fund.’’ ‘‘(A) the development and construction of gible community’ means a low-income com- water and wastewater systems to improve munity with economic hardship that— BOND AMENDMENT NO. 3074 the health and sanitation conditions in the ‘‘(i) is commonly referred to as a colonia; villages; and ‘‘(ii) is located along the United States- Mr. KEMPTHORNE (for Mr. BOND) ‘‘(B) training, technical assistance, and Mexico border (generally in an unincor- proposed an amendment to the bill, S. educational programs relating to the oper- porated area); and 1316, supra; as follows: ation and management of sanitation services ‘‘(iii) lacks basic sanitation facilities such On page 111, line 22 insert: ‘‘except that the in rural and Native villages. as a safe drinking water supply, household ‘‘(2) FEDERAL SHARE.—The Federal share of Administrator may provide for an extension plumbing, and a proper sewage disposal sys- the cost of the activities described in para- of not more than 2 years if, after submission tem. graph (1) shall be 50 percent. and review of appropriate, adequate docu- ‘‘(B) BORDER STATE.—The term ‘border ‘‘(3) ADMINISTRATIVE EXPENSES.—The State mentation from the State, the Adminis- State’ means Arizona, California, New Mex- of Alaska may use an amount not to exceed trator determines that the extension is nec- ico and Texas. 4 percent of any grant made available under essary and justified’’. ‘‘(C) TREATMENT WORKS.—The term ‘treat- this subsection for administrative expenses ment works’ has the meaning provided in necessary to carry out the activities de- section 212(2) of the Federal Water Pollution MURKOWSKI (AND OTHERS) scribed in paragraph (1). Control Act (33 U.S.C. 1292(2)). AMENDMENT NO. 3075 ‘‘(4) CONSULTATION WITH THE STATE OF ‘‘(2) GRANTS TO ALLEVIATE HEALTH RISKS.— ALASKA.—The Administrator shall consult Mr. KEMPTHORNE (for Mr. MURKOW- The Administrator of the Environmental with the State of Alaska on a method of SKI for himself, Mr. STEVENS, Mr. Protection Agency and the heads of other ap- prioritizing the allocation of grants under KEMPTHORNE, Mr. BAUCUS, and Mr. propriate Federal agencies are authorized to paragraph (1) according to the needs of, and award grants to any appropriate entity or REID) proposed an amendment to the relative health and sanitation conditions in, border State to provide assistance to eligible bill, S. 1316, supra; as follows: each eligible village. communities for— On page 28, line 3, before the period, insert ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such ‘‘(A) the conservation, development, use ‘‘(including, in the case of the State of Alas- sums as are necessary for each of the fiscal and control (including the extension or im- ka, the needs of Native villages (as defined in years 1996 through 2003 to carry out this sub- provement of a water distribution system) of section 3(c) of the Alaska Native Claims Set- section. water for the purpose of supplying drinking tlement Act (43 U.S.C. 1602(c)))’’. water; and ‘‘(B) the construction or improvement of CHAFEE (AND OTHERS) CHAFEE (AND OTHERS) sewers and treatment works for wastewater AMENDMENT NO. 3076 AMENDMENT NO. 3071 treatment. Mr. CHAFEE (for himself, Mr. ‘‘(3) USE OF FUNDS.—Each grant awarded Mr. CHAFEE (for himself, Mr. pursuant to paragraph (2) shall be used to KEMPTHORNE, Mr. BAUCUS, Mr. REID, KEMPTHORNE, Mr. BAUCUS, and Mr. provide assistance to one or more eligible Mr. GORTON, and Mrs. MURRAY) pro- REID) proposed an amendment to the community with respect to which the resi- bill, S. 1316, supra; as follows: posed an amendment to the bill, S. dents are subject to a significant health risk Beginning on page 179, line 16, strike sec- 1316, supra, as follows: (as determined by the Administrator or the tion 28 of the bill and renumber subsequent On page 64, after line 5, insert the follow- head of the Federal agency making the sections accordingly. ing: grant) attributable to the lack of access to ‘‘(a) FILTRATION CRITERIA.—Section an adequate and affordable drinking water 1412(b)(7)(C)(i) is amended by adding at the supply system or treatment works for CHAFEE (AND OTHERS) end thereof the following: ‘‘Not later than 18 wastewater. AMENDMENT NO. 3077 months after the date of enactment of the ‘‘(4) OPERATION AND MAINTENANCE.—The Mr. CHAFEE (for himself, Mr. Safe Drinking Water Act Amendments of Administrator and the heads of other appro- 1995, the Administrator shall amend the cri- priate Federal agencies, other entities or KEMPTHORNE, Mr. BAUCUS, Mr. REID, teria issued under this clause to provide that border States are authorized to use funds ap- Mr. D’AMATO, and Mr. MOYNIHAN) pro- a State exercising primary enforcement re- propriated pursuant to this subsection to opposed an amendment to the bill, S. sponsibility for public water systems may, erate and maintain a treatment works or 1316, supra; as follows: on a case-by-case basis, establish treatment other project that is constructed with funds On page 168, line 7, strike ‘‘GROUND requirements as an alterative to filtration in made available pursuant to this subsection. WATER PROTECTION’’ and insert ‘‘WA- the case of systems having uninhabited, un- ‘‘(5) PLANS AND SPECIFICATIONS.—Each TERSHED AND GROUND WATER PROTEC- developed watersheds in consolidated owner- treatment works or other project that is TION’’. ship, and having control over access to, and funded by a grant awarded pursuant to this On page 173, after line 7, insert the follow- activities in, those watersheds, if the State subsection shall be constructed in according: determines (and the Administrator concurs) ance with plans and specifications approved ‘‘(g) WATERSHED PROTECTION DEMONSTRA- that the quality of the source water and the by the Administrator, the head of the Fed- TION PROGRAM.— alternative treatment requirements estab- eral agency making the grant, or the border ‘‘(1) The heading of section 1443 (42 U.S.C.) lished by the State ensure significantly State in which the eligible community is lo- is amended to read as follows: greater removal efficiencies of pathogenic cated. The standards for construction appli- ‘‘grants for state and local programs organisms for which national primary drink- cable to a treatment works or other project ‘‘(2) Section 1443 (42 U.S.C. is amended by ing water regulations have been promulgated eligible for assistance under title II of the adding at the end thereof the following: or that are of public health concern than Federal Water Pollution Control Act (33 ‘‘(e) WATERSHED PROTECTION DEMONSTRA- would be achieved by the combination of fil- U.S.C. 1281 et seq.) shall apply to the con- TION PROGRAM.— tration and chlorine disinfection (in compli- struction of a treatment works or project ‘‘(1) IN GENERAL.— ance with this paragraph and paragraph under this subsection in the same manner as ‘‘(A) ASSISTANCE FOR DEMONSTRATION (8)).’’. the standards apply under such title. PROJECTS.—The Administrator is authorized S 17786 CONGRESSIONAL RECORD — SENATE November 29, 1995 to provide technical and financial assistance (F) CONSUMER CONFIDENCE REPORTS.— 9:30 a.m. to conduct an oversight hear- to units of State or local government for (i) IN GENERAL.—The Administrator shall ing of the Library of Congress. projects that demonstrate and assess innova- issue regulations within three years of en- The PRESIDING OFFICER. Without tive and enhanced methods and practices to actment of the Safe Drinking Water Act objection, it is so ordered. develop and implement watershed protection Amendments of 1995 to require each commu- SUBCOMMITEE ON ANTITRUST, BUSINESS RIGHTS, programs including methods and practices nity water system to issue a consumer con- that protect both surface and ground water. fidence report at least once annually to its AND COMPETITION In selecting projects for assistance under water consumers on the level of contami- Mr. KEMPTHORNE. Mr. President, I this subsection, the Administrator shall give nants in the drinking water purveyed by that ask unanimous consent that the Sub- priority to projects that are carried out to system which pose a potential risk to human committee on Antitrust, Business satisfy criteria published and under section health. The report shall include, but not be Rights, and Competition on the Judici- 1412(b)(7)(C) or that are identified through limited to: information on source, content, ary, be authorized to meet during the programs developed and implemented pursu- and quality of water purveyed; a plainly session of the Senate on Wednesday, ant to section 1428. worded explanation of the health implica- November 29, 1995, at 10 a.m., to hold a ‘‘(B) MATCHING REQUIREMENTS.—Federal tions of contaminants relative to national hearing on franchise relocation in pro- assistance provided under this subsection primary drinking water regulations or shall not exceed 35 percent of the total cost health advisories; information on compli- fessional sports. of the protection program being carried out ance with national primary drinking water The PRESIDING OFFICER. Without for any particular watershed or ground water regulations; and information on priority un- objection, it is so ordered. recharge area. regulated contaminants to the extent that SUBCOMMITEE ON EAST ASIAN AND PACIFIC ‘‘(2) NEW YORK CITY WATERSHED PROTEC- testing methods and health effects informa- AFFAIRS TION PROGRAM.— tion are available (including levels of Mr. KEMPTHORNE. Mr. President, I ‘‘(A) IN GENERAL.—Pursuant to the author- cryptosporidium and radon where states de- ask unanimous consent that the Sub- ity of paragraph (1), the Administrator is au- termine that they may be found). committee on East Asian and Pacific thorized to provide financial assistance to (ii) COVERAGE.—Subsection (i) shall not Affairs of the Committee on Foreign the State of New York for demonstration apply to community water systems serving Relations be authorized to meet during projects implemented as part of the water- fewer than 10,000 persons or other systems as shed program for the protection and en- determined by the Governor, provided that the session of the Senate on Wednes- hancement of the quality of source waters of such systems inform their customers that day, November 29, 1995, at 2 p.m. the New York City water supply system. they will not be complying with Subsection The PRESIDING OFFICER. Without Demonstration projects which shall be eligi- (i). The state may by rule establish alter- objection, it is so ordered. ble for financial assist shall be certified to native requirements with respect to the form SUBCOMMITTEE ON FORESTS AND PUBLIC LAND the Administration by the State of New and content of consumer confidence reports MANAGEMENT York as satisfying the purposes of this sub- Mr. KEMPHORNE. Mr. President, I section and shall include those projects that ask unanimous consent that the Sub- demonstrate, assess, or provide for com- CHAFEE (AND OTHERS) prehensive monitoring, surveillance, and re- AMENDMENT NO. 3079 committee on Forests and Public Land Management of the Committee on En- search with respect to the efficacy of phos- Mr. CHAFEE (for himself, Mr. ergy and Natural Resources be granted phorus offsets or trading, wastewater diver- KEMPTHORNE, Mr. BAUCUS, and Mr. sion, septic system siting and maintenance, permission to meet during the session REID) proposed an amendment to the innovative or enhanced wastewater treat- of the Senate on Wednesday, November bill, S. 1316, supra; as follows: ment technologies, innovative methodolo- 29, 1995, for purposes of conducting a gies for the control of storm water runoff, On page 132, line 5, strike ‘‘methods.’’ and subcommittee hearing which is sched- insert ‘‘methods. Information requirements urban, agricultural, and forestry best man- uled to begin at 9:30 a.m. The purpose agement practices for controlling nonpoint imposed by the Administrator pursuant to source pollution, operator training, compli- the authority of this subparagraph that re- of this oversight hearing is to consider ance surveillance and that establish water- quire monitoring, the establishment or the administration’s implementation shed or basin-wide coordinating, planning or maintenance of records or reporting, by a of section 2001 of the Funding Reces- governing organizations. In certifying substantial number of public water systems sions Act of 1995. projects to the Administrator, State of New (determined in the sole discretion of the ad- The PRESIDING OFFICER. Without York shall give priority to these monitoring ministrator), shall be established by regula- objection, it is so ordered. tion as provided in clause (ii).’’. and research projects that have undergone SUBCOMMITTEE ON IMMIGRATION peer review. f Mr. KEMPTHORNE. Mr. President, I ‘‘(C) REPORT.—Not later than 5 years after the date on which the Administrator first AUTHORITY FOR COMMITTEES TO ask unanimous consent that the Sub- provides assistance pursuant to this para- MEET committee on Immigration of the Com- graph, the Governor of the State of New mittee on the Judiciary be authorized York shall submit a report to the Adminis- COMMITEE ON LABOR AND HUMAN RESOURCES to hold a business meeting during the trator on the results of projects assisted. Mr. KEMPTHORNE. Mr. President, I session of the Senate on Wednesday, ‘‘(3) AUTHORIZATION.—There are authorized ask unanimous consent that the Com- November 29, 1995, at 9:30 a.m. in SR385. to be appropriated to the Administrator such mittee on Labor and Human Resources The PRESIDING OFFICER. Without sums as are necessary to carry out this sub- be authorized to meet for a hearing on objection, it is so ordered. section for each of fiscal years 1997 through S. 1423, Occupational Safety and Health SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT 2003 including $15,000,000 for each of such fis- Reform and Reinvention Act, during MANAGEMENT ON THE DISTRICT OF COLUMBIA cal years for the purposes of providing assistance to the State of New York, to carry out the session of the Senate on Wednes- Mr. KEMPTHORNE. Mr. President, I paragraph (2).’’. day, November 29, 1995, at 9:30 a.m. ask unanimous consent that the Sub- On page 171, line 21, strike ‘‘20,000,000’’ and The PRESIDING OFFICER. Without committee on Oversight of Government insert ‘‘15,000,000’’. objection, it is so ordered. Management and the District of Co- On page 171, line 24, strike ‘‘35,000,000’’ and SELECT COMMITTEE ON INTELLIGENCE lumbia, Committee on Governmental insert ‘‘‘30,000,000’’. Mr. KEMPTHORNE. Mr. President, I Affairs, be permitted to meet during a On page 172, line 3, strike ‘‘20,850,000’’ and session of the Senate on Wednesday, insert ‘‘15,000,000’’ ask unanimous consent that the Select On page 2, in the material following line 6, Committee on Intelligence be author- November 29, 1995, at 9:30 a.m., to hold strike ‘‘Sec. 25. Ground water protection.’’ ized to meet during the session of the a hearing on S. 1224, the Administra- and insert ‘‘Sec. 25. Watershed and ground Senate on Wednesday, November 29, tive Dispute Resolution Act of 1995. water protection.’’. 1995, at 4:30 p.m. to hold a closed brief- The PRESIDING OFFICER. Without ing regarding intelligence matters. objection, it is so ordered. BOXER (AND OTHERS) The PRESIDING OFFICER. Without f AMENDMENT NO. 3078 objection, it is so ordered. ADDITIONAL STATEMENTS Mrs. BOXER (for herself, Mr. JOINT COMMITTEE ON THE LIBRARY DASCHLE, Mr. LAUTENBERG, and Mr. Mr. KEMPTHORNE. Mr. President, I KOHL) proposed an amendment to the ask unanimous consent that the Joint INTERSTATE COMMERCE COMMISSION SUNSET LEGISLATION bill, S. 1316, supra; as follows: Committee on the Library be allowed spute Resolution Act of 1995. Section 20, Page 140, line 11, add at the end to meet during the session of the Sen- ∑ Mr. SPECTER. Mr. President, I have the following new subparagraph: ate Wednesday, November 29, 1995, at sought recognition to speak in support November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17787 of the Interstate Commerce Commis- You would have to be hard-hearted marine, I was very impressed with Sen- sion Sunset Act of 1995 (S. 1396), which indeed not to have tears come to your ator SMITH’s remarks, and I ask that provides for the orderly transfer of the eyes as she made this moving tribute they be printed in the RECORD for all— residual functions of the Interstate to him. Marines and those who wish they Commerce Commission to an independ- I was proud of President Clinton’s were—to read. ent Intermodal Surface Transportation tribute, and I thought King Hussein The remarks follow: Board within the Department of Trans- and President Mubarak also did an ex- REMARKS OF SENATOR BOB SMITH—MARINE portation. cellent job. CORPS 220TH BIRTHDAY Pennsylvania is a rail-dependent But for those who may not have Thank you very much, General Krulak. State, and both shippers and railroads heard or read the tribute of Prime Min- Secretary Perry, Secretary Dalton, General are in agreement that there should be ister Rabin’s granddaughter, I ask that Shalikashvili, Senator WARNER, Colonel Dot- no regulatory gap between the Com- it be printed in the RECORD. ter, and distinguished guests. It is a great mission and its successor agency dur- The tribute follows: honor to join with you all today in com- memorating the 220th birthday of the United ing which no agency of the Federal [Translated and transcribed by the New York States Marine Corps. Before we begin, I want Government has jurisdiction to enforce Times] the Interstate Commerce Act. The fis- to take this opportunity to commend you A GRANDDAUGHTER’S FAREWELL personally, General Krulak, on the superb cal year 1996 Transportation appropria- (By Noa Ben-Artzi Philosof) readiness of your troops, and for your out- tions bill, H.R. 2002 (Pub. L. No. 104–50), Please excuse me for not wanting to talk standing leadership as commandant of the provides no funding for the Commis- about the peace. I want to talk about my Marine Corps. sion effective December 31, 1995, mak- grandfather. It is fitting that today’s commemoration ing passage of the sunset legislation You always awake from a nightmare, but coincides with the observance of Veterans and a prompt House-Senate conference since yesterday (Sunday) I was continually Day. Indeed, as our Nation pauses to reflect necessary to avoid disruption in the awakening to a nightmare. It is not possible upon the historical sacrifices of its warriors, rail industry. to get used to the nightmare of life without what better place for us to congregate that I am pleased to note that the man- you. The television never ceases to broadcast here at this great shrine. What better way to agers’ amendments included language pictures of you, and you are so alive that I honor our Nation’s veterans than to celebrate 220 years of Marine Corps history. that I have worked on and supported, can almost touch you—but only almost, and I won’t be able to anymore. As you know, I was not a marine. However, which is designed to ensure that this Grandfather, you were the pillar of fire in I took my share of ‘‘incoming’’ on the floor legislation maintains the balance be- front of the camp and now we are left in the of the U.S. Senate fighting the battle for tween the rights and remedies of car- camp alone, in the dark; and we are so cold those M1A1 tanks and MPS ships, and I am riers and shippers incorporated into and so sad. proud of it. I am a marine in spirit, and I the Staggers Rail Act of 1980, which I know that people talk in terms of a na- have a letter from General Mundy to prove provided new market freedoms to this tional tragedy, and of comforting an entire it. industry. Several provisions in the re- nation, but we feel the huge void that re- The Marine Corps was created on Novem- ported bill could be interpreted as mains in your absence when grandmother ber 10, 1775 when the Continental Congress doesn’t stop crying. decreed that two battalions of Marines be or- reregulating certain aspects of the rail- Few people really knew you. Now they will ganized under the direction of Captain Sam- road industry. These provisions, if left talk about you for quite some time, but I uel Nicholas, the first commandant. untouched, could undermine the Stag- feel that they really don’t know just how Recruitment procedures being somewhat gers Act reforms, which have worked great the pain is, how great the tragedy is; different back then, the Marines were re- well for both shippers and railroads. something has been destroyed. cruited at Tun Tavern in Philadelphia. Al- Therefore, I wish to thank Chairman Grandfather, you were and still are our though their indoctrination was not quite as PRESSLER, the distinguished Senator hero. I wanted you to know that every time rigorous as a trip through San Diego, Parris from South Dakota, and Senator EXON, I did anything, I saw you in front of me. Island, or Quantico, these pioneering Ma- the ranking minority member, who Your appreciation and your love accom- rines made history by launching an amphib- panied us every step down the road, and our ious landing at New Providence Island in the have worked closely with me, Senator lives were always shaped after your values. Bahamas, capturing a British fort and secur- SANTORUM, Senator MACK, and other You, who never abandoned anything, are now ing its arms and powder for Washington’s Senators, in a bipartisan manner to fi- abandoned. And here you are, my ever- Army. They later went on to fight at such lo- nalize language that maintains a de- present hero, cold, alone, and I cannot do cations as Trenton, Morristown. Penobscot regulated environment for our vital anything to save you. You are missed so Bay, and Fort Mifflin. railroad industry as we streamline much. In the two centuries since those colonial Government and provide for an orderly Others greater than I have already eulo- battles, the size and structure of the Marine transition from the Interstate Com- gized you, but none of them ever had the Corps has evolved, doctrine has changed, and pleasure I had to feel the caresses of our merce Commission to the Intermodal areas of operational responsibility have ex- warm, soft hands, to merit your warm em- panded. The corps has emerged as a truly Surface Transportation Board.∑ brace that was reserved only for us, to see global force, deploying to Central and South f your half-smile that always told me so America, Europe, Asia, and the Middle East, LAST RESPECTS TO PRIME much, that same smile which is no longer, with the status of being the first to fight. frozen in the grave with you. But what has never changed, and what con- MINISTER RABIN I have no feelings of revenge because my tinues to distinguish the United States Ma- ∑ Mr. SIMON. Mr. President, I had the pain and feelings of loss are so large, too rine Corps from any other fighting force in honor to speak at a tree planting large. The ground has been swept out from the world, is its unique culture and char- across from the White House, a cere- below us, and we are groping now, trying to acter. mony honoring the late Prime Minister wander about in this empty void, without The Marine Corps is rich with tradition, its Yitzhak Rabin, conducted by the Jew- any success so far. men and women strong on character and I am not able to finish this; left with no al- conviction. Honor discipline, valor, and fidel- ish National Fund. ternative. I say goodbye to you, hero, and ity are the corps virtues; dedication, sac- It was the first time a tree had been ask you to rest in peace, and think about us, rifice, and commitment its code. To those planted in the area of the White House and miss us, as down here we love you so who willingly join this elite society, service honoring a foreign leader. very much. I imagine angels are accompany- is not merely an occupation, it is a way of My hope is that all parties in the ing you now and I ask them to take care of life. Once a marine, always a marine. Middle East, as well as other nations, you, because you deserve their protection.∑ It is this way of life, this absolute, unwav- including the United States, will do ev- f ering commitment to duty, honor, and coun- erything we can to pursue Yitzhak try, that has distinguished the United States MARINE CORPS ANNIVERSARY Rabin’s dream of peace, a practical Marine Corps from every other fighting force OBSERVANCE peace where neighbors can get along in history. And it is this selfless dedication, and trade and have normal discourse. ∑ Mr. WARNER. Mr. President, I at- manifested through uncountable examples of tended the Marine Corps Anniversary battlefield valor, that has preserved our free- At the funeral tribute to Prime Min- dom and enabled our nation to prosper. ister Rabin in Israel, which I watched Observance at the Marine Corps War But there have been costs. Tremendous on television, nothing was more mov- Memorial. The speaker at those cere- costs. Look at the costs of Iwo Jima. Be- ing than the tribute of his teenage monies was our colleague from New tween February 19th and March 26th 1945, granddaughter, Noa Ben-Artzi Philosof. Hampshire, BOB SMITH. As a former nineteen-thousand Americans were wounded S 17788 CONGRESSIONAL RECORD — SENATE November 29, 1995 and seven thousand were killed in the cam- mination and extraordinary heroism in the CHINA-U.S. TIES WARM A BIT AS CHINA- paign to capture that strategic four mile is- face of ruthless enemy resistance were di- TAIWAN RELATIONS CHILL land. Against tremendous adversity, our ma- rectly instrumental in neutralizing one of (By Patrick E. Tyler) rines persevered and prevailed in this criti- the most fanatically defended Japanese BEIJING, Nov. 17.—China and the United cally important campaign. Four of the men strongholds, enabling his company to reach States made new progress today in resuming depicted in this memorial died within days its objective. a program of high-level military contacts by of raising the flag. This is the kind of uncommon valor that agreeing to an exchange of visits of their top But those of us who have served in the Admiral Nimitz was talking about. But one military officers next year. Armed Forces and gone to war know that does not have to reach back into history to freedom is never free. We knew it when we But American defense officials visiting find heroism. It is right here in front of, and here this week reported that during private enlisted, we know it today. So many of our around me, today. The highest decorations brave soldiers, sailors, airmen, and marines conversations they encountered trenchant that our Nation bestows are worn on the rhetoric and signs of unrelenting determina- have perished in defense of freedom. So chest of many of you here today. It is you many more have been wounded or disabled. tion by Beijing’s military and civilian lead- who carry the torch of freedom, and you who ers to undermine the rule of the President of Each of us has suffered the loss of a fallen continue the legacy of Corporal Williams and comrade or loved one. Taiwan, Lee Teng-hui. the millions of other marines who have In recent days, China has restated its in- This veterans day has a very special sig- served our Nation. And you do it willingly, nificance for me. For it was 50 years ago that tention to use all means, including military sometimes without receiving the credit you intimidation and force if necessary, to end I lost my father on active duty during World so richly deserve. War II. He was a naval aviator who flew com- what Beijing considers a drive by Mr. Lee to Though the world remains dangerous, and achieve independence for Taiwan. bat missions in the South Pacific. the future uncertain, there is one constant He knew the risks, he knew them well. And Mr. Lee insists he is only seeking greater that we as Americans can take great pride he accepted them. The stakes were too high international recognition for the island, and comfort in. That is the fact that our not to. My father gave his life in service to which has been estranged from the mainland his Nation. And on this very special occa- United States Marine Corps remains on sta- since the nationalists fled there after their sion, when I am so honored to join with you tion, throughout the world, 24 hours a day, defeat by the Communists in 1949. today, I want to pay tribute to my father 365 days a year, every year, defending our As three days of talks ended, the Pentagon and mother who, together, rest on a quiet freedom and preserving our security. was receiving reports that China had begun a little hillside in Arlington Cemetery. Like The honor, the dedication, the sacrifice, new military exercise off its southeastern my dad, my mother never wavered in her and, yes, the uncommon valor of every ma- coast near Taiwan, military officials here love of country, even when she saw her only rine who has served before lives on through said. two sons depart for Vietnam. those of you who stand watch today. As we It followed a Taiwanese drill earlier in the Freedom is never free. honor this history, we should pause to re- week intended to demonstrate the island’s But some things are worth fighting for. flect upon the 275 Marine Corps soldiers who ability to repulse an invasion from the main- Some universal principles of freedom, of mo- are still listed as POW/MIA from Vietnam, land. rality, of human dignity, and of right and Korea, and other wars. They are always in The visit of the American delegation led by wrong must be defended, no matter what the our hearts. Joseph S. Nye, the Assistant Secretary of costs. And through thick and thin, the Unit- I know that my friends in the Navy, Army, Defense for International Security Affairs, ed States Marine Corps has answered the Na- and Air Force will understand when I take was the first by American military officials tion’s call, remaining true to its convictions the liberty of saying to General Krulak and since the diplomatic rift that followed a and determined in its vow to be most ready all members of the Marine Corps—past, White House decision to allow Mr. Lee to when the Nation is least ready. present and future—Semper fi. make a private visit to the United States in Whether it be the colonial battles at new Thank you very much.∑ June. providence island and Trenton, or the his- And it demonstrated that United States- toric campaigns at Belleau Wood, Guadal- f China relations are recovering at a time of canal, Iwo Jima, and Inchon, the marines unremitting military tension across the Tai- have always delivered for our Nation for the CHINA-UNITED STATES TIES wan Strait that could lead to another rup- cause of freedom. ture in relations and, perhaps, military con- And today, whether rescuing American WARM A BIT AS CHINA-TAIWAN flict. citizens in Rwanda, maintaining the watch RELATIONS CHILL ‘‘The Chinese have a military operation off Somalia, conducting migrant rescue and Mr. SIMON. Mr. President, I have felt starting right now,’’ an official traveling security operations in the Caribbean and for some time that the United States with Mr. Nye said tonight. ‘‘And what is ashore in Jamaica, Cuba, and Haiti, respond- made a mistake in recognizing the Peo- clear is that China is brushing off military ing to crises in the Persian gulf, or rescuing plans and operational contingencies that downed pilots in Bosnia, the Marine Corps ple’s Republic of China and they haven’t thought about since the 1950’s. continues to deliver on its commitment to derecognizing Taiwan, sometimes re- This is an issue we are very concerned the American people and the United States ferred to as the Republic of China. about.’’ Constitution. They even survived the media My position for a long time was that Mr. Nye and officials traveling with him onslaught when they landed in Somalia. we should recognize both Chinas, as we When I think back upon the uncountable said that communication between China and recognized both Germanys. That did the United States is improving in some acts of heroism and sacrifice by our marines, not prevent East Germany and West I am always reminded of the words of Admi- areas, but ‘‘there was no give whatsoever’’ on ral Chester Nimitz following the battle of Germany from uniting as one country. Taiwan, one official said. Iow Jima. But when the mistake was made of ‘‘Every single person referred to Taiwan, From the fleet, Admiral Nimitz concluded, playing the China card, in large meas- and their point was that every Chinese is and I quote, ‘‘Among the Americans who ure in response to the Soviet Union and united on this question,’’ the official said. served on Iwo Island, uncommon valor was a ‘‘It was interesting because they made a its perceived threat, we had set up a comparison with our system. They said you common virtue.’’ Unquote. situation that potentially could mean Let me briefly provide an example of the may have differences in your Congress, but kind of valor to which Admiral Nimitz was military trouble in Asia. in China we are all united that there is only referring. On February 23, 1945, a young ma- The New York Times carried a story one China and Taiwan is part of China.’’ rine corporal named Hershel Williams earned on Saturday, November 18, by Patrick Chinese military leaders, during extensive the Congressional Medal of Honor at Iwo E. Tyler that talks about an improve- closed door talks with the American delega- Jima. When marine tanks were unable to ment in United States ties but a wors- tion, engaged in ‘‘subtle exploration’’ of how open a lane for the infantry through a net- ening of China-Taiwan ties. the United States would respond in the event work of concrete pillboxes and buried mines, of a military crisis over Taiwan, one official I am concerned about any leadership said. Corporal Williams struck out on his own to that could emerge in dictatorial China suppress the Japanese onslaught. But the American officials refused to dis- Corporal Williams fought desperately for 4 that might be a threat to the free Gov- cuss United States contingency planning. hours, covered by only 4 riflemen, preparing ernment of Taiwan. ‘‘We stand for peaceful resolution of disputes demolition charges and using a flamethrower I hope that our military leaders and across the Taiwan Strait,’’ Mr. Nye said at a to wipe out multiple enemy positions. our diplomatic leaders will not pussy- news conference today. On one occasion, he daringly mounted a foot around in making clear that there Any use of force by China against Taiwan pillbox under heavy fire, inserting the nozzle would be serious repercussions if China ‘‘would be a serious mistake’’ and, he added, continued military exercises near Taiwan of his flamethrower through the air vent, were to invade Taiwan. and destroying the enemy guns that were ‘‘are not helpful.’’ ravaging our troops. I ask that the article be printed in Mr. Nye announced that the Chinese De- According to the Medal of Honor descrip- the RECORD. fense Minister, Gen. Chi Haotian, would visit tion, Corporal Williams’ unyielding deter- The article follows: Washington next year and that Gen. John November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17789 Shalikashvili, Chairman of the Joint Chiefs while not encumbering charitable orga- Aging. She was also the driving force of Staff, would pay a reciprocal visit to nizations with the burdens of full com- in the planning of Hawaii’s participa- Beijing. pliance with the securities laws.’’ tion in the White House Conference on Visits by American and Chinese warships I am pleased to be a cosponsor of S. Aging, serving as chair in 1981 and 1995, to each other’s ports will also resume, Mr. 978. Last night, the House companion Nye said.∑ and for more than 10 years, Shim has bills, H.R. 2145, the Philanthropy Pro- been an active board member of the f tection Act and H.R. 2525, the Chari- Moiliili Community Center. CHARITABLE GIVING PROTECTION table Gift Annuity Antitrust Relief Act In 1990, on behalf of the Moiliili ACT of 1995 passed by a unanimous vote of Hongwanji Mission, Shim applied for a the House of Representatives. I urge grant from the National Federation of ∑ Mr. D’AMATO. Mr. President, I am the Senate to act quickly on this im- Interfaith Volunteer Caregiver and pleased to be a cosponsor of S. 978, the portant legislation.∑ founded Project Dana, which developed Charitable Giving Protection Act of f into a very successful program of vol- 1995, introduced by Senators HUTCHISON unteer caregiving for the frail elderly. and DODD. HONORING SHIM KANAZAWA, KINJI Today, she serves on the Robert Wood Charitable organizations serve a vital KANAZAWA, AND SPARK M. MAT- Johnson Faith in Action National Ad- and unique role in meeting the needs of SUNAGA visory Committee and is a trustee/ the American people. Religious, edu- ∑ Mr. INOUYE. Mr. President, I would treasurer of the National Federation of cational, benevolent, fraternal, and like to honor three extraordinary gift- Interfaith Volunteer Caregivers. other charitable organizations depend ed individuals who share many things Shim’s extraordinary efforts to care on donations to fund their operations. in common: love of country and an unfor and serve the community has Congress must see to it that charitable dying commitment to serve their fel- earned her many honors. On May 13, giving is encouraged to ensure that low citizens. Shim and Kinji Kanazawa 1990, the Board of Regents of the Uni- these critical donations continue. and our beloved colleague, the late versity of Hawaii at Manoa bestowed Charitable gift annuities enable indi- Spark M. Matsunaga are to be com- upon her the honorary degree of Hu- viduals to make a donation to charity mended for the time, effort and many mane Letters for her deep concern and and receive lifetime interest payments years of outstanding service that they humanitarian efforts to improve the based on the donation’s return. The have given to improving the quality of quality of life for all people. On April SEC has determined that these types of life for the people of Hawaii. They are 12, 1995, our State Senate honored donations do not involve an investment indeed role models that many can only Shim for her devoted and exemplary strategy and thus are not securities hope to emulate. service to the people of Hawaii, and on that would otherwise have to be reg- The eldest of 11 children of Torazo May 11, 1995, the Public Schools Foun- istered. and Saki Rusaki, Shimeiji, or Shim as dation honored her for her more than Recently, however, a lawsuit has put she is more familiarly known, was born 20 years of continuous service as a full into question whether charitable in- in Kamuela, HI. She attended schools time executive volunteer at the local come funds need to be registered under in Waimea, Hilo, and Boston. and national level. the Federal securities laws. The threat At the time when World War II broke Kinji Kanazawa is the son of Sakijiro of litigation would deter individuals out, Shim assisted the Swedish Vice- and Haru Kanazawa. He was born and from making this type of donation and Consulate, which had the responsibility raised in Moiliili with his twin brother prevent charitable organizations from for protecting the interests of resident Kanemi and five older sisters. Kinji at- raising funds in this manner. S. 978 will Japanese aliens. She advised the Vice- tended Kuhio Elementary, Washington allow charitable institutions to con- Consulate to provide a variety of serv- Intermediate, McKinley High School, tinue raising vital funds through spe- ices including assistance with business and the University of Hawaii at Manoa. cial investments and charitable gift and personal affairs, reuniting intern- Kinji worked in real estate, and during annuities—without the threat of litiga- ees with their families, arranging for World War II, for the Federal War tion. transportation, and escorting many to Housing Administration which built The Charitable Giving Protection the faraway camps. The American Red about 1,000 temporary homes in Manoa Act clarifies that the charitable in- Cross later awarded Shim a special ci- Valley. After the war, he attended Bos- come funds are not required to register tation for the care and compassion she ton University Law School. under the Federal securities laws. This displayed to those she assisted. Kinji headed the State Real Estate legislation would codify the long- In 1946, while working for the Veter- Commission, taught at the University standing SEC practice of exempting ans Administration, Shim met her hus- of Hawaii, and operated his own real charitable organizations from registra- band, Kinji. The following year they estate school where he trained over tion requirements. were married and immediately moved 6,000 agents. On April 3, 1995, he was This legislation maintains critical to Boston where Kinji attended law duly admitted as an Attorney and investor protection provisions of the school and Shim studied at the Cham- Counselor of the Supreme Court of the Federal securities laws. It does not ex- berlain School of Design and Retailing. United States of America. clude charitable organizations from Upon completion of their studies, they Kinji is credited with saving the the antifraud or disclosure provisions returned to Honolulu and Shim contin- Moiliili Community Center during of the Federal securities laws. These ued her work for the betterment of the World War II, when most Japanese- important investor provisions must be community. owned land was confiscated by the Gov- retained to protect individuals who Shim served as an active volunteer ernment under martial law. The mili- make the donations to charitable orga- member of many organizations includ- tary governor refused to allow the nizations. ing the Lawyers Wives Club, for which Moiliili Community Association to ac- This legislation provides the appro- she served as president, and the Com- quire the Japanese Language School priate relief to charities so they can mission on Children and Youth. Shim unless the Japanese Board of Directors raise and manage their money without was the first nisei woman to serve on was replaced by caucasians. Kinji per- compromising investor protections. the board of Aloha United Way, and the suaded several caucasian community The chief watchdog of the securities first woman director and chair to serve leaders to become board members. As markets, the SEC, also supports the on the board of Kuakini Medical Cen- soon as the emergency was over, they goals of this legislation. During House ter. She was appointed by former Gov. willingly resigned to enable the former Commerce Committee hearings on a William Quinn to chair the Life and Moiliili leaders to become board mem- companion bill, the SEC’s Director of Law Committee to study laws affecting bers. Kinji and I recently co-chaired the Division of Investment Manage- family life and youth, which spear- the Capitol Fund Drive to construct ment, Barry Barbash, testified: ‘‘the headed the creation of the Family the Weinberg Building which is now Commission believes that the Philan- Court. Shim actively participated on the Thrift Shop. He has continuously thropy Protection Act provides an ap- the Elder Affairs Policy Advisory led the board of trustees of the Moiliili propriate level of investor protection Board and chaired the Commission on Community Center for the past 50 S 17790 CONGRESSIONAL RECORD — SENATE November 29, 1995 years. Kinji has also served the Moiliili Veterans Affairs Medical Center, and I The U.S. continues to benefit from the in- Hongwanji Mission as the president of remain hopeful that Spark’s endeavor flux of legal immigrants. Just to take a few the temple organization for over 22 will someday become a reality. examples: In Silicon Valley, one out of every Spark was indeed a voice of compas- three engineers and microchip designers is years. foreign born; in Miami, Cuban immigrants The late Spark M. Matsunaga was sion for the homeless, as well as the have revitalized a once decaying city; and in born on October 8, 1916, on the Island of physically and mentally ill. When it New York, foreign nationals serve as CEOs of Kauai, to Kingoro and Chiyono Matsu- may have been unpopular to do so, he banking institutions, as senior managers of naga, who had emigrated from Japan waged a campaign for justice for Amer- international companies, and as investors to work on a sugar plantation. He icans of Japanese ancestry who were and entrepreneurs. worked at many jobs through high interned during World War II. Spark What the restrictionist legislative propos- school and graduated with honors from als seem to ignore is the critical distinction went from office to office seeking co- between legal and illegal immigration. The the University of Hawaii, where he re- sponsors for a measure authorizing an number of legal immigrants we admit each ceived a degree in education. apology and monetary reparations for year is limited and manageable. Fewer than At the time World War II broke out, Japanese-Americans whose patriotism 25,000 immigrants received labor certifi- Spark was a second lieutenant in the was questioned. This measure was en- cations (the prerequisite for obtaining per- U.S. Army. When President Roosevelt acted in 1988. manent resident status based on job skills) permitted the formation of all-Japa- I will always remember Spark for last year. nese units, Spark became a member of Under existing law, legal immigrants must these achievements, his friendly per- establish when coming here that they have the 100th Infantry Battalion, which sonality and love of Japanese poetry. sufficient assets to sustain themselves or later became a part of the 442nd Regi- Shim and Kinji Kanazawa’s and the that they have a job with a salary that will mental Combat Team. Whatever as- late Spark M. Matsunaga’s extraor- ensure their not becoming dependent on wel- signments Spark received, he per- dinary lifelong contributions to the fare. Lacking these two, they are required to formed with skill and bravery. He State of Hawaii and to our Nation will provide an affidavit from a sponsor, usually fought in the historic battles of Monte not be forgotten.∑ a family member, who will be legally respon- Cassino, Anzio and the liberation of sible to make sure the immigrant and his f family will never become public charges. Rome. He was wounded twice and IMMIGRATION: WHERE TO GO These commitments should be made enforce- earned the Bronze Star Medal for hero- able. ism. FROM HERE I do not believe that the U.S. would be the Using the GI bill, Spark went to Har- ∑ Mr. ABRAHAM. Mr. President, I world’s only superpower if not for the super vard Law School and received his law would like to bring to the attention of energy provided by the annual influx of legal degree. He went to work as an assistant my Senate colleagues a piece that ap- immigrants. I don’t want to change that. prosecuting attorney in Honolulu and peared in the November 27 edition of Stephen H. Legomsky is a professor of was elected to the Territorial House of the Wall Street Journal entitled ‘‘Im- international and comparative law at Wash- Representatives from 1954 to 1959, and migration: Where to Go From Here?’’ ington University School of Law, St. Louis. serving as majority leader in 1959. In this piece, the Journal asked a panel The U.S. has two venerable traditions. One In 1962, Spark came to Washington of opinion-makers—ranging from Jack is to admit immigrants; the other is to com- and served in the U.S. House of Rep- Kemp to former New York Mayor Ed- plain that today’s immigrants are not of the same caliber as yesterday’s. In actuality, to- resentatives for seven terms. In 1976, he ward Koch to our colleague BEN day’s immigrants are just as resourceful as was elected to the U.S. Senate. He NIGHTHORSE CAMPBELL—about the im- their predecessors, and they are more vital served with much distinction as a pact of legal immigration on America’s to American industry and to the American member of the Finance Committee, society and economy. I think that the consumer than ever before. Imported labor- where he was a ranking member, and views expressed in this article will be ers used to be valued mainly for their mus- chairman of the Subcommittee on Tax- helpful to my colleagues as we debate cle. In today’s high-tech global economy, ation and Debt Management; on the immigration reform in the coming brainpower has become the more valuable re- Labor and Human Resources Commit- months. I ask that the article be print- source. American companies and universities tee, and chairman of its Subcommittee compete with their foreign counterparts for ed in the RECORD. the world’s greatest minds. Why donate this on Aging; and on the Veterans’ Affairs The article follows: talent to our global competitors when we Committee. [From the Wall Street Journal, Nov. 27, 1995] can use it ourselves? Spark will always be respected for IMMIGRATION: WHERE TO GO FROM HERE Yes, immigrants take jobs. But they also create jobs by consuming goods and services, his outstanding legislative record that Jack Kemp is a co-director of Empower lending their expertise to newly vibrant fulfilled his visions of peace, inter- America, a conservative advocacy organiza- national cooperation, and assistance to American export companies, starting busi- tion. nesses and revitalizing cities. those in need. He had always wanted to Some immigration policies badly need re- Yes, some immigrants receive welfare. But be remembered as a friend of peace- form, especially those having to do with ille- immigrants also pay taxes—income, sales, makers. He never forgot the horrors of gal immigration. Under the 1986 immigration property, gasoline and Social Security. For war. He was determined that our Na- reform act, for example, it’s illegal to hire federal, state and local governments com- tion would devote itself to the pursuit an undocumented alien, and hard and costly bined, immigrants actually generate a net even to hire a legal one. By contrast, the law fiscal surplus. of peace. In 1984, Spark’s 22 years of allows, and in many cases legally mandates, lobbying efforts resulted in the estab- Of course, immigration does far more than payment of welfare, medical, education and this. It reunites husbands with wives and lishment of the U.S. Institute for other benefits. parents with children. It enriches us cul- Peace. A better, more American, policy would be turally. It is, ultimately, the quintessential As a ranking member of the Veter- to make it easy for immigrants to work—for American value. ans’ Affairs Committee, Spark’s im- example, with a generous guest worker pro- print could be seen on virtually every gram and low-cost i.d. for participants. We Peter Brimelow is the author of ‘‘Alien Na- major bill that passed the committee. can design a policy that would be just and tion: Common Sense About America’s Immi- In 1987, he engaged in efforts to estab- would create better incentives, but would gration Disaster’’ (Random House). make it harder to get welfare payments. For Immigration policy is broke and needs fix- lish a veterans medical center in Ha- instance, the U.S. could more readily accept ing. The perverse selectivity of the 1965 Im- waii, to care for the aging and ailing immigrants who take a pledge not to go on migration Act has resulted in an inflow vast- military veterans. At that time, I com- welfare (a pledge many have already taken). ly larger and more unskilled than promised. mitted myself to carrying on Spark’s With such policies, we not only can ‘‘af- Moreover, in the lull since the 1890–1920 im- endeavor and ask that the veterans ford’’ to keep the golden door open; we will migration wave, the American welfare state hospital would forever bear his name, attract the same type of dynamic men and was invented. Its interaction with mass im- in remembrance of his contributions on women who historically helped build this immigration is paradoxical. At the turn of the behalf of our Nation’s veterans. I am migrant nation. Let’s agree to reform the century, 40% of all immigrants went home, welfare state and not allow America to be basically because they failed in the work pleased to report today, the Congress turned into a police state. force. Now immigrants are significantly into has appropriated approximately one- welfare (9.1% vs. 7.4% for native-born Ameri- third of the total funds to establish the Edward I. Koch is a former mayor of New cans, maybe 5% for native-born whites). And Spark M. Matsunaga Department of York City. net immigration is some 90%. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17791 The real economic question about immi- even when employers demonstrate an imme- taurants and motels. And most of them, to gration, however, is: Is it necessary? Does it diate need. We recommend a simpler, less my knowledge, have no problems with the do anything for the native-born that they costly system based on market forces. We law. The first thing they do when they get could not do for themselves? Here there is a still have a Cold War refugee policy. To here is to find a job and get to work. consensus: no. Indeed, the best estimate of maintain our commitment to refugees, we If my ancestors on the Indian side had the the post-1965 influx’s benefit to the native- should rethink our admissions criteria. same anti-immigrant attitude that many born, by University of California, San Diego These reforms will further the national in- Americans do now, those very same people economist George J. Borjas, is that it is nu- terest. who now criticize immigrants wouldn’t be gatory: perhaps one-tenth of 1% of gross do- here themselves. mestic product in total. America is being Scott McNealy is chairman and CEO, Sun But, having said all that, I recognize you transformed for—nothing. Microsystems Inc., Palo Alto, Calif. must have control of your borders. You can- Current legislation usefully reduces num- Sun Microsystems is an American success not have an open-door policy for anybody bers. But irresponsible politicians and pun- story, a company that has benefited pro- and everybody. It becomes a national secu- dits will prevent a full Canadian-style reori- foundly from the employment of highly rity and national health problem when we entation to favoring immigrants with skills skilled legal immigrants. Founded in 1982 by give up having some control. and cultural compatibility such as English individuals from three countries—Vinod proficiency, or giving consideration to guest Khosla (India), Any Bechtolsheim (Ger- Dr. Ruth Westheimer is the author of, workers, before the inevitable backlash com- many), and Bill Joy and myself (U.S.)—today ‘‘Sex for Dummies’’ (IDG Books, paperback). When I was 10 years old, I was permitted to pels a total cut-off. Sun has more than $6 billion in annual revenues and more than 15,500 employees world- immigrate to Switzerland while my parents and grandmother were not. The net effect Gregory Fossedal is founder and CEO of wide. Our latest technology effort was head- was that I survived the Holocaust and they the Alexis de Tocqueville Institution, Ar- ed by an Indian national and worked on by didn’t. If we in the U.S. are going to call our- lington, VA. about 2,000 employees from around the selves followers of the Judeo-Christian ethic, Immigrants pay $25 billion more in federal world. taxes than they use in services, according to While illegal immigration is a problem then we have a moral obligation not to shut the doors to those who are being persecuted. an Urban Institute estimate. Preliminary that needs to be addressed, there are very Now while I am not an economist, I also data on patents, small business startups, and real benefits to the U.S. economy from the think that we benefit a lot more than we city and state unemployment all indicate employment of highly skilled legal immi- admit from a constant flow of new laborers. immigrants generate net output and jobs. grants. When I first came here, I was able to find a For a smaller budget deficit we should run a The legislation that is moving through job as a housemaid for a dollar an hour, Congress today, if approved, will hurt Sun, people surplus. which saved my life. Now I employ a house- Some want to ‘‘skim the cream’’—letting and the industry. With at least half of our keeper who comes from the Philippines, and in lots of engineers and millionaires, but revenue earned outside the U.S., and the to me she is a lifesaver. We all benefit from fewer family members, refugees and ‘‘low- bulk of our R&D conducted inside the U.S., the Mexican workers who pick our fruits and skilled’’ immigrants. Tempting, but the bril- we need to hire the best and brightest engi- vegetables, and from the Korean grocers who liant Indian and Chinese programmers work- neers and scientists, regardless of their place stay open all night selling them. If we try to ing for Microsoft often have wives or hus- of birth, to stay globally competitive. And keep new immigrants from joining us, we bands or parents. Many American executives even though Sun is devoting considerable re- will only be cutting off our collective nose to need an affordable au pair: And the George sources both to training our employees and spite our selfish face.∑ Soroses or Any Groves of tomorrow often to educating students from kindergarten have nothing when they come. They bus ta- through university, we are still confronted f bles or clean hotel rooms before they build with a shortage of U.S. workers with state- PRESIDENTS OF ARMENIA AND Fortune 500 companies. It’s a mistake for of-art, leading-edge engineering knowledge. TURKEY MEET IN NEW YORK Vice President Al Gore to try to out-think We must be able to hire highly skilled legal capital markets. Why should Sen. Alan immigrants now or we may miss a product ∑ Mr. SIMON. Mr. President, I receive Simpson be smarter than the labor market? cycle in this fast-paced industry. Miss one the Armenian Mirror-Spectator regu- We should sharpen the programmatic dis- product cycle, you’re seriously hurt; miss larly, a weekly publication circulated tinction between being in the U.S. and being two, you’re history. primarily in the United States. a U.S. citizen. Make it easy to work or trav- If Sun loses its ability to compete and re- There are two items of interest in the el—but confer government benefits on citi- cruit globally, our employees and sharehold- October 28 issue. And the headings on zens, not on people who merely happen to be ers lose and ultimately the U.S. loses. here (a change included in the House welfare the two items tell much of the story. reform). This would end the shibboleth that George E. Pataki is the governor of New One is ‘‘Presidents of Armenia and Tur- immigrants are costly, and ease legitimate York. key Meet in New York,’’ and the other concern that America is losing its English- In my hometown of Peekskill, N.Y., where is ‘‘Armenia Suggests Normalization of speaking core. Then there would be support my immigrant grandparents lived, the homes Ties With Turkey.’’ for the reform we really need—to let in more and flats that were rented by immigrants The animosities of decades and, immigrants. from Hungary, Italy and Ireland in the early sometimes, centuries have to be dimin- 20th century are now rented by new immi- ished in our world. One of those that Barbara Jordan chairs the U.S. Commis- grants from Peru, Mexico and East Asia. In sion on Immigration Reform. the early morning you can see many of these hurts both Armenia and Turkey is the It is because we benefit from lawful immi- new immigrants waiting for rides and for historic difficulties between these two gration that reform is necessary. The bipar- work as they begin their long days as gar- peoples. tisan USCIR recommends a comprehensive deners and laborers. Their work ethic and I urge both countries to continue to strategy to deter illegal immigration: better their dreams for a better future parallel the move along this path toward reconcili- border management; more effective enforce- work ethic of America’s earlier immigrants. ation. ment of labor and immigration laws; benefits While the federal government must im- And I ask that the two articles be policies consistent with immigration goals: prove the policing of our borders and assure printed in the RECORD. prompt removal of criminal aliens. Most ille- that immigration is in fact legal, Congress The articles follow: gal aliens come for jobs, so reducing that must avoid the temptation to pass restric- [From the Armenian Mirror-Spectator, Oct. magnet is key. Employers need tools to ver- tive measures like California’s Proposition 28, 1995] ify work authorization that fight fraud and 187. This is America, not Fortress America. discrimination, reduce paperwork and pro- Let those who share our values as Ameri- PRESIDENTS OF ARMENIA AND TURKEY MEET IN tect privacy. The most promising option: cans—hard work, individual responsibility NEW YORK electronic validation of the Social Security and a love for this country—continue to (By Florence Avakian) number all workers already provide after strengthen our unique nation. UNITED NATIONS, NY.—On Monday, October they are hired. 23, a private meeting took place between A well-regulated legal immigration system Ben Nighthorse Campbell is a Republican Turkish President Suleyman Demirel and sets priorities. Current policy does not. More senator from Colorado. Armenian President Levon Der Petrossian than one million nuclear families are sepa- One weakness of our immigration policy is and their aides at the Turkish Mission to the rated, awaiting visas that will not be avail- that we continually give amnesty to the ille- United Nations in New York. The meeting at able for years. We recommend using ex- gal immigrants, undermining the legal proc- the Turkish UN headquarters, which is tended family visas to clear this backlog. ess and the intent of the law. But, generally, across the street from the United Nations, Unskilled foreign workers are admitted immigrants still contribute more than they underscored the importance that Armenia while many of our own unskilled can’t find take out. Many of them do jobs no American puts on improved relations with Turkey. jobs. We recommend eliminating this cat- will do for any wage. Immigrants from Just before the Demirel-Der Petrossian egory. A failed regulatory system prevents Southeast Asia go into inner cities and help meeting, the Turkish President had met pri- timely hiring of skilled foreign professionals rejuvenate them by operating small res- vately with Azerbaijani President Geidar S 17792 CONGRESSIONAL RECORD — SENATE November 29, 1995 Aliyev, also at the Turkish Mission to the figure of refugees resulting from the SEC. 2. AMENDMENT OF TITLE 49. United Nations. Following the Demirel- Caucasus conflict at 1.1 million, 350,000 of Except as otherwise expressly provided, when- Aliyev meeting, the two leaders came out for which are Armenian refugees from Baku, ever in this Act an amendment or repeal is ex- a photo opportunity with the more than 60 Sumgait and Karabagh.) pressed in terms of an amendment to, or repeal Turkish and Azeri media representatives. The Turkish President also mentioned that of, a section or other provision, the reference This correspondent, who was the only Arme- he had cancelled his meeting with President shall be considered to be made to a section or nian journalist present, asked the Turkish Clinton in Washington because of the gov- other provision of title 49, United States Code. President: ernment crisis in Turkey. However, he said SEC. 3. TABLE OF SECTIONS. FA: Mr. Demirel, do you have plans to that President Clinton, at the Presidents’ The table of sections for this Act is as follows: have a trilateral meeting with Presidents dinner at the United Nations, told him that Sec. 1. Short title. Der Petrossian and Aliyev? he is supporting Turkey. To this, Demirel Sec. 2. Amendment of title 49. SD: No, that will not happen. We are hav- thanked Clinton for his support on the oil Sec. 3. Table of sections. ing bilateral meetings with each other. At and terror issues. The United States has sup- this time, there is no need to have a summit. ported Turkey on the Kurdish question. One TITLE I—TERMINATION OF THE INTER- Armenia and Azerbaijan don’t have a com- of the most vocal protest groups outside the STATE COMMERCE COMMISSION AND mon ground or agreement in order to have a United Nations were the Kurds asking for FEDERAL MARITIME COMMISSION; RE- three-way summit. freedom and self-determination. PEAL OF OBSOLETE AND UNNECESSARY When the President of Armenia arrived for The Turkish crisis which brought down the PROVISIONS OF LAW his meeting with the Turkish leader, the Ciller government resulted in the Turkish SUBTITLE A—TERMINATIONS Demirel-Aliyev meeting was still in President returning to Turkey on the Sec. 101. Agency terminations. progress. He waited on another floor of the evening of Monday, October 23. It was widely Sec. 102. Savings provisions. Turkish Mission until the Azeri President expected that on Tuesday, October 24, Sec. 103. References to the ICC in other laws. left. Following the more than half hour Demirel would appoint a new government, Sec. 104. Transfer of functions. meeting between the Armenian and Turkish and set a new date for elections. Reportedly, Sec. 105. References to the FMC in other laws. heads of state, the two also came out for a he has asked Tansu Ciller to remain as SUBTITLE B—REPEAL OF OBSOLETE, ETC., photo op with the press. Prime Minister. Reliable sources also say PROVISIONS Speaking in Armenian with an English in- that Hikmet Cetin, who held the post before, terpreter, President Der Petrossian com- will replace Erdal Inonu as the next foreign Sec. 121. Repeal of provisions. mented, ‘‘We are using all the opportunities minister. Sec. 122. Coverage of certain entities under to achieve peace. During our meeting today, other, unrelated Acts not affected. the issue of settlement of the Nag´ orno [From the Armenian Mirror-Spectator, Oct. TITLE II—INTERMODAL SURFACE Karabag´ h conflict was discussed as well as 28, 1995] TRANSPORTATION BOARD the issues connected with bilateral relations ARMENIA SUGGESTS NORMALIZATION OF TIES SUBTITLE A—ORGANIZATION between Armenia and Turkey. I think that WITH TURKEY the common understanding is to allow the Sec. 201. Amendment to subchapter I. ANKARA, TURKEY.—The Armenian Par- Sec. 202. Administrative support. resumption of military activities in Nag´ orno liament speaker this week called for an end Sec. 203. Reorganization. Karabag´ h. to decades of mistrust and hostilities with ‘‘At the same time it is necessary for all Sec. 204. Transition plan for Federal Maritime Turkey and proposed to establish bilateral Commission functions. parties to express good will and to find con- diplomatic and commercial ties. structive compromise and solutions to the Babken Ararktsian, who is currently in Is- SUBTITLE B—ADMINISTRATIVE conflict. There are details that are to be set- tanbul as term president of the Parliamen- Sec. 211. Powers. tled and discussed during the negotiating tary Assembly of the Black Sea Economic Sec. 212. Commission action. process. And it’s not only Lachin, but there Cooperation (PABSEC), told local reporters Sec. 213. Service of notice in Commission pro- are tens of issues in which the parties’ opin- that Armenia was ready to tear down the ceedings. ions differ from each other. Tomorrow, the wall between Turkey and Armenia which has Sec. 214. Service of process in court proceed- same issues will be discussed with Mr. been there for the past 70 years. ings. Aliyev.’’ ‘‘Relations should be bilateral. They Sec. 215. Study on the authority to collect This last statement was in reference to a should not be influenced by third countries,’’ charges. private meeting between the Armenian and he said. Sec. 216. Federal Highway Administration rule- Azeri Presidents which was scheduled to Turkey has never established diplomatic making. take place on Tuesday morning, October 24, ties with Armenia because of Armenia’s re- Sec. 217. Transport vehicles for off-road, com- at 9:30 am, at the United Nations head- peated charges that Turks massacred 1.5 mil- petition vehicles. quarters. lion Armenians during the First World War Sec. 218. Destruction of motor vehicles or motor Following the two bilateral meetings, the as well as its seven-year war with Azerbaijan vehicle facilities; wrecking trains. Turkish President held a press conference over the Nagorno Karabagh enclave. TITLE III—RAIL AND PIPELINE with only the Turkish press, intended for Turkey had supported Azerbaijan and cut TRANSPORTATION public consumption in Turkey. The Turkish off all air and overland border crossings to press representative summarized the infor- Armenia at the height of the war in 1993. Sec. 301. General changes in references to Com- mation for this correspondent after the brief- An air corridor between eastern Turkey mission, etc. ing. and Yerevan, capital of Armenia, was re- Sec. 302. Rail transportation policy. Demirel had reportedly said, without opened only this year. Sec. 303. Definitions. elaborating, that after the dismemberment Ararktsian said Armenia was ready to Sec. 304. General jurisdiction. of the Soviet Union, the importance of Tur- open its borders to allow Turkish trucks car- Sec. 305. Railroad and water transportation key had increased. Concerning the Caucasus, rying goods to transit to the Caucasus and to connections and rates. he said that it was Turkey’s second foreign the Turkic republics in Central Asia. Sec. 306. Authority to exempt rail carrier and policy priority, after the war in the former ‘‘Big perspectives exist for the future of motor carrier transportation. Yug´ oslavia, and that the Karabag´ h conflict economic ties between the two countries,’’ Sec. 307. Standards for rates, classifications, hurts not only Armenia and Azerbaijan, but he added.∑ etc. also Turkey and Georg´ ia. His statement re- f Sec. 308. Standards for rates for rail carriers. portedly was that when one neighbor is hurt, Sec. 309. Authority for carriers to establish all are hurt. The Caucasus conflict cannot be INTERSTATE COMMERCE rates, classifications, etc. resolved by force, he said, and that peace COMMISSION SUNSET ACT Sec. 310. Authority for carriers to establish through routes. will open new opportunities. The text of the bill (H.R. 2539) as The Turkish press representative contin- Sec. 311. Authority and criteria for prescribed ued the Turkish President’s comments which passed by the Senate on November 28, rates, classifications, etc. included the statement that Turkey does not 1995, is as follows: Sec. 312. Authority for prescribed through have designs against its neighbors, and that Resolved, That the bill from the House of routes, joint classifications, etc. Armenia and Azerbaijan will reach peace Representatives (H.R. 2539) entitled ‘‘An Act Sec. 313. Antitrust exemption for rate agree- through the Minsk Group. Demirel report- to abolish the Interstate Commerce Commis- ments. edly stated that he wants ‘‘1.4 million Azeris sion, to amend subtitle IV of title 49, United Sec. 314. Investigation and suspension of new to return to their homes.’’ States Code, to reform economic regulation rail rates, etc. In answer to a question by this correspond- of transportation, and for other purposes’’, Sec. 315. Zone of rail carrier rate flexibility. ent three weeks ago, Former Turkish For- do pass with the following amendment: Sec. 316. Investigation and suspension of new eign Minister, Erdal Inonu, at a press con- Strike out all after the enacting clause and pipeline carrier rates, etc. ference at the United Nations, used the fig- insert: Sec. 317. Determination of market dominance. ure of one million Azeri refugees. (It is inter- SECTION 1. SHORT TITLE. Sec. 318. Contracts. esting to note, as I reported at that time, This Act may be cited as the ‘‘Interstate Com- Sec. 319. Government traffic. that the International Red Cross puts the merce Commission Sunset Act of 1995’’. Sec. 320. Rates and liability based on value. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17793

Sec. 321. Prohibitions against discrimination by SUBTITLE B—MOTOR CARRIER REGISTRATION (b) PROCEEDINGS; APPLICATIONS.— common carriers. AND INSURANCE REQUIREMENTS (1) The provisions of this Act shall not affect Sec. 322. Facilities for interchange of traffic. Sec. 451. Amendment of section 31102. any proceedings or any application for any li- Sec. 323. Liability for payment of rates. Sec. 452. Amendment of section 31138. cense pending before the Interstate Commerce Sec. 324. Continuous carriage of freight. Commission at the time this Act takes effect, in- Sec. 325. Transportation services or facilities Sec. 453. Self-insurance rules. Sec. 454. Safety fitness of owners and operators. sofar as those functions are retained and trans- furnished by shipper. ferred by this Act; but such proceedings and ap- Sec. 326. Demurrage charges. TITLE V—AMENDMENTS TO OTHER LAWS Sec. 327. Transportation prohibited without plications, to the extent that they relate to func- Sec. 501. Federal Election Campaign Act of tions so transferred, shall be continued. Orders tariff. 1971. Sec. 328. General elimination of tariff filing re- shall be issued in such proceedings, appeals Sec. 502. Agricultural Adjustment Act of 1938. shall be taken therefrom, and payments shall be quirements. Sec. 503. Agricultural Marketing Act of 1946. made pursuant to such orders, as if this Act had Sec. 329. Designation of certain routes. Sec. 504. Animal Welfare Act. not been enacted; and orders issued in any such Sec. 330. Authorizing construction and oper- Sec. 505. Title 11, United States Code. proceedings shall continue in effect until modi- ation of railroad lines. Sec. 506. Clayton Act. Sec. 331. Authorizing action to provide facili- fied, terminated, superseded, or revoked by a Sec. 507. Consumer Credit Protection Act. ties. Sec. 508. National Trails System Act. duly authorized official, by a court of competent Sec. 332. Authorizing abandonment and dis- Sec. 509. Title 18, United States Code. jurisdiction, or by operation of law. Nothing in continuance. this subsection shall be deemed to prohibit the Sec. 333. Filing and procedure for applications Sec. 510. Internal Revenue Code of 1986. Sec. 511. Title 28, United States Code. discontinuance or modification of any such pro- to abandon or discontinue. ceeding under the same terms and conditions Sec. 334. Exceptions. Sec. 512. Migrant and Seasonal Agricultural Worker Protection Act. and to the same extent that such proceeding Sec. 335. Railroad development. could have been discontinued or modified if this Sec. 336. Providing transportation, service, and Sec. 513. Title 39, United States Code. Act had not been enacted. rates. Sec. 514. Energy Policy Act of 1992. Sec. 337. Use of terminal facilities. Sec. 515. Railway Labor Act. (2) The Transportation Board and the Sec- Sec. 338. Switch connections and tracks. Sec. 516. Railroad Retirement Act of 1974. retary are authorized to provide for the orderly Sec. 339. Criteria. Sec. 517. Railroad Unemployment Insurance transfer of pending proceedings from the Inter- Sec. 340. Rerouting traffic on failure of rail car- Act. state Commerce Commission. rier to serve public. Sec. 518. Emergency Rail Services Act of 1970. (c) ACTIONS IN LAW COMMENCED BEFORE EN- Sec. 341. Directed rail transportation. Sec. 519. Regional Rail Reorganization Act of ACTMENT.—Except as provided in subsection Sec. 342. War emergencies; embargoes. 1973. (e)— Sec. 343. Definitions for subchapter III. Sec. 520. Railroad Revitalization and Regu- (1) the provisions of this Act shall not affect Sec. 344. Depreciation charges. latory Reform Act of 1976. suits commenced prior to the date this Act takes Sec. 345. Records, etc. Sec. 521. Alaska Railroad Transfer Act of 1982. effect, and, Sec. 346. Reports by carriers, lessors, and asso- Sec. 522. Merchant Marine Act, 1920. (2) in all such suits, proceedings shall be had, ciations. appeals taken, and judgments rendered in the Sec. 347. Accounting and cost reporting. Sec. 523. Service Contract Act of 1965. same manner and effect as if this Act had not Sec. 348. Securities, obligations, and liabilities. Sec. 524. Federal Aviation Administration Au- Sec. 349. Equipment trusts. thorization Act of 1994. been enacted. Sec. 350. Restrictions on officers and directors. Sec. 525. Fiber drum packaging. (d) CONTINUANCE OF ACTIONS AGAINST OFFI- Sec. 351. Limitation on pooling and division of Sec. 526. Termination of certain maritime au- CERS.—No suit, action, or other proceeding com- transportation or earnings. thority. menced by or against any officer in his official Sec. 352. Consolidation, merger, and acquisition Sec. 527. Certain commercial space launch ac- capacity as an officer of the Interstate Com- of control. tivities. merce Commission shall abate by reason of the Sec. 353. General procedure and conditions of Sec. 528. Use of highway funds for Amtrak-re- enactment of this Act. No cause of action by or approval for consolidation, etc. lated projects and activities. against the Interstate Commerce Commission, or Sec. 354. Rail carrier procedure for consolida- Sec. 529. Violation of grade-crossing laws and by or against any officer thereof in his official tion, etc. regulations. capacity, shall abate by reason of enactment of Sec. 355. Employee protective arrangements. TITLE VI—AUTHORIZATION this Act. Sec. 356. Authority over noncarrier acquirers. Sec. 601. Authorization of appropriations. (e) SUBSTITUTION OF TRANSPORTATION BOARD Sec. 357. Authority over intrastate transpor- AS PARTY.—Any suit by or against the Inter- tation. TITLE VII—MISCELLANEOUS PROVISION state Commerce Commission begun before enact- Sec. 358. Tax discrimination against rail trans- Sec. 701. Pay of Members of Congress and the ment of this Act shall be continued, insofar as portation property. President during Government it involves a function retained and transferred Sec. 359. Withholding State and local income shutdowns. under this Act, with the Transportation Board tax by certain carriers. Sec. 360. General authority for enforcement, in- TITLE VIII—EFFECTIVE DATE (to the extent the suit involves functions trans- vestigations, etc. Sec. 801. Effective Date. ferred to the Transportation Board under this Sec. 361. Enforcement. Act) or the Secretary (to the extent the suit in- TITLE I—TERMINATION OF THE INTER- volves functions transferred to the Secretary Sec. 362. Attorney General enforcement. STATE COMMERCE COMMISSION AND Sec. 363. Rights and remedies. under this Act) substituted for the Commission. FEDERAL MARITIME COMMISSION; RE- Sec. 364. Limitation on actions. PEAL OF OBSOLETE AND UNNECESSARY SEC. 103. REFERENCES TO THE ICC IN OTHER Sec. 365. Liability of common carriers under re- LAWS. PROVISIONS OF LAW ceipts and bills of lading. (a) FUNCTIONS.—With respect to any func- Sec. 366. Liability when property is delivered in Subtitle A—Terminations tions transferred by this Act and exercised after violation of routing instructions. SEC. 101. AGENCY TERMINATIONS. the effective date of the Interstate Commerce Sec. 367. General civil penalties. (a) INTERSTATE COMMERCE COMMISSION.— Commission Sunset Act of 1995, reference in any Sec. 368. Civil penalty for accepting rebates Upon the transfer of functions under this Act to other Federal law to the Interstate Commerce from common carrier. the Intermodal Surface Transportation Board Commission shall be deemed to refer to— Sec. 369. Rate, discrimination, and tariff viola- and to the Secretary of Transportation, the (1) the Intermodal Surface Transportation tions. Board, insofar as it involves functions trans- Sec. 370. Additional rate and discrimination Interstate Commerce Commission shall termi- ferred to the Transportation Board by this Act; violations. nate. Sec. 371. Interference with railroad car supply. (b) FEDERAL MARITIME COMMISSION.—Effec- and Sec. 372. Record keeping and reporting viola- tive January 1, 1997, the Federal Maritime Com- (2) the Secretary of Transportation, insofar as tions. mission shall terminate. it involves functions transferred to the Secretary Sec. 373. Unlawful disclosure of information. SEC. 102. SAVINGS PROVISIONS. by this Act. Sec. 374. Consolidation, merger, and acquisition (a) IN GENERAL.—All orders, determinations, (b) OTHER REFERENCES.—Any other reference of control. rules, regulations, licenses, and privileges which in any law, regulation, official publication, or Sec. 375. General criminal penalty. are in effect at the time this Act takes effect, other document to the Interstate Commerce Sec. 376. Financial assistance for State projects. shall continue in effect according to their terms, Commission as an agency of the United States Sec. 377. Status of AMTRAK and applicable insofar as they involve regulatory functions to Government shall be treated as a reference to laws. be retained by this Act, until modified, termi- the Transportation Board. Sec. 378. Rail-shipper Transportation Advisory nated, superseded, set aside, or revoked in ac- SEC. 104. TRANSFER OF FUNCTIONS. Council. cordance with law by the Transportation Board (a) TO TRANSPORTATION BOARD.—Except as TITLE IV—MOTOR CARRIER, WATER CAR- (to the extent they involve the functions trans- otherwise provided in this Act and the amend- RIER, BROKER, AND FREIGHT FOR- ferred to the Intermodal Surface Transportation ments made by this Act, those personnel, prop- WARDER TRANSPORTATION Board under this Act) or by the Secretary (to erty, and records employed, used, held, avail- SUBTITLE A—ADDITION OF PART B the extent they involve functions transferred to able, or to be made available in connection with Sec. 401. Enactment of part B of subtitle IV, the Secretary under this Act), or by a court of a function transferred to the Transportation title 49, United States Code. competent jurisdiction, or by operation of law. Board by this Act shall be transferred to the S 17794 CONGRESSIONAL RECORD — SENATE November 29, 1995 Transportation Board for use in connection the item relating thereto in the table of sections thereto in the table of sections of chapter 111 are with the functions transferred, and unexpended of chapter 107 are repealed. repealed. balances of appropriations, allocations, and (14) Section 10711 (relating to effect of certain (36) Section 11110 (relating to household goods other funds of the Interstate Commerce Commis- sections on rail rates and practices) and the carrier operations) and the item relating thereto sion shall also be transferred to the Transpor- item relating thereto in the table of sections of in the table of sections of chapter 111 are re- tation Board. chapter 107 are repealed. pealed. (b) TO SECRETARY.—Except as otherwise pro- (15) Section 10712 (relating to inflation-based (37) Section 11111 (relating to use of citizen vided in this Act and the amendments made by rate increases) and the item relating thereto in band radios on buses) and the item relating this Act, those personnel, property, and records the table of sections of chapter 107 are repealed. thereto in the table of sections of chapter 111 are employed, used, held, available, or to be made (16) Subchapter II (relating to special cir- repealed. available in connection with a function trans- cumstances) of chapter 107 (except for sections (38) Section 11126 (distribution of coal cars) ferred to the Secretary by this Act shall be 10721 and 10730) and the items relating thereto and the item relating thereto in the table of sec- transferred to the Secretary for use in connec- in the table of sections of chapter 107 (except for tions of chapter 111 are repealed. tion with the functions transferred. the subchapter caption and the items relating to (39) Section 11127 (relating to service of house- (c) SEPARATED EMPLOYEES.—Notwithstanding sections 10721 and 10730) are repealed. hold freight forwarders) and the item relating all other laws and regulations, the Department (17) Section 10743 (relating to payment of thereto in the table of sections of chapter 111 are of Transportation shall place all Interstate Com- rates) and the item relating thereto in the table repealed. merce Commission employees separated from the of sections of chapter 107 are repealed. (40) Section 11142 (relating to uniform ac- Commission as a result of this Act on the DOT (18) Section 10746 (relating to transportation counting system for motor carriers) and the item reemployment priority list (competitive service) of commodities manufactured or produced by a relating thereto in the table of sections of chap- or the priority employment list (excepted serv- rail carrier) and the item relating thereto in the ter 111 are repealed. ice). table of sections of chapter 107 are repealed. (41) Section 11161 (relating to railroad ac- SEC. 105. REFERENCES TO THE FMC IN OTHER (19) Section 10748 (relating to transportation counting principles board) and the item relating LAWS. of livestock by rail carrier) and the item relating thereto in the table of sections of chapter 111 are Effective January 1, 1997, reference in any thereto in the table of sections of chapter 107 are repealed. other Federal law to the Federal Maritime Com- repealed. (42) Section 11162 (relating to cost accounting mission shall be deemed to refer to the Transpor- (20) Section 10749 (relating to exchange of principles) and the item relating thereto in the tation Board. services and limitation on use of common car- table of sections of chapter 111 are repealed. riers by household goods freight forwarders) (43) Section 11163 (relating to implementation Subtitle B—Repeal of Obsolete, Etc., and the item relating thereto in the table of sec- of cost accounting principles) and the item re- Provisions tions of chapter 107 are repealed. lating thereto in the table of sections of chapter SEC. 121. REPEAL OF PROVISIONS. (21) Section 10751 (relating to business enter- 111 are repealed. The following provisions are repealed: tainment expenses) and the item relating thereto (44) Section 11164 (relating to certification of (1) Section 10101 (relating to transportation in the table of sections of chapter 107 are re- rail carrier cost accounting systems) and the policy) and the item relating thereto in the table pealed. item relating thereto in the table of sections of of sections of chapter 101 are repealed. (22) Section 10764 (relating to arrangements chapter 111 are repealed. (2) Section 10322 (relating to Commission ac- between carriers) and the item relating thereto (45) Section 11167 (relating to report) and the tion and appellate procedure in nonrail proceed- in the table of sections of chapter 107 are re- item relating thereto in the table of sections of ings) and the item relating thereto in the table pealed. chapter 111 are repealed. of sections of chapter 103 are repealed. (23) Section 10765 (relating to water transpor- (46) Section 11168 (relating to authorization of (3) Section 10326 (relating to limitations in tation under arrangements with certain other appropriations) and the item relating thereto in rulemaking proceedings related to rail carriers) carriers) and the item relating thereto in the the table of sections of chapter 111 are repealed. and the item relating thereto in the table of sec- table of sections of chapter 107 are repealed. (47) Section 11304 (relating to security interest tions of chapter 103 are repealed. (24) Section 10766 (relating to freight for- in certain motor vehicles) and the item relating (4) Section 10327 (relating to Commission ac- warder traffic agreements) and the item relating thereto in the table of sections of chapter 113 are tion and appellate procedure in rail carrier pro- thereto in the table of sections of chapter 107 are repealed. ceedings) and the item relating thereto in the repealed. (48) Section 11321 (relating to limitation on table of sections of chapter 103 are repealed. (25) Section 10767 (relating to billing and col- ownership of certain water carriers) and the (5) Section 10328 (relating to intervention) and lecting practices) and the item relating thereto item relating thereto in the table of sections for the item relating thereto in the table of sections in the table of sections of chapter 107 are re- chapter 113 are repealed. of chapter 103 are repealed. pealed. (49) Section 11323 (relating to limitation on (6) Subchapter III of chapter 103 (relating to (26) Subchapter V of chapter 107 (relating to ownership of other carriers by household goods joint boards) and the items relating thereto in valuation of property) and the items relating freight forwarders) and the item relating thereto the table of sections of such chapter are re- thereto in the table of sections of chapter 107 are in the table of sections for chapter 113 are repealed. repealed. pealed. (7)(A) Subchapter IV of chapter 103 (relating (27)(A) Section 10908 (relating to discontinu- (50) Section 11345a (relating to motor carrier to Rail Services Planning Office) and the items ing or changing interstate train or ferry trans- procedures for consolidation, merger, and acqui- relating thereto in the table of sections of such portation) and the item relating thereto in the sition of control) and the item relating thereto chapter are repealed. table of sections of chapter 109 are repealed. in the table of sections of chapter 113 are re- (B) Section 24505(b) of title 49, United States (B) Subsection (d) of section 24705 of title 49, pealed. Code, is amended to read as follows: United States Code, is repealed. (51) Section 11346 (relating to expedited rail ‘‘(b) OFFER REQUIREMENTS.—A commuter au- (28) Section 10909 (relating to discontinuing or carrier procedures for consolidation, merger, thority making an offer under subsection (a)(2) changing train or ferry transportation in one and acquisition of control) and the item relating of this section shall show that it has obtained State) and the item relating thereto in the table thereto in the table of sections of chapter 113 are access to all rail property necessary to provide of sections of chapter 109 are repealed. repealed. the additional commuter rail passenger trans- (29) Subchapter II (relating to other carriers (52) Section 11349 (relating to temporary oper- portation.’’. and motor carrier brokers) of chapter 109 and ating approval for transactions involving motor (8) Subchapter V of chapter 103 (relating to the items relating thereto in the table of sections and water carriers) and the item relating thereto Office of Rail Public Counsel) and the items re- of chapter 109 are repealed. in the table of sections of chapter 113 are relating thereto in the table of sections of such (30) Section 11102 (relating to classification of pealed. chapter are repealed. carriers) and the item relating thereto in the (53) Section 11350 (relating to responsibility of (9) Section 10502 (relating to express carrier table of sections of chapter 111 are repealed. the Secretary of Transportation in certain transportation) and the item relating thereto in (31) Section 11105 (relating to protective serv- transactions) and the item relating thereto in the table of sections of chapter 105 are repealed. ices) and the item relating thereto in the table of the table of sections of chapter 113 are repealed. (10) Section 10504 (relating to exempt rail mass sections of chapter 111 are repealed. (54) Subchapter IV of chapter 113 (relating to transportation) and the item relating thereto in (32) Section 11106 (relating to identification of financial structure) and the items relating the table of sections of such chapter are re- motor vehicles) and the item relating thereto in thereto in the table of sections of chapter 113 are pealed. the table of sections of chapter 111 are repealed. repealed. (11) Subchapter II, III, and IV of chapter 105 (33) Section 11107 (relating to leased motor ve- (55) Section 11502 (relating to conferences and (relating to freight forwarder service) and the hicles) and the item relating thereto in the table joint hearings with State authorities) and the items relating thereto in the table of sections of of sections of chapter 111 are repealed. item relating thereto in the table of sections of such chapter are repealed. (34) Section 11108 (relating to water carriers chapter 115 are repealed. (12) Section 10705a (relating to joint rate sur- subject to unreasonable discrimination in for- (56) Section 11503a (tax discrimination against charges and cancellations) and the item relating eign transportation) and the item relating there- motor carrier transportation property) and the thereto in the table of sections of chapter 107 are to in the table of sections of chapter 111 are re- item relating thereto in the table of sections of repealed. pealed. chapter 115 are repealed. (13) Section 10710 (relating to elimination of (35) Section 11109 (relating to loading and un- (57) Section 11505 (relating to State action to discrimination against recyclable materials) and loading motor vehicles) and the item relating enjoin carriers from certain actions) and the November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17795 item relating thereto in the table of sections of than 2 of whom shall be members of the same under this paragraph to an officer, employee, or chapter 115 are repealed. political party. Beginning on January 1, 1997, office of the Transportation Board. The Chair- (58) Section 11506 (relating to registration of the Transportation Board shall consist of 5 man shall— motor carriers by a State) and the item relating members, no more than 3 of whom shall be mem- ‘‘(A) appoint and supervise, other than regu- thereto in the table of sections of chapter 115 are bers of the same political party. lar and full time employees in the immediate of- repealed. ‘‘(2) At any given time, at least 2 members of fices of another member, the officers and em- (59) Section 11507 (relating to prison-made the Transportation Board shall be individuals ployees of the Transportation Board, including property governed by State law) and the item re- with professional standing and demonstrated attorneys to provide legal aid and service to the lating thereto in the table of sections of chapter knowledge in the fields of rail or motor trans- Transportation Board and its members, and to 115 are repealed. portation or transportation regulation or agri- represent the Transportation Board in any case (60) Section 11704 (relating to action by a pri- culture, and at least 1 member shall be an indi- in court; vate person to enjoin abandonment of service) vidual with professional or business experience ‘‘(B) appoint the heads of major offices with and the item relating thereto in the table of sec- in the private sector. Effective January 1, 1997, the approval of the Transportation Board; tions of chapter 117 are repealed. at least 2 members shall be individuals with pro- ‘‘(C) distribute Transportation Board business (61) Section 11708 (relating to private enforce- fessional standing and demonstrated knowledge among officers and employees and offices of the ment) and the item relating thereto in the table in the fields of maritime transportation or its Transportation Board; of sections of chapter 117 are repealed. regulation. ‘‘(D) prepare requests for appropriations for (62) Section 11709 (relating to liability for issu- ‘‘(3) The term of each member of the Trans- the Transportation Board and submit those re- ance of securities by certain carriers) and the portation Board shall be 5 years and shall begin quests to the President and Congress with the item relating thereto in the table of sections of when the term of the predecessor of that member prior approval of the Transportation Board; chapter 117 are repealed. ends. An individual appointed to fill a vacancy and (63) Section 11711 (relating to dispute settle- occurring before the expiration of the term for ‘‘(E) supervise the expenditure of funds allo- ment program for household goods carriers) and which the predecessor of that individual was cated by the Transportation Board for major the item relating thereto in the table of sections appointed, shall be appointed for the remainder programs and purposes. of chapter 117 are repealed. of that term. When the term of office of a mem- ‘‘§ 10302. Functions (64) Section 11712 (relating to tariff reconcili- ber ends, the member may continue to serve ‘‘(a) INTERSTATE COMMERCE COMMISSION ation rules for motor common carriers of prop- until a successor is appointed and qualified, but FUNCTIONS.—Except as otherwise provided in erty) and the item relating thereto in the table for a period not to exceed 1 year. The President the Interstate Commerce Commission Sunset Act of sections of chapter 117 are repealed. may remove a member for neglect of duty or of 1995, or the amendments made thereby, the (65) Section 11902a (relating to penalties for malfeasance in office. Transportation Board shall perform all func- violations of rules relating to loading and un- ‘‘(4)(A) On the effective date of this section, tions that, immediately before the effective date loading motor vehicles) and the item relating the members of the Interstate Commerce Com- of such Act, were functions of the Interstate thereto in the table of sections of chapter 119 are mission shall become members of the Transpor- Commerce Commission or were performed by any repealed. tation Board, to serve for a period of time equal officer or employee of the Interstate Commerce (66) Section 11905 (relating to transportation to the remainder of the term for which they were Commission in the capacity as such officer or of passengers without charge) and the item re- originally appointed to the Interstate Commerce employee. lating thereto in the table of sections of chapter Commission. ‘‘(b) FEDERAL MARITIME COMMISSION FUNC- 119 are repealed. ‘‘(B) Effective January 1, 1997, two Federal TIONS.—On January 1, 1997, the Transportation (67) Section 11906 (relating to evasion of regu- Maritime Commission commissioners shall be- Board shall perform all functions that, on that lation of motor carriers and brokers) and the come members of the Board to serve terms expir- date, were functions of the Federal Maritime item relating thereto in the table of sections of ing December 31, 1997, and December 31, 2000. Commission or were performed by any officer or chapter 119 are repealed. The two members shall be selected in order of employee of the Federal Maritime Commission in (68) Section 11908 (relating to abandonment of the expiration date of their Commission term, the capacity as such officer or employee. service by household goods freight forwarders) beginning with the term having the latest expi- ‘‘§ 10303. Administrative provisions and the item relating thereto in the table of sec- ration date; provided, however, that the two ‘‘(a) EXECUTIVE REORGANIZATION.—For pur- tions of chapter 119 are repealed. members added under this subsection may not be poses of chapter 9 of title 5, United States Code, (69) Section 11911 (relating to issuance of se- from the same political party. The longer Board the Transportation Board shall be deemed to be curities, etc.) and the item relating thereto in term shall be filled by the member having the an independent regulatory agency and an es- the table of sections of chapter 119 are repealed. later Federal Maritime Commission term expira- tablishment of the United States Government. (70) Section 11913a (relating to accounting tion date. Effective January 1, 1997, the rights ‘‘(b) OPEN MEETINGS.—For purposes of section principles violations) and the item relating of any Federal Maritime Commission commis- 552b of title 5, United States Code, the Transpor- thereto in the table of sections of chapter 119 are sioner other than those designated under this tation Board shall be deemed to be an agency. repealed. paragraph to remain in office is terminated. ‘‘(c) INDEPENDENCE.—In the performance of (71) Section 11917 (relating to weight-bumping ‘‘(5) No individual may serve as a member of their functions, the members, employees, and in household goods transportation) and the item the Transportation Board for more than 2 terms. other personnel of the Transportation Board relating thereto in the table of sections of chap- In the case of an individual appointed to fill a shall not be responsible to or subject to the su- ter 119 are repealed. vacancy occurring before the expiration of the pervision or direction of any officer, employee, SEC. 122. COVERAGE OF CERTAIN ENTITIES term for which the predecessor of that individ- or agent of any other part of the Department of UNDER OTHER, UNRELATED ACTS ual was appointed, such individual may not be Transportation. NOT AFFECTED. appointed for more than 1 additional term. ‘‘(d) REPRESENTATION BY ATTORNEYS.—Attor- Notwithstanding any provision of this Act, an ‘‘(6) A member of the Transportation Board neys designated by the Chairman of the Trans- entity that is, or is treated as, an employer may not have a pecuniary interest in, hold an portation Board may appear for, and represent under the Railroad Retirement Act, the Railroad official relation to, or own stock in or bonds of, the Transportation Board in, any civil action Unemployment Insurance Act, or the Railroad a carrier providing transportation by any mode brought in connection with any function carried Retirement Tax Act under subtitle IV of title 49, and may not engage in another business, voca- out by the Transportation Board pursuant to United States Code, as in effect on the day be- tion, or employment. this subtitle or as otherwise authorized by law. fore the date of enactment of this Act, shall con- ‘‘(7) A vacancy in the membership of the ‘‘(e) ADMISSION TO PRACTICE.—Subject to sec- tinue to be covered as employers under those Transportation Board does not impair the right tion 500 of title 5, the Transportation Board may Acts. of the remaining members to exercise all of the regulate the admission of individuals to practice powers of the Transportation Board. The Trans- before it and may impose a reasonable admission TITLE II—INTERMODAL SURFACE portation Board may designate a member to act TRANSPORTATION BOARD fee. as Chairman during any period in which there ‘‘(f) BUDGET REQUESTS.—In each annual re- Subtitle A—Organization is no Chairman designated by the President. quest for appropriations by the President, the SEC. 201. AMENDMENT TO SUBCHAPTER I. ‘‘(c) CHAIRMAN.—(1) There shall be at the Secretary of Transportation shall identify the (a) AMENDMENT.—Subchapter I of chapter 103 head of the Transportation Board a Chairman, portion thereof intended for the support of the is amended to read as follows: who shall be designated by the President from Transportation Board and include a statement among the members of the Transportation ‘‘SUBCHAPTER I—ESTABLISHMENT by the Transportation Board— Board. The Transportation Board shall be ad- ‘‘(1) showing the amount requested by the ‘‘§ 10301. Establishment of Transportation ministered under the supervision and direction Transportation Board in its budgetary presen- Board of the Chairman. The Chairman shall receive tation to the Secretary and the Office of Man- ‘‘(a) ESTABLISHMENT.—There is hereby estab- compensation at the rate prescribed for level III agement and Budget; and lished within the Department of Transportation of the Executive Schedule under section 5314 of ‘‘(2) an assessment of the budgetary needs of the Intermodal Surface Transportation Board. title 5. the Transportation Board. ‘‘(b) MEMBERSHIP.—(1) Members of the Trans- ‘‘(2) Subject to the general policies, decisions, ‘‘(g) DIRECT TRANSMITTAL TO CONGRESS.—The portation Board shall be appointed by the Presi- findings, and determinations of the Transpor- Transportation Board shall transmit to Con- dent, by and with the advice and consent of the tation Board the Chairman shall be responsible gress copies of budget estimates, requests, and Senate. The Transportation Board shall consist for administering the Transportation Board. information (including personnel needs), legisla- of 3 members until January 1, 1997, not more The Chairman may delegate the powers granted tive recommendations, prepared testimony for S 17796 CONGRESSIONAL RECORD — SENATE November 29, 1995 congressional hearings, and comments on legis- SEC. 212. COMMISSION ACTION. tation Board shall complete, within 6 months lation at the same time they are sent to the Sec- (a) AMENDMENTS.—Section 10324 is amended— after the date of enactment of this Act, a study retary of Transportation. An officer of an agen- (1) in the section heading, by striking ‘‘Com- on the authority necessary to assess and collect cy may not impose conditions on or impair commission’’ and inserting in lieu thereof ‘‘Trans- fees and annual charges in any fiscal year in munications by the Transportation Board with portation Board’’; amounts equal to all of the costs incurred by the Congress, or a committee or member of Congress, (2) by striking ‘‘Interstate Commerce Commis- Transportation Board in that fiscal year. sion’’ in subsection (a) and inserting in lieu about the information. SEC. 216. FEDERAL HIGHWAY ADMINISTRATION thereof ‘‘Transportation Board’’; RULEMAKING. ‘‘§ 10304. Annual report (3) by striking ‘‘Commission’’ each place it ap- (a) ADVANCE NOTICE.—The Federal Highway ‘‘The Transportation Board shall annually pears in subsection (b) and inserting in lieu transmit to the Congress a report on its activi- Administration shall issue an advance notice of thereof ‘‘Transportation Board’’; proposed rulemaking dealing with a variety of ties.’’. (4) by striking subsection (c); and fatigue-related issues (including 8 hours of con- (b) CONFORMING AMENDMENT.—The items re- (5) by adding at the end the following new lating to subchapter I of chapter 103 in the table subsections: tinuous sleep after 10 hours of driving, loading of sections of such chapter are amended to read ‘‘(c) The Transportation Board may, at any and unloading operations, automated and tam- as follows: time on its own initiative because of material per-proof recording devices, rest and recovery cycles, fatigue and stress in longer combination ‘‘SUBCHAPTER I—ESTABLISHMENT error, new evidence, or substantially changed circumstances— vehicles, fitness for duty, and other appropriate ‘‘Sec. ‘‘(1) reopen a proceeding; regulatory and enforcement countermeasures for ‘‘10301. Establishment of Transportation Board. ‘‘(2) grant rehearing, reargument, or reconsid- reducing fatigue-related incidents and increas- ‘‘10302. Functions. eration of an action of the Transportation ing driver alertness) not later than March 1, ‘‘10303. Administrative provisions. Board; or 1996. ‘‘10304. Annual report.’’. ‘‘(3) change an action of the Transportation (b) RULEMAKING.—The Federal Highway Ad- SEC. 202. ADMINISTRATIVE SUPPORT. Board. ministration shall issue a notice of proposed The Secretary of Transportation shall provide An interested party may petition to reopen and rulemaking dealing with such issues within one administrative support for the Transportation reconsider an action of the Transportation year after the advance notice described in sub- Board. Board under this subsection under regulations section (a) is published, and shall issue a final SEC. 203. REORGANIZATION. of the Transportation Board. rule dealing with those issues within 2 years after that date. The Chairman of the Transportation Board ‘‘(d) Notwithstanding this subtitle, an action may allocate or reallocate any function of the of the Transportation Board under this section SEC. 217. TRANSPORT VEHICLES FOR OFF-ROAD, Transportation Board, consistent with this title is final on the date on which it is served, and COMPETITION VEHICLES. and subchapter I of chapter 103, as amended by a civil action to enforce, enjoin, suspend, or set Section 31111(b)(1) is amended— section 201 of this title, among the members or aside the action may be filed after that date.’’. (1) by striking ‘‘or’’ at the end of subpara- employees of the Transportation Board, and (b) CONFORMING AMENDMENT.—The item re- graph (C); may establish, consolidate, alter, or discontinue lating to section 10324 in the table of sections of (2) by striking the period at the end of sub- in the Transportation Board any organizational chapter 103 is amended by striking ‘‘Commis- paragraph (D) and inserting a semicolon and entities that were entities of the Interstate Com- sion’’ and inserting in lieu thereof ‘‘Transpor- ‘‘or’’; and (3) by adding at the end thereof the following: merce Commission or the Federal Maritime Com- tation Board’’. ‘‘(E) imposes a limitation of less than 46 feet mission, as the Chairman considers necessary or SEC. 213. SERVICE OF NOTICE IN COMMISSION on the distance from the kingpin to the center of appropriate. PROCEEDINGS. (a) AMENDMENTS.—Section 10329 is amended— the rear axle on trailers used exclusively or pri- SEC. 204. TRANSITION PLAN FOR FEDERAL MARI- (1) by striking ‘‘Commission’’ in the section marily in connection with motorsports competi- TIME COMMISSION FUNCTIONS. heading; tion events.’’. The Chairman of the Intermodal Surface (2) by striking ‘‘Interstate Commerce Commis- Transportation Board and the Chairman of the SEC. 218. DESTRUCTION OF MOTOR VEHICLES sion’’ in subsection (a) and inserting in lieu OR MOTOR VEHICLE FACILITIES; Federal Maritime Commission shall meet within thereof ‘‘Transportation Board’’; WRECKING TRAINS. 90 days of enactment of this Act to develop a (3) striking ‘‘(1)’’ in subsection (a) and by (a) DESTRUCTION OF MOTOR VEHICLES OR plan for the orderly transition of the functions striking paragraph (2) of subsection (a); MOTOR VEHICLE FACILITIES.—Section 33 of title of the Federal Maritime Commission to the (4) striking ‘‘subchapter I of’’ in subsection 18, United States Code, is amended by adding at Transportation Board, including appropriate (a); the end the following new undesignated para- funding levels for the operations associated with (5) striking the second sentence in subsection graph: the functions of the Federal Maritime Commis- (b); ‘‘Whoever is convicted of a crime under this sion transferred to the Transportation Board, (6) striking ‘‘(1) in subsection (c) and by strik- section involving a motor vehicle that, at the and shall submit such a plan to the Director of ing paragraphs (2) and (3); time the crime occurred, carried high-level ra- (7) striking ‘‘notices of the Commission shall the Office of Management and Budget and to dioactive waste (as that term is defined in sec- be served as follows: (1) A’’ in subsection (c) and the Senate Committee on Commerce, Science, tion 2(12) of the Nuclear Waste Policy Act of inserting ‘‘a’’; and Transportation and the House of Rep- 1982 (42 U.S.C. 10101(12)), or spent nuclear fuel resentatives Committee on Transportation and (8) by striking ‘‘, express, sleeping car,’’ in subsection (c)(1); (as that term is defined in section 2(23) of the Infrastructure not later than 6 months after the Nuclear Waste Policy Act of 1982 (42 U.S.C. enactment of this Act. (9) by striking ‘‘Secretary of the’’ in subsection (c); 10101(23)), shall be imprisoned for not less than Subtitle B—Administrative (10) in subsection (d)— 30 years.’’. SEC. 211. POWERS. (A) by striking ‘‘, express, sleeping car,’’; and (b) WRECKING TRAINS.—Section 1992 of title Section 10321 is amended— (B) by striking ‘‘who filed the tariff’’; 18, United States Code, is amended— (1) by striking ‘‘Interstate Commerce Commis- (11) by striking subsection (e); and (1) by inserting after the fourth undesignated sion’’ in subsection (a) and inserting in lieu (12) by striking ‘‘Commission’’ each place it paragraph the following: thereof ‘‘Transportation Board’’; appears and inserting in lieu thereof ‘‘Transpor- ‘‘Whoever is convicted of any such crime that (2) striking subsection (b) and inserting the tation Board’’. involved a train that, at the time the crime oc- (b) CONFORMING AMENDMENT.—The item re- following: curred, carried high-level radioactive waste (as lating to section 10329 in the table of sections of ‘‘(b) The Transportation Board may obtain that term is defined in section 2(12) of the Nu- chapter 103 is amended by striking ‘‘Commis- from carriers providing transportation and serv- clear Waste Policy Act of 1982 (42 U.S.C. sion’’. ice subject to this part, and from persons con- 10101(12)), or spent nuclear fuel (as that term is trolling, controlled by, or under common control SEC. 214. SERVICE OF PROCESS IN COURT PRO- defined in section 2(23) of the Nuclear Waste CEEDINGS. with those carriers to the extent that the busi- Policy Act of 1982 (42 U.S.C. 10101(23)), shall be Section 10330 is amended— imprisoned for not less than 30 years.’’. ness of that person is related to the management (1) by striking ‘‘Interstate Commerce Commis- TITLE III—RAIL AND PIPELINE of the business of those carriers, information the sion’’ in subsection (a) and inserting in lieu TRANSPORTATION Transportation Board decides is necessary to thereof ‘‘Transportation Board’’; carry out this part.’’; (2) by striking ‘‘subchapter I of’’ in the first SEC. 301. GENERAL CHANGES IN REFERENCES TO (3) in subsection (c)(1), by striking ‘‘Commis- sentence of subsection (a); COMMISSION, ETC. sion, an individual Commissioner, an employee (3) by striking ‘‘Secretary of the Commission’’ Subtitle IV is amended— board, and an employee delegated to act under in subsection (a) and inserting in lieu thereof (1) by striking ‘‘Interstate Commerce Commis- section 10305 of this title’’ and inserting in lieu ‘‘Transportation Board’’; sion’’ each place it appears (including chapter thereof ‘‘Transportation Board’’; (4) by striking subsection (b); and and section headings) and inserting ‘‘Inter- (4) by striking paragraph (2) of subsection (c); (5) by redesignating subsection (c) as sub- modal Surface Transportation Board’’; (5) by redesignating paragraph (3) of subsection (b). (2) by striking ‘‘Commission’’ each place it ap- section (c) as paragraph (2); and SEC. 215. STUDY ON THE AUTHORITY TO COL- pears in reference to the Interstate Commerce (6) by striking ‘‘Commission’’ each place it ap- LECT CHARGES. Commission (including chapter and section pears and inserting in lieu thereof ‘‘Transpor- In addition to other user fees that the Trans- headings) and inserting ‘‘Transportation tation Board’’. portation Board may impose, the Transpor- Board’’; November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17797 (3) by striking ‘‘Commissioner’’ each place it the transportation is deemed to be subject to the (3) striking ‘‘the jurisdiction of the Commis- appears in reference to a member of the Inter- jurisdiction of the Commission pursuant to sec- sion under either of those subchapters’’ in sub- state Commerce Commission (including chapter tion 11501(b)(4)(B) of this title, or (2)’’ in subsection (b) as so redesignated and inserting ‘‘ju- and section headings) and inserting ‘‘Transpor- section (c); and risdiction either under chapter 105 of this part tation Board member’’; (9) striking ‘‘(b)’’ after ‘‘section 11501’’ in sub- or under part B of this subtitle’’; and (4) by striking ‘‘Commissioners’’ each place it section (d). (4) striking subsections (d) through (f). appears in reference to members of the Inter- SEC. 305. RAILROAD AND WATER TRANSPOR- SEC. 308. STANDARDS FOR RATES FOR RAIL CAR- state Commerce Commission (including chapter TATION CONNECTIONS AND RATES. RIERS. and section headings) and inserting ‘‘Transpor- Section 10503 is amended by— Section 10701a is amended by— tation Board members’’; (1) striking ‘‘passengers or’’ each place it ap- (1) striking ‘‘subchapter I of’’ in subsection (5) by striking ‘‘this subtitle’’ each place it appears in subsection (a)(2); and (a); pears and inserting ‘‘this part’’; (2) striking ‘‘passengers,’’ in subsection (2) striking ‘‘lesser of the percentages de- (6) by inserting ‘‘PART A—RAIL AND PIPELINE (a)(2)(B). scribed in clauses (i) and (ii) of section CARRIERS’’ after ‘‘SUBTITLE IV—INTER- 10707a(e)(2)(A) of this title’’ in subparagraphs SEC. 306. AUTHORITY TO EXEMPT RAIL CARRIER STATE COMMERCE’’; AND MOTOR CARRIER TRANSPOR- (2)(A)(i) and (2)(B)(i) of subsection (b), and in- (7) by inserting before section 10101 the follow- TATION. serting ‘‘percentage described in section ing: Section 10505 is amended by— 10707a(d)(1)’’; and ‘‘PART B—MOTOR CARRIERS, (1) striking ‘‘rail carrier and motor carrier’’ (3) adding at the end of subsection (b) the fol- WATER CARRIERS, BROKERS, from the section heading; lowing: AND FREIGHT FORWARDERS (2) striking subsection (a) and inserting the ‘‘(4)(A) Within 1 year after the date of enact- ‘‘Chapter ‘‘SEC. following: ment of the Interstate Commerce Commission ‘‘131. General provisions ...... 13101 ‘‘(a) In a matter subject to the jurisdiction of Sunset Act of 1995, the Transportation Board ‘‘133. Administrative provisions ... 13301 the Intermodal Surface Transportation Board shall complete the Interstate Commerce Commis- ‘‘135. Jurisdiction ...... 13501 under this chapter, the Transportation Board sion non-coal rate guidelines proceeding pend- ‘‘137. Rates ...... 13701 shall exempt a person, class of persons, or a ing on the date of enactment of the Interstate ‘‘139. Registration ...... 13901 transaction or service from the application of a Commerce Commission Sunset Act of 1995 to es- ‘‘141. Operations of carriers ...... 14101 provision of this title in whole or in part within tablish a simplified and expedited method for ‘‘143. Finance ...... 14301 180 days after the filing of an application for an determining the reasonableness of challenged ‘‘145. Federal-State relations ...... 14501 exemption, when the Transportation Board rail rates in those cases in which a full stand- ‘‘147. Enforcement; investigations; finds that the application of that provision in alone cost presentation is too costly given the rights; remedies ...... 14701 value of the case. ‘‘149. Civil and criminal penalties 14901 whole or in part— ‘‘(1) is not necessary to carry out the trans- ‘‘(B) Within 6 months after that date of enact- ‘‘PART A—RAIL AND PIPELINE CAR- ment, the Transportation Board shall establish RIERS’’. portation policy of section 10101 or section 10101a of this title; and procedures to ensure expeditious handling of SEC. 302. RAIL TRANSPORTATION POLICY. ‘‘(2) either (A) the transaction or service is of challenges to the reasonableness of railroad Section 10101a is amended by— limited scope, or (B) the application of a provi- rates. The procedures shall include appropriate (1) striking ‘‘and’’ after the semicolon in para- sion of this title is not needed to protect shippers measures for avoiding delay in the discovery graph (14); from the abuse of market power.’’; and evidentiary phases of such proceedings and (2) striking the period at the end of paragraph (3) striking subsection (d) and inserting the for ensuring prompt disposition of motions and (15) and inserting a semicolon and ‘‘and’’; and following: interlocutory administrative appeals. (3) adding at the end the following: ‘‘(C) In a proceeding to challenge the reason- ‘‘(d) The Transportation Board shall revoke ‘‘(16) to provide for the expeditious handling ableness of a railroad rate, other than a pro- an exemption in whole or in part, to the extent and resolution of all proceedings required or ceeding arising under section 10707 of this title, that application of a provision of this title to the permitted to be brought under the provisions of the Transportation Board shall make its deter- person, class, or transportation is necessary to this subtitle.’’. mination as to the reasonableness of the chal- carry out the transportation policy of section SEC. 303. DEFINITIONS. lenged rate— 10101a of this title. The Transportation Board ‘‘(i) within 6 months after the close of the ad- Section 10102 is amended by— shall conclude a proceeding under this sub- (1) striking paragraphs (1), (2), (5), (6) (8) ministrative record if the determination is based section within 180 days. In acting upon a re- through (18), (19), (25), (27), and (30) through upon a stand-alone cost presentation, or quest for revocation, the Transportation Board (33); ‘‘(ii) within 3 months after the close of the ad- shall consider the availability of other economic (2) redesignating the remaining paragraphs as ministrative record if the determination is based transportation alternatives, in addition to any paragraphs (1) through (11), respectively; upon the methodology adopted by the Board other competitive factors it deems relevant. If a (3) striking paragraph (2) (as redesignated) pursuant to paragraph (4)(A).’’. request for revocation under this subsection is and inserting: accompanied by a complaint seeking monetary SEC. 309. AUTHORITY FOR CARRIERS TO ESTAB- ‘‘(2) ‘common carrier’ means a pipeline carrier LISH RATES, CLASSIFICATIONS, ETC. damages for a violation of a provision of this and a rail carrier;’’; Section 10702 is amended by— title by a railroad, and the Transportation (4) inserting ‘‘common carrier’’ after ‘‘rail- (1) beginning with ‘‘service,’’ in paragraph (2) Board does not render a final decision on such road’’ in paragraph (6) (as redesignated); of subsection (a) striking all that follows and in- request within 180 days after the filing of the (5) striking ‘‘, fare,’’ in paragraph (8) (as re- serting ‘‘service.’’; and revocation request and complaint, then any designated); (2) striking subsections (b) and (c). (6) striking ‘‘of passengers or property, or monetary damages which the Transportation Board may award at the conclusion of the pro- SEC. 310. AUTHORITY FOR CARRIERS TO ESTAB- both,’’ in paragraph (10)(A) (as redesignated) LISH THROUGH ROUTES. ceeding shall be calculated from no later than and inserting ‘‘of property,’’; and Section 10703 is amended by— the 181st day following the filing of the revoca- (7) striking ‘‘passengers and’’ in paragraph (1) striking ‘‘, express, sleeping car,’’ in para- tion request and complaint if the Transportation (10)(B) (as redesignated). graph (1) of subsection (a); Board finds that such failure to render a final SEC. 304. GENERAL JURISDICTION. (2) striking paragraphs (3) and (4) of sub- decision within 180 days is due in substantial Section 10501 is amended by— section (a); and (1) striking ‘‘Subject to this chapter and other part to dilatory practices of the railroad.’’; (3) replacing ‘‘Commission under subchapter law, the’’ in subsection (a), and inserting (4) striking subsection (f) and inserting the I, II (insofar as motor carriers of property are ‘‘The’’; following: concerned), or III of’’ in subsection (b) with (2) inserting ‘‘of property’’ after ‘‘transpor- ‘‘(f) The Transportation Board may exercise ‘‘Transportation Board under’’. its authority under this section to exempt trans- tation’’ in subsection (a); SEC. 311. AUTHORITY AND CRITERIA FOR PRE- (3) striking ‘‘express carrier, sleeping car car- portation that is provided by a carrier as a part SCRIBED RATES, CLASSIFICATIONS, rier,’’ in subsection (a)(1); of a continuous intermodal movement.’’; and ETC. (4) striking ‘‘passengers or’’ in subsection (5) striking subsection (g) and inserting the Section 10704 is amended by— (b)(1); following: (1) striking ‘‘subchapter I of’’ and ‘‘(including (5) by striking ‘‘or’’ at the end of subsection ‘‘(g) The Transportation Board may not exer- a maximum or minimum rate, or both)’’ in the (b)(1); cise its authority under this section to relieve a first sentence of subsection (a)(1); (6) by striking the period at the end of sub- carrier of its obligation to protect the interests (2) striking ‘‘subchapter’’ in the first sentence section (b)(2) and inserting a semicolon and of employees as required by this part.’’. of subsection (a)(2) and inserting ‘‘chapter’’; ‘‘or’’; SEC. 307. STANDARDS FOR RATES, CLASSIFICA- (3) striking the third sentence of subsection (7) by adding at the end of subsection (b) the TIONS, ETC. (a)(2); following: Section 10701 is amended by— (4) striking paragraph (3) of subsection (a) ‘‘(3) transportation by a commuter authority, (1) redesignating subsection (c) as subsection and redesignating paragraph (4) as (3); as defined in section 24102 of this title, except (b); (5) striking ‘‘within 180 days after the effec- for sections 11103, 11104, and 11503.’’; (2) striking ‘‘subchapter I or III of chapter tive date of the Staggers Rail Act of 1980 and’’ (8) striking ‘‘subchapter’’ in subsection (c) 105’’ in subsection (b) as so redesignated and in- and ‘‘thereafter’’ in subsection (a)(3), as redes- and inserting ‘‘chapter’’ and by striking ‘‘(1) serting ‘‘chapter 105’’; ignated; S 17798 CONGRESSIONAL RECORD — SENATE November 29, 1995 (6) striking subsections (b), (c), (d) and (e); SEC. 315. ZONE OF RAIL CARRIER RATE FLEXIBIL- This subparagraph shall not be construed to (7) redesignating subsection (f) as subsection ITY. change existing law with regard to the (b); Section 10707a is amended by— nonreviewability of such determination.’’. (8) striking ‘‘on its own initiative or’’ in sub- (1) striking ‘‘Commencing with the fourth SEC. 316. INVESTIGATION AND SUSPENSION OF section (b) as redesignated; and quarter of 1980, the’’ in subsection (a)(2)(B) and NEW PIPELINE CARRIER RATES, ETC. (9) striking the last sentence of subsection (b), inserting ‘‘The’’; Section 10708 is amended by— as redesignated. (2) striking ‘‘subchapter I of chapter 105 of (1) striking subsection (a)(1) and inserting the SEC. 312. AUTHORITY FOR PRESCRIBED this title may’’ in subsection (b)(1) and inserting following: THROUGH ROUTES, JOINT CLASSI- ‘‘chapter 105 of this title is authorized to’’; ‘‘(a)(1) The Intermodal Surface Transpor- FICATIONS, ETC. (3) inserting a period after ‘‘involved’’ in tation Board may begin a proceeding to deter- Section 10705 is amended by— paragraph (1) of subsection (b) and striking the mine the lawfulness of a proposed rate, classi- (1) striking ‘‘subchapter I, II (except a motor remainder of the paragraph; fication, rule, or practice on application of an common carrier of property), or III of’’, and (4) striking ‘‘may not’’ in subsection (b)(3) interested party when a new individual or joint ‘‘(including maximum or minimum rates or and inserting ‘‘is not authorized to’’; rate or individual or joint classification, rule, or both)’’ in paragraph (1) of subsection (a); (5) striking ‘‘(A)’’ and ‘‘or (B) inflation based practice affecting a rate is proposed by a pipe- (2) striking paragraph (3) of subsection (a); rate increases under section 10712 of this title line carrier subject to the Transportation (3) striking subsections (b) and (h) and redes- applicable to that rate’’ in subsection (b)(3); Board’s jurisdiction under chapter 105 of this ignating subsections (c) through (g) as sub- (6) striking subsections (c), (d) and (e), redes- part.’’; sections (b) through (f); ignating subsections (f), (g), and (h) as sub- (2) striking ‘‘an express, sleeping car, or’’ in (4) striking ‘‘or (b)’’ and ‘‘, water carrier, or sections (d), (e), and (f), and inserting after sub- the third sentence of subsection (b) and insert- motor common carrier of property’’ in subsection section (b) the following: ing ‘‘a’’; and (b), as redesignated; ‘‘(c) In determining whether a rate is reason- (3) striking subsections (d) through (g). (5) striking ‘‘tariff’’ in subsection (d), as re- able, the Transportation Board shall consider, designated, and inserting ‘‘proposed rate SEC. 317. DETERMINATION OF MARKET DOMI- among other factors, evidence of the following: NANCE. change’’; ‘‘(1) the amount of traffic which is trans- Section 10709 is amended by— (6) striking ‘‘, water common carrier, or motor ported at revenues which do not contribute to (1) adding at the end of subsection (a) the fol- common carrier of property’’ in subsection (d), going concern value and efforts made to mini- lowing: ‘‘In making a determination under this as redesignated; mize such traffic; (7) striking ‘‘or (b)’’ and ‘‘on its own initiative section, the Transportation Board shall consider or’’ in the first sentence of subsection (e)(1) as ‘‘(2) the amount of traffic which contributes the availability of other economic transpor- redesignated; only marginally to fixed costs and the extent to tation alternatives, in addition to any other (8) striking ‘‘if the proceeding is brought on which, if any, rates on such traffic can be competitive factors it deems relevant.’’; complaint or within 18 months after the com- changed to maximize the revenues from such (2) striking ‘‘subchapter I of ’’ in the first sen- mencement of a proceeding on the initiative of traffic; and tence of subsection (b); and the Commission’’ in the second sentence of sub- ‘‘(3) the carrier’s mix of rail traffic to deter- (3) striking subsection (d) and inserting the section (e)(1), as redesignated; and mine whether one commodity is paying an un- following: (9) striking ‘‘subsection (f)’’ in subsection (f), reasonable share of the carrier’s overall reve- ‘‘(d) DETERMINATIONS OF RATE CHALLENGES.— as redesignated, and inserting ‘‘subsection (e)’’. nues.’’; and ‘‘(1) 180 PERCENT SAFE HARBOR.—In making a (7) by striking subsection (d), as redesignated, determination under this section, the Transpor- SEC. 313. ANTITRUST EXEMPTION FOR RATE AGREEMENTS. and inserting the following: tation Board shall find that the rail carrier es- Section 10706 is amended by— ‘‘(d)(1) A finding by the Board that a rate in- tablishing the challenged rate does not have (1) striking subsection (a)(3)(B); crease exceeds the increase authorized under market dominance over the transportation to (2) redesignating paragraphs (3)(C) and (D) of this section does not establish a presumption which the rate applies if such rail carrier proves subsection (a) as paragraphs (3)(B) and (C); that (A) the rail carrier proposing such rate in- that the rate charged results in a revenue-vari- (3) striking ‘‘consider’’ in subsection crease has or does not have market dominance able cost percentage for such transportation (a)(3)(B)(ii)(II), as redesignated, and inserting over the transportation to which the rate ap- that is less than 180 percent. ‘‘considered’’; plies, or (B) the proposed rate exceeds or does ‘‘(2) METHODOLOGY.—For purposes of deter- (4) striking ‘‘subchapter I of’’ in subsection not exceed a reasonable maximum. mining the revenue-variable cost percentage for (a)(5)(A); ‘‘(2)(A) If a rate increase authorized under a particular transportation, variable costs shall (5) striking ‘‘the effective date of the Staggers this section in any year results in a revenue- be determined by using the carrier’s costs, cal- Rail Act of 1980’’ in subsection (a)(5)(C), and in- variable cost percentage for the transportation culated using the Uniform Railroad Costing Sys- serting ‘‘October 1, 1980,’’; to which the rate applies that is equal to or tem (or an alternative cost finding methodology (6) striking subsections (b), (c), and (d) and greater than 20 percentage points above the rev- adopted by the Transportation Board in lieu redesignating subsections (e) through (g) as sub- enue-variable cost percentage applicable under thereof), with use of the current cost of capital sections (b) through (d); section 10709(d) of this title, the Transportation for calculating the return on investment, and (7) striking the first sentence of subsection (c), Board may on complaint of an interested party, indexed quarterly to account for current wage as redesignated, and inserting ‘‘The Transpor- begin an investigation proceeding to determine and price levels in the region in which the car- tation Board may review an agreement ap- whether the proposed rate increase violates this rier operates. proved under subsection (a) of this section and subtitle. ‘‘(3) BURDEN OF PROOF; REBUTTAL.—A rail shall change the conditions of approval or ter- ‘‘(B) In determining whether to investigate or carrier may meet its burden of proof under this minate it when necessary to comply with the not to investigate any proposed rate increase subsection by so establishing its variable costs, public interest.’’; that results in a revenue-variable cost percent- but a shipper may rebut that showing by evi- (8) striking ‘‘subsection (a), (b), or (c) of this age for the transportation to which the rate ap- dence of such type, and in accordance with section.’’ in subsection (d), as redesignated and plies that is equal to or greater than the per- such burden of proof, as the Transportation inserting ‘‘subsection (a).’’; and centage described in subparagraph (A) of this Board may prescribe. (9) striking subsections (h) and (i). paragraph (without regard to whether such rate ‘‘(4) NO PRESUMPTIONS CREATED.—A finding SEC. 314. INVESTIGATION AND SUSPENSION OF increase is authorized under this section), the by the Transportation Board that a rate NEW RAIL RATES, ETC. Transportation Board shall set forth its reasons charged by a rail carrier results in a revenue- Section 10707 is amended by— therefor, giving due consideration to the follow- variable cost percentage for the transportation (1) striking the first sentence of subsection (a) ing factors: to which the rate applies that is equal to or and inserting ‘‘When a new individual or joint ‘‘(i) the amount of traffic which is transported greater than 180 percent does not establish a rate or individual or joint classification, rule, or at revenues which do not contribute to going presumption that— practice related to a rate is proposed by a rail concern value and efforts made to minimize such ‘‘(A) such rail carrier has or does not have carrier providing transportation subject to the traffic; market dominance over such transportation, or jurisdiction of the Intermodal Surface Transpor- ‘‘(ii) the amount of traffic which contributes ‘‘(B) the proposed rate exceeds or does not ex- tation Board under chapter 105 of this title, the only marginally to fixed costs and the extent to ceed a reasonable maximum.’’. Transportation Board may begin a proceeding, which, if any, rates on such traffic can be SEC. 318. CONTRACTS. on complaint of an interested party, to deter- changed to maximize the revenues from such Section 10713 is amended by— mine whether the proposed rate, classification, traffic; and (1) striking ‘‘subchapter I of ’’ in the first sen- rule, or practice violates this part.’’; ‘‘(iii) the impact of the proposed rate or rate tence of subsection (a); (2) striking subsection (d)(3) and redesignat- increase on the attainment of the national en- (2) striking subsection (b)(1) and inserting the ing subsection (d)(4) as (d)(3); ergy goals and the rail transportation policy following: (3) striking ‘‘or section 10761’’ in subsection under section 10101a of this title, taking into ac- ‘‘(b)(1) A summary of each contract for the (d)(3), as redesignated; and count the railroads’ role as a primary source of transportation of agricultural products, includ- (4) striking ‘‘the Commission shall, by rule, es- energy transportation and the need for a sound ing grain as defined in section 3 of the United tablish standards and procedures permitting a rail transportation system in accordance with States Grain Standards Act (7 U.S.C. 75) and rail carrier to ’’ in subsection (d)(3), as redesig- the revenue adequacy goals of section 10704 of products thereof, entered into under this section nated, and inserting ‘‘a rail carrier may’’. this title. shall be filed with the Transportation Board, November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17799 containing such nonconfidential information as (2) striking ‘‘either of those subchapters.’’ and Board shall prescribe the form and manner of the Transportation Board prescribes. The inserting ‘‘Part A or B of this subtitle.’’. publishing, keeping open, furnishing to the pub- Transportation Board shall publish special rules SEC. 323. LIABILITY FOR PAYMENT OF RATES. lic, and retaining for public inspection tariffs for such contracts in order to assure that the es- Section 10744 is amended by— under this section. The Transportation Board sential terms of the contract are available to the (1) striking ‘‘, motor, or water common’’ in the may prescribe specific charges to be identified in general public. The parties to any such contract first sentence of subsection (a)(1); a tariff required under this section to be pub- shall supply a copy of the full contract to the (2) striking ‘‘or express’’ in the first sentence lished, kept open, furnished to the public, or re- Transportation Board upon request.’’; of subsection (b); tained for public inspection, but those tariffs (3) striking ‘‘in tariff format’’ in subpara- (3) striking ‘‘subtitle’’ in the first sentence of must identify plainly— graphs (A) and (C) of subsection (b)(2); subsections (a)(1) and (b) and inserting ‘‘part’’; ‘‘(A) the places between which property will (4) striking subsection (b)(2)(D); (4) striking paragraph (2) of subsection (c) be transported; (5) striking ‘‘other than a contract for the and renumbering paragraph (3) as paragraph ‘‘(B) privileges given and facilities allowed; transportation of agricultural commodities (in- (2); and and cluding forest products and paper),’’ in sub- (5) striking ‘‘or express’’ in subsection (c)(2), ‘‘(C) any rules that change, affect, or deter- section (d)(2)(A) and inserting ‘‘for the trans- as redesignated. mine any part of the published rate. portation of agricultural commodities,’’; SEC. 324. CONTINUOUS CARRIAGE OF FREIGHT. ‘‘(2) A joint tariff published by a carrier under (6) strike ‘‘only’’ in (d)(2)(A)(i); Section 10745 is amended by striking ‘‘sub- this section shall identify the carriers that are (7) striking ‘‘the case of a contract for the chapter I of ’’. parties to it. transportation of agricultural commodities (in- ‘‘(c)(1) When a carrier proposes to change a cluding forest products and paper), in’’ in sub- SEC. 325. TRANSPORTATION SERVICES OR FACILI- TIES FURNISHED BY SHIPPER. rate for transportation subject to this section, or section (d)(2)(B); Section 10747 is amended by— a classification, rule, or practice related to such (8) inserting ‘‘of agricultural commodities’’ (1) striking the first and second sentences and rate, the carrier shall publish, transmit, and after ‘‘filed by a shipper’’ in subsection inserting the following: ‘‘A carrier providing keep open for public inspection a notice of the (d)(2)(B); transportation or service subject to the jurisdic- proposed change as required under subsections (9) striking the last sentence of subsection tion of the Intermodal Surface Transportation (a) and (b) of this section. (d)(2)(B); (10) striking ‘‘A contract that is approved by Board under chapter 105 of this title may estab- ‘‘(2) A notice published under this subsection the Commission’’ in subsection (i)(1) and insert- lish a charge or allowance for transportation or shall plainly identify the proposed change or ing ‘‘In any contract entered into after the ef- service for property when the owner of the prop- new or reduced rate and indicate its proposed fective date of the Interstate Commerce Commis- erty, directly or indirectly, furnishes a service effective date. A proposed rate change resulting sion Sunset Act of 1995, if the shipper in writing related to or an instrumentality used in the in an increased rate or a new rate shall not be- expressly waives all rights and remedies under transportation or service. The Transportation come effective for 20 days after the notice is this part for the transportation covered by the Board may prescribe the maximum reasonable published and a proposed rate change resulting contract, a contract entered into’’; charge or allowance paid for such service or in- in a reduced rate shall not become effective for (11) striking subsections (l) and (m); and strumentality furnished.’’; and 1 day after the notice is published, except that (12) striking ‘‘(including forest products but (2) striking ‘‘on its own initiative or’’ in the a contract authorized under section 10713 of this not including wood pulp, wood chips, pulpwood last sentence. title shall become effective in accordance with or paper)’’ in subsection (i)(1). SEC. 326. DEMURRAGE CHARGES. the provisions of such section. SEC. 319. GOVERNMENT TRAFFIC. Section 10750 is amended by striking ‘‘sub- ‘‘(d) The Transportation Board may reduce The text of section 10721 is amended to read as chapter I of ’’. the notice period of subsection (c) of this section follows: SEC. 327. TRANSPORTATION PROHIBITED WITH- if cause exists. The Transportation Board may ‘‘A carrier providing transportation or service OUT TARIFF. change the other requirements of this section if for the United States Government may transport Section 10761 is amended to read as follows: cause exists in particular instances or as they property or individuals for the United States ‘‘§ 10761. Transportation of agricultural prod- apply to special circumstances. Government without charge or at a rate reduced ucts prohibited without tariff ‘‘(e) Acting in response to a complaint or on its own motion, the Transportation Board may from the applicable commercial rate. Section ‘‘Except when providing transportation by reject a tariff published under this section if 3709 of the Revised Statutes (41 U.S.C. 5) does contract as provided in this subtitle, a carrier that tariff violates this section or a regulation of not apply when transportation for the United providing transportation of agricultural prod- the Transportation Board carrying out this sec- States Government can be obtained from a car- ucts, including grain as defined in section 3 of tion.’’. rier lawfully operating in the area where the the United States Grain Standards Act (7 U.S.C. transportation would be provided.’’. 75) and products thereof, and fertilizer and com- SEC. 329. DESIGNATION OF CERTAIN ROUTES. SEC. 320. RATES AND LIABILITY BASED ON ponents thereof, subject to the jurisdiction of Section 10763 is amended by striking ‘‘sub- VALUE. the Intermodal Surface Transportation Board chapter I of ’’ in subsection (a)(1). Section 10730 is amended by— under chapter 105 of this title shall provide that SEC. 330. AUTHORIZING CONSTRUCTION AND OP- (1) striking subsections (a) and (b); transportation only if the rate for the transpor- ERATION OF RAILROAD LINES. (2) striking ‘‘(c)’’; tation is contained in a tariff that is in effect Section 10901 is amended by— (3) striking ‘‘rail carrier’’ and inserting ‘‘car- under this subchapter. A carrier subject to this (1) striking ‘‘subchapter I of ’’ in subsection rier’’; and subsection may not charge or receive a different (a); and (4) striking ‘‘subchapter I of ’’. compensation for that transportation than the (2) adding at the end the following new sub- SEC. 321. PROHIBITIONS AGAINST DISCRIMINA- rate specified in the tariff whether by returning section: TION BY COMMON CARRIERS. a part of that rate to a person, giving a person ‘‘(f) SPECIAL RULE FOR NON-CLASS I TRANS- Section 10741 is amended by— a privilege, allowing the use of a facility that ACTIONS.—For all transactions involving Class (1) striking ‘‘subchapter I of ’’ in subsection affects the value of that transportation, or an- II freight rail carriers, Class III freight rail car- (a); other device.’’. riers and non-carriers, that are not owned or (2) striking subsection (c) and inserting the SEC. 328. GENERAL ELIMINATION OF TARIFF FIL- controlled by a Class I rail carrier and that are following: ING REQUIREMENTS. not a commuter, switching or terminal railroad, ‘‘(c) A carrier providing transportation subject Section 10762 is amended to read as follows: which propose to acquire, construct, operate, or to the jurisdiction of the Transportation Board provide transportation over a railroad line pur- under chapter 105 of this title may not subject a ‘‘§ 10762. General elimination of tariff filing suant to this section, the Transportation Board freight forwarder providing service subject to ju- requirements may, consistent with the public interest, require risdiction under part B of this subtitle to unrea- ‘‘(a) Except as provided in section 10713 of an arrangement for the protection of the interest sonable discrimination whether or not the this title, a carrier providing transportation of of railroad employees who are adversely affected freight forwarder is controlled by that carrier.’’; agricultural products including grain as defined by the transaction not to exceed one year’s sal- (3) striking ‘‘subchapter I of ’’ in subsection in section 3 of the United States Grain Stand- ary per adversely affected employee and protec- (e); ards Act (7 U.S.C. 75) and products thereof, and (4) striking subsection (f)(1) and inserting the fertilizer and components thereof, subject to the tion no less than required by sections 2 through following: ‘‘(1) contracts under section 10713 of jurisdiction of the Intermodal Surface Transpor- 5 of the Worker Adjustment and Retraining Act, this title;’’; tation Board under chapter 105 of this title shall unless the adversely affected employees or their (5) striking paragraphs (2), (3), and (5) of sub- publish, keep open and retain for public inspec- representatives and the parties to the trans- section (f) and redesignating paragraph (4) as tion, and immediately furnish to an entity reaction agree otherwise.’’. paragraph (2); and questing the same, tariffs containing its rates SEC. 331. AUTHORIZING ACTION TO PROVIDE FA- (6) striking ‘‘paragraphs (2), (3), and (4)’’ in for the transportation of such commodities and CILITIES. subsection (f) and inserting ‘‘paragraph (2)’’. its classifications, rules, and practices related to Section 10902 is amended by striking ‘‘sub- SEC. 322. FACILITIES FOR INTERCHANGE OF such rates. Tariffs are not required for any chapter I of ’’ in the first sentence. TRAFFIC. other commodity. SEC. 332. AUTHORIZING ABANDONMENT AND DIS- Section 10742 is amended by— ‘‘(b)(1) Within 180 days after the enactment of CONTINUANCE. (1) striking ‘‘subchapter I or III of ’’ and the Interstate Commerce Commission Sunset Act Section 10903 is amended by striking ‘‘sub- ‘‘passengers and’’; and of 1995, the Intermodal Surface Transportation chapter I of ’’ in subsection (a). S 17800 CONGRESSIONAL RECORD — SENATE November 29, 1995 SEC. 333. FILING AND PROCEDURE FOR APPLICA- (3) striking ‘‘, 11127,’’ in subsection (b); and ‘‘(c) The Transportation Board shall collect, TIONS TO ABANDON OR DIS- (4) adding at the end the following: maintain and keep open for public inspection a CONTINUE. ‘‘(c) The Transportation Board shall consult, railway equipment register consistent with the Section 10904 is amended by— as it deems necessary, with the National Grain manner and format maintained at the time of (1) striking ‘‘subchapter I of ’’ in subsection Car Council on matters within the charter of enactment of the Interstate Commerce Commis- (a)(2); that body.’’. sion Sunset Act of 1995. (2) striking subsection (d)(2); SEC. 340. REROUTING TRAFFIC ON FAILURE OF ‘‘(d) A mortgage, lease, equipment trust agree- (3) striking ‘‘(1)’’ in subsection (d); and RAIL CARRIER TO SERVE PUBLIC. ment, conditional sales agreement, or other in- (4) striking ‘‘the application was approved by Section 11124 is amended by striking ‘‘sub- strument evidencing the mortgage, lease, condi- the Secretary of Transportation as part of a chapter I of ’’ in subsection (a). tional sale, or bailment of or security interest in plan or proposal under section 333(a)–(d) of this SEC. 341. DIRECTED RAIL TRANSPORTATION. railroad cars, locomotives, or other rolling stock, title, or’’ in subsection (e)(3). Section 11125 is amended by striking ‘‘sub- or accessories used on such railroad cars, loco- SEC. 334. EXCEPTIONS. chapter I of ’’ in subsection (a). motives, or other rolling stock (including super- Section 10907 is amended by striking ‘‘sub- SEC. 342. WAR EMERGENCIES; EMBARGOES. structures and racks), or any assignment there- chapter I of ’’ in subsection (a). Section 11128 is amended by— of, which— SEC. 335. RAILROAD DEVELOPMENT. (1) striking ‘‘sections 11123(a)(4) and ‘‘(1) is duly constituted under the laws of a Section 10910 is amended by— 11127(a)(1)(C)’’ and inserting ‘‘section 11123(a)’’ country other than the United States; and (1) striking paragraph (2) of subsection (a) in subsection (a)(1); and ‘‘(2) relates to property that bears the report- and inserting the following: (2) striking ‘‘subchapter I of ’’ in subsection ing marks and identification numbers of any ‘‘(2) ‘railroad line’ means any line of rail- (a)(2). person domiciled in or corporation organized road.’’; SEC. 343. DEFINITIONS FOR SUBCHAPTER III. under the laws of such country, (2) striking ‘‘the effective date of the Staggers Section 11141 is amended to read as follows: shall be recognized with the same effect as having been filed under this section. Rail Act of 1980’’ in subsection (g)(2), and in- ‘‘§ 11141. Definitions serting ‘‘October 1, 1980,’’; and ‘‘(e) Interests with respect to which documents (3) striking subsection (k) and inserting the ‘‘In this subchapter— are filed or recognized under this section are ‘‘(1) ‘carrier’ and ‘lessor’ include a receiver or following: deemed perfected in all jurisdictions, and shall trustee of a carrier and lessor respectively. ‘‘(k) The Transportation Board shall maintain be governed by applicable State or foreign law ‘‘(2) ‘lessor’ means a person owning a railroad such regulations and procedures as may be nec- in all matters not specifically governed by this or a pipeline that is leased to and operated by essary to carry out the provisions of this sec- section.’’. a carrier providing transportation subject to the tion.’’. jurisdiction of the Intermodal Surface Transpor- SEC. 350. RESTRICTIONS ON OFFICERS AND DI- RECTORS. SEC. 336. PROVIDING TRANSPORTATION, SERV- tation Board under chapter 105 of this title. Section 11322 is amended by— ICE, AND RATES. ‘‘(3) ‘association’ means an organization (1) redesignating subsections (a) and (b) as Section 11101 is amended to read as follows: maintained by or in the interest of a group of subsections (b) and (c), respectively; ‘‘§ 11101. Providing transportation, service, carriers providing transportation or service sub- (2) inserting before subsection (b), as redesig- and rates ject to the jurisdiction of the Intermodal Surface nated, the following: ‘‘(a) A carrier providing transportation or Transportation Board that performs a service, ‘‘(a) In this section ‘‘carrier’’ means a rail service subject to the jurisdiction of the Inter- or engages in activities, related to transpor- carrier providing transportation subject to the modal Surface Transportation Board under tation under this part.’’. jurisdiction of the Intermodal Surface Transpor- chapter 105 of this title shall provide the trans- SEC. 344. DEPRECIATION CHARGES. tation Board under chapter 105 of this title (ex- portation or service on reasonable request. Section 11143 is amended by— cept a street, suburban, or interurban electric ‘‘(b) Notwithstanding any other provision of (1) striking ‘‘subchapter I or III of ’’; and railway not operated as a part of a general rail- this title, a rail carrier providing transportation (2) striking ‘‘and may, for a class of carriers road system of transportation), and a corpora- service subject to the jurisdiction of the Trans- providing transportation subject to its jurisdiction organized to provide transportation by rail portation Board under chapter 105 of this title tion under subchapter II of that chapter,’’. carrier subject to that chapter.’’; shall provide, on reasonable written request, SEC. 345. RECORDS, ETC. (3) striking ‘‘as defined in section 11301(a)(1) common carrier rates and other common carrier Section 11144 is amended by— of this title’’ in subsection (b) as redesignated; service terms of the type requested for specified (1) striking ‘‘, brokers,’’ in subsection (a)(1); and services between specified points. The response (2) striking ‘‘or express’’ and ‘‘subchapter I (4) striking ‘‘subsection (a)’’ and inserting by a rail carrier to a request for such rates or of ’’ in subsection (a)(2); ‘‘subsection (b)’’ in subsection (c), as redesig- other service terms shall be in writing, or shall (3) striking ‘‘, broker,’’ in subsection (b)(1); nated. be available electronically, and forwarded to the (4) striking ‘‘broker,’’ in subsection (b)(2)(A); SEC. 351. LIMITATION ON POOLING AND DIVISION requesting person no later than 30 days after re- (5) striking ‘‘or express’’ in subsection OF TRANSPORTATION OR EARNINGS. ceipt of the request. A rail carrier shall not (b)(2)(C); Section 11342 is amended by— refuse to respond to a reasonable request under (6) redesignating subsection (d) as subsection (1) striking ‘‘subchapter I, II, or III of’’ in the this subsection on grounds that the movement at (c); and first sentence of subsection (a); issue is subject at the time a request is made to (7) striking ‘‘brokers,’’ in subsection (c), as re- (2) striking ‘‘Except as provided in subsection a contract entered into under section 10713 of designated. (b) for agreements or combinations between or this title. SEC. 346. REPORTS BY CARRIERS, LESSORS, AND among motor common carriers of property, the’’ ‘‘(c) Common carrier rates and service terms ASSOCIATIONS. in the second sentence of subsection (a) and in- provided pursuant to subsection (b) of this sec- Section 11145 is amended by— serting ‘‘The’’; and tion shall be subject to the provisions of this (1) striking ‘‘brokers,’’ in subsection (a)(1); (3) striking subsections (b) and (d) and redes- title. (2) striking ‘‘or express,’’ in subsection (a)(2); ignating subsections (c) and (e) as subsections ‘‘(d) A rail carrier may not increase any com- (3) striking ‘‘broker,’’ in the first sentence of (b) and (c), respectively. mon carrier rates, or change any common car- subsection (b)(1); (4) striking the second sentence of subsection SEC. 352. CONSOLIDATION, MERGER, AND ACQUI- rier service terms, provided pursuant to sub- SITION OF CONTROL. (b)(1); and section (b) unless at least 20 days’ written or Section 11343 is amended by— (5) striking subsection (c). electronic notice is first provided to the person (1) inserting ‘‘(except a pipeline carrier)’’ after that, within the previous 12 months, made a SEC. 347. ACCOUNTING AND COST REPORTING. ‘‘involving carriers’’ in subsection (a); written or electronic request for the issue rate or Section 11166 is amended by— (2) striking ‘‘subchapter I (except a pipeline service. Any such increases or changes shall be (1) striking ‘‘subchapter I of’’ in the first sen- carrier), II, or III of’’ in subsection (a); subject to provisions of this subtitle.’’. tence of subsection (a); (3) striking paragraph (1) of subsection (d) (2) striking the third sentence of subsection SEC. 337. USE OF TERMINAL FACILITIES. and striking ‘‘(2)’’ in paragraph (2); and (a); and (4) striking subsection (e). Section 11103 is amended by striking ‘‘sub- (3) striking ‘‘the cost accounting principles es- chapter I of ’’ in subsection (a). SEC. 353. GENERAL PROCEDURE AND CONDI- tablished by the Transportation Board or under TIONS OF APPROVAL FOR CONSOLI- SEC. 338. SWITCH CONNECTIONS AND TRACKS. generally accepted accounting principles or the DATION, ETC. Section 11104 is amended by striking ‘‘sub- requirements of the Securities and Exchange Section 11344 is amended by— chapter I of ’’ in subsection (a). Commission’’ in subsection (b) and inserting (1) striking the third sentence in subsection SEC. 339. CRITERIA. ‘‘the appropriate cost accounting principles’’. (a); Section 11121 is amended by— SEC. 348. SECURITIES, OBLIGATIONS, AND LIABIL- (2) striking ‘‘subchapter I of that chapter’’ in (1) striking ‘‘subchapter I of ’’ in subsection ITIES. the last sentence of subsection (a) and inserting (a)(1); Section 11301(a)(1) is amended by— ‘‘chapter 105’’; (2) striking subsection (a)(2) and inserting the (1) striking ‘‘or sleeping car’’; and (3) striking paragraph (2) of subsection (b) following: (2) striking ‘‘subchapter I of’’. and striking ‘‘(1)’’ in the first paragraph of sub- ‘‘(2) The Transportation Board may require a SEC. 349. EQUIPMENT TRUSTS. section (b); rail carrier to file its car service rules with the Section 11303 is amended by adding at the end (4) striking ‘‘transaction.’’ at the end of the Transportation Board.’’; thereof the following: second sentence of subsection (c) and inserting November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17801 ‘‘transaction, including the divestiture of par- (2) striking the third sentence of subsection (1) striking ‘‘(a)(1)’’ in subsection (a) and in- allel tracks or requiring the granting of trackage (a); serting ‘‘(a)’’; rights and access to other facilities. Any track- (3) striking the first 2 sentences of subsection (2) striking paragraph (2) of subsection (a); age rights and related conditions imposed to al- (b) and inserting the following: ‘‘A person, in- (3) striking ‘‘subchapter I, II, or IV of’’ and leviate anticompetitive effects of the transaction cluding a governmental authority, may file with ‘‘and a freight forwarder’’ in the first sentence shall provide for operating terms and compensa- the Transportation Board a complaint about a of subsection (a), as amended; tion levels to ensure that such effects are allevi- violation of this part by a carrier providing (4) striking ‘‘or freight forwarder’’ in the sec- ated.’’; transportation or service subject to the jurisdic- ond sentence of subsection (a), as amended; (5) striking the fourth sentence of subsection tion of the Transportation Board under this (5) striking ‘‘subchapter I, II, or IV’’ in the (c); part. The complaint must state the facts that second sentence of subsection (a), as amended, (6) striking ‘‘When a rail carrier is involved in are the subject of the violation.’’; and and inserting ‘‘chapter 105 or subject to jurisdic- the transaction, the’’ in the last sentence of sub- (4) striking ‘‘subchapter I of’’ in the last sen- tion under part B of this subtitle’’; section (c) and inserting ‘‘The’’; tence of subsection (b). (6) striking ‘‘, except in the case of a freight (7) striking the last two sentences of sub- SEC. 361. ENFORCEMENT. forwarder,’’ in the third sentence of subsection section (d); and Section 11702 is amended by— (a), as amended; (8) striking subsection (e). (1) striking ‘‘(a)’’ in subsection (a); (7) striking ‘‘diverted under a tariff filed SEC. 354. RAIL CARRIER PROCEDURE FOR CON- (2) striking paragraphs (4) through (6) of sub- under subchapter IV of chapter 107 of this SOLIDATION, ETC. section (a); title.’’ in the third sentence of subsection (a), as Section 11345 is amended by— (3) striking ‘‘or 10933’’ in paragraph (1); amended, and inserting ‘‘diverted.’’; (1) striking ‘‘subchapter I of’’ in the first sen- (4) striking paragraph (2) and inserting the (8) striking ‘‘or freight forwarder’’ in the tence of subsection (a); following: fourth sentence of subsection (a); (2) inserting ‘‘, including comments by the ‘‘(2) to enforce subchapter III of chapter 113 (9) striking ‘‘and freight forwarder’’ in sub- Secretary of Transportation and the Attorney of this title and to compel compliance with an section (c)(1), and striking ‘‘filed with the Com- General,’’ before ‘‘may be filed’’ in the first sen- order of the Transportation Board under that mission’’; tence of subsection (c)(1); subchapter; and’’ (10) striking paragraph (3) of subsection (c) (3) striking the last two sentences of sub- (5) striking ‘‘subchapter I of’’ in paragraph and redesignating paragraph (4) as paragraph section (c)(1); (3); (3); (4) inserting ‘‘, including comments by the (6) striking the semicolon at the end of para- (11) striking ‘‘or freight forwarder’’ wherever Secretary of Transportation and the Attorney graph (3) and inserting a period; and it appears in subsection (e); and General,’’ before ‘‘may be filed’’ in the first sen- (7) striking subsection (b). (12) striking ‘‘or freight forwarder’s’’ in sub- tence of subsection (d)(1); and SEC. 362. ATTORNEY GENERAL ENFORCEMENT. section (e)(2). (5) striking the last two sentences of sub- Section 11703 is amended by striking ‘‘or per- (b) The index for chapter 117 is amended by section (d)(1). mit’’ wherever it appears in subsection (a). striking out the item relating to section 11707 SEC. 355. EMPLOYEE PROTECTIVE ARRANGE- SEC. 363. RIGHTS AND REMEDIES. and inserting in lieu thereof the following: MENTS. Section 11705 is amended by— ‘‘Sec. 11707. Liability of Carriers under receipts Section 11347 is amended by striking ‘‘or sec- (1) striking ‘‘or a freight forwarder’’ in sub- and bills of lading.’’. tion 11346’’ in the first sentence. section (a); SEC. 366. LIABILITY WHEN PROPERTY IS DELIV- SEC. 356. AUTHORITY OVER NONCARRIER (2) striking subsection (b)(1) and inserting the ERED IN VIOLATION OF ROUTING IN- ACQUIRERS. following: STRUCTIONS. Section 11348(a) is amended by striking all ‘‘(b)(1) A carrier providing transportation or Section 11710 is amended by striking ‘‘sub- after the colon and inserting ‘‘sections 504(f) service subject to the jurisdiction of the Trans- chapter I of’’ in subsection (a)(1). and 10764, subchapter III of chapter 111, and portation Board under chapter 105 of this title is SEC. 367. GENERAL CIVIL PENALTIES. sections 11301, 11901(e), and 11909.’’. liable to a person for amounts charged that ex- Section 11901 is amended by: SEC. 357. AUTHORITY OVER INTRASTATE TRANS- ceed the applicable rate for the transportation (1) striking ‘‘subchapter I of’’ in subsection PORTATION. or service.’’; (a) and subsection (b); Section 11501 is amended by— (3) striking ‘‘subparagraph I or III of’’ in sub- (2) striking subsection (c) and subsections (g) (1) striking subsections (a), (e), (g) and (h) section ((b)(2); through (l), and redesignating subsections (d) and redesignating subsections (b), (c), (d), and (4) striking subsection (b)(3); through (f) as (c) through (e), respectively, and (5) striking ‘‘subchapter I or III of’’ in the (f) as subsections (a), (b), (c) and (d), respec- subsection (m) as (f); first sentence of subsection (c)(1); tively; (3) striking ‘‘11127’’ in subsection (d), as re- (6) striking the second sentence of subsection (2) striking paragraphs (2) through (6) of sub- designated; (c)(1); section (a), as redesignated; (4) striking ‘‘(1)’’ in subsection (d), as redesig- (7) striking ‘‘subchapter I or III of’’ in the sec- (3) striking ‘‘(1)’’ and ‘‘subchapter I of’’ in nated, and striking paragraph (2) of that sub- ond sentence of subsection (c)(2); subsection (a), as redesignated; (8) striking ‘‘subchapter I or III of’’ in the section; (4) striking ‘‘subchapter I of’’ in subsection (5) striking ‘‘subchapter I of’’ each place it first sentence of subsection (d)(1); and (b), as redesignated; (9) striking ‘‘, or (D) if a water carrier, in appears in subsection (e), as redesignated; (5) striking ‘‘subchapter I of’’ in subsection which a port of call on a route operated by that (6) striking ‘‘(1)’’ in subsection (f), as redesig- (c)(1), as redesignated; carrier is located’’ and inserting ‘‘or’’ before nated, and striking paragraph (2) of that sub- (6) striking ‘‘subsection (a) of this section ‘‘(C)’’ in the fourth sentence of subsection section; and and’’ in subsection (c)(2), as redesignated; and (d)(1). (7) striking ‘‘subsections (a)-(f) of’’ in sub- (7) striking the first sentence of subsection (d), section (f), as redesignated. as redesignated, and inserting the following: SEC. 364. LIMITATION ON ACTIONS. Section 11706 is amended by— SEC. 368. CIVIL PENALTY FOR ACCEPTING RE- ‘‘The Transportation Board may take action BATES FROM COMMON CARRIER. (1) striking subsection (a) and inserting the under this section only after a full hearing.’’. following: Section 11902 is amended by striking ‘‘con- SEC. 358. TAX DISCRIMINATION AGAINST RAIL ‘‘(a) A carrier providing transportation or tained in a tariff filed with the Commission TRANSPORTATION PROPERTY. service subject to the jurisdiction of the Inter- under subchapter IV of chapter 107 of this Section 11503 is amended by— modal Surface Transportation Board under title’’. (1) striking ‘‘subchapter I of’’ in subsection chapter 105 of this title must begin a civil action SEC. 369. RATE, DISCRIMINATION, AND TARIFF (a)(3); and to recover charges for the transportation or VIOLATIONS. (2) striking ‘‘subchapter I of’’ in subsection service provided by the carrier within 3 years Section 11903 is amended by striking ‘‘under (b)(4). after the claim accrues.’’; chapter 107 of this title’’ in subsection (a). SEC. 359. WITHHOLDING STATE AND LOCAL IN- (2) striking the first sentence of subsection (b) SEC. 370. ADDITIONAL RATE AND DISCRIMINA- COME TAX BY CERTAIN CARRIERS. and inserting ‘‘A person must begin a civil ac- TION VIOLATIONS. Section 11504 is amended by— tion to recover overcharges under section Section 11904 is amended by— (1) striking ‘‘subchapter I of’’ in subsection 11705(b)(1) of this title within 3 years after the (1) striking subsections (b) through (d); (a); claim accrues.’’; (2) striking ‘‘(a)(1)’’ in subsection (a) and in- (2) striking subsections (b) and (c) and redes- (3) striking ‘‘subchapter I or III of’’ in the last serting ‘‘(a)’’; ignating subsection (d) as subsection (b); and sentence of subsection (b); (3) redesignating paragraphs (2) and (3) of (3) striking ‘‘, motor, and motor private’’ and (4) striking ‘‘(1)’’ in subsection (c); subsection (a) as subsections (b) and (c), respec- ‘‘subsection (a) or (b) of’’ in subsection (b), as (5) striking paragraph (2) of subsection (c); tively; redesignated. and (4) striking ‘‘(A)’’ and ‘‘(B)’’ in subsection (b), SEC. 360. GENERAL AUTHORITY FOR ENFORCE- (6) striking ‘‘(c)(1)’’ in the second sentence of as redesignated, and inserting ‘‘(1)’’ and ‘‘(2)’’, MENT, INVESTIGATIONS, ETC. subsection (d) and inserting ‘‘(c)’’. respectively; Section 11701 is amended by— SEC. 365. LIABILITY OF COMMON CARRIERS (5) striking ‘‘subchapter I of’’ in subsections (1) striking ‘‘, broker or freight forwarder’’ in UNDER RECEIPTS AND BILLS OF (b) and (c), as redesignated; and the second and fourth sentences of subsection LADING. (6) striking ‘under chapter 107 of this title’’ in (a); (a) Section 11707 is amended by— subsection (b), as redesignated. S 17802 CONGRESSIONAL RECORD — SENATE November 29, 1995 SEC. 371. INTERFERENCE WITH RAILROAD CAR Council deliberations. Of the remaining mem- such personnel, information, services, or facili- SUPPLY. bers— ties, on a compensated or uncompensated basis, Section 11907 is amended by striking ‘‘sub- ‘‘(A) 3 shall be from Class I railroads; and as he or she determines necessary to carry out chapter I of’’ in subsections (a) and (b). ‘‘(B) 3 shall be from large shipper organiza- the functions of the Council; SEC. 372. RECORD KEEPING AND REPORTING VIO- tions (as determined by the Chairman). ‘‘(2) each Federal department or agency may, LATIONS. ‘‘(4) The Secretary of Transportation and the in their discretion, furnish the Council with Section 11909 is amended by— members of the Transportation Board shall serve such information, services, and facilities as the (1) striking subsections (b) through (d); as ex officio members of the Council. The Coun- Council Chairman may request to the extent (2) striking ‘‘subchapter I of’’ in subsection cil shall not be subject to the Federal Advisory permitted by law and within the limits of avail- (a); and Committee Act. A list of the members appointed able funds; and (3) striking ‘‘(a)’’ in subsection (a). to the Council shall be forwarded to the Chair- ‘‘(3) Federal agencies and departments may, SEC. 373. UNLAWFUL DISCLOSURE OF INFORMA- men and ranking members of the Senate Com- in their discretion, detail to temporary duty TION. mittee on Commerce, Science, and Transpor- with the Council, such personnel as the Council Section 11910 is amended by— tation and the House Committee on Transpor- Chairman may request for carrying out the (1) striking paragraphs (2) through (4) of sub- tation and Infrastructure. functions of the Council, each such detail to be section (a); ‘‘(5) Each ex officio member of the Council without loss of seniority, pay, or other employee (2) striking ‘‘(a)(1)’’ in subsection (a) and in- may designate an alternate, who shall serve as status. serting ‘‘(a)’’; a member of the Council whenever the ex officio ‘‘(e) MEETINGS.—The Council shall meet at (3) striking ‘‘(A)’’ and ‘‘(B)’’ in subsection (a) member is unable to attend a meeting of the least semi-annually and shall hold such other and inserting ‘‘(1) and ‘‘(2)’’, respectively; Council. Any such designated alternate shall be meetings as deemed prudent by and at the call (4) striking ‘‘subchapter I of’’ in subsections selected from individuals who exercise signifi- of the Council Chairman. Appropriate federal (a) and (d); and cant decision-making authority in the Federal facilities, where available, may be used for such (5) striking ‘‘or broker’’ in subsection (b). agency involved. meetings. Whenever the Council, or a committee SEC. 374. CONSOLIDATION, MERGER, AND ACQUI- ‘‘(b) TERM OF OFFICE.—The members of the of the Council, considers matters that affect the SITION OF CONTROL. Council shall be appointed for a term of office of jurisdictional interests of Federal agencies that Section 11912 is amended by striking out three years, except that of the members first ap- are not represented on the Council, the Council ‘‘11346,’’. pointed— Chairman may invite the heads of such agen- SEC. 375. GENERAL CRIMINAL PENALTY. ‘‘(1) 5 members shall be appointed for terms of cies, or their alternates, to participate in the de- Section 11914 is amended by— 1 year, and liberations of the Council. ‘‘(2) 5 members shall be appointed for terms of (1) striking subsections (b) through (d); ‘‘(f) FUNCTIONS AND DUTIES; ANNUAL RE- 2 years, (2) striking ‘‘(a)’’ in subsection (a); PORT.—The Council shall advise the Secretary, (3) striking ‘‘subchapter I of’’ in the first sen- as designated by the Chairman at the time of Chairman, and relevant Congressional transpor- tence; and appointment. Any member appointed to fill a tation policy oversight committees with respect (4) striking ‘‘11321(a) or’’ in the last sentence. vacancy occurring before the expiration of the to rail transportation policy issues it deems sig- SEC. 376. FINANCIAL ASSISTANCE FOR STATE term for which the member’s predecessor was ap- nificant, with particular attention to issues of PROJECTS. pointed shall be appointed only for the remain- importance to small shippers and small rail- Section 22101 is amended by striking ‘‘sub- der of such term. A member may serve after the roads, including car supply, rates, competition, chapter I of’’ in the first sentence of subsection expiration of his term until his successor has and effective procedures for addressing legiti- (a). taken office. Vacancies on the Council shall be mate shipper and other claims. To the extent the SEC. 377. STATUS OF AMTRAK AND APPLICABLE filled in the same manner in which the original Council addresses specific grain car issues, it LAWS. appointments were made. No member of the shall coordinate such activities with the Grain Section 24301 is amended by striking ‘‘sub- Council shall be eligible to serve in excess of two Car Council. The Secretary and Chairman shall chapter I of’’ in subsections (c)(2)(B) and (d). consecutive terms. work in cooperation with the Council to provide SEC. 378. RAIL-SHIPPER TRANSPORTATION ADVI- ‘‘(c) ELECTION AND DUTIES OF OFFICERS.—The research, technical and other reasonable sup- SORY COUNCIL. Council Chairman and Vice Chairman and port in developing any documents provided for (a) ESTABLISHMENT.—Chapter 103 is amended other appropriate officers of the Council shall be hereby. The Council shall endeavor to develop by adding at the end thereof the following: elected by and from the voting members of the within the private sector mechanisms to prevent Council. The Council Chairman shall serve as or identify and effectively address obstacles to ‘‘SUBCHAPTER VI. RAIL—SHIPPER the Council’s executive officer and shall direct TRANSPORTATION ADVISORY COUNCIL the most effective and efficient transportation the administration of the Council, assign officer system practicable. The Council shall prepare § 10391. Rail—Shipper Transportation Advi- and committee duties, and shall be responsible an annual report concerning its activities and sory Council for issuing and communicating the reports, pol- the results of Council efforts to resolve industry ‘‘(a) ESTABLISHMENT; MEMBERSHIP.—There is icy positions and statements of the Council. In issues within the Council structure in lieu of established the Rail-Shipper Transportation Ad- the event that the Council Chairman is unable seeking regulatory or legislative relief, and pro- visory Council (hereinafter in this section re- to serve, the Vice Chairman shall act as Council pose whatever regulatory or legislative relief it ferred to as the ‘‘Council’’) to be composed of 15 Chairman. deems appropriate in the event such efforts are members appointed by the Chairman of the ‘‘(d) EXPENSES.—The members of the Council unsuccessful. The Council shall include therein Transportation Board, after recommendation shall receive no compensation for their services such recommendations as it deems appropriate from carriers and shippers, within 60 days after as such, but upon request by the Council Chair- with respect to the performance of the Secretary the date of enactment of the Interstate Com- man, based on a showing of significant eco- and Chairman under this chapter, and with re- merce Commission Sunset Act of 1995. The mem- nomic burden, the Secretary of Transportation spect to the operation and effectiveness of meet- bers of the Council shall be appointed as fol- or the Chairman may provide reasonable and ings and industry developments relating to the lows: necessary travel expenses for such individual Council’s efforts, and such other information as ‘‘(1) The members of the Council shall be ap- Council members from Department or Transpor- it deems appropriate. Such annual reports shall pointed from among citizens of the United States tation Board funding sources in order to foster be reviewed by the Secretary and Chairman, who are not regular full-time employees of the balanced representation on the Council. Upon and shall include the Secretary’s and Chair- United States and shall be selected for appoint- request by the Council Chairman, the Secretary man’s views or comments relating to the accu- ment so as to provide as nearly as practicable a or Chairman may but is not required to pay the racy of information therein, Council efforts and broad representation of the various segments of reasonable and necessary expenses incurred by reasonableness of Council positions and actions the rail and rail shipper industry. the Council in connection with the coordination and any other aspects of the Council’s work as ‘‘(2) Nine of the members shall be appointed of Council activities, announcement and report- they may deem appropriate. The Council may from senior executive officers of organizations ing of meetings, and preparation of such Coun- prepare other reports or develop policy state- engaged in the railroad and rail shipping indus- cil documents as are required or permitted by ments as the Council deems appropriate. Each try, which 9 members shall be the voting mem- this Act. However, prior to making any funding annual report shall cover a fiscal year and shall bers of the Council. Council action and Council requests the Council Chairman shall undertake be submitted to the Secretary and Chairman on positions shall be determined by a majority vote best efforts to fund such activities privately un- or before the thirty-first day of December follow- of the members or by a majority vote of a less he or she reasonably feels such private ing the close of the fiscal year. Other such re- quorum thereof. A majority of such voting mem- funding would create irreconcilable conflicts or ports and statements may be communicated as bers shall constitute a quorum. Of such 9 voting the appearance thereof, or is otherwise imprac- the Council deems appropriate.’’. members— tical. The Council Chairman shall not request (b) CONFORMING AMENDMENT.—The table of ‘‘(A) at least 4 shall be representative of small funding from any federal agency unless he or subchapters for chapter 103 is amended by add- shippers (as determined by the Chairman); and she provides written justification as to why pri- ing at the end thereof the following: ‘‘(B) at least 4 shall be representative of small vate funding would create such conflict or ap- railroads (Class II or III). pearance, or is otherwise impractical. To enable ‘‘SUBCHAPTER VI. RAIL AND SHIPPER ‘‘(3) The remaining 6 members of the Council the Council to carry out its functions— TRANSPORTATION ADVISORY COUNCIL shall serve in a non-voting advisory capacity ‘‘(1) the Council Chairman may request di- ‘‘10391. Rail and shipper advisory council.’’. only, but shall be entitled to participate in rectly from any Federal department or agency November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17803 TITLE IV—MOTOR CARRIER, WATER CAR- for sale, negotiates for, or holds itself out by so- part of the stock, equipment, or supply of such RIER, BROKER, AND FREIGHT FOR- licitation, advertisement, or otherwise as selling, stores, offices, museums, institutions, hospitals, WARDER TRANSPORTATION providing, or arranging for, transportation by or other establishments and similar property; ex- Subtitle A—Addition of Part B motor carrier for compensation. cept that this subparagraph shall not be con- ‘‘(2) ‘carrier’ means a motor carrier, a water strued to include the stock-in-trade of any es- SEC. 401. ENACTMENT OF PART B OF SUBTITLE IV, TITLE 49, UNITED STATES CODE. carrier, and a freight forwarder, and, for pur- tablishment, whether consignor or consignee, Subtitle IV is amended by inserting after poses of sections 13902, 13905, and 13906, the other than used furniture and used fixtures, ex- chapter 119 the following: term includes foreign motor private carriers; cept when transported as incidental to moving ‘‘(3) ‘contract carriage’ means— of the establishment, or a portion thereof, from ‘‘PART B—MOTOR CARRIERS, WATER CARRIERS, ‘‘(A) for transportation provided before the one location to another; and BROKERS, AND FREIGHT FORWARDERS date of enactment of the Interstate Commerce ‘‘(C) articles, including objects of art, dis- ‘‘CHAPTER 131—GENERAL PROVISIONS Commission Sunset Act of 1995, service provided plays, and exhibits, which because of their un- ‘‘§ 13101. Transportation policy pursuant to a permit issued under former sec- usual nature or value require the specialized ‘‘(a) To ensure the development, coordination, tion 10923 of this subtitle; and handling and equipment usually employed in and preservation of a transportation system ‘‘(B) for transportation provided on or after moving household goods and similar articles; ex- that meets the transportation needs of the Unit- that date, service provided under an agreement cept that this subparagraph shall not be con- ed States, including the United States Postal entered into under section 14101(b) of this part; strued to include any article, whether crated or Service and national defense, it is the policy of ‘‘(4) ‘‘control’’, when referring to a relation- uncrated, which does not, because of its un- the United States Government to provide for the ship between persons, includes actual control, usual nature or value, require the specialized impartial regulation of the modes of transpor- legal control, and the power to exercise control, handling and equipment usually employed in tation , and— through or by (A) common directors, officers, moving household goods; ‘‘(1) in regulating those modes— stockholders, a voting trust, or a holding or in- ‘‘(10) ‘household goods freight forwarder’ ‘‘(A) to recognize and preserve the inherent vestment company, or (B) any other means; means a freight forwarder of one or more of the advantage of each mode of transportation; ‘‘(5) ‘foreign motor carrier’ means a person following items: household goods, unaccom- ‘‘(B) to promote safe, adequate, economical, (including a motor carrier of property but ex- panied baggage, or used automobiles; and efficient transportation; cluding a motor private carrier)— ‘‘(A)(i) which is domiciled in a contiguous for- ‘‘(11) ‘motor carrier’ means a person providing ‘‘(C) to encourage sound economic conditions motor vehicle transportation for compensation, in transportation, including sound economic eign country; or ‘‘(ii) which is owned or controlled by persons including foreign motor carriers; conditions among carriers; ‘‘(12) ‘motor private carrier’ means a person, ‘‘(D) to encourage the establishment and of a contiguous foreign country and is not domiciled in the United States; and other than a motor carrier, transporting prop- maintenance of reasonable rates for transpor- erty by motor vehicle when— tation, without unreasonable discrimination or ‘‘(B) in the case of a person which is not a ‘‘(A) the transportation is as provided in sec- unfair or destructive competitive practices; motor carrier of property, which provides inter- tion 13501 of this title; ‘‘(E) to cooperate with each State and the of- state transportation of property by motor vehi- ficials of each State on transportation matters; cle under an agreement or contract entered into ‘‘(B) the person is the owner, lessee, or bailee and with a motor carrier of property (other than a of the property being transported; and ‘‘(F) to encourage fair wages and working motor private carrier or a motor carrier of prop- ‘‘(C) the property is being transported for sale, conditions in the transportation industry; erty described in subparagraph (A)); lease, rent, or bailment, or to further a commer- ‘‘(2) in regulating transportation by motor ‘‘(6) ‘foreign motor private carrier’ means a cial enterprise; carrier, to promote competitive and efficient person (including a motor private carrier but ex- ‘‘(13) ‘motor vehicle’ means a vehicle, ma- transportation services in order to (A) encour- cluding a motor carrier of property)— chine, tractor, trailer, or semitrailer propelled or age fair competition, and reasonable rates for ‘‘(A)(i) which is domiciled in a contiguous for- drawn by mechanical power and used on a transportation by motor carriers of property; (B) eign country; or highway in transportation, or a combination de- promote Federal regulatory efficiency in the ‘‘(ii) which is owned or controlled by persons termined by the Secretary, but does not include motor carrier transportation system and to re- of a contiguous foreign country and is not domi- a vehicle, locomotive, or car operated only on a quire fair and expeditious regulatory decisions ciled in the United States; and rail, or a trolley bus operated by electric power when regulation is required; (C) meet the needs ‘‘(B) in the case of a person which is not a from a fixed overhead wire, and providing local of shippers, receivers, passengers, and consum- motor private carrier, which provides interstate passenger transportation similar to street-rail- ers; (D) allow a variety of quality and price op- transportation of property by motor vehicle way service; tions to meet changing market demands and the under an agreement or contract entered into ‘‘(14) ‘non-contiguous domestic trade’ means diverse requirements of the shipping and travel- with a person (other than a motor carrier of motor-water transportation subject to jurisdic- ing public; (E) allow the most productive use of property or a motor private carrier described in tion under chapter 135 of this title involving equipment and energy resources; (F) enable effi- subparagraph (A)); traffic originating in or destined to Alaska, Ha- ‘‘(7) ‘freight forwarder’ means a person hold- cient and well-managed carriers to earn ade- waii, or a territory or possession of the United ing itself out to the general public (other than quate profits, attract capital, and maintain fair States; as a pipeline, rail, motor, or water carrier) to wages and working conditions; (G) provide and ‘‘(15) ‘person’, in addition to its meaning provide transportation of property for com- maintain service to small communities and small under section 1 of title 1, includes a trustee, re- pensation and in the ordinary course of its busi- shippers and intrastate bus services; (H) provide ceiver, assignee, or personal representative of a ness— and maintain commuter bus operations; (I) im- person; ‘‘(A) assembles and consolidates, or provides prove and maintain a sound, safe, and competi- for assembling and consolidating, shipments and ‘‘(16) ‘State’ means a State of the United tive privately owned motor carrier system; (J) performs or provides for break-bulk and dis- States and the District of Columbia; promote greater participation by minorities in tribution operations of the shipments; ‘‘(17) ‘transportation’ includes— the motor carrier system; and (K) promote inter- ‘‘(B) assumes responsibility for the transpor- ‘‘(A) a motor vehicle, vessel, warehouse, modal transportation; tation from the place of receipt to the place of wharf, pier, dock, yard, property, facility, in- ‘‘(3) in regulating transportation by motor destination; and strumentality, or equipment of any kind related carrier of passengers (A) to cooperate with the ‘‘(C) uses for any part of the transportation a to the movement of passengers or property, or States on transportation matters for the purpose carrier subject to jurisdiction under part A or both, regardless of ownership or an agreement of encouraging the States to exercise intrastate part B of this subtitle; but the term does not in- concerning use; and regulatory jurisdiction in accordance with the clude a person using transportation of an air ‘‘(B) services related to that movement, in- objectives of this part; (B) to provide Federal carrier subject to part A of subtitle VII of this cluding arranging for, receipt, delivery, ele- procedures which ensure that intrastate regula- title; vation, transfer in transit, refrigeration, icing, tion is exercised in accordance with this part; ‘‘(8) ‘highway’ means a road, highway, street, ventilation, storage, packing, unpacking, and and (C) to ensure that Federal reform initiatives and way in a State; interchange of passengers and property; enacted by section 31138 of this title and the Bus ‘‘(9) ‘household goods’ means— ‘‘(18) ‘United States’ means the States of the Regulatory Reform Act of 1995 of 1982 are not ‘‘(A) personal effects and property used or to United States and the District of Columbia; nullified by State regulatory actions; and be used in a dwelling when a part of the equip- ‘‘(4) in regulating transportation by water ‘‘(19) ‘vessel’ means a watercraft or other arti- ment or supply of such dwelling and similar carrier, to encourage and promote service and ficial contrivance that is used, is capable of property, whether the transportation is— price competition in the non-contiguous domes- being used, or is intended to be used, as a means ‘‘(i) requested and paid for by the house- tic trade. of transportation by water; and holder, including transportation of property ‘‘(b) This part shall be administered and en- ‘‘(20) ‘water carrier’ means a person providing from a factory or store when the property is forced to carry out the policy of this section. water transportation for compensation. purchased by the householder with intent to use ‘‘§ 13102. Definitions in his dwelling; or ‘‘§ 13103. Remedies are cumulative ‘‘In this part— ‘‘(ii) arranged and paid for by another party; ‘‘Except as otherwise provided in this part, ‘‘(1) ‘broker’ means a person, other than a ‘‘(B) furniture, fixtures, equipment, and the the remedies provided under this part are in ad- motor carrier or an employee or agent of a motor property of stores, offices, museums, institu- dition to remedies existing under another law or carrier, that as a principal or agent sells, offers tions, hospitals or other establishments when a at common law. S 17804 CONGRESSIONAL RECORD — SENATE November 29, 1995 ‘‘CHAPTER 133—ADMINISTRATIVE tunity to intervene and participate in, a pro- Board has jurisdiction to impose a requirement PROVISIONS ceeding under this part related to transportation over conduct of the motor carrier in the foreign ‘‘§ 13301. Powers subject to jurisdiction under subchapter I of country conflicting with a requirement of that ‘‘(a) Except as otherwise specified, the Sec- chapter 135 of this title shall be given to inter- country; but retary of Transportation shall carry out this ested persons. ‘‘(2) the motor carrier, as a condition of pro- part. Enumeration of a power of the Secretary ‘‘§ 13303. Service of notice in proceedings viding transportation in the United States, shall in this part does not exclude another power the under this part comply, with respect to all transportation provided between Alaska and the other State, with Secretary may have in carrying out this part. ‘‘(a) A motor carrier, a broker, or a freight the requirements of this part related to rates The Secretary may prescribe regulations in car- forwarder providing transportation or service and practices applicable to the transportation. rying out this part. subject to jurisdiction under chapter 135 of this ‘‘(b) The Secretary may obtain from carriers title shall designate in writing an agent by name ‘‘§ 13503. Exempt motor vehicle transportation providing, and brokers for, transportation and and post office address on whom service of no- in terminal areas service subject to this part, and from persons tices in a proceeding before, and of actions of, ‘‘(a)(1) Neither the Secretary of Transpor- controlling, controlled by, or under common the Secretary may be made. tation nor the Intermodal Surface Transpor- control with those carriers or brokers to the ex- ‘‘(b) A notice to a motor carrier, broker, or tation Board has jurisdiction under this sub- tent that the business of that person is related freight forwarder is served personally or by mail chapter over transportation by motor vehicle to the management of the business of that car- on the motor carrier, broker, or freight for- provided in a terminal area when the transpor- rier or broker, information the Secretary decides warder or on its designated agent. Service by tation— is necessary to carry out this part. mail on the designated agent is made at the ad- ‘‘(A) is a transfer, collection, or delivery; ‘‘(c)(1) The Secretary may subpena witnesses dress filed for the agent. When notice is given ‘‘(B) is provided by— and records related to a proceeding under this by mail, the date of mailing is considered to be ‘‘(i) a rail carrier subject to jurisdiction under part from any place in the United States, to the the time when the notice is served. If a motor chapter 105 of this title; designated place of the proceeding. If a witness carrier, broker, or freight forwarder does not ‘‘(ii) a water carrier subject to jurisdiction disobeys a subpena, the Secretary, or a party to have a designated agent, service may be made under subchapter II of this chapter; or a proceeding under this part, may petition a by posting a copy of the notice at the head- ‘‘(iii) a freight forwarder subject to jurisdic- court of the United States to enforce that sub- quarters of the Department of Transportation. tion under subchapter III of this chapter; and pena. ‘‘(C) is incidental to transportation or service ‘‘(2) The district courts of the United States ‘‘§ 13304. Service of process in court proceed- provided by the carrier or freight forwarder that have jurisdiction to enforce a subpena issued ings is subject to jurisdiction under chapter 105 of under this section. Trial is in the district in ‘‘(a) A motor carrier or broker providing this title or under subchapter II or III of this which the proceeding is conducted. The court transportation subject to jurisdiction under chapter. may punish a refusal to obey a subpena as a chapter 135 of this title, including a motor car- ‘‘(2) Transportation exempt from jurisdiction contempt of court. rier or broker operating within the United States under paragraph (1) of this subsection is subject ‘‘(d)(1) In a proceeding under this part, the while providing transportation between places to jurisdiction under chapter 105 of this title Secretary may take the testimony of a witness in a foreign country or between a place in one when provided by such a rail carrier, under sub- by deposition and may order the witness to foreign country and a place in another foreign chapter II of this chapter when provided by produce records. A party to a proceeding pend- country, shall designate an agent in each State such a water carrier, and under subchapter III ing under this part may take the testimony of a in which it operates by name and post office ad- of this chapter when provided by such a freight witness by deposition and may require the wit- dress on whom process issued by a court with forwarder. ness to produce records at any time after a pro- subject matter jurisdiction may be served in an ‘‘(b)(1) Except to the extent provided by para- ceeding is at issue on petition and answer. action brought against that carrier or broker. graph (2) of this subsection, neither the Sec- ‘‘(2) If a witness fails to be deposed or to The designation shall be in writing and filed retary nor the Transportation Board has juris- produce records under paragraph (1) of this sub- with the Department of Transportation and diction under this subchapter over transpor- section, the Secretary may subpena the witness each State may require that an additional des- tation by motor vehicle provided in a terminal to take a deposition, produce the records, or ignation be filed with it. If a designation under area when the transportation— both. this subsection is not made, service may be made ‘‘(A) is a transfer, collection, or delivery; and ‘‘(3) A deposition may be taken before a judge on any agent of the carrier or broker within ‘‘(B) is provided by a person as an agent or of a court of the United States, a United States that State. under other arrangement for— magistrate judge, a clerk of a district court, or ‘‘(b) A designation under this section may be ‘‘(i) a rail carrier subject to jurisdiction under a chancellor, justice, or judge of a supreme or changed at any time in the same manner as chapter 105 of this title; superior court, mayor or chief magistrate of a originally made. ‘‘(ii) a motor carrier subject to jurisdiction city, judge of a county court, or court of com- ‘‘CHAPTER 135—JURISDICTION under this subchapter; mon pleas of any State, or a notary public who ‘‘(iii) a water carrier subject to jurisdiction ‘‘SUBCHAPTER I—MOTOR CARRIER is not counsel or attorney of a party or inter- under subchapter II of this chapter; or TRANSPORTATION ested in the proceeding. ‘‘(iv) a freight forwarder subject to jurisdic- ‘‘(4) Before taking a deposition, reasonable ‘‘§ 13501. General jurisdiction tion under subchapter III of this chapter. notice must be given in writing by the party or ‘‘The Secretary of Transportation and the ‘‘(2) Transportation exempt from jurisdiction the attorney of that party proposing to take a Intermodal Surface Transportation Board have under paragraph (1) of this subsection is consid- deposition to the opposing party or the attorney jurisdiction, as specified in this part, over trans- ered transportation provided by the carrier or of record of that party, whoever is nearest. The portation by motor carrier and the procurement service provided by the freight forwarder for notice shall state the name of the witness and of that transportation, to the extent that pas- whom the transportation was provided and is the time and place of taking the deposition. sengers, property, or both, are transported by subject to jurisdiction under chapter 105 of this ‘‘(5) The testimony of a person deposed under motor carrier— title when provided for such a rail carrier, this subsection shall be taken under oath. The ‘‘(1) between a place in— under this subchapter when provided for such a person taking the deposition shall prepare, or ‘‘(A) a State and a place in another State; motor carrier, under subchapter II of this chap- cause to be prepared, a transcript of the testi- ‘‘(B) a State and another place in the same ter when provided for such a water carrier, and mony taken. The transcript shall be subscribed State through another State; under subchapter III of this chapter when pro- by the deponent. ‘‘(C) the United States and a place in a terri- vided for such a freight forwarder. ‘‘(6) The testimony of a witness who is in a tory or possession of the United States to the ex- ‘‘§ 13504. Exempt motor carrier transportation foreign country may be taken by deposition be- tent the transportation is in the United States; entirely in one State fore an officer or person designated by the Sec- ‘‘(D) the United States and another place in ‘‘Neither the Secretary of Transportation nor retary or agreed on by the parties by written the United States through a foreign country to the Intermodal Surface Transportation Board stipulation filed with the Secretary. A deposi- the extent the transportation is in the United has jurisdiction under this subchapter over tion shall be filed with the Secretary promptly. States; or ‘‘(e) Each witness summoned before the Sec- ‘‘(E) the United States and a place in a for- transportation, except transportation of house- retary or whose deposition is taken under this eign country to the extent the transportation is hold goods, by a motor carrier operating solely section and the individual taking the deposition in the United States; and within the State of Hawaii. The State of Hawaii are entitled to the same fees and mileage paid ‘‘(2) in a reservation under the exclusive juris- may regulate transportation exempt from juris- for those services in the courts of the United diction of the United States or on a public high- diction under this section and, to the extent pro- States. way. vided by a motor carrier operating solely within the State of Hawaii, transportation exempt ‘‘(f) For those provisions of this part that are ‘‘§ 13502. Exempt transportation between Alas- under section 13503 of this title. specified to be carried out by the Intermodal ka and other States Surface Transportation Board, the Transpor- ‘‘To the extent that transportation by a motor ‘‘SUBCHAPTER II—WATER CARRIER tation Board shall have the same powers as the carrier between a place in Alaska and a place in TRANSPORTATION Secretary has under this section. another State under section 13501 of this title is ‘‘§ 13521. General jurisdiction ‘‘§ 13302. Intervention provided in a foreign country— ‘‘(a) GENERAL RULES.—The Transportation ‘‘Under regulations of the Secretary of Trans- ‘‘(1) neither the Secretary of Transportation Board has jurisdiction over transportation inso- portation, reasonable notice of, and an oppor- nor the Intermodal Surface Transportation far as water carriers are concerned— November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17805 ‘‘(1) by water carrier between a place in a 13102(9)(A), the Secretary or the Transportation be, by the percentage change in the Producers State and a place in another State, even if part Board shall also consider whether the exemption Price Index, as published by the Department of of the transportation is outside the United will be consistent with the transportation policy Labor, that has occurred during the most recent States; set forth in section 13101 of this title and will 1-year period before the date the rate or division ‘‘(2) by water carrier and motor carrier from a not be detrimental to the interests of individual in question first took effect. place in a State to a place in another State, ex- shippers. ‘‘(3) The Transportation Board shall deter- cept that if part of the transportation is outside ‘‘(b) The Secretary or Transportation Board, mine whether any rate or division of a carrier or the United States, the Secretary only has juris- as applicable, may, where appropriate, begin a service in the non-contiguous domestic trade diction over that part of the transportation pro- proceeding under this section on the Secretary’s which is not within the range described in para- vided— or Transportation Board’s own initiative or on graph (1) is reasonable if a complaint is filed ‘‘(A) by motor carrier that is in the United application by an interested party. under subsection (c) of this section or section States; and ‘‘(c) The Secretary or Transportation Board, 13702(f)(5). ‘‘(B) by water carrier that is from a place in as applicable, may specify the period of time ‘‘(4) The Transportation Board, upon a find- the United States to another place in the United during which an exemption granted under this ing of violation of subsection (a) or this section, States; and section is effective. shall award reparations to the complaining ‘‘(3) by water carrier or by water carrier and ‘‘(d) The Secretary or Transportation Board, shipper or shippers in an amount equal to all motor carrier between a place in the United as applicable, may revoke an exemption, to the sums assessed and collected that exceed the de- States and a place outside the United States, to extent specified, on finding that application of a termined reasonable rate, division, rate struc- the extent that— provision of this title to the person, class, or ture or tariff. The Transportation Board, upon ‘‘(A) when the transportation is by motor car- transportation is necessary to carry out the complaint from any governmental agency or au- rier, the transportation is provided in the Unit- transportation policy of section 13101 of this thority, shall, upon a finding or violation of ed States; title. subsection (a) of this section, make such orders ‘‘(B) when the transportation is by water car- ‘‘(e) This exemption authority may not be as are just and shall require the carrier to re- rier to a place outside the United States, the used to relieve a person (except a person that turn, to the extent practicable, to shippers all transportation is provided by water carrier from would have been covered by a statutory exemp- sums, plus interest, which the Board finds to a place in the United States to another place in tion under subchapter II or IV of chapter 105 of have been assessed and collected in violation of the United States before transshipment from a this title that was repealed by the Interstate such subsections. place in the United States to a place outside the Commerce Commission Sunset Act of 1995) from ‘‘(e) Any proceeding with respect to any tar- United States; and the application of, and compliance with, any iff, rate charge, classification, rule, regulation ‘‘(C) when the transportation is by water car- law, rule, regulation, standard, or order per- or service that was pending before the Federal rier from a place outside the United States, the taining to cargo loss and damage; insurance; or Maritime Commission shall continue to be heard transportation is provided by water carrier from safety fitness. until completion or issuance of a final order a place in the United States to another place in ‘‘(f) The Secretary or Transportation Board, thereon under all applicable laws in effect as of the United States after transshipment to a place as applicable, is prohibited from regulating or that date. in the United States from a place outside the exercising jurisdiction over the transportation ‘‘§ 13702. Tariff requirement for certain trans- United States. by water carrier in the non-contiguous domestic portation ‘‘(b) DEFINITIONS.—In this section, the terms trade of any cargo or type of cargo or service ‘‘(a) A carrier subject to jurisdiction under ‘State’ and ‘United States’ include the terri- which was not subject to regulation by, or subchapters I or III of chapter 135 of this title tories, commonwealths, and possessions of the under the jurisdiction of, either the Federal may provide transportation or service that is— United States. Maritime Commission or Interstate Commerce ‘‘(1) under a joint rate for a through move- ‘‘SUBCHAPTER III—FREIGHT FORWARDER Commission under Federal law in effect on No- ment in non-contiguous domestic trade, or SERVICE vember 1, 1995. ‘‘(2) for movement of household goods de- ‘‘§ 13531. General jurisdiction ‘‘(g) The Secretary or Transportation Board, scribed in section 13102(9)(A) of this title, as applicable, may not exempt a water carrier ‘‘(a) The Secretary of Transportation and the only if the rate for such transportation or serv- from the application of, or compliance with, sec- Intermodal Surface Transportation Board have ice is contained in a tariff that is in effect under tions 13801 and 13702 for transportation in the jurisdiction, as specified in this part, over serv- this section. A rate contained in a tariff shall be non-contiguous domestic trade. stated in money of the United States. The car- ice that a freight forwarder undertakes to pro- rier may not charge or receive a different com- vide, or is authorized or required under this part ‘‘CHAPTER 137—RATES AND THROUGH pensation for that transportation or service to provide, to the extent transportation is pro- ROUTES than the rate specified in the tariff whether by vided in the United States and is between— ‘‘§ 13701. Requirements for reasonable rates, ‘‘(1) a place in a State and a place in another classifications, through routes, rules, and returning a part of that rate to a person, giving State, even if part of the transportation is out- practices for certain transportation a person a privilege, allowing the use of a facility that affects the value of that transportation side the United States; ‘‘(a)(1) A rate, classification, rule, or practice ‘‘(2) a place in a State and another place in or service, or another device. related to transportation or service provided by ‘‘(b)(1) A carrier providing transportation or the same State through a place outside the a carrier subject to jurisdiction under sub- service described in paragraph (1) of subsection State; or chapters I or III of chapter 135 of this title for ‘‘(3) a place in the United States and a place (a) shall publish and file with the Intermodal transportation or service involving— Surface Transportation Board tariffs containing outside the United States. ‘‘(i) a movement of household goods described ‘‘(b) Neither the Secretary nor the Transpor- the rates established for such transportation or in section 13102(9)(A) of this title, or service. The Transportation Board may pre- tation Board has jurisdiction under subsection ‘‘(ii) a joint rate for a through movement with scribe other information that carriers shall in- (a) of this section over service undertaken by a a water carrier, or a rate for a movement by a freight forwarder using transportation of an air clude in such tariffs. water carrier, in non-contiguous domestic trade, ‘‘(2) Carriers that publish tariffs under this carrier subject to part A of subtitle VII of this must be reasonable. subsection shall keep them open for public in- title. ‘‘(2) Through routes and divisions of joint spection. ‘‘SUBCHAPTER IV—AUTHORITY TO rates for such transportation or service as de- ‘‘(c) The Transportation Board shall prescribe EXEMPT scribed in paragraph (1) (i) or (ii) must be rea- the form and manner of publishing, filing, and sonable. ‘‘§ 13541. Authority to exempt transportation keeping tariffs open for public inspection under ‘‘(b) When the Intermodal Surface Transpor- or services subsection (b). The Transportation Board may tation Board finds it necessary to stop or pre- prescribe specific charges to be identified in a ‘‘(a) In any matter subject to jurisdiction vent a violation of subsection (a), the Transpor- under this chapter, the Secretary of Transpor- tariff published by a carrier, but those tariffs tation Board shall prescribe the rate, classifica- must identify plainly— tation or the Intermodal Surface Transportation tion, rule, practice, through route, or division of Board, as applicable, shall exempt a person, ‘‘(1) the carriers that are parties to it; joint rates to be applied for such transportation ‘‘(2) the places between which property will be class of persons, or a transaction or service from or service. transported; the application of a provision of this title, or use ‘‘(c) A complaint that a rate, classification, ‘‘(3) terminal charges if a carrier providing this exemption authority to modify a provision rule or practice in the non-contiguous domestic transportation or service subject to jurisdiction of this title, when the Secretary or Transpor- trade violates subsection (a) of this section may under subchapter III of chapter 135 of this title; tation Board finds that the application of that be filed with the Transportation Board. ‘‘(4) privileges given and facilities allowed; provision in whole or in part— ‘‘(d)(1) For purposes of this section, a rate or and ‘‘(1) is not necessary to carry out the trans- division of a carrier for service in non-contig- ‘‘(5) any rules that change, affect, or deter- portation policy of section 13101 of this title; uous domestic trade is reasonable if the aggre- mine any part of the published rate. and gate of increases and decreases in any such rate ‘‘(d) The Transportation Board may permit ‘‘(2) either (A) the transaction or service is of or division is not more than 7.5 percent above, carriers to change rates, classifications, rules, limited scope, or (B) the application of a provi- or more than 10 percent below, the rate or divi- and practices without filing complete tariffs sion of this title is not needed to protect shippers sion in effect 1 year before the effective date of that cover matter that is not being changed from the abuse of market power. the proposed rate or division. when the Transportation Board finds that ac- In a proceeding that affects the transportation ‘‘(2) The percentage specified in paragraph (1) tion to be consistent with the public interest. of household goods described in section shall be increased or decreased, as the case may Those carriers may either— S 17806 CONGRESSIONAL RECORD — SENATE November 29, 1995

‘‘(1) publish new tariffs that incorporate ‘‘(5) EFFECT OF APPROVAL.—If the Transpor- tation of household goods which is based on the changes, or tation Board approves the agreement or renews carrier’s written, binding estimate of charges for ‘‘(2) plainly indicate the proposed changes in approval of the agreement, it may be made and providing such transportation. the tariffs then in effect and kept open for pub- carried out under its terms and under the condi- ‘‘(2) Any rate established under this sub- lic inspection. tions required by the Transportation Board, and section must be available on a nonpreferential ‘‘(e) The Transportation Board may reject a the antitrust laws, as defined in the first section basis to shippers and must not result in charges tariff submitted to it by a carrier under sub- of the Clayton Act (15 U.S.C. 12), do not apply to shippers which are predatory. section (b) if that tariff violates this section or to parties and other persons with respect to ‘‘(b)(1) Subject to the provisions of paragraph regulation of the Transportation Board carrying making or carrying out the agreement. (2) of this subsection, a motor carrier providing out this section. ‘‘(b) RECORDS.—The Transportation Board transportation of household goods subject to ju- ‘‘(f)(1) A carrier providing transportation de- may require an organization established or con- risdiction under subchapter I of chapter 135 of scribed in subsection (a)(2) shall maintain rates tinued under an agreement approved under this this title may establish rates for the transpor- and related rules and practices in a published section to maintain records and submit reports. tation of household goods which guarantee that tariff. The tariff must be available for inspection The Transportation Board, or its delegate, may the carrier will pick up and deliver such house- by the Transportation Board and by shippers, inspect a record maintained under this section, hold goods at the times specified in the contract upon reasonable request, at the offices of the or monitor any organization’s compliance with for such services and provide a penalty or per carrier and of each tariff publishing agent of this section. diem payment in the event the carrier fails to the carrier. ‘‘(c) REVIEW.—The Transportation Board may pick up or deliver such household goods at the ‘‘(2) A carrier that maintains a tariff and review an agreement approved under this sec- specified time. The charges, if any, for such makes it available for inspection as provided in tion, on its own initiative or on request, and guarantee and penalty provision may vary to paragraph (1) may not enforce the provisions of shall change the conditions of approval or ter- reflect one or more options available to meet a the tariff unless the carrier has given notice minate it when necessary to protect the public particular shipper’s needs. that the tariff is available for inspection in its interest. Action of the Transportation Board ‘‘(2) Before a carrier may establish a rate for bill of lading or by other actual notice to indi- under this section— any service under paragraph (1) of this sub- viduals whose shipments are subject to the tar- ‘‘(1) approving an agreement, section, the Secretary of Transportation may re- iff. ‘‘(2) denying, ending, or changing approval, quire such carrier to have in effect and keep in ‘‘(3) A carrier that maintains a tariff under ‘‘(3) prescribing the conditions on which ap- effect, during any period such rate is in effect this subsection is bound by the tariff except as proval is granted, or under such paragraph, a rate for such service otherwise provided in this subtitle. A carrier ‘‘(4) changing those conditions, which does not guarantee the pick up and deliv- that does not maintain a tariff as provided in has effect only as related to application of the ery of household goods at the times specified in this subsection may not enforce the tariff antitrust laws referred to in subsection (a). the contract for such services and which does against any individual shipper except as other- ‘‘(d) EXPIRATION OF APPROVALS; RENEWALS.— not provide a penalty or per diem payment in wise provided in this subtitle, and shall not Subject to subsection (c), approval of an agree- the event the carrier fails to pick up or deliver transport household goods described in section ment under subsection (a) shall expire 3 years household goods at the specified time. 13102(9)(A). after the date of approval unless renewed under ‘‘§ 13705. Requirements for through routes ‘‘(4) A carrier may incorporate by reference this subsection. The approval may be renewed among motor carriers of passengers the rates, terms, and other conditions in a tariff upon request of the parties to the agreement if ‘‘(a) A motor carrier of passengers shall estab- in agreements covering the transportation of such parties resubmit the agreement to the household goods (except those household goods lish through routes with other carriers of the Transportation Board, the agreement is un- same type and shall establish individual and described in section 13102(9)(A)(i)), if the tariff changed, and the Transportation Board ap- is maintained as provided in this subsection and joint rates applicable to them. proves such renewal. The Transportation Board ‘‘(b) A through route between motor carriers the agreement gives notice of the incorporation shall approve the renewal unless it finds that providing transportation of passengers subject and of the availability of the tariff for inspec- the renewal is not in the public interest. to jurisdiction under subchapter I of chapter 135 tion by the commercial shipper. ‘‘(e) EXISTING AGREEMENTS.—Agreements ap- ‘‘(5) A complaint that a rate or related rule or must be reasonable. proved under former section 10706(b) and in ef- ‘‘(c) When the Intermodal Surface Transpor- practice maintained in a tariff under this sub- fect on the day before the effective date of this tation Board finds it necessary to enforce the re- section violates section 13701(a) may be filed section shall be treated for purposes of this sec- quirements of this section, the Transportation with the Transportation Board. tion as approved by the Transportation Board Board may prescribe through routes and the ‘‘§ 13703. Certain collective activities; exemp- under this section beginning on such effective conditions under which those routes must be option from antitrust laws date. erated for motor carriers providing transpor- ‘‘(a) AGREEMENTS.— ‘‘(f) LIMITATIONS ON STATUTORY CONSTRUC- tation of passengers subject to jurisdiction ‘‘(1) AUTHORITY TO ENTER.—A motor carrier TION.— under subchapter I of chapter 135. ‘‘(1) UNDERCHARGE CLAIMS.—Nothing in this providing transportation or service subject to ju- ‘‘§ 13706. Liability for payment of rates risdiction under chapter 135 may enter into an section shall serve as a basis for any under- agreement with one or more such carriers to es- charge claim. ‘‘(a) Liability for payment of rates for transportation for a shipment of property by a ship- tablish— ‘‘(2) OBLIGATION OF SHIPPER.—Nothing in this ‘‘(A) through routes and joint rates; title, the Interstate Commerce Commission Sun- per or consignor to a consignee other than the ‘‘(B) rates for the transportation of household set Act of 1995, or any amendments or repeals shipper or consignor, is determined under this goods described in section 13102(9)(A); made by such Act shall be construed as creating section when the transportation is provided by ‘‘(C) classifications; any obligation for a shipper based solely on a motor carrier under this part. When the shipper ‘‘(D) mileage guides; classification that was on file with the Inter- or consignor instructs the carrier transporting ‘‘(E) rules; state Commerce Commission or elsewhere on the the property to deliver it to a consignee that is ‘‘(F) divisions; day before the effective date of this section. an agent only, not having beneficial title to the ‘‘(G) rate adjustments of general application ‘‘(g) MILEAGE RATE LIMITATION.—No carrier property, the consignee is liable for rates billed based on industry average carrier costs (so long subject to jurisdiction under subchapter I or III at the time of delivery for which the consignee as there is no discussion of individual markets of chapter 135 of this title may enforce collection is otherwise liable, but not for additional rates or particular single-line rates); or of its mileage rates or classifications unless such that may be found to be due after delivery if the ‘‘(H) procedures for joint consideration, initi- carrier or forwarder maintains its own inde- consignee gives written notice to the delivering ation, or establishment of matters described in pendent publication of mileage or classification carrier before delivery of the property— subparagraphs (A) through (G). which can be examined by any interested person ‘‘(1) of the agency and absence of beneficial ‘‘(2) SUBMISSION OF AGREEMENT TO TRANSPOR- upon reasonable request or is a participant in a title; and TATION BOARD; APPROVAL.—An agreement en- ‘‘(2) of the name and address of the beneficial publication of mileages or classifications formu- tered into under subsection (a) may be submitted owner of the property if it is reconsigned or di- lated under an agreement approved under this by any carrier or carriers that are parties to verted to a place other than the place specified section. such agreement to the Transportation Board for in the original bill of lading. ‘‘(h) SINGLE LINE RATE DEFINED.—In this sec- ‘‘(b) When the consignee is liable only for approval and may be approved by the Transpor- tion, the term ‘single line rate’ means a rate, rates billed at the time of delivery under sub- tation Board only if it finds that such agree- charge, or allowance proposed by a single motor section (a) of this section, the shipper or con- ment is in the public interest. carrier that is applicable only over its line and ‘‘(3) CONDITIONS.—The Transportation Board signor, or, if the property is reconsigned or di- for which the transportation can be provided by may require compliance with reasonable condi- verted, the beneficial owner is liable for those that carrier. tions consistent with this part to assure that the additional rates regardless of the bill of lading agreement furthers the transportation policy set ‘‘§ 13704. Household goods rates—estimates; or contract under which the property was trans- forth in section 13101. guarantees of service ported. The beneficial owner is liable for all ‘‘(4) INVESTIGATIONS.—The Transportation ‘‘(a)(1) Subject to the provisions of paragraph rates when the property is reconsigned or di- Board may suspend and investigate the reason- (2) of this subsection, a motor carrier providing verted by an agent but is refused or abandoned ableness of any classification or rate adjustment transportation of household goods subject to ju- at its ultimate destination if the agent gave the of general application made pursuant to an risdiction under subchapter I of chapter 135 of carrier in the reconsignment or diversion order a agreement under this section. this title may establish a rate for the transpor- notice of agency and the name and address of November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17807 the beneficial owner. A consignee giving the modal Surface Transportation Board. Pending ‘‘(A) the 60th day following the filing of an carrier erroneous information about the identity the resolution of any such dispute, the person answer to a suit for the collection of such addi- of the beneficial owner of the property is liable shall not have to pay any additional compensa- tional legally applicable freight rate or charges, for the additional rates. tion to the carrier or freight forwarder. Satisfac- or ‘‘§ 13707. Billing and collecting practices tion of the claim under subsection (b), (c), or (d) ‘‘(B) March 5, 1994. shall be binding on the parties, and the parties ‘‘(3) PENDING SUITS FOR COLLECTION MADE BE- ‘‘(a) A motor carrier subject to jurisdiction shall not be subject to chapter 149 of this title or FORE DECEMBER 4, 1993.—If the carrier or freight under subchapter I of chapter 135 shall disclose, chapter 119 of this title, as such chapter was in forwarder or party representing such carrier or when a document is presented or electronically effect on the date before the date of enactment freight forwarder has filed, before December 4, transmitted for payment to the person respon- of the Interstate Commerce Commission Sunset 1993, a suit for the collection of additional sible directly to the motor carrier for payment or Act of 1995. freight charges and notifies the person from agent of such responsible person, the actual ‘‘(b) CLAIMS INVOLVING SHIPMENTS WEIGHING whom additional freight charges are sought of rates, charges, or allowances for any transpor- 10,000 POUNDS OR LESS.—A person from whom the provisions of subsections (a) through (f), the tation service. No person may cause a motor car- the additional legally applicable and effective election must be made not later than the 90th rier to present false or misleading information tariff rate or charges are sought may elect to day following the date on which such notifica- on a document about the actual rate, charge, or satisfy the claim if the shipments each weighed tion is received. allowance to any party to the transaction. 10,000 pounds or less, by payment of 20 percent ‘‘(4) DEMANDS FOR PAYMENT MADE BEFORE When the actual rate, charge, or allowance is of the difference between the carrier’s applicable DECEMBER 4, 1993.—If the carrier or freight for- dependent upon the performance of a service by and effective tariff rate and the rate originally warder or party representing such carrier or a party to the transportation arrangement, such billed and paid. In the event that a dispute freight forwarder has demanded the payment of as tendering a volume of freight over a stated arises as to the rate that was legally applicable additional freight charges, and has not filed a period of time, the motor carrier shall indicate to the shipment, such dispute shall be resolved suit for the collection of such additional freight in any document presented for payment to the by the Transportation Board . charges, before December 4, 1993, and notifies person responsible directly to the motor carrier ‘‘(c) CLAIMS INVOLVING SHIPMENTS WEIGHING the person from whom additional freight that a reduction, allowance, or other adjust- MORE THAN 10,000 POUNDS.—A person from charges are sought of the provisions of sub- ment may apply. whom the additional legally applicable and ef- sections (a) through (f), the election must be ‘‘(b) The Transportation Board shall promul- fective tariff rate or charges are sought may made not later than the later of— gate regulations that prohibit a motor carrier elect to satisfy the claim if the shipments each ‘‘(A) the 60th day following the filing of an subject to jurisdiction under subchapter II of weighed more than 10,000 pounds, by payment answer to a suit for the collection of such addi- chapter 105 of this title from providing a reduc- of 15 percent of the difference between the car- tional legally applicable freight rate or charges, tion in a rate for the provision of transportation rier’s applicable and effective tariff rate and the or of property to any person other than— rate originally billed and paid. In the event that ‘‘(B) March 5, 1994. ‘‘(1) the person paying the motor carrier di- a dispute arises as to the rate that was legally ‘‘(h) CLAIMS INVOLVING SMALL-BUSINESS CON- rectly for the transportation service according to applicable to the shipment, such dispute shall be CERNS, CHARITABLE ORGANIZATIONS, AND RECY- the bill of lading, receipt, or contract; or resolved by the Transportation Board. CLABLE MATERIALS.—Notwithstanding sub- ‘‘(2) an agent of the person paying for the ‘‘(d) CLAIMS INVOLVING PUBLIC WAREHOUSE- sections (b), (c), and (d), a person from whom transportation. MEN.—Notwithstanding subsections (b) and (c), the additional legally applicable and effective ‘‘§ 13708. Procedures for resolving claims in- a person from whom the additional legally ap- tariff rate or charges are sought shall not be lia- volving unfiled, negotiated transportation plicable and effective tariff rate or charges are ble for the difference between the carrier’s ap- rates sought may elect to satisfy the claim by pay- plicable and effective tariff rate and the rate ‘‘(a) IN GENERAL.—When a claim is made by a ment of 5 percent of the difference between the originally billed and paid— motor carrier of property (other than a house- carrier’s applicable and effective tariff rate and ‘‘(1) if such person qualifies as a small-busi- hold goods carrier) providing transportation the rate originally billed and paid if such person ness concern under the Small Business Act (15 subject to jurisdiction under subchapter II of is a public warehouseman. In the event that a U.S.C. 631 et seq.), chapter 105 of this title (as in effect on the day dispute arises as to the rate that was legally ap- ‘‘(2) if such person is an organization which is before the effective date of this section) or sub- plicable to the shipment, such dispute shall be described in section 501(c)(3) of the Internal chapter I of chapter 135 of this title, by a freight resolved by the Transportation Board. Revenue Code of 1986 and exempt from tax forwarder (other than a household goods freight ‘‘(e) EFFECTS OF ELECTION.—When a person under section 501(a) of such Code, or forwarder), or by a party representing such a from whom additional legally applicable freight ‘‘(3) if the cargo involved in the claim is recy- carrier or freight forwarder regarding the collec- rates or charges are sought does not elect to use clable materials. In this provision, ‘recyclable tion of rates or charges for such transportation the provisions of subsection (b), (c) or (d), the materials’ means waste products for recycling or in addition to those originally billed and col- person may pursue all rights and remedies exist- reuse in the furtherance of recognized pollution lected by the carrier or freight forwarder for ing under this part or, for transportation pro- control programs. vided before the effective date of this section, all such transportation, the person against whom ‘‘§ 13709. Additional motor carrier under- rights and remedies that existed under this title the claim is made may elect to satisfy the claim charge provisions under the provisions of subsection (b), (c), or on the day before the date of enactment of the Interstate Commerce Commission Sunset Act of ‘‘(a)(1) A motor carrier of property (other (d), upon showing that— than a motor carrier providing transportation in ‘‘(1) the carrier or freight forwarder is no 1995. ‘‘(f) STAY OF ADDITIONAL COMPENSATION.— noncontiguous domestic trade) shall provide to longer transporting property or is transporting When a person proceeds under this section to the shipper, on request of the shipper, a written property for the purpose of avoiding the appli- challenge the reasonableness of the legally ap- or electronic copy of the rate, classification, cation of this section; and plicable freight rate or charges being claimed by rules, and practices, upon which any rate ‘‘(2) with respect to the claim— a carrier or freight forwarder described in sub- agreed to between the shipper and carrier may ‘‘(A) the person was offered a transportation section (a) in addition to those already billed have been based. rate by the carrier or freight forwarder other and collected, the person shall not have to pay ‘‘(2) In those cases where a motor carrier than that legally on file at the time with the any additional compensation to the carrier or (other than a motor carrier providing transpor- Transportation Board or with the former Inter- freight forwarder until the Transportation tation of household goods or in noncontiguous state Commerce Commission, as required, for the Board has made a determination as to the rea- domestic trade) seeks to collect charges in addi- transportation service; sonableness of the challenged rate as applied to tion to those billed and collected which are con- ‘‘(B) the person tendered freight to the carrier the freight of the person against whom the claim tested by the payor, the carrier may request that or freight forwarder in reasonable reliance upon is made. the Transportation Board determine whether the offered transportation rate; ‘‘(g) NOTIFICATION OF ELECTION.— any additional charges over those billed and ‘‘(C) the carrier or freight forwarder did not ‘‘(1) GENERAL RULE.—A person must notify collected must be paid. A carrier must issue any properly or timely file with the Transportation the carrier or freight forwarder as to its election bill for charges in addition to those originally Board or with the former Interstate Commerce to proceed under subsection (b), (c), or (d). Ex- billed within 180 days of the receipt of the origi- Commission, as required, a tariff providing for cept as provided in paragraphs (2), (3), and (4), nal bill in order to have the right to collect such such transportation rate or failed to enter into such election may be made at any time. charges. an agreement for contract carriage; ‘‘(2) DEMANDS FOR PAYMENT INITIALLY MADE ‘‘(3) If a shipper seeks to contest the charges ‘‘(D) such transportation rate was billed and AFTER DECEMBER 3, 1993.—If the carrier or originally billed, the shipper may request that collected by the carrier or freight forwarder; and freight forwarder or party representing such the Transportation Board determine whether ‘‘(E) the carrier or freight forwarder demands carrier or freight forwarder initially demands the charges originally billed must be paid. A additional payment of a higher rate filed in a the payment of additional freight charges after shipper must contest the original bill within 180 tariff. December 3, 1993, and notifies the person from days in order to have the right to contest such If there is a dispute as to the showing under whom additional freight charges are sought of charges. paragraph (1), such dispute shall be resolved by the provisions of subsections (a) through (f) at ‘‘(4) Any tariff on file with the Interstate the court in which the claim is brought. If there the time of the making of such initial demand, Commerce Commission on August 26, 1994, not is a dispute as to the showing under paragraph the election must be made not later than the required to be filed after that date is null and (2), such dispute shall be resolved by the Inter- later of— void beginning on that date. Any tariff on file S 17808 CONGRESSIONAL RECORD — SENATE November 29, 1995 with the Interstate Commerce Commission on ‘‘(c) STAY OF ADDITIONAL COMPENSATION.— Transportation Board, and any safety require- the effective date of the Interstate Commerce When a person proceeds under this section to ments imposed by the Secretary, Commission Sunset Act of 1995 not required to challenge the reasonableness of the practice of a ‘‘(B) the safety fitness requirements estab- be filed after that date is null and void begin- motor carrier, freight forwarder, or party de- lished by the Secretary under section 31144 of ning on that date. scribed in subsection (a) to attempt to charge or this title, and ‘‘(b) If a motor carrier (other than a motor to charge the difference described in subsection ‘‘(C) the minimum financial responsibility re- carrier providing transportation of household (a) between the applicable rate and the nego- quirements established by the Secretary pursu- goods) subject to jurisdiction under subchapter I tiated rate for the transportation service in ad- ant to sections 13906 and 31128 of this title. of chapter 135 of this title had authority to pro- dition to those charges already billed and col- ‘‘(2) The Secretary shall consider and, to the vide transportation as both a motor common lected for the transportation service, the person extent applicable, make findings on, any evi- carrier and a motor contract carrier and a dis- shall not have to pay any additional compensa- dence demonstrating that the registrant is un- pute arises as to whether certain transportation tion to the carrier, freight forwarder, or party able to comply with the requirements of sub- that was provided prior to the effective date of until the Transportation Board has made a de- paragraph (A), (B), or (C) of paragraph (1). ‘‘(3) The Secretary shall find any registrant as the Interstate Commerce Commission Sunset Act termination as to the reasonableness of the a motor carrier under this section to be unfit if of 1995 was provided in its common carrier or practice as applied to the freight of the person the registrant does not meet the fitness require- contract carrier capacity and the parties are not against whom the claim is made. ments under paragraph (1) of this subsection able to resolve the dispute consensually, the ‘‘(d) TREATMENT.—Subsection (a) is an excep- Transportation Board shall resolve the dispute. and shall withhold registration. tion to the requirements of section 13702, and for ‘‘(4) The Secretary may hear a complaint from ‘‘§ 13710. Alternative Procedure for Resolving transportation prior to the effective date of the any person concerning a registration under this Undercharge Disputes Interstate Commerce Commission Sunset Act of subsection only on the ground that the reg- ‘‘(a) GENERAL RULE.—It shall be an unreason- 1995, to the requirements of sections 10761(a) istrant fails or will fail to comply with this part, able practice for a motor carrier of property and 10762 of this title as in effect on the date be- the applicable regulations of the Secretary and (other than a household goods carrier) provid- fore the date of enactment of the Interstate the Transportation Board, the safety require- ing transportation that is subject to jurisdiction Commerce Commission Sunset Act of 1995, relat- ments of the Secretary, or the safety fitness or of subchapter I of chapter 135 of this title or was ing to a filed tariff rate and other general tariff minimum financial responsibility requirements subject to jurisdiction under subchapter II of requirements. of paragraph (1) of this subsection. chapter 105 of this title, a freight forwarder ‘‘(e) NONAPPLICABILITY OF NEGOTIATED RATE ‘‘(b) MOTOR CARRIERS OF PASSENGERS.— (other than a household goods freight for- DISPUTE RESOLUTION PROCEDURE.—If a person ‘‘(1) REGISTRATION OF PRIVATE RECIPIENTS OF warder), or a party representing such a carrier elects to seek enforcement of subsection (a) with GOVERNMENT ASSISTANCE.—The Secretary shall or freight forwarder to attempt to charge or to respect to a rate for a transportation or service, register under subsection (a)(1) a private recipi- charge for a transportation service the dif- section 13708 of this part shall not apply to such ent of governmental assistance to provide spe- ference between— rate. cial or charter transportation subject to jurisdic- ‘‘(1) the applicable rate that was lawfully in ‘‘(f) DEFINITIONS.—For purposes of this section under subchapter I of chapter 135 as a effect pursuant to a tariff that was filed in action, the term ‘negotiated rate’ means a rate, motor carrier of passengers if the Secretary finds cordance with this chapter, or with respect to charge, classification, or rule agreed upon by a that the recipient meets the requirements of sub- transportation provided before the effective date motor carrier or freight forwarder and a shipper section (a)(1), unless the Secretary finds, on the of this section in accordance with chapter 107 of through negotiations pursuant to which no tar- basis of evidence presented by any person ob- this title as in effect on the date the transpor- iff was lawfully and timely filed and for which jecting to the registration, that the transportation service was provided by the carrier or there is written evidence of such agreement. tation to be provided pursuant to the registra- freight forwarder applicable to such transpor- ‘‘§ 13711. Government traffic tion is not in the public interest. tation service; and ‘‘A carrier providing transportation or service ‘‘(2) REGISTRATION OF PUBLIC RECIPIENTS OF ‘‘(2) the negotiated rate for such transpor- for the United States Government may transport GOVERNMENTAL ASSISTANCE.— tation service if the carrier or freight forwarder property or individuals for the United States ‘‘(A) CHARTER TRANSPORTATION.—The Sec- is no longer transporting property between Government without charge or at a rate reduced retary shall register under subsection (a)(1) a places described in section 13501(1) of this title from the applicable commercial rate. Section public recipient of governmental assistance to or is transporting property between places de- 3709 of the Revised Statutes (41 U.S.C. 5) does provide special or charter transportation subject scribed in section 13501(1) of this title for the not apply when transportation for the United to jurisdiction under subchapter I of chapter 135 purpose of avoiding the application of this sec- States Government can be obtained from a car- as a motor carrier of passengers if the Secretary tion. rier lawfully operating in the area where the finds that— ‘‘(b) JURISDICTION OF TRANSPORTATION transportation would be provided. ‘‘(i) the recipient meets the requirements of BOARD.—The Intermodal Surface Transpor- subsection (a)(1); and tation Board shall have jurisdiction to make a ‘‘§ 13712. Food and grocery transportation ‘‘(ii)(I) no motor carrier of passengers (other determination of whether or not attempting to ‘‘(a) CERTAIN COMPENSATION PROHIBITED.— than a motor carrier of passengers which is a charge or the charging of a rate by a motor car- Notwithstanding any other provision of law, it public recipient of governmental assistance) is rier or freight forwarder or party representing a shall not be unlawful for a seller of food and providing, or is willing to provide, the transpor- motor carrier or freight forwarder is an unrea- grocery products using a uniform zone delivered tation; or sonable practice under subsection (a). If the pricing system to compensate a customer who ‘‘(II) the transportation is to be provided en- Transportation Board determines that attempt- picks up purchased food and grocery products tirely in the area in which the public recipient ing to charge or the charging of the rate is an at the shipping point of the seller if such com- provides regularly scheduled mass transpor- unreasonable practice under subsection (a), the pensation is available to all customers of the tation services. carrier, freight forwarder, or party may not col- seller on a nondiscriminatory basis and does not ‘‘(B) REGULAR-ROUTE TRANSPORTATION.—The lect the difference described in subsection (a) be- exceed the actual cost to the seller of delivery to Secretary shall register under subsection (a)(1) a tween the applicable rate and the negotiated such customer. public recipient of governmental assistance to rate for the transportation service. In making ‘‘(b) SENSE OF CONGRESS.—It is the sense of provide regular-route transportation subject to such determination, the Transportation Board the Congress that any savings accruing to a jurisdiction under subchapter I of chapter 135 as shall consider— customer by reason of compensation permitted a motor carrier of passengers if the Secretary ‘‘(1) whether the person was offered a trans- by subsection (a) of this section should be finds that the recipient meets the requirements portation rate by the carrier or freight for- passed on to the ultimate consumer. of subsection (a)(1), unless the Secretary finds, warder or party other than that legally on file ‘‘CHAPTER 139—REGISTRATION on the basis of evidence presented by any person with the Transportation Board or with the ‘‘§ 13901. Requirement for registration objecting to the registration, that the transportation to be provided pursuant to the registra- Interstate Commerce Commission, as required, at ‘‘A person may provide transportation or serv- tion is not in the public interest. the time of the movement for the transportation ice subject to jurisdiction under subchapter I or ‘‘(C) TREATMENT OF CERTAIN PUBLIC RECIPI- service; III of chapter 135 of this title or be a broker for ENTS.—Any public recipient of governmental as- ‘‘(2) whether the person tendered freight to transportation subject to jurisdiction under sub- the carrier or freight forwarder in reasonable resistance which is providing or seeking to provide chapter I of that chapter, only if the person is transportation of passengers subject to jurisdic- liance upon the offered transportation rate; currently registered under this chapter to pro- ‘‘(3) whether the carrier or freight forwarder tion under subchapter I of chapter 135 shall, for vide the transportation or service. did not properly or timely file with the Trans- purposes of this part, be treated as a person portation Board or with the Interstate Com- ‘‘§ 13902. Registration of motor carriers which is providing or seeking to provide trans- merce Commission, as required, a tariff provid- ‘‘(a)(1) Except as provided in this section, the portation of passengers subject to such jurisdic- ing for such transportation rate or failed to Secretary of Transportation shall register a per- tion. enter into an agreement for contract carriage; son to provide transportation subject to jurisdic- ‘‘(3) INTRASTATE TRANSPORTATION BY INTER- ‘‘(4) whether the transportation rate was tion under subchapter I of chapter 135 of this STATE CARRIERS.—A motor carrier of passengers billed and collected by the carrier or freight for- title as a motor carrier if the Secretary finds that is registered by the Secretary under sub- warder; and that the person is willing and able to comply section (a) is authorized to provide regular-route ‘‘(5) whether the carrier or freight forwarder with— transportation entirely in one State as a motor or party demands additional payment of a high- ‘‘(A) this part, the applicable regulations of carrier of passengers if such intrastate transpor- er rate filed in a tariff. the Secretary and the Intermodal Surface tation is to be provided on a route over which November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17809 the carrier provides interstate transportation of carriers of property or passengers domiciled in able to be a broker for transportation and to passengers. such foreign country or owned or controlled by comply with this part and applicable regula- ‘‘(4) JURISDICTION OVER CERTAIN INTRASTATE persons of such foreign country. tions of the Secretary . TRANSPORTATION.—Any intrastate transpor- ‘‘(2) Any action taken under paragraph (1)(A) ‘‘(b)(1) The broker may provide the transportation authorized under this subsection, except to eliminate an act, policy, or practice shall be tation itself only if the broker also has been reg- as provided in section 14501, shall be deemed to so devised so as to equal to the extent possible istered to provide the transportation under this be transportation subject to jurisdiction under the burdens or restrictions imposed by such for- chapter. subchapter I of chapter 135 of this title until eign country on United States transportation ‘‘(2) This subsection does not apply to a motor such time, not later than 30 days after the date companies. carrier registered under this chapter or to an on which a motor carrier of passengers first be- ‘‘(3) The President, or his or her delegate, may employee or agent of the motor carrier to the ex- gins providing transportation entirely in one remove or modify in whole or in part any action tent the transportation is to be provided entirely State pursuant to this paragraph, as the carrier taken under paragraph (1)(A) if the President, by the motor carrier, with other registered motor takes such action as is necessary to establish or his or her delegate, determines that such re- carriers, or with rail or water carriers. under the laws of such State rates, rules, and moval or modification is consistent with the ob- ‘‘(c) Regulations of the Secretary shall provide practices applicable to such transportation. ligations of the United States under a trade for the protection of shippers by motor vehicle, ‘‘(5) SPECIAL OPERATIONS.—This subsection agreement or with United States transportation to be observed by brokers. shall not apply to any regular-route transpor- policy. ‘‘(d) The Secretary may impose on brokers for tation of passengers provided entirely in one ‘‘(4) Unless and until the President or his or motor carriers of passengers such requirements State which is in the nature of a special oper- her delegate makes a determination under para- for bonds or insurance or both as the Secretary ation. graphs (1) or (3) above, nothing in this sub- determines are needed to protect passengers and ‘‘(6) REVOCATION OF AUTHORITY FOR INTRA- section shall affect— carriers dealing with such brokers. STATE TRANSPORTATION.—Notwithstanding ‘‘(A) operations of motor carriers of property ‘‘§ 13905. Effective periods of registration paragraph (3) of this subsection, intrastate or passengers domiciled in any contiguous for- ‘‘(a) Each registration under section 13902, transportation authorized under this subsection eign country or owned or controlled by persons 13903, or 13904 of this title is effective from the may be suspended or revoked by the Secretary of any contiguous foreign country permitted in date specified by the Secretary of Transpor- under section 13905 of this title at any time. the commercial zones along the U.S.-Mexico bor- tation and remains in effect for a period of 5 ‘‘(7) PREEMPTION OF STATE REGULATION.—No der as defined at the time of enactment of the years except as otherwise provided in this sec- State or political subdivision thereof and no Interstate Commerce Commission Sunset Act of tion or in section 13906. The Secretary may re- interstate agency or other political agency of 1995; or quire any carrier or registrant to provide peri- ‘‘(B) any existing restrictions on operations of two or more States shall enact or enforce any odic updating of carrier information. law, rule, regulation, standard or other provi- motor carriers of property or passengers domi- ‘‘(b) On application of the holder, the Sec- sion having the force and effect of law relating ciled in any contiguous foreign country or retary may amend or revoke a registration. On to the provision of pickup and delivery of ex- owned or controlled by persons of any contig- complaint or on the Secretary’s own initiative press packages, newspapers, or mail in a com- uous foreign country or any modifications and after notice and an opportunity for a pro- mercial zone if the shipment has had or will thereof pursuant to section 6 of the Bus Regu- ceeding, the Secretary may suspend, amend, or have a prior or subsequent movement by bus in latory Reform Act of 1982. revoke any part of the registration of a motor ‘‘(5) Unless the President, or his or her dele- intrastate commerce and, if a city within the carrier, broker, or freight forwarder for willful gate, determines that expeditious action is re- commercial zone, is served by a motor carrier of failure to comply with this part, an applicable quired, the President shall publish in the Fed- passengers providing regular-route transpor- regulation or order of the Secretary or of the eral Register any determination under para- tation of passengers subject to jurisdiction Intermodal Surface Transportation Board, or a graphs (1) or (3) together with a description of under subchapter I of chapter 135 of this title. condition of its registration. the facts on which such a determination is ‘‘(8) DEFINITIONS.—In this subsection, the fol- ‘‘(c)(1) Except on application of the holder, lowing definitions apply: based and any proposed action to be taken pur- the Secretary may revoke a registration of a suant to paragraphs (1)(B) or (3) and provide an ‘‘(A) PUBLIC RECIPIENT OF GOVERNMENTAL AS- motor carrier, freight forwarder, or broker, only opportunity for public comments. SISTANCE.—The term ‘public recipient of govern- after the Secretary has issued an order to the ‘‘(6) The President may delegate any or all mental assistance’ means— holder under section 14701 of this title requiring authority under this subsection to the Secretary ‘‘(i) any State, compliance with this part, a regulation of the of Transportation, who shall consult with other ‘‘(ii) any municipality or other political sub- Secretary, or a condition of the registration of agencies as appropriate. In accordance with the division of a State, the holder, and the holder willfully does not directions of the President, the Secretary of ‘‘(iii) any public agency or instrumentality of comply with the order. one or more states and municipalities and politi- Transportation may issue regulations to enforce ‘‘(2) The Secretary may act under paragraph cal subdivisions of a State, this subsection. (1) of this subsection only after giving the hold- ‘‘(7) Either the Secretary of Transportation or ‘‘(iv) any Indian tribe, er of the registration at least 30 days to comply the Attorney General may bring a civil action in ‘‘(v) any corporation, board, or other person with the order. an appropriate district court of the United owned or controlled by any entity described in ‘‘(d)(1) Without regard to subchapter II of States to enforce this subsection or a regulation clause (i), (ii), (iii), or (iv), and chapter 5 of title 5, the Secretary may suspend prescribed or order issued under this subsection. the registration of a motor carrier, a freight for- which, before, on, or after the effective date of The court may award appropriate relief, includ- this subsection received governmental assistance warder, or a broker for failure to comply with ing injunctive relief. safety requirements of the Secretary or the safe- for the purchase or operation of any bus. ‘‘(8) This subsection shall not affect the re- ty fitness requirements pursuant to section ‘‘(B) PRIVATE RECIPIENT OF GOVERNMENT AS- quirement for all foreign motor carriers and for- 13904(c), 13906, or 31144, of this title, or an order SISTANCE.—The term ‘private recipient of gov- eign motor private carriers operating in the or regulation of the Secretary prescribed under ernment assistance’ means any person (other United States to fully comply with all applicable than a person described in subparagraph (A)) those sections. laws and regulations pertaining to fitness; safe- ‘‘(2) Without regard to subchapter II of chap- who before, on or after the effective date of this ty of operations; financial responsibility; and paragraph received governmental financial aster 5 of title 5, the Secretary may suspend a reg- taxes imposed by section 4481 of the Internal istration of a motor carrier of passengers if the sistance in the form of a subsidy for the pur- Revenue Code of 1994. chase, lease, or operation of any bus. Secretary finds that such carrier is conducting ‘‘§ 13903. Registration of freight forwarders ‘‘(c) RESTRICTIONS ON MOTOR CARRIERS DOMI- unsafe operations which are an imminent haz- CILED IN OR OWNED OR CONTROLLED BY NATION- ‘‘(a) The Secretary of Transportation shall ard to public health or property. ‘‘(3) The Secretary may suspend the registra- ALS OF A CONTIGUOUS FOREIGN COUNTRY.— register a person to provide service subject to ju- ‘‘(1) If the President of the United States, or risdiction under subchapter III of chapter 135 as tion only after giving notice of the suspension to his or her delegate, determines that an act, pol- a freight forwarder, if the Secretary finds that the holder. The suspension remains in effect icy, or practice of a foreign country contiguous the person is fit, willing, and able to provide the until the holder complies with those applicable to the United States, or any political subdivision service and to comply with this part and appli- sections or, in the case of a suspension under or any instrumentality of any such country is cable regulations of the Secretary and the Inter- paragraph (2) of this subsection, until the Sec- unreasonable or discriminatory and burdens or modal Surface Transportation Board. retary revokes such suspension. restricts United States transportation companies ‘‘(b) The freight forwarder may provide trans- ‘‘§ 13906. Security of motor carriers, brokers, providing, or seeking to provide, motor carrier portation as the carrier itself only if the freight and freight forwarders transportation of property or passengers to, forwarder also has been registered to provide ‘‘(a)(1) The Secretary of Transportation may from, or within such foreign country, the Presi- transportation as a carrier under this chapter. register a motor carrier under section 13902 only dent, or his or her delegate, may— ‘‘§ 13904. Registration of motor carrier brokers if the registering carrier (including a foreign ‘‘(A) seek elimination of such practices ‘‘(a) The Secretary of Transportation shall motor carrier, and a foreign motor private car- through consultations; or register, subject to section 13906(b) of this title, rier) files with the Secretary a bond, insurance ‘‘(B) notwithstanding any other provision of a person to be a broker for transportation of policy, or other type of security approved by the law, suspend, modify, amend, condition, or re- property subject to jurisdiction under sub- Secretary, in an amount not less than such strict operations, including geographical restric- chapter I of chapter 135 of this title, if the Sec- amount as the Secretary prescribes pursuant to, tion of operations, in the United States by motor retary finds that the person is fit, willing, and or as is required by, sections 31138 and 31139 of S 17810 CONGRESSIONAL RECORD — SENATE November 29, 1995 this title, and the laws of the State or States in of notices of insurance cancellation sufficiently United States court of appeals as provided by which the carrier is operating, to the extent ap- in advance of actual cancellation so as to en- and in the manner prescribed in chapter 158 of plicable. The security must be sufficient to pay, able the Secretary to promptly revoke the reg- title 28, United States Code. not more than the amount of the security, for istration of any carrier or broker after the effec- ‘‘(d) The antitrust laws, as defined in the first each final judgment against the carrier for bod- tive date of the cancellation. The Secretary section of the Clayton Act (15 U.S.C. 12), do not ily injury to, or death of, an individual result- shall also prescribe the appropriate form of en- apply to discussions or agreements between a ing from the negligent operation, maintenance, dorsement to be appended to policies of insur- motor carrier providing transportation of house- or use of motor vehicles, or for loss or damage to ance and surety bonds which will subject the in- hold goods subject to jurisdiction under sub- property (except property referred to in para- surance policy or surety bond to the full secu- chapter I of chapter 135 of this title and its graph (3) of this subsection), or both. A registra- rity limits of the coverage required under this agents (whether or not an agent is also a car- tion remains in effect only as long as the carrier section. rier) related solely to (1) rates for the transpor- continues to satisfy the security requirements of ‘‘§ 13907. Household goods agents tation of household goods under the authority of the principal carrier, (2) accessorial, terminal, this paragraph. ‘‘(a) Each motor carrier providing transpor- ‘‘(2) A motor carrier and a foreign motor pri- storage, or other charges for services incidental tation of household goods subject to jurisdiction vate carrier and foreign motor carrier operating to the transportation of household goods trans- under subchapter I of chapter 135 of this title in the United States (when providing transpor- ported under the authority of the principal car- shall be responsible for all acts or omissions of tation between places in a foreign country or be- rier, (3) allowances relating to transportation of any of its agents which relate to the perform- tween a place in one foreign country and a household goods under the authority of the ance of household goods transportation services place in another foreign country) shall comply principal carrier, and (4) ownership of a motor (including accessorial or terminal services) sub- with the requirements of sections 13303 and carrier providing transportation of household ject to jurisdiction under subchapter I of chap- 13304. To protect the public, the Secretary may goods subject to jurisdiction under subchapter I ter 135 of this title and which are within the ac- require any such motor carrier to file the type of of chapter 135 of this title by an agent or mem- tual or apparent authority of the agent from the security that a motor carrier is required to file bership on the board of directors of any such carrier or which are ratified by the carrier. under paragraph (1) of this subsection. motor carrier by an agent. ‘‘(3) The Secretary may require a registered ‘‘(b) Each motor carrier providing transpor- ‘‘§ 13908. Registration and other reforms motor carrier to file with the Secretary a type of tation of household goods subject to jurisdiction security sufficient to pay a shipper or consignee under subchapter I of chapter 135 of this title ‘‘(a) IN GENERAL.—Within 18 months after the for damage to property of the shipper or con- shall use due diligence and reasonable care in date of enactment of the Interstate Commerce signee placed in the possession of the motor car- selecting and maintaining agents who are suffi- Commission Sunset Act of 1995, the Secretary, in rier as the result of transportation provided ciently knowledgeable, fit, willing, and able to cooperation with the States, industry groups, under this part. A carrier required by law to pay provide adequate household goods transpor- and other interested parties shall conduct a a shipper or consignee for loss, damage, or de- tation services (including accessorial and termi- study to determine whether, and to what extent, fault for which a connecting motor carrier is re- nal services) and to fulfill the obligations im- the current Department of Transportation iden- sponsible is subrogated, to the extent of the posed upon them by this part and by such car- tification number system, the single State reg- amount paid, to the rights of the shipper or con- rier. istration system under section 14505, the reg- ‘‘(c)(1) Whenever the Secretary of Transpor- signee under any such security. istration system contained in this chapter, and ‘‘(b) The Secretary may register a person as a tation has reason to believe from a complaint or the financial responsibility information system broker under section 13904 of this title only if investigation that an agent providing household under section 13906, should be modified or re- the person files with the Secretary a bond, in- goods transportation services (including acces- placed with a single, on-line Federal system. surance policy, or other type of security ap- sorial and terminal services) under the author- ‘‘(b) FACTORS TO BE CONSIDERED.—In con- proved by the Secretary to ensure that the ity of a motor carrier providing transportation ducting the rulemaking under subsection (a), transportation for which a broker arranges is of household goods subject to jurisdiction under the Secretary shall, at a minimum, consider the provided. The registration remains in effect only subchapter I of chapter 135 of this title has vio- following factors: as long as the broker continues to satisfy the se- lated section 14901(e) or 14912 of this title or is ‘‘(1) Funding for State enforcement of motor curity requirements of this subsection. consistently not fit, willing, and able to provide carrier safety regulations. ‘‘(c)(1) The Secretary may register a person as adequate household goods transportation serv- ‘‘(2) Whether the existing single State registra- a freight forwarder under section 13903 of this ices (including accessorial and terminal serv- tion system is duplicative and burdensome. title only if the person files with the Secretary ices), the Secretary may issue to such agent a ‘‘(3) The justification and need for collecting a bond, insurance policy, or other type of secu- complaint stating the charges and containing the statutory fee for such system under section rity approved by the Secretary. The security notice of the time and place of a hearing which 145-5(c)(2)(B)(iv). must be sufficient to pay, not more than the shall be held no later than 60 days after service ‘‘(4) The public safety. amount of the security, for each final judgment of the complaint to such agent. ‘‘(5) The efficient delivery of transportation against the freight forwarder for bodily injury ‘‘(2) Such agent shall have the right to appear services. to, or death of, an individual, or loss of, or dam- at such hearing and rebut the charges con- ‘‘(6) How, and under what conditions, to ex- age to, property (other than property referred to tained in the complaint. tend the registration system to motor private in paragraph (2) of this subsection), resulting ‘‘(3) If such person does not appear at the carriers and to carriers exempt under sections from the negligent operation, maintenance, or hearing or if the Secretary finds that the agent 13502, 13503, and 13506. use of motor vehicles by or under the direction has violated section 14901(e) or 14912 of this title ‘‘(c) FEE SYSTEM.—The Secretary may con- and control of the freight forwarder when pro- or is consistently not fit, willing, and able to sider whether to establish, under section 9701 of viding transfer, collection, or delivery service provide adequate household goods transpor- title 31, a fee system for registration and filing under this part. tation services (including accessorial and termi- evidence of financial responsibility under the ‘‘(2) The Secretary may require a registered nal services), the Secretary may issue an order new system under subsection (a). freight forwarder to file with the Secretary a to compel compliance with the requirement that ‘‘(d) DEADLINE.—The Secretary shall conclude bond, insurance policy, or other type of security the agent be fit, willing, and able. Thereafter, the study under this section within 18 months approved by the Secretary sufficient to pay, not the Secretary may issue an order to limit, condi- and report to Congress on the findings, together more than the amount of the security, for loss tion, or prohibit such agent from any involve- with recommendations for any appropriate legis- of, or damage to, property for which the freight ment in the transportation or provision of serv- lative changes that may be needed. forwarder provides service. ices incidental to the transportation of house- ‘‘CHAPTER 141—OPERATIONS OF ‘‘(3) The freight forwarder’s registration re- hold goods subject to jurisdiction under sub- CARRIERS chapter I of chapter 135 of this title if, after no- mains in effect only as long as the freight for- ‘‘SUBCHAPTER I—GENERAL tice and an opportunity for a hearing, the Sec- warder continues to satisfy the security require- REQUIREMENTS ments of this subsection. retary finds that such agent, within a reason- ‘‘(d) The Secretary may determine the type able time after the date of issuance of a compli- ‘‘§ 14101. Providing transportation and service and amount of security filed under this section. ance order under this section, but in no event ‘‘(a) A carrier providing transportation or A motor carrier may submit proof of qualifica- less than 30 days after such date of issuance, service subject to jurisdiction under chapter 135 tions as a self-insurer to satisfy the security re- has willfully failed to comply with such order. of this title shall provide the transportation or quirements of this section. The Secretary shall ‘‘(4) Upon filing of a petition with the Sec- service on reasonable request. In addition, a adopt regulations governing the standards for retary by an agent who is the subject of an motor carrier shall provide safe and adequate approval as a self-insurer. Motor carriers which order issued pursuant to the second sentence of service, equipment, and facilities. have been granted authority to self-insure as of paragraph (3) of this subsection and after no- ‘‘(b) A carrier providing transportation or the date of enactment of the Interstate Com- tice, a hearing shall be held with an oppor- service subject to jurisdiction under chapter 135 merce Commission Sunset Act of 1995 shall re- tunity to be heard. At such hearing, a deter- of this title may enter into a contract with a tain that authority unless, for good cause mination shall be made whether the order issued shipper, other than a shipper of household shown and after notice and an opportunity for pursuant to paragraph (3) of this subsection goods described in section 13102(9)(A)(i), to pro- a hearing, the Secretary finds that the author- should be rescinded. vide specified services under specified rates and ity must be revoked. ‘‘(5) Any agent adversely affected or aggrieved conditions. If the shipper and carrier in writing ‘‘(e) The Secretary shall promulgate regula- by an order of the Secretary issued under this expressly waives any or all rights and remedies tions requiring the submission to the Secretary subsection may seek relief in the appropriate under this part for the transportation covered November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17811 by the contract, the transportation provided priate, reasonable performance standards for ‘‘(1) inspect and examine the lands, buildings, under that contract shall not be subject to those the transportation of household goods subject to and equipment of a carrier or broker; and provisions of this part, and may not be subse- jurisdiction under subchapter I of chapter 135 of ‘‘(2) inspect and copy any record of— quently challenged on the ground that it vio- this title. In establishing performance standards ‘‘(A) a carrier, broker, or association; and lates such provision. The parties may not waive under this paragraph, the Secretary shall take ‘‘(B) a person controlling, controlled by, or the provisions governing registration, insurance, into account at least the following: under common control with a carrier if the Sec- or safety fitness. The exclusive remedy for any ‘‘(A) The level of performance that can be retary or Transportation Board, as applicable, alleged breach of a contract entered into under achieved by a well-managed motor carrier trans- considers inspection relevant to that person’s re- this subsection shall be an action in an appro- porting household goods. lation to, or transaction with, that carrier. priate State court or United States district court, ‘‘(B) The degree of harm to individual ship- ‘‘(c) The Secretary or Transportation Board, unless the parties otherwise agree. pers which could result from a violation of the as applicable, may prescribe the time period dur- ‘‘§ 14102. Leased motor vehicles regulation. ing which operating, accounting, and financial ‘‘(a) The Secretary of Transportation may re- ‘‘(C) The need to set the level of performance records must be preserved by carriers. quire a motor carrier providing transportation at a level sufficient to deter abuses which result ‘‘§ 14123. Reports by carriers, brokers, and as- subject to jurisdiction under subchapter I of in harm to consumers and violations of regula- sociations tions. chapter 135 of this title that uses motor vehicles ‘‘(a) The Secretary— ‘‘(D) Service requirements of the carriers. not owned by it to transport property under an ‘‘(1) shall require class I and class II motor ‘‘(E) The cost of compliance in relation to the arrangement with another party to— carriers (as defined by the Secretary) to file an- consumer benefits to be achieved from such com- ‘‘(1) make the arrangement in writing signed nual reports with the Secretary, including a de- pliance. by the parties specifying its duration and the tailed balance sheet and income statement, in- ‘‘(F) The need to set the level of performance compensation to be paid by the motor carrier; formation related to the ownership or lease of at a level designed to encourage carriers to offer ‘‘(2) carry a copy of the arrangement in each equipment operated by the motor carrier, and service responsive to shipper needs. motor vehicle to which it applies during the pe- data related to the movement of traffic and safe- ‘‘(3) Nothing in this section shall be construed riod the arrangement is in effect; ty performance, the form and substance of ‘‘(3) inspect the motor vehicles and obtain li- to limit the Secretary’s authority to require re- which shall be prescribed by the Secretary and ability and cargo insurance on them; and ports from motor carriers providing transpor- may vary for different classes of motor carriers; ‘‘(4) have control of and be responsible for op- tation of household goods or to require such car- ‘‘(2) may require carriers, freight forwarders, erating those motor vehicles in compliance with riers to provide specified information to consum- brokers, lessors, and associations, or classes of requirements prescribed by the Secretary on ers concerning their past performance. them as the Secretary may prescribe, to file safety of operations and equipment, and with ‘‘(b)(1) Every motor carrier providing trans- quarterly, periodic, or special reports with the other applicable law as if the motor vehicles portation of household goods subject to jurisdic- Secretary and to respond to surveys concerning were owned by the motor carrier. tion under subchapter I of chapter 135 of this their operations; and ‘‘(b) The Secretary shall require, by regula- title may, upon request of a prospective shipper, ‘‘(3) shall have the authority upon good cause tion, that any arrangement, between a motor provide the shipper with an estimate of charges shown to exempt any party from the financial carrier of property providing transportation for transportation of household goods and for reporting requirements prescribed by subsection subject to jurisdiction under subchapter I of the proposed services. The Secretary shall not (a)(1) or (a)(2). chapter 135 of this title and any other person, prohibit any such carrier from charging a pro- ‘‘(b) Any request for exemption under para- under which such other person is to provide any spective shipper for providing a written, binding graph (3) of subsection (a) must demonstrate, at portion of such transportation by a motor vehi- estimate for the transportation and proposed a minimum, that an exemption is required to cle not owned by the carrier shall specify, in services. avoid competitive harm and preserve confiden- writing, who is responsible for loading and un- ‘‘(2) Any charge for an estimate of charges tial business information that is not otherwise loading the property onto and from the motor provided by a motor carrier to a shipper for publicly available. Exemptions shall only be vehicle. transportation of household goods subject to ju- granted for one-year periods.’’. ‘‘§ 14103. Loading and unloading motor vehi- risdiction under subchapter I of chapter 135 of ‘‘(c) The Intermodal Surface Transportation cles this title shall be subject to the antitrust laws, Board may require carriers to file special reports as defined in the first section of the Clayton Act ‘‘(a) Whenever a shipper or receiver of prop- containing information needed by the Transpor- (15 U.S.C. 12). erty requires that any person who owns or oper- tation Board. ates a motor vehicle transporting property in ‘‘(c) The Secretary shall issue regulations that interstate commerce (whether or not such trans- provide motor carriers providing transportation ‘‘CHAPTER 143—FINANCE portation is subject to jurisdiction under sub- of household goods subject to jurisdiction under ‘‘§ 14301. Security interests in certain motor chapter I of chapter 135 of this title) be assisted subchapter I of chapter 135 of this title with the vehicles in the loading or unloading of such vehicle, the maximum possible flexibility in weighing ship- ‘‘(a) In this section— shipper or receiver shall be responsible for pro- ments, consistent with assurance to the shipper ‘‘(1) ‘motor vehicle’ means a truck of rated ca- viding such assistance or shall compensate the of accurate weighing practices. The Secretary pacity (gross vehicle weight) of at least 10,000 owner or operator for all costs associated with shall not prohibit such carriers from pounds, a highway tractor of rated capacity securing and compensating the person or per- backweighing shipments or from basing their (gross combination weight) of at least 10,000 sons providing such assistance. charges on the reweigh weights if the shipper pounds, a property-carrying trailer or ‘‘(b) It shall be unlawful to coerce or attempt observes both the tare and gross weighings (or, semitrailer with at least one load-carrying axle to coerce any person providing transportation of prior to such weighings, waives in writing the of at least 10,000 pounds, or a motor bus with a property by motor vehicle for compensation in opportunity to observe such weighings) and seating capacity of at least 10 individuals. interstate commerce (whether or not such trans- such weighings are performed on the same scale. ‘‘(2) ‘lien creditor’ means a creditor having a portation is subject to jurisdiction under sub- ‘‘SUBCHAPTER II—REPORTS AND RECORDS lien on a motor vehicle and includes an assignee chapter I of chapter 135 of this title) to load or ‘‘§ 14121. Definitions for benefit of creditors from the date of assign- unload any part of such property onto or from ment, a trustee in a case under title 11 from the ‘‘In this subchapter— such vehicle or to employ or pay one or more date of filing of the petition in that case, and a ‘‘(1) ‘carrier’ and ‘broker’ include a receiver or persons to load or unload any part of such receiver in equity from the date of appointment trustee of a carrier and broker, respectively. property onto or from such vehicle, except that of the receiver. ‘‘(2) ‘association’ means an organization this subsection shall not be construed as making ‘‘(3) ‘security interest’ means an interest (in- maintained by or in the interest of a group of unlawful any activity which is not unlawful cluding an interest established by a conditional carriers or brokers providing transportation or under the National Labor Relations Act or the sales contract, mortgage, equipment trust, or service subject to jurisdiction under chapter 135 Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 other lien or title retention contract, or lease) in of this title that performs a service, or engages et seq.), commonly known as the Norris- a motor vehicle when the interest secures pay- in activities, related to transportation under this LaGuardia Act. ment or performance of an obligation. part. ‘‘§ 14104. Household goods carrier operations ‘‘(4) ‘perfection’, as related to a security inter- ‘‘(a)(1) The Secretary of Transportation may ‘‘§ 14122. Records: form; inspection; preserva- est, means taking action (including public fil- issue regulations, including regulations protect- tion ing, recording, notation on a certificate of title, ing individual shippers, in order to carry out ‘‘(a) The Secretary of Transportation or the and possession of collateral by the secured this part with respect to the transportation of Intermodal Surface Transportation Board, as party), or the existence of facts, required under household goods by motor carriers subject to ju- applicable, may prescribe the form of records re- law to make a security interest enforceable risdiction under subchapter I of chapter 135 of quired to be prepared or compiled under this against general creditors and subsequent lien this title. The regulations and paperwork re- subchapter by carriers and brokers, including creditors of a debtor, but does not include com- quired of motor carriers providing transpor- records related to movement of traffic and re- pliance with requirements related only to the es- tation of household goods shall be minimized to ceipts and expenditures of money. tablishment of a valid security interest between the maximum extent feasible consistent with the ‘‘(b) The Secretary or Transportation Board, the debtor and the secured party. protection of individual shippers. or an employee designated by the Secretary or ‘‘(b) A security interest in a motor vehicle ‘‘(2) Regulations of the Secretary protecting Transportation Board, may on demand and dis- owned by, or in the possession and use of, a car- individual shippers shall include, where appro- play of proper credentials— rier registered under section 13902 of this title S 17812 CONGRESSIONAL RECORD — SENATE November 29, 1995 and owing payment or performance of an obli- tion and if assented to by all the carriers in- ‘‘(2) The total fixed charges that result from gation secured by that security interest is per- volved, shall to that extent, approve and au- the proposed transaction. fected in all jurisdictions against all general, thorize the agreement or combination, under ‘‘(3) The interest of carrier employees affected and subsequent lien, creditors of, and all per- such rules and regulations as the Transpor- by the proposed transaction. sons taking a motor vehicle by sale (or taking or tation Board may issue, and for such consider- The Board may impose conditions governing the retaining a security interest in a motor vehicle) ation between such carriers and upon such transaction. from, that carrier when— terms and conditions as shall be found by the ‘‘(c) Within 30 days after an application is ‘‘(1) a certificate of title is issued for a motor Transportation Board to be just and reasonable. filed under this section, the Board shall either vehicle under a law of a jurisdiction that re- ‘‘(2) In the case of an application for Trans- publish a notice of the application in the Fed- quires or permits indication, on a certificate or portation Board approval of an agreement or eral Register or (2) reject the application if it is title, of a security interest in the motor vehicle combination between a motor carrier providing incomplete. if the security interest is indicated on the certifi- transportation of household goods and its ‘‘(d) Written comments about an application cate; agents to pool or divide traffic or services or any may be filed with the Board within 45 days after ‘‘(2) a certificate of title has not been issued part of their earnings, such agreement or com- notice of the application is published under sub- and the law of the State where the principal bination shall be presumed to be in the interest section (c). place of business of that carrier is located re- of better service to the public and of economy in ‘‘(e) The Board shall conclude evidentiary quires or permits public filing or recording of, or operation and not to restrain competition un- proceedings by the 240th day after notice of the in relation to, that security interest if there has duly if the practices proposed to be carried out application is published under subsection (c). been such a public filing or recording; and under such agreement or combination are the The Board shall issue a final decision by the ‘‘(3) a certificate of title has not been issued same as or similar to practices carried out under 180th day after the conclusion of the evidentiary and the security interest cannot be perfected agreements and combinations between motor proceedings. The Board may extend a time pe- under paragraph (2) of this subsection, if the se- carriers providing transportation of household riod under this subsection, except that the total curity interest has been perfected under the law goods to pool or divide traffic or service of any of all such extensions with respect to any appli- (including the conflict of laws rules) of the State part of their earnings approved by the Interstate cation shall not exceed 90 days. where the principal place of business of that Commerce Commission before the date of enact- ‘‘(f) A carrier or corporation participating in carrier is located. ment of the Interstate Commerce Commission or resulting from a transaction approved by the ‘‘§ 14302. Pooling and division of transpor- Sunset Act of 1995. Board under this section, or exempted by the tation or earnings ‘‘(3) The Transportation Board shall stream- Board from the application of this section pur- line, simplify, and expedite, to the maximum ex- suant to section 13541, may carry out the trans- ‘‘(a) A carrier providing transportation sub- tent practicable, the process (including, but not action, own and operate property, and exercise ject to jurisdiction under subchapter I of chap- limited to, any paperwork) for submission and control or franchises acquired through the ter 135 of this title may not agree or combine approval of applications under this section for transaction without the approval of a State au- with another such carrier to pool or divide traf- agreements and combinations between motor thority. A carrier, corporation, or person par- fic or services or any part of their earnings carriers providing transportation of household ticipating in that approved or exempted trans- without the approval of the Intermodal Surface goods and their agents. action is exempt from the antitrust laws and Transportation Board under this section. ‘‘(d) The Transportation Board may impose ‘‘(b) The Transportation Board may approve from all other law, including State and munici- conditions governing the pooling or division and pal law, as necessary to let that person carry and authorize an agreement or combination be- may approve and authorize payment of a rea- tween or among motor carriers of passengers, or out the transaction, hold, maintain, and operate sonable consideration between the carriers. property, and exercise control or franchises ac- between a motor carrier of passengers and a rail ‘‘(e) The Transportation Board may begin a carrier of passengers, if the carriers involved as- quired through the transaction. proceeding under this section on its own initia- ‘‘(g) This section shall not apply to trans- sent to the pooling or division and the Trans- tive or on application. actions involving carriers whose aggregate gross portation Board finds that a pooling or division ‘‘(f) A carrier may participate in an arrange- operating revenues were not more than of traffic, services, or earnings— ment approved by or exempted by the Transpor- $2,000,000 during a period of 12 consecutive ‘‘(1) will be in the interest of better service to tation Board under this section without the ap- months ending not more than 6 months before the public or of economy of operation; and proval of any other federal, State, or municipal the date of the agreement of the parties. ‘‘(2) will not unreasonably restrain competi- body. A carrier participating in an approved or ‘‘CHAPTER 145—FEDERAL-STATE tion. exempted arrangement is exempt from the anti- RELATIONS ‘‘(c)(1) Any motor carrier of property may trust laws and from all other law, including apply to the Transportation Board for approval State and municipal law, as necessary to let ‘‘§ 14501. Federal authority over intrastate of an agreement or combination with another that person carry out the arrangement. transportation such carrier to pool or divide traffic or any serv- ‘‘(g) Any agreements in operation under the ‘‘(a) MOTOR CARRIERS OF PASSENGERS.—No ices or any part of their earnings by filing such provisions of this title on the date of enactment State or political subdivision thereof and no agreement or combination with the Transpor- of the Interstate Commerce Commission Sunset interstate agency or other political agency of tation Board not less than 50 days before its ef- Act of 1995 that are succeeded by this section two or more States shall enact or enforce any fective date. Prior to the effective date of the shall remain in effect until further order of the law, rule, regulation, standard, or other provi- agreement or combination, the Transportation Transportation Board. sions having the force and effect of law relating Board shall determine whether the agreement or ‘‘§ 14303. Consolidation, merger, and acquisi- to scheduling of interstate or intrastate trans- combination is of major transportation impor- tion of control of motor carriers of pas- portation (including discontinuance or reduc- tance and whether there is substantial likeli- sengers tion in the level of service) provided by motor hood that the agreement or combination will un- ‘‘(a) APPROVAL REQUIRED.—The following carrier of passengers subject to jurisdiction duly restrain competition. If the Transportation transactions involving motor carriers of pas- under subchapter I of chapter 135 of this title on Board determines that neither of these two fac- sengers subject to jurisdiction under subchapter an interstate route or relating to the implemen- tors exists, it shall, prior to such effective date I of chapter 135 of this title may be carried out tation of any change in the rates for such trans- and without a hearing, approve and authorize only with the approval of the Intermodal Sur- portation or for charter transportation except to the agreement or combination, under such rules face Transportation Board: the extent that notice, not in excess of 30 days, and regulations as the Transportation Board ‘‘(1) Consolidation or merger of the properties of changes in schedules may be required. This may issue, and for such consideration between or franchises of at least 2 carriers into one oper- subsection shall not apply to intrastate com- such carriers and upon such terms and condi- ation for the ownership, management, and oper- muter bus operations. tions as shall be found by the Transportation ation of the previously separately owned prop- ‘‘(b) FREIGHT FORWARDERS AND TRANSPOR- Board to be just and reasonable. If the Trans- erties. TATION BROKERS.— portation Board determines either that the ‘‘(2) A purchase, lease, or contract to operate ‘‘(1) GENERAL RULE.—Subject to paragraph (2) agreement or combination is of major transpor- property of another carrier by any number of of this subsection, no State or political subdivi- tation importance or that there is substantial carriers. sion thereof and no intrastate agency or other likelihood that the agreement or combination ‘‘(3) Acquisition of control of a carrier by any political agency of two or more States shall will unduly restrain competition, the Transpor- number of carriers. enact or enforce any law, rule, regulation, tation Board shall hold a hearing concerning ‘‘(4) Acquisition of control of at least 2 car- standard, or other provision having the force whether the agreement or combination will be in riers by a person that is not a carrier. and effect of law relating to intrastate rates, the interest of better service to the public or of ‘‘(5) Acquisition of control of a carrier by a intrastate routes, or intrastate services of any economy in operation and whether it will un- person that is not a carrier but that controls freight forwarder or transportation broker. duly restrain competition and shall suspend op- any number of carriers. ‘‘(2) CONTINUATION OF HAWAII’S AUTHORITY.— eration of such agreement or combination pend- ‘‘(b) The Board shall approve and authorize a Nothing in this subsection and the amendments ing such hearing and final decision thereon. transaction under this section when it finds the made by the Surface Freight Forwarder Deregu- After such hearing, the Transportation Board transaction is consistent with the public inter- lation Act of 1986 shall be construed to affect shall indicate to what extent it finds that the est. The Board shall consider at least the follow- the authority of the State of Hawaii to continue agreement or combination will be in the interest ing: to regulate a motor carrier operating within the of better service to the public or of economy in ‘‘(1) The effect of the proposed transaction on State of Hawaii. operation and will not unduly restrain competi- the adequacy of transportation to the public. ‘‘(c) MOTOR CARRIERS OF PROPERTY.— November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17813

‘‘(1) GENERAL RULE.—Except as provided in Transportation, owned or used by a motor car- which the time worked by the employee in the paragraphs (2) and (3), a State, political sub- rier providing transportation in interstate com- State or subdivision is more than 50 percent of division of a State, or political authority of 2 or merce whether or not such transportation is the total time worked by the employee while em- more States may not enact or enforce a law, reg- subject to jurisdiction under subchapter I of ployed during the calendar year. ulation, or other provision having the force and chapter 135 of this title; and ‘‘(2) A water carrier providing transportation effect of law related to a price, route, or service ‘‘(4) ‘commercial and industrial property’ subject to the jurisdiction of the Secretary of of any motor carrier (other than a carrier affili- means property, other than transportation prop- Transportation under subchapter II of chapter ated with a direct air carrier covered by section erty and land used primarily for agricultural 135 of this title shall file income tax information 41713(b)(4) of this title) or any motor private purposes or timber growing, devoted to a com- returns and other reports only with— carrier or any transportation intermediary (as mercial or industrial use and subject to a prop- ‘‘(A) the State and subdivision of residence of defined in sections 13102(1) and 13102(7) of this erty tax levy. the employee (as shown on the employment subtitle) with respect to the transportation of ‘‘(b) The following acts unreasonably burden records of the carrier); and property. and discriminate against interstate commerce ‘‘(B) the State and subdivision in which the ‘‘(2) MATTERS NOT COVERED.—Paragraph (1)— and a State, subdivision of a State, or authority employee earned more than 50 percent of the ‘‘(A) shall not restrict the safety regulatory acting for a State or subdivision of a State may pay received by the employee from the carrier authority of a State with respect to motor vehi- not do any of them: during the preceding calendar year. cles, the authority of a State to impose highway ‘‘(1) Assess motor carrier transportation prop- ‘‘(3) This subsection applies to pay of a mas- route controls or limitations based on the size or erty at a value that has a higher ratio to the ter, officer, or sailor who is a member of the weight of the motor vehicle or the hazardous true market value of the motor carrier transpor- crew on a vessel engaged in foreign, coastwise, nature of the cargo, or the authority of a State tation property than the ratio that the assessed intercoastal or noncontiguous trade or in the to regulate motor carriers with regard to mini- value of other commercial and industrial prop- fisheries of the United States. mum amounts of financial responsibility relat- erty in the same assessment jurisdiction has to ‘‘(c) A motor and motor private carrier with- ing to insurance requirements and self-insur- the true market value of the other commercial holding pay from an employee under subsection ance authorization; and industrial property. (a) of this section shall file income tax informa- ‘‘(B) does not apply to the transportation of ‘‘(2) Levy or collect a tax on an assessment tion returns and other reports only with the household goods; and that may not be made under paragraph (1) of State and subdivision of residence of the em- ‘‘(C) does not apply to the authority of a State this subsection. ployee. or a political subdivision of a State to enact or ‘‘(3) Levy or collect an ad valorem property ‘‘§ 14504. State tax enforce a law, regulation, or other provision re- tax on motor carrier transportation property at ‘‘A State or political subdivision thereof may lating to the price and related conditions of for- a tax rate that exceeds the tax rate applicable to not collect or levy a tax, fee, head charge, or hire motor vehicle transportation by a tow commercial and industrial property in the same other charge on— truck, if such transportation is performed— assessment jurisdiction. ‘‘(1) a passenger traveling in interstate com- ‘‘(i) at the request of a law enforcement agen- ‘‘(c) Notwithstanding section 1341 of title 28 merce by motor carrier; cy; or and without regard to the amount in con- ‘‘(2) the transportation of a passenger travel- ‘‘(ii) without the prior consent or authoriza- troversy or citizenship of the parties, a district ing in interstate commerce by motor carrier; tion of the owner or operator of the motor vehi- court of the United States has jurisdiction, con- ‘‘(3) the sale of passenger transportation in cle. current with other jurisdiction of courts of the interstate commerce by motor carrier; or ‘‘(3) STATE STANDARD TRANSPORTATION PRAC- United States and the States, to prevent a viola- ‘‘(4) the gross receipts derived from such TICES.— tion of subsection (b) of this section. Relief may transportation. ‘‘(A) CONTINUATION.—Paragraph (1) shall not be granted under this subsection only if the ‘‘§ 14505. Single State registration system affect any authority of a State, political sub- ratio of assessed value to true market value of ‘‘(a) DEFINITIONS.—In this section, the terms division of a State, or political authority of 2 or motor carrier transportation property exceeds by more States to enact or enforce a law, regula- ‘standards’ and ‘amendments to standards’ at least 5 percent, the ratio of assessed value to mean the specification of forms and procedures tion, or other provision, with respect to the true market value of other commercial and in- intrastate transportation of property by motor required by regulations of the Secretary to prove dustrial property in the same assessment juris- the lawfulness of transportation by motor car- carriers, related to— diction. The burden of proof in determining as- ‘‘(i) uniform cargo liability rules, rier referred to in section 13501. sessed value and true market value is governed ‘‘(ii) uniform bills of lading or receipts for ‘‘(b) GENERAL RULE.—The requirement of a by State law. If the ratio of the assessed value property being transported, State that a motor carrier, providing transpor- ‘‘(iii) uniform cargo credit rules, or of other commercial and industrial property in tation subject to jurisdiction under subchapter I ‘‘(iv) antitrust immunity for joint line rates or the assessment jurisdiction to the true market of chapter 135 and providing transportation in routes, classifications, and mileage guides, value of all other commercial and industrial that State, must register with the State is not an property cannot be determined to the satisfac- if such law, regulation, or provision meets the unreasonable burden on transportation referred tion of the district court through the random- requirements of subparagraph (B). to in section 13501 when the State registration is sampling method known as a sales assessment ‘‘(B) REQUIREMENTS.—A law, regulation, or completed under standards of the Secretary ratio study (to be carried out under statistical provision of a State, political subdivision, or po- under subsection (c). When a State registration principles applicable to such a study), the court litical authority meets the requirements of this requirement imposes obligations in excess of the shall find, as a violation of this section— subparagraph if— standards of the Secretary, the part in excess is ‘‘(i) the law, regulation, or provision covers ‘‘(1) an assessment of the motor carrier trans- an unreasonable burden. the same subject matter as, and compliance with portation property at a value that has a higher ‘‘(c) SINGLE STATE REGISTRATION SYSTEM.— ‘‘(1) IN GENERAL.—The Secretary shall main- such law, regulation, or provision is no more ratio to the true market value of the motor car- tain standards for implementing a system under burdensome than compliance with, a provision rier transportation property than the assessment which— of this part or a regulation issued by the Sec- value of all other property subject to a property ‘‘(A) a motor carrier is required to register an- retary of Transportation or the Intermodal Sur- tax levy in the assessment jurisdiction has to the nually with only one State by providing evi- face Transportation Board under this part; and true market value of all such other property; dence of its Federal registration under chapter ‘‘(ii) the law, regulation, or provision only ap- and 139; plies to a carrier upon request of such carrier. ‘‘(2) the collection of ad valorem property tax ‘‘(B) the State of registration shall fully com- ‘‘(C) ELECTION.—Notwithstanding any other on the motor carrier transportation property at ply with standards prescribed under this sec- provision of law, a carrier affiliated with a di- a tax rate that exceeds the tax ratio rate appli- tion; and rect air carrier through common controlling cable to taxable property in the taxing district. ‘‘(C) such single State registration shall be ownership may elect to be subject to a law, reg- ‘‘§ 14503. Withholding State and local income deemed to satisfy the registration requirements ulation, or provision of a State, political sub- tax by certain carriers of all other States. division, or political authority under this para- ‘‘(a)(1) No part of the compensation paid by a ‘‘(2) SPECIFIC REQUIREMENTS.— graph. motor carrier providing transportation subject to ‘‘(A) EVIDENCE OF CERTIFICATE; PROOF OF IN- ‘‘(4) This subsection shall not apply with re- jurisdiction under subchapter I of chapter 135 of SURANCE; PAYMENT OF FEES.—Under the stand- spect to the State of Hawaii until August 22, this title or by a motor private carrier to an em- ards of the Secretary implementing the single 1997. ployee who performs regularly assigned duties State registration system described in paragraph ‘‘§ 14502. Tax discrimination against motor in 2 or more States as such an employee with re- (1) of this subsection, only a State acting in its carrier transportation property spect to a motor vehicle shall be subject to the capacity as registration State under such single ‘‘(a) In this section— income tax laws of any State or subdivision of State system may require a motor carrier hold- ‘‘(1) ‘assessment’ means valuation for a prop- that State, other than the State or subdivision ing a certificate or permit issued under this erty tax levied by a taxing district; thereof of the employee’s residence. part— ‘‘(2) ‘assessment jurisdiction’ means a geo- ‘‘(2) In this subsection ‘employee’ has the ‘‘(i) to file and maintain evidence of such cer- graphical area in a State used in determining meaning given such term in section 31132 of this tificate or permit; the assessed value of property for ad valorem title. ‘‘(ii) to file satisfactory proof of required in- taxation; ‘‘(b)(1) In this subsection, an employee is surance or qualification as a self-insurer; ‘‘(3) ‘motor carrier transportation property’ deemed to have earned more than 50 percent of ‘‘(iii) to pay directly to such State fee amounts means property, as defined by the Secretary of pay in a State or subdivision of that State in in accordance with the fee system established S 17814 CONGRESSIONAL RECORD — SENATE November 29, 1995 under subparagraph (B)(iv) of this paragraph, applicable, may dismiss a complaint that it de- order the carrier to pay the amount awarded by subject to allocation of fee revenues among all termines does not state reasonable grounds for a specific date. The Transportation Board or States in which the carrier operates and which investigation and action. Secretary, as applicable, may order a carrier or participate in the single State registration sys- ‘‘(c) A formal investigative proceeding begun broker providing transportation or service sub- tem; and by the Secretary or Transportation Board under ject to jurisdiction under chapter 135 of this title ‘‘(iv) to file the name of a local agent for serv- subsection (a) of this section is dismissed auto- to pay damages only when the proceeding is on ice of process. matically unless it is concluded with administra- complaint. The person for whose benefit an ‘‘(B) RECEIPTS; FEE SYSTEM.—The standards tive finality by the end of the third year after order of the Transportation Board or Secretary of the Secretary— the date on which it was begun. requiring the payment of money is made may ‘‘(i) shall require that the registration State ‘‘§ 14702. Enforcement by the regulatory au- bring a civil action to enforce that order under issue a receipt, in a form, reflecting that the car- thority this paragraph if the carrier or broker does not rier has filed proof of insurance as provided ‘‘(a) The Secretary of Transportation or the pay the amount awarded by the date payment under subparagraph (A)(ii) of this subsection Intermodal Surface Transportation Board, as was ordered to be made. and has paid fee amounts in accordance with ‘‘(d)(1) When a person begins a civil action applicable, may bring a civil action— the fee system established under clause (iv) of under subsection (b) of this section to enforce an ‘‘(1) to enforce section 14103 of this title; or this subparagraph; order of the Transportation Board or Secretary ‘‘(2) to enforce this part, or a regulation or ‘‘(ii) shall require that copies of the receipt is- requiring the payment of damages by a carrier order of the Secretary or Transportation Board, sued under clause (i) of this paragraph be kept or broker providing transportation or service as applicable, when violated by a carrier or in each of the carrier’s commercial motor vehi- subject to jurisdiction under chapter 135 of this broker providing transportation or service sub- cles; title, the text of the order of the Transportation ject to jurisdiction under subchapter I or III of ‘‘(iii) shall not require decals, stamps, cab Board or Secretary must be included in the com- chapter 135 of this title or by a foreign motor cards, or any other means of registering or iden- plaint. In addition to the district courts of the carrier or foreign motor private carrier provid- tifying specific vehicles operated by the carrier; United States, a State court of general jurisdic- ing transportation registered under section 13902 ‘‘(iv) shall establish a fee system for the filing tion having jurisdiction of the parties has juris- of this title. of proof of insurance as provided under sub- diction to enforce an order under this para- paragraph (A)(ii) of this subsection that— ‘‘(b) In a civil action under subsection (a)(2) of this section— graph. The findings and order of the Transpor- ‘‘(I) is based on the number of commercial tation Board or Secretary are competent evi- motor vehicles the carrier operates in a State ‘‘(1) trial is in the judicial district in which the carrier, foreign motor carrier, foreign motor dence of the facts stated in them. Trial in a civil and on the number of States in which the car- action brought in a district court of the United rier operates, private carrier, or broker operates; ‘‘(2) process may be served without regard to States under this paragraph is in the judicial ‘‘(II) minimizes the costs of complying with district in which the plaintiff resides or in the registration system, and the territorial limits of the district or of the State in which the action is instituted; and which the principal operating office of the car- ‘‘(III) results in a fee for each participating rier or broker is located. In a civil action under State that is equal to the fee, not to exceed $10 ‘‘(3) a person participating with a carrier or broker in a violation may be joined in the civil this paragraph, the plaintiff is liable for only per vehicle, that such State collected or charged those costs that accrue on an appeal taken by as of November 15, 1991; and action without regard to the residence of the person. the plaintiff. ‘‘(v) shall not authorize the charging or col- ‘‘(2) All parties in whose favor the award was lection of any fee for filing and maintaining a ‘‘(c) The Transportation Board, through its own attorneys, may bring or participate in any made may be joined as plaintiffs in a civil action certificate or permit under subparagraph (A)(i) brought in a district court of the United States of this paragraph. civil action involving motor carrier under- charges. under this subsection and all the carriers that ‘‘(C) PROHIBITED FEES.—The charging or col- are parties to the order awarding damages may lection of any fee under this section that is not ‘‘§ 14703. Enforcement by the Attorney General be joined as defendants. Trial in the action is in in accordance with the fee system established ‘‘The Attorney General may, and on request the judicial district in which any one of the under subparagraph (B)(iv) of this paragraph of either the Secretary of Transportation or plaintiffs could bring the action against any one shall be deemed to be a burden on interstate Intermodal Surface Transportation Board shall, of the defendants. Process may be served on a commerce. bring court proceedings (1) to enforce this part defendant at its principal operating office when ‘‘(D) LIMITATION ON PARTICIPATION BY or a regulation or order of the Secretary or that defendant is not in the district in which the STATES.—Only a State which, as of January 1, Transportation Board or terms of registration action is brought. A judgment ordering recovery 1991, charged or collected a fee for a vehicle under this part and (2) to prosecute a person may be made in favor of any of those plaintiffs identification stamp or number under part 1023 violating this part or a regulation or order of against the defendant found to be liable to that of title 49, Code of Federal Regulations, shall be the Secretary or Transportation Board or term plaintiff. eligible to participate as a registration State of registration under this part. ‘‘(3) The district court shall award a reason- under this subsection or to receive any fee reve- ‘‘§ 14704. Rights and remedies of persons in- able attorney’s fee as a part of the damages for nue under this subsection. jured by carriers or brokers which a carrier or broker is found liable under ‘‘CHAPTER 147—ENFORCEMENT; ‘‘(a) A person injured because a carrier or this subsection. The district court shall tax and INVESTIGATIONS; RIGHTS; REMEDIES broker providing transportation or service sub- collect that fee as a part of the costs of the ac- ‘‘§ 14701. General authority ject to jurisdiction under chapter 135 of this title tion. ‘‘(a) The Secretary of Transportation or the does not obey an order of the Secretary of ‘‘§ 14705. Limitation on actions by and against Intermodal Surface Transportation Board, as Transportation or the Intermodal Surface carriers applicable, may begin an investigation under Transportation Board, as applicable, under this ‘‘(a) A carrier providing transportation or this part on the Secretary’s or the Transpor- part, except an order for the payment of money, service subject to jurisdiction under chapter 135 tation Board’s own initiative or on complaint. If may bring a civil action to enforce that order of this title must begin a civil action to recover the Secretary or Transportation Board, as ap- under this subsection. charges for transportation or service provided plicable finds that a carrier or broker is violat- ‘‘(b)(1) A carrier providing transportation or by the carrier within 18 months after the claim ing this part, the Secretary or Transportation service subject to jurisdiction under chapter 135 accrues. Board, as applicable, shall take appropriate ac- of this title is liable to a person for amounts ‘‘(b) A person must begin a civil action to re- tion to compel compliance with this part. If the charged that exceed the applicable rate for cover overcharges within 18 months after the Secretary finds that a foreign motor carrier or transportation or service contained in a tariff claim accrues. If the claim is against a carrier foreign motor private carrier is violating chapter filed under section 13702 of this title. providing transportation subject to jurisdiction 139 of this title, the Secretary shall take appro- ‘‘(2) A carrier or broker providing transpor- under chapter 135 of this title and an election to priate action to compel compliance with that tation or service subject to jurisdiction under file a complaint with the Intermodal Surface chapter. The Secretary or Transportation chapter 135 of this title is liable for damages sus- Transportation Board or Secretary of Transpor- Board, as applicable, may take action under tained by a person as a result of an act or omis- tation, as applicable, is made under section this subsection only after giving the carrier or sion of that carrier or broker in violation of this 14704(c)(1), the complaint must be filed within 3 broker notice of the investigation and an oppor- part. years after the claim accrues. tunity for a proceeding. ‘‘(c)(1) A person may file a complaint with the ‘‘(c) A person must file a complaint with the ‘‘(b) A person, including a governmental au- Transportation Board or the Secretary, as ap- Transportation Board or Secretary, as applica- thority, may file with the Secretary or Trans- plicable, under section 14701(b) of this title or ble, to recover damages under section 14704(b)(2) portation Board, as applicable, a complaint bring a civil action under subsection (b) (1) or of this title within 2 years after the claim ac- about a violation of this part by a carrier pro- (2) of this section to enforce liability against a crues. viding, or broker for, transportation or service carrier or broker providing transportation or ‘‘(d) The limitation periods under subsection subject to jurisdiction under this part or a for- service subject to jurisdiction under chapter 135 (b) of this section are extended for 6 months eign motor carrier or foreign motor private car- of this title. from the time written notice is given to the rier providing transportation registered under ‘‘(2) When the Transportation Board or Sec- claimant by the carrier of disallowance of any section 13902 of this title. The complaint must retary, as applicable, makes an award under part of the claim specified in the notice if a writ- state the facts that are the subject of the viola- subsection (b) of this section, the Transpor- ten claim is given to the carrier within those tion. The Secretary or Transportation Board, as tation Board or Secretary, as applicable, shall limitation periods. The limitation periods under November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17815 subsection (b) of this section and the 2-year pe- value established by written or electronic dec- of this section. The Secretary may notify the riod under subsection (c) of this section are ex- laration of the shipper or by a mutual written district court in which the action is pending tended for 90 days from the time the carrier be- agreement between the carrier and shipper. that the Secretary intends to consider the matter gins a civil action under subsection (a) of this ‘‘(2) If loss or injury to property occurs while that is the subject of the complaint in a proceed- section to recover charges related to the same it is in the custody of a water carrier, the liabil- ing before the Secretary. When that notice is transportation or service, or collects (without ity of that carrier is determined by its bill of lad- filed, the court shall stay further action pending beginning a civil action under that subsection) ing and the law applicable to water transpor- disposition of the proceeding before the Sec- the charge for that transportation or service if tation. The liability of the initial or delivering retary. that action is begun or collection is made within carrier is the same as the liability of the water ‘‘(c) In a civil action under subsection (a) of the appropriate period. carrier. this section, the court may determine the ‘‘(e) A person must begin a civil action to en- ‘‘(d)(1) A civil action under this section may amount of and award a reasonable attorney’s force an order of the Transportation Board or be brought against a delivering carrier (other fee to the prevailing party. That fee is in addi- Secretary against a carrier for the payment of than a rail carrier) in a district court of the tion to costs allowable under the Federal Rules money within one year after the date the order United States or in a State court. Trial, if the of Civil Procedure. required the money to be paid. action is brought in a district court of the Unit- ‘‘§ 14708. Dispute settlement program for ‘‘(f) This section applies to transportation for ed States is in a judicial district, and if in a household goods carriers the United States Government. The time limita- State court, is in a State through which the de- ‘‘(a)(1) As a condition of registration under tions under this section are extended, as related fendant carrier operates. section 13902 or 13903 of this title, a carrier pro- to transportation for or on behalf of the United ‘‘(2)(A) A civil action under this section may viding transportation of household goods sub- States Government, for 3 years from the date of be brought against the carrier alleged to have ject to jurisdiction under subchapter I or III of (1) payment of the rate for the transportation or caused the loss or damage, in the judicial dis- chapter 135 of this title must agree to offer to service involved, (2) subsequent refund for over- trict in which such loss or damage is alleged to shippers neutral arbitration as a means of set- payment of that rate, or (3) deduction made have occurred. tling disputes between such carriers and ship- under section 3726 of title 31, whichever is later. ‘‘(B) A civil action under this section may be pers of household goods concerning the trans- ‘‘(g) A claim related to a shipment of property brought in a United States district court or in a portation of household goods. accrues under this section on delivery or tender State court. ‘‘(b)(1) The arbitration that is offered must be of delivery by the carrier. ‘‘(C) In this section, ‘judicial district’ means designed to prevent a carrier from having any ‘‘§ 14706. Liability of carriers under receipts (i) in the case of a United States district court, special advantage in any case in which the and bills of lading a judicial district of the United States, and (ii) claimant resides or does business at a place dis- in the case of a State court, the applicable geo- ‘‘(a)(1) A carrier providing transportation or tant from the carrier’s principal or other place graphic area over which such court exercises ju- service subject to jurisdiction under subchapter of business. risdiction. ‘‘(2) The carrier must provide the shipper an I or III of chapter 135 of this title shall issue a ‘‘(e) A carrier may not provide by rule, con- adequate notice of the availability of neutral ar- receipt or bill of lading for property it receives tract, or otherwise, a period of less than 9 bitration, including a concise easy-to-read, ac- for transportation under this part. That carrier months for filing a claim against it under this curate summary of the arbitration procedure and any other carrier that delivers the property section and a period of less than 2 years for and disclosure of the legal effects of election to and is providing transportation or service sub- bringing a civil action against it under this sec- utilize arbitration. Such notice must be given to ject to jurisdiction under subchapter I or III of tion. The period for bringing a civil action is persons for whom household goods are to be chapter 135 or chapter 105 of this title are liable computed from the date the carrier gives a per- transported by the carrier before such goods are to the person entitled to recover under the re- son written notice that the carrier has dis- tendered to the carrier for transportation. ceipt or bill of lading. The liability imposed allowed any part of the claim specified in the ‘‘(3) Upon request of a shipper, the carrier under this paragraph is for the actual loss or in- notice. For the purposes of this subsection— must promptly provide such forms and other injury to the property caused by (1) the receiving ‘‘(1) an offer of compromise shall not con- formation as are necessary for initiating an ac- carrier, (2) the delivering carrier, or (3) another stitute a disallowance of any part of the claim tion to resolve a dispute under arbitration. carrier over whose line or route the property is unless the carrier, in writing, informs the claim- ‘‘(4) Each person authorized to arbitrate or transported in the United States or from a place ant that such part of the claim is disallowed otherwise settle disputes must be independent of in the United States to a place in an adjacent and provides reasons for such disallowance; and the parties to the dispute and must be capable, foreign country when transported under a ‘‘(2) communications received from a carrier’s as determined under such regulations as the through bill of lading and, except in the case of insurer shall not constitute a disallowance of Secretary of Transportation may issue, to re- a freight forwarder, applies to property any part of the claim unless the insurer, in writ- solve such disputes fairly and expeditiously. reconsigned or diverted under a tariff filed ing, informs the claimant that such part of the The carrier must ensure that each person chosen under section 13702 of this title. Failure to issue claim is disallowed, provides reason for such to settle the disputes is authorized and able to a receipt or bill of lading does not affect the li- disallowance, and informs the claimant that the obtain from the shipper or carrier any material ability of a carrier. A delivering carrier is insurer is acting on behalf of the carrier. and relevant information to the extent necessary deemed to be the carrier performing the line- ‘‘(f) A carrier or group of carriers subject to to carry out a fair and expeditious decision haul transportation nearest the destination but jurisdiction under subchapter I or III of chapter making process. does not include a carrier providing only a 135 of this title may petition the Transportation ‘‘(5) No fee for instituting an arbitration pro- switching service at the destination. Board to modify, eliminate, or establish rates for ceeding may be charged the shipper; except ‘‘(2) A freight forwarder is both the receiving the transportation of household goods under that, if the arbitration is binding solely on the and delivering carrier. When a freight forwarder which the liability of the carrier for that prop- carrier, the shipper may be charged a fee of not provides service and uses a motor carrier provid- erty is limited to a value established by written more than $25 for instituting an arbitration pro- ing transportation subject to jurisdiction under declaration of the shipper or by a written agree- ceeding. In any case in which a shipper is subchapter I of chapter 135 of this title to re- ment. charged a fee under this paragraph for institut- ceive property from a consignor, the motor car- ‘‘(g) Within one year after enactment of the ing an arbitration proceeding and such dispute rier may execute the bill of lading or shipping Interstate Commerce Commission Sunset Act of is settled in favor of the shipper, the person set- receipt for the freight forwarder with its con- 1995, the Secretary shall deliver to the appro- tling the dispute must refund such fee to the sent. With the consent of the freight forwarder, priate Congressional authorizing committees a shipper unless the person settling the dispute a motor carrier may deliver property for a report on the benefit of revising or modifying determines that such refund is inappropriate. freight forwarder on the freight forwarder’s bill the terms or applicability of this section, to- ‘‘(6) The carrier must not require the shipper of lading, freight bill, or shipping receipt to the gether with any proposed legislation to imple- to agree to utilize arbitration prior to the time consignee named in it, and receipt for the prop- ment the study’s recommendations, if any. that a dispute arises. erty may be made on the freight forwarder’s de- ‘‘(7) The arbitrator may provide for an oral livery receipt. ‘‘§ 14707. Private enforcement of registration presentation of a dispute concerning transpor- ‘‘(b) The carrier issuing the receipt or bill of requirement tation of household goods by a party to the dis- lading under subsection (a) of this section or de- ‘‘(a) If a person provides transportation by pute (or a party’s representative), but such oral livering the property for which the receipt or bill motor vehicle or service in clear violation of sec- presentation may be made only if all parties to of lading was issued is entitled to recover from tion 13901–13904 or 13906 of this title, a person the dispute expressly agree to such presentation the carrier over whose line or route the loss or injured by the transportation or service may and the date, time, and location of such presen- injury occurred the amount required to be paid bring a civil action to enforce any such section. tation. to the owners of the property, as evidenced by In a civil action under this subsection, trial is in ‘‘(8) The arbitrator must, as expeditiously as a receipt, judgment, or transcript, and the the judicial district in which the person who possible but at least within 60 days of receipt of amount of its expenses reasonably incurred in violated that section operates. written notification of the dispute, render a de- defending a civil action brought by that person. ‘‘(b) A copy of the complaint in a civil action cision based on the information gathered, except ‘‘(c)(1) A carrier may limit liability imposed under subsection (a) of this section shall be that, in any case in which a party to the dis- under subsection (a) by establishing rates for served on the Secretary of Transportation and a pute fails to provide in a timely manner any in- the transportation of property (other than certificate of service must appear in the com- formation concerning such dispute which the household goods) under which the liability of plaint filed with the court. The Secretary may person settling the dispute may reasonably re- the carrier for such property is limited to a intervene in a civil action under subsection (a) quire to resolve the dispute, the arbitrator may S 17816 CONGRESSIONAL RECORD — SENATE November 29, 1995 extend such 60-day period for a reasonable pe- foreign carrier registered under section 13902 of the violation occurred, or (4) the offender is riod of time. A decision resolving a dispute may this title, or an officer, agent, or employee of found. Process in the action may be served in include any remedies appropriate under the cir- that person that (1) does not make the report, the judicial district of which the offender is an cumstances, including repair, replacement, re- (2) does not specifically, completely, and truth- inhabitant or in which the offender may be fund, reimbursement for expenses, and com- fully answer the question, (3) does not make, found. pensation for damages. prepare, or preserve the record in the form and ‘‘§ 14902. Civil penalty for accepting rebates ‘‘(c) Materials and information obtained in manner prescribed, (4) does not comply with sec- from carrier the course of a decision making process to settle tion 13901 of this title, or (5) does not comply ‘‘A person— a dispute by arbitration under this section may with section 13902(c) of this title is liable to the ‘‘(1) delivering property to a carrier providing not be used to bring an action under section United States Government for a civil penalty of transportation or service subject to jurisdiction 14905 of this title. not less than $500 for each violation and for under chapter 135 of this title for transportation ‘‘(d) In any court action to resolve a dispute each additional day the violation continues; ex- under this part or for whom that carrier will between a shipper of household goods and a cept that, in the case of a person who does not transport the property as consignor or consignee motor carrier providing transportation or service have authority under this part to provide trans- for that person from a State or territory or pos- subject to jurisdiction under subchapter I or III portation of passengers, or an officer, agent, or session of the United States to another State or of chapter 135 of this title concerning the trans- employee of such person, that does not comply possession, territory, or to a foreign country; portation of household goods by such carrier, with section 13901 of this title with respect to and the shipper shall be awarded reasonable attor- providing transportation of passengers, the ‘‘(2) knowingly accepting or receiving by any ney’s fees if— amount of the civil penalty shall not be less means a rebate or offset against the rate for ‘‘(1) the shipper submits a claim to the carrier than $2,000 for each violation and for each ad- transportation for, or service of, that property within 120 days after the date the shipment is ditional day the violation continues. contained in a tariff required under section delivered or the date the delivery is scheduled, ‘‘(b) A person subject to jurisdiction under 13702 of this title, whichever is later; subchapter I of chapter 135 of this title, or an is liable to the United States Government for a ‘‘(2) the shipper prevails in such court action; officer, agent, or employee of that person, and civil penalty in an amount equal to 3 times the and who is required to comply with section 13901 of amount of money that person accepted or re- ‘‘(3)(A) a decision resolving the dispute was this title but does not so comply with respect to ceived as a rebate or offset and 3 times the value not rendered through arbitration under this sec- the transportation of hazardous wastes as de- of other consideration accepted or received as a tion within the period provided under sub- fined by the Environmental Protection Agency rebate or offset. In a civil action under this sec- section (b)(8) of this section or an extension of pursuant to section 3001 of the Solid Waste Dis- tion, all money or other consideration received such period under such subsection; or posal Act (but not including any waste the reg- by the person during a period of 6 years before ‘‘(B) the court proceeding is to enforce a deci- ulation of which under the Solid Waste Disposal an action is brought under this section may be sion rendered through arbitration under this Act has been suspended by Congress) shall be included in determining the amount of the pen- section and is instituted after the period for per- liable to the United States for a civil penalty not alty, and if that total amount is included, the formance under such decision has elapsed. to exceed $20,000 for each violation. penalty shall be 3 times that total amount. ‘‘(c) In determining and negotiating the ‘‘(e) In any court action to resolve a dispute ‘‘§ 14903. Tariff violations between a shipper of household goods and a amount of a civil penalty under subsection (a) or (d) concerning transportation of household ‘‘(a) A person that knowingly offers, grants, carrier providing transportation, or service sub- gives, solicits, accepts, or receives by any means ject to jurisdiction under subchapter I or III of goods, the degree of culpability, any history of prior such conduct, the degree of harm to ship- transportation or service provided for property chapter 135 of this title concerning the transpor- by a carrier subject to jurisdiction under chap- tation of household goods by such carrier, such per or shippers, ability to pay, the effect on ability to do business, whether the shipper has been ter 135 of this title at less than the rate in effect carrier may be awarded reasonable attorney’s under section 13702 of this title shall be fined at fees by the court only if the shipper brought adequately compensated before institution of the proceeding, and such other matters as fairness least $1,000 but not more than $20,000, impris- such action in bad faith— oned for not more than 2 years, or both. ‘‘(1) after resolution of such dispute through may require shall be taken into account. ‘‘(d) If a carrier providing transportation of ‘‘(b) A carrier providing transportation or arbitration under this section; or household goods subject to jurisdiction under service subject to jurisdiction under chapter 135 ‘‘(2) after institution of an arbitration pro- subchapter I or III of chapter 135 of this title or of this title or an officer, director, receiver, ceeding by the shipper to resolve such dispute a receiver or trustee of such carrier fails or re- trustee, lessee, agent, or employee of a corpora- under this section but before (A) the period pro- fuses to comply with any regulation issued by tion that is subject to jurisdiction under that vided under subsection (b)(8) for resolution of the Secretary or the Transportation Board relat- chapter, that willfully does not observe its tar- such dispute (including, if applicable, an exten- ing to protection of individual shippers, such iffs as required under section 13702 of this title, sion of such period under such subsection) ends, carrier, receiver, or trustee is liable to the Unit- shall be fined at least $1,000 but not more than and (B) a decision resolving such dispute is ren- ed States for a civil penalty of not less than $20,000, imprisoned for not more than 2 years, or dered. $1,000 for each violation and for each additional both. ‘‘(f) The provisions of this section shall apply day during which the violation continues. ‘‘(c) When acting in the scope of their employ- only in the case of collect-on-delivery transpor- ‘‘(e) Any person that knowingly engages in or ment, the actions and omissions of persons act- tation of those types of household goods de- knowingly authorizes an agent or other person ing for or employed by a carrier or shipper that scribed in section 13102(9)(A) of this title. (1) to falsify documents used in the transpor- is subject to subsection (a) or (b) of this section ‘‘§ 14709. Tariff reconciliation rules for motor tation of household goods subject to jurisdiction are considered to be the actions and omissions of carriers of property under subchapter I or III of chapter 135 of this that carrier or shipper as well as that person. ‘‘Subject to review and approval by the Inter- title which evidence the weight of a shipment, or ‘‘(d) Trial in a criminal action under this sec- modal Surface Transportation Board, motor car- (2) to charge for accessorial services which are tion is in the judicial district in which any part riers subject to jurisdiction under subchapter I not performed or for which the carrier is not en- of the violation is committed or through which of chapter 135 of this title (other than motor car- titled to be compensated in any case in which the transportation is conducted. riers providing transportation of household such services are not reasonably necessary in ‘‘§ 14904. Additional rate violations goods) and shippers may resolve, by mutual con- the safe and adequate movement of the ship- ‘‘(a) A person, or an officer, employee, or sent, overcharge and under-charge claims re- ment, is liable to the United States for a civil agent of that person, that— sulting from incorrect tariff provisions or billing penalty of not less than $2,000 for each violation ‘‘(1) knowingly offers, grants, gives, solicits, errors arising from the inadvertent failure to and of not less than $5,000 for each subsequent accepts, or receives a rebate for concession, in properly and timely file and maintain agreed violation. Any State may bring a civil action in violation of a provision of this part related to upon rates, rules, or classifications in compli- the United States district courts to compel a per- motor carrier transportation subject to jurisdic- ance with section 13702 of this part or sections son to pay a civil penalty assessed under this tion under subchapter I of chapter 135 of this 10761 and 10762 of this title prior to the effective subsection. title; or date of the Interstate Commerce Commission ‘‘(f) A person, or an officer, employee, or ‘‘(2) by any means knowingly and willfully Sunset Act of 1995. Resolution of such claims agent of that person, that knowingly pays ac- assists or permits another person to get trans- among the parties shall not subject any party to cepts, or solicits a reduced rate or rates in viola- portation that is subject to jurisdiction under the penalties for departing from a filed tariff. tion of the regulations issued under section that subchapter at less than the rate in effect 13707 of this title is liable to the injured party or for that transportation under section 13702 of ‘‘CHAPTER 149—CIVIL AND CRIMINAL the United States for a civil penalty of not less this title, PENALTIES than $5,000 and not more than $10,000 plus 3 shall be fined at least $200 for the first violation ‘‘§ 14901. General civil penalties times the amount of damages which a party in- and at least $250 for a subsequent violation. ‘‘(a) A person required to make a report to the curs because of such violation. ‘‘(b)(1) A freight forwarder providing service Secretary of Transportation or to the Inter- ‘‘(g) Trial in a civil action under subsections subject to jurisdiction under subchapter III of modal Surface Transportation Board, answer a (a) through (f) of this section is in the judicial chapter 135 of this title, or an officer, agent, or question, or make, prepare, or preserve a record district in which (1) the carrier or broker has its employee of that freight forwarder, that know- under this part concerning transportation sub- principal office, (2) the carrier or broker was au- ingly and willfully assists a person in getting, or ject to jurisdiction under subchapter I or III of thorized to provide transportation or service willingly permits a person to get, service pro- chapter 135 of this title or transportation by a under this part when the violation occurred, (3) vided under that subchapter at less than the November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17817 rate in effect for that service under section 13702 ‘‘(b) This part does not prevent a carrier or sponsibility requirements under sections 31140 of this title, shall be fined not more than $500 broker providing transportation subject to juris- and 31146 of this title, or regulations issued for the first violation and not more than $2,000 diction under chapter 135 of this title from giv- thereunder.’’ for a subsequent violation. ing information— SEC. 452. AMENDMENT OF SECTION 31138. ‘‘(2) A person that knowingly and willfully by ‘‘(1) in response to legal process issued under (a) Section 31138(c) is amended by adding at any means gets, or attempts to get, service pro- authority of a court of the United States or a the end thereof the following new paragraph: vided under subchapter III of chapter 135 of this State; ‘‘(3) A motor carrier may obtain the required ‘‘(2) to an officer, employee, or agent of the title at less than the rate in effect for that serv- amount of financial responsibility from more United States Government, a State, or a terri- ice under section 13702 of this title, shall be than one source provided the cumulative fined not more than $500 for the first violation tory or possession of the United States; or amount is equal to the minimum requirements of and not more than $2,000 for a subsequent viola- ‘‘(3) to another carrier or its agent to adjust this section.’’. tion. mutual traffic accounts in the ordinary course (b) Section 31138(e) is amended— of business. ‘‘§ 14905. Penalties for violations of rules re- (1) by striking ‘‘or’’ at the end of paragraph lating to loading and unloading motor vehi- ‘‘§ 14909. Disobedience to subpenas (2); cles ‘‘A person not obeying a subpena or require- (2) by striking the period at the end of para- ‘‘(a) Any person who knowingly authorizes, ment of the Secretary of Transportation or the graph (3) and inserting ‘‘; or’’; and consents to, or permits a violation of subsection Intermodal Surface Transportation Board to ap- (3) by adding at the end the following: (a) or (b) of section 14103 of this title or who pear and testify or produce records shall be ‘‘(4) providing mass transportation service knowingly violates subsection (a) of such sec- fined not less than $5,000, imprisoned for not within a transit service area under an agree- tion is liable to the United States Government more than one year, or both. ment with a Federal, State, or local government for a civil penalty of not more than $10,000 for ‘‘§ 14910. General criminal penalty when spe- funded, in whole or in part, with a grant under each violation. cific penalty not provided section 5307, 5310, or 5311, including transpor- ‘‘(b) Any person who knowingly violates sec- ‘‘When another criminal penalty is not pro- tation designed and carried out to meet the spe- tion 14103(b) of this title shall be fined not more vided under this chapter, a person that know- cial needs of elderly individuals and individuals than $10,000, imprisoned for not more than 2 ingly and willfully violates a provision of this with disabilities; Provided That, in any case in years, or both. part or a regulation or order prescribed under which the transit service area is located in more ‘‘§ 14906. Evasion of regulation of carriers and this part, or a condition of a registration under than 1 State, the minimum level of financial re- brokers this part related to transportation that is sub- sponsibility for such motor vehicle will be at ‘‘A person, or an officer, employee, or agent of ject to jurisdiction under subchapter I or III of least the highest level required for any of such that person that by any means knowingly and chapter 135 of this title or a condition of a reg- States.’’. willfully tries to evade regulation provided istration under section 13902 of this title, shall (c) Section 31139(e) is amended by adding at under this part for carriers or brokers shall be be fined at least $500 for the first violation and the end thereof the following: fined at least $200 for the first violation and at at least $500 for a subsequent violation. A sepa- ‘‘(3) A motor carrier may obtain the required least $250 for a subsequent violation. rate violation occurs each day the violation con- amount of financial responsibility from more ‘‘§ 14907. Record keeping and reporting viola- tinues. than one source provided the cumulative tions ‘‘§ 14911. Punishment of corporation for viola- amount is equal to the minimum requirements of ‘‘A person required to make a report to the tions committed by certain individuals this section.’’. Secretary of Transportation or to the Inter- ‘‘An act or omission that would be a violation SEC. 453. SELF-INSURANCE RULES. modal Surface Transportation Board, as appli- of this part if committed by a director, officer, The Secretary of Transportation shall con- cable, answer a question, or make, prepare, or receiver, trustee, lessee, agent, or employee of a tinue to enforce the rules and regulations of the preserve a record under this part about trans- carrier providing transportation or service sub- Interstate Commerce Commission, as in effect on portation subject to jurisdiction under subject to jurisdiction under chapter 135 of this title July 1, 1995, governing the qualifications for ap- chapter I or III of chapter 135 of this title, or an that is a corporation is also a violation of this proval of a motor carrier as a self-insurer, until officer, agent, or employee of that person, that part by that corporation. The penalties of this such time as the Secretary finds it in the public (1) willfully does not make that report, (2) will- chapter apply to that violation. When acting in interest to revise such rules. The revised rules fully does not specifically, completely, and the scope of their employment, the actions and must provide for— truthfully answer that question in 30 days from omissions of individuals acting for or employed (1) continued ability of motor carriers to qual- the date the Secretary or Transportation Board, by that carrier are considered to be the actions ify as self-insurers; and as applicable, requires the question to be an- and omissions of that carrier as well as that in- (2) the continued qualification of all carriers swered, (3) willfully does not make, prepare, or dividual. then so qualified under the terms and conditions preserve that record in the form and manner ‘‘§ 14912. Weight-bumping in household goods set by the Interstate Commerce Commission or prescribed, (4) knowingly and willfully falsifies, Secretary at the time of qualification. destroys, mutilates, or changes that report or transportation record, (5) knowingly and willfully files a false ‘‘(a) For the purposes of this section, ‘weight- SEC. 454. SAFETY FITNESS OF OWNERS AND OP- ERATORS. report or record, (6) knowingly and willfully bumping’ means the knowing and willful mak- Section 31144 is amended by— makes a false or incomplete entry in that record ing or securing of a fraudulent weight on a (1) striking ‘‘In cooperation with the Inter- about a business related fact or transaction, or shipment of household goods which is subject to state Commerce Commission, the’’ in the first (7) knowingly and willfully makes, prepares, or jurisdiction under subchapter I or III of chapter sentence of subsection (a) and inserting ‘‘The’’; preserves a record in violation of an applicable 135 of this title. (2) by striking ‘‘sections 10922 and 10923’’ in regulation or order of the Secretary or Trans- ‘‘(b) Any individual who has been found to portation Board shall be fined not more than have committed weight-bumping shall, for each that sentence and inserting ‘‘section 13902’’; $5,000. offense, be fined at least $1,000 but not more (3) striking ‘‘and the Commission’’ in subsection (a)(1)(C); and ‘‘§ 14908. Unlawful disclosure of information than $10,000, imprisoned for not more than 2 years, or both. (4) striking subsection (b) and inserting the ‘‘(a)(1) A carrier or broker providing transpor- following: ‘‘§ 14913. Conclusiveness of rates in certain tation subject to jurisdiction under subchapter ‘‘(b) FINDINGS AND ACTION ON REGISTRA- prosecutions I, II, or III of chapter 135 of this title or an offi- TIONS.—The Secretary shall— cer, receiver, trustee, lessee, or employee of that ‘‘When a carrier publishes or files a particular ‘‘(1) find a registrant as a motor carrier unfit carrier or broker, or another person authorized rate under section 13702 or participates in such if the registrant does not meet the safety fitness by that carrier or broker to receive information a rate, the published or filed rate is conclusive requirements established under subsection (a) of from that carrier or broker may not knowingly proof against that carrier, its officers, and this section; and disclose to another person, except the shipper or agents that it is the legal rate for that transpor- ‘‘(2) withhold registration.’’. consignee, and another person may not solicit, tation or service in a proceeding begun under or knowingly receive, information about the na- section 14902 or 14903 of this title. A departure, TITLE V—AMENDMENTS TO OTHER LAWS ture, kind, quantity, destination, consignee, or or offer to depart, from that published or filed SEC. 501. FEDERAL ELECTION CAMPAIGN ACT OF routing of property tendered or delivered to that rate is a violation of those sections.’’. 1971. carrier or broker for transportation provided Subtitle B—Motor Carrier Registration and Section 401 of the Federal Election Campaign under this part without the consent of the ship- Insurance Requirements Act of 1971 (2 U.S.C. 451) is amended by— (1) striking ‘‘Interstate Commerce Commis- per or consignee if that information may be used SEC. 451. AMENDMENT OF SECTION 31102. sion,’’ and inserting ‘‘Intermodal Surface to the detriment of the shipper or consignee or Section 31102(b)(1) is amended by— may disclose improperly to a competitor the (1) striking ‘‘and’’ at the end of subparagraph Transportation Board,’’; and business transactions of the shipper or con- (O); (2) striking ‘‘promulgate, within ninety days signee. (2) striking the period at the end of subpara- after the date of enactment of this Act,’’ and in- ‘‘(2) A person violating paragraph (1) of this graph (P) and inserting a semicolon and ‘‘and’’; serting ‘‘maintain’’. subsection shall be fined not less than $2,000. and SEC. 502. AGRICULTURAL ADJUSTMENT ACT OF Trial in a criminal action under this paragraph (3) adding at the end thereof the following: 1938. is in the judicial district in which any part of ‘‘(Q) ensures that the State will cooperate in Section 201 of the Agricultural Adjustment Act the violation is committed. the enforcement of registration and financial re- of 1938 (7 U.S.C. 1291) is amended by— S 17818 CONGRESSIONAL RECORD — SENATE November 29, 1995 (1) striking ‘‘Interstate Commerce Commis- (1) striking ‘‘Interstate Commerce Commis- ‘‘(5) all rules, regulations, or final orders of sion’’ and inserting ‘‘Intermodal Surface Trans- sion’’ in the first sentence of section 8(d) (16 the Intermodal Surface Transportation Board portation Board’’ each place it appears; U.S.C. 1247(d)) and inserting ‘‘Intermodal Sur- made reviewable by section 2321 of this title; (2) striking ‘‘Commission’’, wherever it ap- face Transportation Board’’; and’’. pears and inserting ‘‘Transportation Board’’; (2) striking ‘‘Commission’’ in the last sentence SEC. 512. MIGRANT AND SEASONAL AGRICUL- and of section 8(d) (16 U.S.C. 1247(d)) and inserting TURAL WORKER PROTECTION ACT. (3) striking ‘‘Commission’s’’ in subsection (b) ‘‘Intermodal Surface Transportation Board’’; Section 401(b) of the Migrant and Seasonal and inserting ‘‘Transportation Board’s’’. and Agricultural Worker Protection Act (29 U.S.C. SEC. 503. AGRICULTURAL MARKETING ACT OF (3) striking ‘‘Interstate Commerce Commis- 1841(b)) is amended by— 1946. sion’’ in section 9(b) (16 U.S.C. 1248(d)) and in- (1) striking ‘‘part II of the Interstate Com- Section 203(j) of the Agricultural Marketing serting ‘‘Intermodal Surface Transportation merce Act (49 U.S.C. 301 et seq.), or any succes- Act of 1946 (7 U.S.C. 1622(j)) is amended by Board’’. sor provision of’’ in paragraph (2)(C) and in- striking ‘‘Interstate Commerce Commission,’’ SEC. 509. TITLE 18, UNITED STATES CODE. serting ‘‘part B of’’; and and inserting ‘‘Intermodal Surface Transpor- Section 6001 of title 18, United States Code, is (2) striking ‘‘part II of the Interstate Com- tation Board,’’. amended by striking ‘‘Interstate Commerce Com- merce Act (49 U.S.C. 301 et seq.), and any suc- SEC. 504. ANIMAL WELFARE ACT. mission’’ in subsection (1) and inserting ‘‘Inter- cessor provision of’’ in paragraph (3) and insert- Section 15(a) of the Animal Welfare Act (7 modal Surface Transportation Board’’. ing ‘‘part B of’’. U.S.C. 2145(a)) is amended by striking ‘‘Inter- SEC. 510. INTERNAL REVENUE CODE OF 1986. SEC. 513. TITLE 39, UNITED STATES CODE. state Commerce Commission’’ and inserting (a) Section 3231 of the Internal Revenue Code (a) Section 5005 of title 39, United States Code, ‘‘Intermodal Surface Transportation Board’’. of 1986 (26 U.S.C. 3231) is amended by— is amended by striking ‘‘Interstate Commerce SEC. 505. TITLE 11, UNITED STATES CODE. (1) striking ‘‘Interstate Commerce Commis- Commission’’ in subsection (b)(3) and inserting (a) Section 1164 of title 11, United States Code, sion’’ in subsection (a) and inserting ‘‘Inter- ‘‘Intermodal Surface Transportation Board’’. is amended by striking ‘‘Commission’’ and in- modal Surface Transportation Board’’; and (b) Section 5203 of title 39, United States Code, serting ‘‘Intermodal Surface Transportation (2) striking subsection (g) and inserting the is amended by— Board’’. following: (1) striking subsection (f) and redesignating (b) Section 1170 of title 11, United States Code, ‘‘(g) CARRIER.—For purposes of this chapter, subsection (g) as subsection (f); and is amended by— the term ‘carrier’ means a rail carrier providing (2) striking ‘‘Commission’’ in subsection (f), as (1) striking ‘‘Commission’’ the first time it ap- transportation subject to chapter 105 of title 49, redesignated, and inserting ‘‘Intermodal Surface pears in subsection (b) and inserting ‘‘Inter- United States Code.’’. Transportation Board’’. modal Surface Transportation Board’’; and (c) Section 5207 of title 39, United States Code, (2) striking ‘‘Commission’’ wherever else it ap- (b) Section 7701(a) of the Internal Revenue Code of 1986 (26 U.S.C. 7701(a)) is amended by— is amended by— pears and inserting ‘‘Transportation Board’’. (1) striking ‘‘Interstate Commerce Commis- (c) Section 1172 of title 11, United States Code, (1) striking ‘‘Federal Power Commission’’ in paragraph (33)(B) and inserting ‘‘Federal En- sion’’, in both the section caption and sub- is amended by— section (a), and inserting ‘‘Intermodal Surface (1) striking ‘‘Commission’’ the first time it ap- ergy Regulatory Commission’’; (2) striking ‘‘Interstate Commerce Commis- Transportation Board’’; and pears in subsection (b) and inserting ‘‘Inter- (2) striking ‘‘Commission’’ wherever it appears modal Surface Transportation Board’’; and sion’’ in paragraph (33)(C)(i) and inserting ‘‘Intermodal Surface Transportation Board’’; and inserting ‘‘Transportation Board’’. (2) striking ‘‘Commission’’ wherever else it ap- (d) Section 5208 of title 39, United States Code, (3) striking ‘‘Interstate Commerce Commis- pears and inserting ‘‘Transportation Board’’. is amended by— sion’’ in paragraph (33)(C)(ii) with ‘‘Federal SEC. 506. CLAYTON ACT. (1) striking ‘‘Commission’s’’ in subsection (a) Energy Regulatory Commission’’; The Clayton Act (15 U.S.C. 12 et seq.) is and inserting ‘‘Transportation Board’s’’; and (4) striking ‘‘Interstate Commerce Commission amended by— (2) striking ‘‘Commission’’ wherever it appears under subchapter III of chapter 105’’ in para- (1) striking ‘‘Interstate Commerce Commis- and inserting ‘‘Transportation Board’’. sion’’ in the last sentence of section 7 (15 U.S.C. graph (33)(F) and inserting ‘‘Secretary of Trans- (e) The index for chapter 52 of title 39, United 18) and inserting ‘‘Intermodal Surface Trans- portation under subchapter II of chapter 135’’; States Code, is amended by striking out the portation Board’’; (5) striking ‘‘subchapter I of’’ in paragraph items relating to section 5207 and inserting in (2) inserting a comma and ‘‘Transportation (33)(G); and lieu thereof the following: Board,’’ after ‘‘such Commission’’ in the last (6) striking ‘‘subchapter I of’’ in the first sentence of paragraph (33)(H). ‘‘5207. Intermodal Surface Transportation Board sentence of that section; to fix rates.’’. (3) striking ‘‘Interstate Commerce Commis- SEC. 511. TITLE 28, UNITED STATES CODE. sion’’ in the first sentence of section 11(a) (15 (a) The heading of chapter 157 of part VI of SEC. 514. ENERGY POLICY ACT OF 1992. U.S.C. 21) and inserting ‘‘Intermodal Surface title 28, United States Code, is amended by strik- Section 1340 of the Energy Policy Act of 1992 Transportation Board’’; and ing ‘‘INTERSTATE COMMERCE COMMIS- (42 U.S.C. 13369) is amended by striking ‘‘Inter- (4) striking ‘‘Interstate Commerce Commis- SION’’ and inserting ‘‘INTERMODAL SUR- state Commerce Commission’’ in subsections (a) sion’’ in section 16 (15 U.S.C. 26) and inserting FACE TRANSPORTATION BOARD’’. and (d) and inserting ‘‘Intermodal Surface ‘‘Intermodal Surface Transportation Board’’. (b) Section 2321 of title 28, United States Code, Transportation Board’’. SEC. 507. CONSUMER CREDIT PROTECTION ACT. is amended by— SEC. 515. RAILWAY LABOR ACT. The Consumer Credit Protection Act (15 (1) striking ‘‘Commission’s’’ in the section Section 151 of the Railway Labor Act (45 U.S.C. 1601 et seq.) is amended by— caption and inserting ‘‘Intermodal Surface U.S.C. 151) is amended by— (1) striking ‘‘Interstate Commerce Commis- Transportation Board’s’’; and (1) striking ‘‘any express company, sleeping- sion’’ in section 621(b)(4) (15 U.S.C. 1681s) and (2) striking ‘‘Interstate Commerce Commis- car company, carrier by railroad, subject to’’ in inserting ‘‘Intermodal Surface Transportation sion’’ in subsections (a) and (b) and inserting the first paragraph and inserting ‘‘any railroad Board’’; ‘‘Intermodal Surface Transportation Board’’. subject to’’; (2) inserting a comma and ‘‘and part B of sub- (c) Section 2323 of title 28, United States Code, (2) striking ‘‘Interstate Commerce Commis- title IV of title 49, United States Code, by the is amended by— sion’’ in the first and fifth paragraphs and in- Secretary of Transportation with respect to any (1) striking ‘‘Interstate Commerce Commis- serting ‘‘Intermodal Surface Transportation common carrier subject to such part;’’ in section sion’’ and inserting ‘‘Intermodal Surface Trans- Board’’; and 621(b)(4) (15 U.S.C. 1681s) after ‘‘those Acts’’; portation Board’’; and (3) striking ‘‘Commission’’, wherever it ap- (3) striking ‘‘Interstate Commerce Commis- (2) striking ‘‘Commission’’, wherever it appears in the fifth paragraph and inserting sion’’ in section 704(a)(4) (15 U.S.C. 1691c) and pears, and inserting ‘‘Transportation Board’’. ‘‘Intermodal Surface Transportation Board’’. inserting ‘‘Intermodal Surface Transportation (d) Section 2341 of title 28, United States Code, SEC. 516. RAILROAD RETIREMENT ACT OF 1974. Board’’; is amended by— Section 1 of the Railroad Retirement Act of (4) inserting a comma and ‘‘and part B of sub- (1) striking ‘‘Interstate Commerce Commis- 1974 (45 U.S.C. 231) is amended by— title IV of title 49, United States Code, by the sion’’ in paragraph (3)(A); (1) striking subsection (a)(1)(i) and inserting: Secretary of Transportation with respect to any (2) striking ‘‘and’’ in paragraph (3)(C); ‘‘(i) any carrier by railroad subject to chapter common carrier subject to such part’’ in section (3) striking ‘‘Act.’’ in paragraph (3)(D) and 105 of title 49, United States Code;’’; 704(a)(4) (15 U.S.C. 1691c) after ‘‘those Acts’’; inserting ‘‘Act; and’’; and (2) striking ‘‘Interstate Commerce Commis- (5) striking ‘‘Interstate Commerce Commis- (4) inserting after paragraph (3)(D) the fol- sion’’ in subsection (a)(2)(ii) and inserting sion’’ in section 814(b)(4) (15 U.S.C. 1692l) and lowing: ‘‘Intermodal Surface Transportation Board’’; inserting ‘‘Intermodal Surface Transportation ‘‘(E) the Transportation Board, when the (3) striking ‘‘Board,’’ in subsection (a)(2)(ii) Board’’; and order was entered by the Intermodal Surface and inserting ‘‘Railroad Retirement Board,’’; (6) inserting a comma and ‘‘and part B of sub- Transportation Board.’’. and title IV of title 49, United States Code, by the (e) Section 2342 of title 28, United States Code, (4) inserting ‘‘Intermodal Surface Transpor- Secretary of Transportation with respect to any is amended by— tation Board,’’ after Interstate Commerce Com- common carrier subject to such part’’ in section (1) inserting ‘‘or pursuant to part B of subtitle mission,’’ in the first sentence of subsection (o). 814(b)(4) (15 U.S.C. 1692l) after ‘‘those Acts’’. IV of title 49, United States Code’’ at the end of SEC. 517. RAILROAD UNEMPLOYMENT INSURANCE SEC. 508. NATIONAL TRAILS SYSTEM ACT. paragraph (3)(A); and ACT. The National Trails System Act (16 U.S.C. (2) striking paragraph (5) and inserting the (a) Section 1 of the Railroad Unemployment 1241 et seq.) is amended by— following: Insurance Act (45 U.S.C. 351) is amended by— November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17819 (1) striking ‘‘Interstate Commerce Commis- Secretary of Transportation shall issue a final mercial motor vehicles, of laws and regulations sion’’ in the second sentence of paragraph (a) rule within 60 days after the date of enactment pertaining to railroad-highway grade crossings. and inserting ‘‘Intermodal Surface Transpor- of this Act authorizing the continued use of ‘‘(2) MINIMUM REQUIREMENTS.—The regula- tation Board’’; fiber drum packaging with a removable head for tions issued under paragraph (1) shall, at a (2) striking ‘‘Board,’’ in the second sentence the transportation of liquid hazardous materials minimum, require that— of paragraph (a) and inserting ‘‘Railroad Re- if— ‘‘(A) the penalty for a single violation is not tirement Board,’’; and (1) the packaging is in compliance with regu- less than a 60-day disqualification of the driv- (3) striking paragraph (b) and inserting the lations of the Secretary under the Hazardous er’s commercial driver’s license; and following: Materials Transportation Act as such Act was ‘‘(B) any employer that knowingly allows, ‘‘(b) The term ‘carrier’ means a carrier by rail- in effect before October 1, 1991; permits, authorized, or requires an employee to road subject to chapter 105 of title 49, United (2) the packaging will not be used for the operate a commercial motor vehicle in violation States Code.’’. transportation of hazardous materials that in- of such a law or regulation shall be subject to a (b) Section 2(h)(3) of the Railroad Unemploy- clude materials which are poisonous by inhala- civil penalty of not more than $10,000.’’. ment Insurance Act (45 U.S.C. 352(h)(3)) is tion; and (b) DEADLINE.—The initial regulations re- amended by— (3) the packaging will not be used in the quired under section 31310(h) of title 49, United (1) striking ‘‘Interstate Commerce Commis- transportation of hazardous materials from a States Code, shall be issued not later than one sion’’ and inserting ‘‘Intermodal Surface Trans- point in the United States to a point outside the year after the date of enactment of this Act. portation Board’’; and United States, or from a point outside the Unit- (c) STATE REGULATIONS.—Section 31311(a) is (2) striking ‘‘Board,’’ and inserting ‘‘Railroad ed States to a point inside the United States. amended by adding at the end thereof the fol- Retirement Board,’’. (b) HAZARDOUS MATERIALS TRANSPORTATION lowing: SEC. 518. EMERGENCY RAIL SERVICES ACT OF AUTHORIZATION ACT OF 1994.—Section 122 of the ‘‘(18) The State shall adopt and enforce regu- 1970. Hazardous Materials Transportation Authoriza- lations prescribed by the Secretary under section Section 3 of the Emergency Rail Services Act tion Act of 1994 (49 U.S.C. 5101 note) is repealed. 31310(h) of this title.’’. of 1970 (45 U.S.C. 662) is amended by striking SEC. 526. TERMINATION OF CERTAIN MARITIME TITLE VI—AUTHORIZATION ‘‘Commission’’, wherever it appears in sub- AUTHORITY. SEC. 601. AUTHORIZATION OF APPROPRIATIONS. sections (a) and (b), and inserting ‘‘Intermodal (a) REPEAL OF INTERCOASTAL SHIPPING ACT, For the purpose of carrying out the provisions Surface Transportation Board’’. 1933.—The Act of March 3, 1933 (Chapter 199; 46 of this Act, there are authorized to be appro- SEC. 519. REGIONAL RAIL REORGANIZATION ACT U.S.C. App. 843 et seq.), commonly referred to as priated— OF 1973. the Intercoastal Shipping Act, 1933, is repealed (1) for the closedown of the Interstate Com- Section 304 of the Regional Rail Reorganiza- effective September 30, 1996. merce Commission and severance costs for Inter- tion Act of 1973 (45 U.S.C. 744) is amended by— (b) REPEAL OF PROVISIONS OF SHIPPING ACT, state Commerce Commission personnel, regard- (1) striking ‘‘Commission’’ in subsection 1916.—The following provisions of the Shipping less of whether those severance costs are in- (d)(1)(A) and inserting ‘‘Intermodal Surface Act, 1916, are repealed effective September 30, curred by the Commission or by the Intermodal Transportation Board’’; and 1996: Surface Transportation Board, the balance of (2) striking ‘‘Commission’’ wherever else it ap- (1) Section 3 (46 U.S.C. App. 804). the $13,379,000 appropriated to the Commission pears in paragraph (1) or (3) of subsection (d), (2) Section 14 (46 U.S.C. App. 812). for fiscal year 1996, together with any unobli- and in subsections (f) and (g), and inserting (3) Section 15 (46 U.S.C. App. 814). gated balances from user fees collected by the ‘‘Transportation Board’’. (4) Section 16 (46 U.S.C. App. 815). Commission during fiscal year 1996; SEC. 520. RAILROAD REVITALIZATION AND REGU- (5) Section 17 (46 U.S.C. App. 816). (2) for the operations of the Intermodal Sur- LATORY REFORM ACT OF 1976. (6) Section 18 (46 U.S.C. App. 817). face Transportation Board for fiscal year 1996, Section 510 of the Railroad Revitalization and (7) Section 19 (46 U.S.C. App. 818). $8,421,000, and any fees collected by the Trans- Regulatory Reform Act of 1976 (45 U.S.C. 830) is (8) Section 20 (46 U.S.C. App. 819). portation Board pursuant to section 9701 of title amended by striking ‘‘section 20a of the Inter- (9) Section 21 (46 U.S.C. App. 820). 31, United States Code, shall be made available state Commerce Act (49 U.S.C. 20a)’’ and insert- (10) Section 22 (46 U.S.C. App. 821). to the Transportation Board; and ing ‘‘section 11301 of title 49, United States (11) Section 23 (46 U.S.C. App. 822). (3) for the operations associated with func- Code’’. (12) Section 24 (46 U.S.C. App. 823). tions transferred from the Interstate Commerce SEC. 521. ALASKA RAILROAD TRANSFER ACT OF (13) Section 25 (46 U.S.C. App. 824). Commission to the Intermodal Surface Transpor- 1982. (14) Section 27 (46 U.S.C. App. 826). tation Board under this Act, $12,000,000 for each Section 608 of the Alaska Railroad Transfer (15) Section 29 (46 U.S.C. App. 828). of the fiscal years 1997 and 1998, and any fees Act of 1982 (45 U.S.C. 1207) is amended by strik- (16) Section 30 (46 U.S.C. App. 829). collected by the Transportation Board pursuant ing ‘‘Interstate Commerce Commission’’ wher- (17) Section 31 (46 U.S.C. App. 830). to section 9701 of title 31, United States Code, ever it appears in subsections (a) and (c) and in- (18) Section 32 (46 U.S.C. App. 831). shall be made available to the Transportation serting ‘‘Intermodal Surface Transportation (19) Section 33 (46 U.S.C. App. 832). Board. Board’’. (20) Section 35 (46 U.S.C. App. 833a). TITLE VII—MISCELLANEOUS PROVISION SEC. 522. MERCHANT MARINE ACT, 1920. (21) Section 43 (46 U.S.C. App. 841a). SEC. 701. PAY OF MEMBERS OF CONGRESS AND (a) Section 8 of Merchant Marine Act, 1920 (46 (22) Section 45 (46 U.S.C. App. 841c). THE PRESIDENT DURING GOVERN- U.S.C. App. 867) is amended by— SEC. 527. CERTAIN COMMERCIAL SPACE LAUNCH MENT SHUTDOWNS. (1) striking ‘‘Interstate Commerce Commis- ACTIVITIES. (a) COMPARABLE PAY TREATMENT.—The pay sion’’ in both places that it appears and insert- The licensing of a launch vehicle or launch of Members of Congress and the President shall ing ‘‘Intermodal Surface Transportation site operator (including any amendment, exten- be treated in the same manner and to the same Board’’; and sion, or renewal of the license) under chapter extent as the pay of the most adversely affected (2) striking ‘‘commission’’ and inserting 701 of title 49, United States Code, shall not be Federal employees who are not compensated for ‘‘board’’. considered a major Federal action for purposes any period in which appropriations lapse. (b) Section 28 of the Merchant Marine Act, of section 102(C) of the National Environmental (b) EFFECTIVE DATE.—This section shall take 1920 (46 U.S.C. App. 884) is amended by— Policy Act of 1969 (42 U.S.C. 4332(C)) if— effect December 15, 1995. (1) striking ‘‘Interstate Commerce Commis- (1) the Department of the Army has issued a TITLE VIII—EFFECTIVE DATE sion’’ where it first appears and inserting permit for the activity; and SEC. 801. EFFECTIVE DATE. ‘‘Intermodal Surface Transportation Board’’; (2) the Army Corps of Engineers has found Except as otherwise expressly provided, this and that the activity has no significant impact. (2) striking ‘‘Interstate Commerce Commis- Act and the amendments made by this Act shall SEC. 528. USE OF HIGHWAY FUNDS FOR AMTRAK- take effect on January 1, 1996. sion’’ wherever else it appears and inserting RELATED PROJECTS AND ACTIVI- ‘‘Transportation Board’’. TIES. f SEC. 523. SERVICE CONTRACT ACT OF 1965. Notwithstanding any other provision of law, NOTE Section 356(3) of the Service Contract Act of the State of Vermont may use any unobligated 1965 (41 U.S.C. 356(3)), is amended by striking funds apportioned to the State under section 104 The RECORD of November 28 inadvert- ‘‘where published tariff rates are in effect’’. of title 23, United States Code, to fund projects ently reflects an error in the statement SEC. 524. FEDERAL AVIATION ADMINISTRATION and activities related to the provision of rail of Mr. PRESSLER that begins on page AUTHORIZATION ACT OF 1994. passenger service on Amtrak within that State. S17587. The permanent RECORD will be Section 601(d) of the Federal Aviation Admin- SEC. 529. VIOLATION OF GRADE-CROSSING LAWS corrected to reflect the following state- istration Authorization Act of 1994 (Pub. L. 103– AND REGULATIONS. ment. 305) is amended by striking all after ‘‘subsection (a) FEDERAL REGULATIONS.—Section 31310 is Mr. PRESSLER. Mr. President, I rise (c)’’ and inserting ‘‘shall not take effect as long amended by adding at the end thereof the fol- in opposition to the DORGAN amend- as section 11501(g)(2) of title 49, United States lowing: Code, applies to that State.’’. ‘‘(h) GRADE-CROSSING VIOLATIONS.— ment. Let me make some general re- SEC. 525. FIBER DRUM PACKAGING. ‘‘(1) SANCTIONS.—The Secretary shall issue marks on the issues surrounding anti- (a) IN GENERAL.—In the administration of regulations establishing sanctions and penalties trust and some of the standards that chapter 51 of title 49, United States Code, the relating to violations, by persons operating com- are used. S 17820 CONGRESSIONAL RECORD — SENATE November 29, 1995 First, let me point out that this reduction in competition in those mar- paper, 55 percent of household appli- amendment is an attempt to change kets and that conditions should be im- ances, 53 percent of lumber, and 45 per- the way the ICC looks at the competi- posed to introduce additional rail com- cent of all food products. Much of this tion among rail carriers. petition in them. The Commission re- material is delivered on a just-in-time Changing the standards by which rail jected these arguments, finding that basis. mergers are judged is very com- the continued competition from a What is impressive about these num- plicated. The current public interest strong second railroad, the increase in bers is that, unlike the trucking, ship, standard is well established and has competition from the merged system’s barge, and aviation industries, which been in place for 75 years. Changing introductions of new single-line routes operate over national systems and them now, particularly while two class and other service improvements and which are built and/or maintained by one railroads are in a merger proceed- other competitive constraints, such as Government and open to all operators, ing, without fully understanding how modal and source competition, would the goods that move by rail are trans- these changes affect railroads, ship- keep competition vigorous. ported over fixed, regional systems. pers, States and even the financial In fact, the Commission was right. Due to the regional nature of railroads, markets, is not the approach we should Union Pacific, at the request of an much more interchange occurs than in take without fully understanding what agency in California, had studied the other modes of transportation. That is, we are doing. Unintended consequences rates in these 3-to-2 markets before and railroads hand off cargo to one another could easily result. after the UP/MKT merger which was while other modes of transportation We have one of the most efficient, if consummated in 1988. have very little of this type of inter- not the most efficient, transportation What they found was that in all change—truck to truck, barge to barge. system in the world. A large part of the cases, rates had decreased signifi- As a consequence, there are natural system is the level of competition that cantly, confirming the Commission’s efficiencies in these other modes that exists between the transportation conclusion that competition would be do not readily occur in the rail indus- modes and within the modes. Merely intensified by moving from three rail- try. To achieve these types of effi- trying to guarantee competition in the roads, one of which, MKT, was a weak ciencies in the rail industry, there rail industry by changing how the ICC third, to two strong rail competitors. must be consolidations. Mergers and looks at competition could easily back- The evidence is overwhelming that a consolidations allow the rail industry fire. mere reduction in the number of rail- to maximize the use of its tracks, cut In the last 15 years, there have been roads does not stifle competition and, down on interchange points, get the roughly a dozen rail mergers, a tremen- in fact, can enhance it where the effect most out of switching yards, consoli- dous increase in concentration when is to add to the efficiency of the date terminals and, in short, provide just measured by the number of rail- merged carriers and to their ability to better service to its customers at the roads. However, at the same time, real offer new services. lower cost. rates have fallen up to 50 percent with Furthermore, there is ample proof all In the past, Congress has recognized the decreases occurring every year across the country that where markets that rail consolidations cannot occur if across all major commodity groups and are served by two railroads with broad, rails are subject to the normal anti- in all major geographic areas. equivalent networks, rail competition trust tests imposed on other busi- This cannot just be attributed to de- is intense. Perhaps the best example is nesses. What makes the ICC test dif- regulation, because without ongoing ef- a precipitous drop in Powder River ferent? There are three major compo- fective competition, the productivity Basin, WY, coal rates following the nents. gains that deregulation made possible entry of CNW into the basin as a com- The first is the use of the public infor the railroads would not have been petitor, in partnership with UP against terest standard. When looking at a passed through to the shippers. Burlington Northern. merger, the Department of Justice fo- Without fully understanding what we This experience of huge declines in cuses almost exclusively on possible re- are doing in this area, we could easily the rates for the transportation of ductions in competition. Under a pure turn back this trend, even though we Powder River Basin coal is flatly in- antitrust review, the Justice Depart- have the best intentions. As a result, I compatible with any theory that two ment could deny all rail mergers, urge that this amendment be defeated. railroads in a market will collude to which is what happened before the pub- I urge my colleagues to vote against it keep prices at or near the level where lic interest standard was adopted. The as well. other constraints, such as truck or ICC, on the other hand, takes into ac- Now specifically, the ICC does not product competition would cause a loss count both the public benefits of a apply or follow antitrust law, though it of traffic. Other examples are the in- merger, in terms of increased effi- pays very close attention to competi- tense two-railroad competition ciencies, better service and enhanced tive issues. The rail system is the un- throughout the Southeast, between competition, and any harms, in terms derpinning of our entire economy, and Norfolk Southern and CSX, and for Se- of reduced competition and loss of many rail efficiencies can be achieved attle/Tacoma and other Washington service. only through mergers. The ICC applies and Idaho traffic between BN and UP. The ICC also has the power to condi- a public interest standard, under which The number of railroads alone is not tion mergers to take care of anti- the public benefits, competitive or oth- what matters, it is the effect of the competitive concerns. While the De- erwise, of a merger, are balanced merger on competition. Absent some partment of Justice could try to nego- against any detriments, again competi- compelling reason for change, which tiate conditions, it does not have the tive or otherwise, of a merger. This has yet to appear, the current process same power and discretion as the ICC. process allows the Commission to ap- should stand. As a result, the ICC can condition and prove consolidations, even if they oth- Mr. President, let me make a few approve mergers that are in the public erwise would violate antitrust laws. more remarks, and if other Senators interest but might normally fail a re- Rather than applying a narrow DOJ- come to the floor, I will certainly yield view by the Department of Justice. type antitrust analysis, the Commis- to them, but I want to continue to The second is the open and well-de- sion has consistently looked at all fac- state my opposition to the DORGAN veloped process the ICC has for review- tors in deciding the competitive im- amendment. ing rail mergers. The process includes pact of rail mergers and has found pure Since 1920, due to the unique place discovery, the development of a de- concentration measures, such as the railroads hold in our economy, Con- tailed record and a full and fair oppor- number of railroads serving a point, to gress has consistently found that ap- tunity for all affected parties, includ- be too simplistic a standard. plying a pure antitrust standard to rail ing Federal agencies, States, localities, The UP/MKT merger is a good exam- mergers is inappropriate. shippers, and labor to be heard. ple. In that case, a number of markets Railroads carry roughly 40 percent of The DOJ process, on the other hand, went from three railroads to two. Var- the freight in this country. These in- is a closed informal ex parte process in ious parties, including the Justice De- clude 67 percent of new autos, 60 per- which DOJ speaks with only those per- partment, argued that there would be a cent of coal, 68 percent of pulp and sons it chooses to and hears only the November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17821 evidence it chooses to. There is no op- merger were approved by the Depart- floor. It is not perfect, but it has been portunity for discovery and no oppor- ment of Justice it would more than crafted on a bipartisan basis. We also tunity to learn and to respond to what likely be years, if ever, before it could have the support of Senator HOLLINGS, others are saying. be implemented. the ranking member, and several of the Taken together, these first two At the heart of this debate is, What Republican Senators. points are extremely important. Rail- is best for transportation policy? The We feel strongly that the public in- roads cannot be duplicated. The lines more than 500 railroads that are in ex- terest test that the ICC has said will go that exist today are essentially it. istence today are an integral part of with it to the Department of Transpor- While spur lines and short lines may be our country’s transportation system tation, we feel it would be an addi- built, there will be no more railroads and are a linchpin in our economy. We tional layer of regulation to add to the built from Chicago to LA or New York have the best rail system in the world. Department of Justice and to add the to St. Louis, not in the near future at The long-established national railroad antitrust standards which we feel ex- least. merger policy has served our country ists anyway, but it would be an unnec- A fair, impartial system bound by well. Absent some compelling reason, essary additional regulatory burden. rules and precedent where all parties there is no basis for gambling with the We are trying to deregulate as much as can be heard is important in deciding future of an industry that is so impor- possible. This amendment would put us how these systems are rationalized. A tant to our Nation. not only into a pre-Staggers position, DOJ review is far more subjective. All Finally, the private parties would but we never had this much regulation. parties may not be heard and DOJ can not be prohibited from bringing suit to Mr. President, we had a similar de- decide which types of traffic patterns seek conditions or block the trans- bate here. I stood in this very place to look at, thereby making the process action. during the consideration of the tele- unpredictable from one case to an- Finally, the Rail Labor Act would communications bill, which is now in other, from one administration to an- not be preempted. This is critical. Most conference. We debated between the other. railroads have 13 different unions with public interest, convenience and neces- So I think, in looking at this, we hundreds of different contracts. Absent sity standard used by the Federal Com- have to look at what we are dealing the preemption of the Rail Labor Act munications Commission regarding ad- with in the uniqueness of railroads. We and the imposition of labor protection ministrative law cases as opposed to will not have more railroad lines built conditions, the merging carriers would adding an additional Department of in this country in terms of major be forced to negotiate implementation Justice review of certain telecommuni- routes from Chicago to LA or New agreements with each union under the cations, and it was the decision of this York to St. Louis. We will have those Rail Labor Act. body on a rollcall vote not to have the remaining. But the question as a public Because rail transportation is so Department of Justice review because interest standard allows some flexibil- vital to the economy, this act is cre- it is another layer of regulation. ity on the part of the rulemaking body ated to avoid any interruption to com- We are trying to deregulate wherever which will now be in the Department of merce. This act achieves the goal by possible. We are trying in this bill to Transportation. obligating management and labor to have a review but not a lot of bureauc- The third component is the actual negotiate using a long, drawn-out proc- racy. With all due respect, I must strongly approval. The Department of Justice ess. Using this act to negotiate the im- oppose the Dorgan amendment. I urge does not approve mergers, it merely in- plementation of a merger would take dicates whether or not the Government my colleagues to defeat it. years. As a result, without a formal ap- Mr. DORGAN. Mr. President, I great- will bring suit to stop it. I think now proval, even if a merger were approved ly respect the opinions of the Senator under the Hart-Scott-Rodino standard, by the Department of Justice, it would from South Dakota. I said before, and companies can get an opinion before more than likely be years, if ever, be- let me say it again, I think he and Sen- they actually go to the expense of get- fore it would be implemented. ator EXON and Senator HOLLINGS have ting together. So, Mr. President, at the heart of our done a great job of putting together a The ICC process brings with it a for- debate is, what is best for transpor- bill, and with the exception of my in- mal approval and preemption of other tation policy? The more than 500 rail- terest in improving it with this amend- laws. This is important for a number of roads that are in existence today are ment, I think that the legislation that reasons. Without formal approval, an integral part of our country’s trans- they have crafted has great merit. abandonments or line sales con- portation system and are a linchpin in I want to just respond to two points templated by a merger will have to be our economy. the Senator from South Dakota made. approved by another agency. State We have the best rail system in the First of all, my amendment does not laws designed to prevent or hinder world, although it certainly needs im- actually take the authority for ap- mergers will not be preempted. This is provements, and the real rail rates are proval and move it from the board and particularly important to the free flow 50 percent lower than when the Stag- DOT over to the Justice Department. of interstate commerce. Further, pri- gers Rail Act was passed in 1980, de- That is not what the amendment does. vate parties would not be prohibited spite a reduction of about two-thirds in The amendment, rather, gives the from bringing suit to seek conditions the number of major railroads. The Justice Department the opportunity to or block the transaction. long-established national railroad apply the Clayton standard and then Finally, the Rail Labor Act would merger policy has served our country advise the Board at DOT of its conclu- not be preempted. This is critical. Most well. sion with respect to whether this meets railroads have 13 different unions with Absent some compelling reason, the Clayton standard, and requires the hundreds of different contracts. Absent there is no basis for gambling with the Board to give substantial deference to the preemption of the Rail Labor Act future of an industry that is so impor- it. The decision will still be made by and the imposition of labor protection tant to our Nation. the Board. That is an important point. conditions, the merging carriers would So let me say that I very much ad- The second point is, the Senator from be forced to negotiate implementation mire the intentions of my friend from South Dakota spoke of deregulation. I agreements with each union under the North Dakota with this amendment. am probably much less a fan of deregu- Rail Labor Act. Because rail transpor- This piece of legislation has been many lation than he or some others in this tation is so vital to the economy, this months in the negotiating stages. My Chamber. There are certain areas in act was created ‘‘to avoid any interrup- friend from Nebraska first introduced our country where regulation, I think, tion to commerce.’’ The act achieves the piece of legislation, and we decided is critical, where, without regulation, this goal by obligating management to work as a team. We had in various you get price gouging, you get pricing and labor to negotiate using a long, shippers, railroads, the public, and con- outside of a free market that disadvan- drawn-out process. Using this act to sulted with State public commissions. tages consumers. I will give some ex- negotiate the implementation of a We consulted with Governors. We con- amples of that. merger would take years. As a result, sulted with experts. We developed this While I say this, I am not opposed to without a formal approval, even if a piece of legislation that is here on the all deregulation. Some of it has been S 17822 CONGRESSIONAL RECORD — SENATE November 29, 1995 just fine. But the Senator from South ings on bank mergers. We were talking THE BAD DEBT BOXSCORE Dakota and I come from States that about a specific merger where two very Mr. HELMS. Mr. President, more are sparsely populated, and we often, large banks were combining and merg- than 3 years ago I began these daily re- especially in the area of transpor- ing to be a much, much larger bank. ports to the Senate to make a matter tation, suffer the consequences of a de- They said, ‘‘Does that not make sense? of record the exact Federal debt as of regulated environment in which, with- Two banks become one and you are close of business the previous day. out competition, they extract prices able to get rid of a lot of overhead and As of the close of business Tuesday, that are unreasonable. lay off 6,000 or 8,000 people. Does it not November 28, the Federal debt stood at make sense to be more efficient?″ I used an example of the airline in- exactly $4,989,008,629,825.32. On a per I said, ‘‘Following that logic, it dustry in the Commerce Committee capita basis, every man, woman, and makes sense to have only one bank in that the Senator from South Dakota child in America owes $18,938.36 as his will recall. I held up a picture of a big America, just one. That way you do not have any duplication. Of course, you do or her share of the Federal debt. Holstein milk cow, called Salem Sue. It is important to recall, Mr. Presi- It is the world’s largest cow. It happens not have any competition either.’’ Following this to its extreme, this dent, that the Senate this year missed to be metal, but it is the largest cow. It an opportunity to approve a balanced sits on a hill about 25 or 30 miles from notion of efficiency without caring much about what it does to the free budget amendment to the U.S. Con- the airport in Bismarck, ND, if you stitution. Regrettably, the Senate drive down Interstate 94. I pointed out, marketplace and without caring much about what violation occurs to the failed by one vote in that first attempt if you get on a plane here in Washing- to bring the Federal debt under con- ton, DC—and I admit, there are prob- issue of competition, I suppose you could make a case that in every indus- trol. ably not a lot of folks who have an ur- There will be another opportunity in gent desire to go see the world’s largest try the fewer companies the better, because the fewer companies the more ef- the months ahead to approve such a cow just for the sake of going to see Constitutional amendment. the largest cow—but if your desire is to ficient you are going to become. You go from Washington, DC, to see the can lay off people. Of course, it would f world’s largest Holstein cow, 30 miles not be very efficient for consumers, because you can then engage in predatory THE RETIREMENT OF WILLIAM F. from the Bismarck airport, you will RAINES, JR. pay more money for that trip than if pricing and no one can do very much you get on an airplane in Washington, about it. Mr. FORD. Mr. President, William F. The point I am making is, I am not DC, and fly to London to see Big Ben. Raines, Jr., the administrative assist- Or, let us decide you want to see here because of a railroad or a merger. ant to the Architect of the Capitol, is Mickey Mouse and decide to fly to I have been involved in the issue of retiring on November 30, 1995, after 43 bank mergers, calling for hearings at Disneyland in Los Angeles. You fly years of Federal service. Bill began his the Senate Banking Committee in re- twice as far and pay half as much as career with the Office of the Architect cent weeks on that. I have been on the getting on an airplane here and flying of the Capitol as a personnel clerk in floor on several other merger issues. I to Bismarck. Question: Why would that February 1956. He steadily advanced in hope that the Senate will take a look be? Answer: Because we do not have various jobs and in October, 1973, was at this and decide this makes sense. If substantial competition. We do not appointed to the position of adminis- it does not, at the next opportunity I have the kind of competition in the trative assistant to George M. White, will again raise this issue. airline industry that you have if you the Architect of the Capitol. Frankly, there are not many people As the Architect’s administrative as- are in Chicago or Los Angeles. There, if in the Senate, or the House, for that you show up at the airport you have sistant, Bill was the management offi- matter, who care to talk much about cial responsible for that office’s human dozens of choices, all competing antitrust issues. First of all, it puts against each other, and the result is at- resources, accounting, and procure- most people to sleep. You know, it is ment divisions and the flag office, and tractive choices at lower prices. But, better than medicine to put people to with deregulation in the airline indus- for oversight of the operations of the sleep. Nobody cares much about it. No- Senate Restaurants. He also served as try, we have fewer carriers, fewer body understands it much. It is, to choices, and higher prices. the coordinator of the superintendents some people, just plain theory. But, if and supervising engineers of the var- Now, deregulation is not always a you are a shipper and you are some- ious buildings under the Architect’s ju- boon to areas of the country that are where along the line someplace and the risdiction, as well as the Capitol sparsely populated. When you talk company that has captured the com- grounds. In addition to these duties, about deregulation with respect to rail- petition and is now the only oppor- Bill acted as adviser and counselor to road carriers, you must find a way, it tunity for you to ship says to you, ‘‘By the Architect and, in effect, served as seems to me, to provide protections for the way, here is my price; if you do not Mr. White’s chief of staff. consumers. My concern about all of like it, tough luck,’’ all of a sudden, Bill was born in Henderson, NC, and this is that the consumers be afforded this has more meaning than theory. an opportunity to have a price in the If you are a traveler on an airline and attended Henderson High School. He open market system or the free market you have no competition when you completed his studies at Henderson system that is a fair price. We can fore- used to, but now the only remaining Business College in July 1955. Prior to see circumstances, and we have already carrier that bought its competition and his employment with the Architect’s seen some in this country, where the became one says to you, ‘‘By the way, Office, Bill worked for Southeastern prices charged in areas where there is here is my price; if you do not like it, Construction Co. and Harriet Cotton not substantial competition are prices do not travel,’’ then this is more than Mills. He served with the U.S. Coast far above those that should be charged. theory. Guard from February 1952, to August I mentioned earlier that my amend- That is what persuades me to believe 1954. ment is not directed at any carrier or that in a free market system, if you Throughout his 43 years of Federal any company or any merger. I men- preach competition but do not care service and especially during the 40 tioned I was interested in the tele- very much about whether meaningful years he served in the Office of the Ar- communications legislation, and I rose competition exists, or whether we have chitect of the Capitol, Bill Raines has to offer an amendment including the adequate enforcement of antitrust distinguished himself as an excellent Department of Justice there. I also standards, then in my judgment you do employee. He has received numerous have been involved in similar issues. no favor to the free market economy. letters of appreciation and recognition About 3 weeks ago, I asked the Bank- I hope people will consider this on its which attest to this fact. His dedica- ing Committee in the Senate to hold merits and consider that it would be tion to fulfilling his duties and respon- hearings on bank mergers. This is not a wise for our country and for public pol- sibilities and the exemplary profes- newfound interest of mine. I was on a icy to ask that this legislation be sional manner in which he served will program awhile back and they asked amended with the amendment I have stand as a lasting memory for those me about my interests in having hear- offered, along with Senator BOND. who worked with him. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17823

On behalf of Chairman WARNER and YELLOWSTONE COUNTY DUI TASK er breakfast movement in Washington, the members of the Rules Committee, I FORCE and I had the personal pleasure of wish to extend to Bill Raines our grati- Mr. BAUCUS. Mr. President, I am working directly with him on this tude for his years of service. To Bill pleased to take this opportunity to rec- project during the time he served here and his wife, Myrtle, we extend our ognize the Yellowstone County DUI in the Senate. He was involved with best wishes and good health in their re- task force in my State, Montana. They the prayer breakfast for almost 40 tirement years. have been selected by the National years. He also served as chairman of Commission Against Drunk Driving to the board of World Vision and presi- f receive their eleventh annual citizen dent of Concern Ministries, and au- activist award on December 4, 1995. thored several books, including ‘‘A Day 20TH ANNIVERSARY OF IDEA The accomplishments of the Yellow- at a Time,’’ ‘‘Be Yourself . . . and stone County DUI task force are two- God’s,’’ ‘‘Between Sundays,’’ ‘‘No Mr. KENNEDY. Mr. President, today fold. Not only did they continue their Greater Power,’’ and ‘‘We the People.’’ marks the 20th anniversary of the Edu- educational activities, they also Richard Halverson was an outstand- cation for All Handicapped Children worked with State leaders to form a ing example of why the Senate has al- Act, now known as the Individuals legislative agenda to curb drunk driv- ways had a chaplain. He was com- with Disabilities Education Act ing. The results of their efforts are ap- pletely devoted to the Senate and we (IDEA). I was proud to serve on the parent. Our State now boasts the most are grateful for his many years of serv- committee that approved IDEA in 1975, comprehensive DUI legislative package ice. We appreciate him, we will miss and I am proud of its successes in the ever passed in a single legislative ses- him, and we extend our sincerest con- past two decades. sion. dolences to his wife Doris, his son For millions of children with disabil- I would also like to recognize three Chris, and all their family. Dr. Halver- ities, IDEA has meant the difference members of the Yellowstone County son left his mark on this body, and it is between exclusion and participation, DUI task force who were instrumental not the same without him. The Senate between dependence and independence, in bringing about their organization’s is better for having had his guidance between lost potential and learning. accomplishments: Diane Stanley, Peter and wisdom for 14 years, and the Na- Before IDEA was enacted in 1975, Stanley, and Angie Bentz. They, along tion and world are better for having young people with disabilities were with many other tireless workers, have had him for all the years of his life. He often shut away and condemned to life earned the recognition of this body. was a true blessing. without hope. In 1975, 4 million handi- Congratulations and good work. f capped children did not receive the f TRIBUTE TO CHAPLAIN help they needed to succeed in school— HALVERSON either because their disabilities were THE DEATH OF THE REVEREND undetected or because schools did not DR. RICHARD C. HALVERSON Mr. HATFIELD. Mr. President, last offer the services they needed. Vir- Mr. HEFLIN. Mr. President, our night the U.S. Senate lost one of its tually no disabled preschoolers re- long-time Senate Chaplain and dear greatest servants. Dr. Halverson left us ceived services. A million school-aged friend, Dr. Richard C. Halverson, has in bodily presence but his spiritual legacy will remain eternal. For 14 years, children with disabilities were ex- passed away, just 81⁄2 months after his Dr. Halverson provided guidance and cluded from public school. retirement. He retired in March, after counsel to the Senate as its Chaplain, Now, as a result of IDEA, every State more than 14 years of distinguished continually reminding us of the true in the Nation offers a free appropriate service to this body. During his tenure meaning of leadership. For Dr. Halver- public education to the 5 million chil- as our Chaplain, Dr. Halverson proved son a true leader was first a servant. dren with disabilities, and provides himself over and over again not only to He reminded us each and every day, as early intervention services to infants be a comforting spiritual guide, but an he strolled these halls, of what it and toddlers with disabilities. understanding, knowledgeable coun- In the early 1970’s, 95,000 children means to serve the people around you. selor. His ministry and support helped I have said before that Dr. Halverson with disabilities lived in institutional us immeasurably as we wrestled with was one of the most Christlike men I settings. Today, fewer than 6,000 are in- difficult personal, political and policy have ever known, and today that senti- stitutionalized. issues. ment has not changed. Even in failing Only 33 percent of people with dis- Dick Halverson was superb at arrang- health, he continued his ministries abilities who grew up before IDEA were ing for guest Chaplains, thereby giving right to the very end. Those of you who competitively employed within 5 years wide representations to the many di- remember him, recall his humble spir- after leaving school. Today, nearly 60 verse religious faiths and denomina- it, his compassionate heart, and his percent of young men and women with tions in our Nation. As Chaplain, he penetrating intellect. All of these disabilities become productive, tax- provided pastoral services for Members qualities were supplemented with an paying members of society. and our staffs—in particular to staffs, uncanny ability to address complex is- In some respects, as we know, IDEA policemen. Every conceivable person sues with an insightful simplicity that has fallen short. Too many students that worked in the Senate felt his in- cut to the core of an issue, illuminat- with disabilities drop out of school and fluence, knew him as a friend. He was ing the vital components so that even have a high risk of unemployment. a tremendous help to them in their per- a child could understand. Some get in trouble with the law and sonal problems. His soothing coun- Dr. Halverson will be profoundly spend a significant amount of time in tenance and understanding manner missed. He will be missed by the Sen- jail. Enrollment of students with dis- made us feel more at home here in ators, but this mournful occasion will abilities in college is still too low. Washington. impact all who are involved in the We need to be more vigilant in our Sworn in on February 2, 1981, the business of Congress. Dr. Halverson mission to make sure that all these Reverend Dr. Richard Halverson was was not just a pastor to the hundred children grow up with the skills they the 60th Senate Chaplain. A native of men and women who serve in this body, need to get a job and live independ- North Dakota, he was a graduate of but he was a pastor to the police offi- ently. Wheaton College and the Princeton cers, to the custodians, to the food Legislation to reauthorize IDEA will Theological Seminary. He held honor- servce workers, to everyone who was be considered by Congress in the com- ary doctoral degrees from Wheaton and fortunate to cross his path. He mining months, and I look forward to Gordon Colleges, and served churches istered to all he encountered, indis- working closely with colleagues on in Kansas City, MO; Coalinga and Hol- criminate of position, background, and both sides of the aisle to achieve these lywood, CA; and for 23 years at his last stature. He genuinely loved everyone. I important goals. The best way for all pastorate at the Fourth Presbyterian cannot recall him ever uttering an ill of us to honor the law’s success is to Church in Bethesda, MD. word toward anyone. rededicate ourselves to making it even Dr. Halverson was deeply involved as I am deeply saddened by this great more effective in the future. an associate in the international pray- loss. Dr. Halverson was my close friend S 17824 CONGRESSIONAL RECORD — SENATE November 29, 1995 and brother. Now, Dr. Halverson is ex- TRIBUTE TO DR. RICHARD down. A smile, a hand on the arm, a periencing joy and happiness incompre- HALVERSON twinkle in his eye, and the words ‘‘God hensible to those of us here on Earth. Mr. COATS. Madam President, 60 bless you’’ were delivered literally But until I see him again, I will miss years ago, during the holiday season thousands, if not tens of thousands of this good and faithful servant. I will that we are now celebrating, a young times to Members of this body. miss his warm greetings. I will miss his man by the name of Richard Halverson, While our lives can be filled with thoughtful prayers. I will miss his ex- fresh from the humble upbringing in stress and strife, it was Chaplain Hal- ample of humility. Most of all, I will North Dakota, found himself discour- verson who always had the time to miss being his friend. aged and lonely in Hollywood, CA—dis- walk back with us to our office, chat f couraged by his struggles to become an with us on the telephone, and when actor, and lonely as he was away from necessary counsel us through our deep- PAYING TRIBUTE TO THE LATE home during Christmas for the first est struggles. REV. RICHARD HALVERSON time in his 19 years of life. It was then The real greatness of Dick Halverson, however, was exhibited in the ways Mr. THURMOND. Mr. President, our that Dick Halverson heard a call from the Lord—first, to believe and follow that he provided this selfless service, Senate family lost one of our finest and God, and then to preach the Lord’s gos- not just to those of us privileged to most respected members yesterday pel and minister to all who had the serve as elected officials here in the with the passing of the former Senate great fortune of knowing him. U.S. Senate, but to all who crossed his Chaplain, Reverend Richard Halverson. In 1988, I was privileged to be ap- doorstep or came upon his path. Just As many in this body know, Reverend pointed to the U.S. Senate, filling the ask the Senate staffers, just ask the se- Halverson ministered to the spiritual vacancy created by the election of then curity guards, just ask the custodians, needs of Senators, our families, and our Senator Dan Quayle to the Vice Presi- just ask the cooks in the kitchens, all staffs for many years. A man who was dency. Several thoughts occurred to of whom Dick Halverson knew on a deeply devoted to his duties as a serv- me and my family at that moment, but first-name basis. ant of God, and to his congregation, one of the greatest was that I would For Pastor Halverson, we are created Reverend Halverson selflessly served have the privilege of serving in the equal in the sight of God. Each person the Senate and the Lord almost lit- same institution where Rev. Dick Hal- is equally important and equally sig- erally to the end of his life. Despite a verson served as Chaplain. My admira- nificant. Each personal need conveyed lingering illness in his later years, the tion for Dr. Halverson extended then to him by others was serious and sub- Reverend was never too tired or sick to and now beyond the fact that we grad- stantial regardless of who it was who spend time with someone who required uated from the same institution, Whea- conveyed that need. Our loss is great his guidance and counsel. He was a ton College. My respect for Dick Hal- and our prayers are with his surviving man who always had a kind word and a verson is based on the way he lived his family. positive thought to share with us. I re- life every day in humble service to his But for Richard Halverson this is a member, Reverend Halverson would God. new day. He has left his post in his Na- often clip newspaper and magazine ar- The American public primarily saw tion’s Government to sit in the throne ticles that he felt were particularly Chaplain Halverson in the role of open- room of the King. He has fought the relevant to the issues of religion and ing each Senate session with prayer. As good fight. He has finished the race and morality and send them to Members. he prepared those invocations each he kept the faith. Along with these articles, he would in- day, Pastor Halverson prayed that God Chaplain Halverson once described clude a thoughtful note offering his would give him the wisdom to speak himself as ‘‘a servant to the public opinion on the author’s thesis, a ges- the Lord’s truth in what is known as servants.’’ Because he served his role ture that not only reminded us that the world’s greatest deliberative body. so well, we know today with confidence the Reverend was looking after our Without touching on specific bills or that Dick Halverson is hearing those spiritual well being, but that there are legislation, Dr. Halverson prayed that loving words from the Lord Almighty, laws and directives as important as God would lead Members of the Senate ‘‘Well done, good and faithful servant.’’ those found in the Constitution and in reasoned, respectful debate. I yield the floor. I suggest the ab- code books that should dictate our be- For example, Chaplain Halverson sence of a quorum. havior and conduct as leaders of the prayed here on the Senate floor, ‘‘God The PRESIDING OFFICER. The Nation. Reverend Halverson was so of our fathers, if we separate morality clerk will call the roll. committed to the cause of restoring from politics, we imperil our Nation The assistant legislative clerk pro- and maintaining righteousness in and threaten self-destruction. Imperial ceeded to call the roll. America, he was the only natural Rome was not defeated by an enemy Mr. LOTT. Madam President, I ask choice to author the foreward to the from without; it was destroyed by unanimous consent that the order for book Right vs. Wrong, written by my moral decay from within. Mighty God, the quorum call be rescinded. good friend and former Chief of Staff, over and over again you warned your The PRESIDING OFFICER. Without Harry Dent. people, Israel, that righteousness is es- objection, it is so ordered. I had the pleasure of knowing Rev- sential to national health.’’ Words of f erend Halverson throughout his entire wisdom from a man of great wisdom. tenure in the Senate, and I can attest Those of us privileged to know Dr. BILL PLACED ON CALENDAR—S. that he was one of the most faithful, Halverson also experienced the dedi- 1432 capable, and dedicated Chaplains to cated and loving service he provided Mr. LOTT. Madam President, I un- have served the United States Senate. away from the lights of the Senate derstand there is a bill on the calendar Those of us who were here when Rev- floor. Washington, DC, is one of the that is due for its second reading. erend Halverson retired last year felt toughest, most intense places anybody The PRESIDING OFFICER. The Sen- this Chamber had lost a friend, those of can live, especially for those of us who ator is correct. us who are here today know the world work on Capitol Hill. From overloaded The clerk will read the bill for the has lost a kind and compassionate Senate schedules to endless traffic second time. man. jams, Washington can grind even the The assistant legislative clerk read Reverend Halverson is survived by strongest individuals—which I think is as follows: his wife Doris, and I hope that she one of the reasons God gave us Dick A bill (S. 1432) to amend title II of the So- knows that each of us joins her in Halverson. cial Security Act to provide for increases in mourning the loss of her husband. Pastor Halverson used to say, ‘‘I the amounts of allowable earnings under the While her husband and our friend is never try to be in a hurry.’’ While all of Social Security earnings limit for individ- gone, he has left a little something of us would scurry around from scheduled uals who have attained retirement age, and himself with those who knew him and event to scheduled event, Chaplain Hal- for other purposes. we will never forget the service he ren- verson lived that phrase, ‘‘I never try Mr. LOTT. I object to further consid- dered, or the man he was. to be in a hurry.’’ And he slowed us eration of this matter at this time. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17825 The PRESIDING OFFICER. The bill The resolution (S. Res. 196) was (A) the Settlement Agreement to become will be placed on the calendar. agreed to. effective; and f The preamble was agreed to. (B) the United States to take into trust the property referred to in paragraph (6)(A) and f UNANIMOUS-CONSENT make that property a part of the Reserva- AGREEMENT—H.R. 1058 SADDLEBACK MOUNTAIN-ARIZONA tion. SETTLEMENT ACT (b) PURPOSES.—The purposes of this Act Mr. LOTT. Madam President, I ask are— unanimous consent that at 9:30 a.m. on Mr. LOTT. Madam President, I ask (1) to approve and confirm the Settlement, Tuesday, December 5, the Senate re- unanimous consent the Senate proceed Release, and Property Conveyance Agree- ceive the conference report to accom- to the immediate consideration of Cal- ment executed by the Community, the City, pany H.R. 1058, the securities litigation endar No. 245, S. 1341. and the Resolution Trust Corporation; bill, and it be considered under the fol- The PRESIDING OFFICER. Without (2) to ensure that the Settlement Agree- lowing time agreement: 8 hours equally objection, it is so ordered. ment (including the Development Agree- ment, the Use Agreement, and all other asso- divided in the usual manner between The clerk will report. ciated ancillary agreements and exhibits)— the chairman and the ranking minority The assistant legislative clerk read (A) is carried out; and member of the Banking Committee or as follows: (B) is fully enforceable in accordance with their designee, with 15 minutes of the A bill (S. 1341) to provide for the transfer of its terms, including judicial remedies and majority time under the control of certain lands to the Salt River Pima-Mari- binding arbitration provisions; and Senator SPECTER, and that following copa Indian Community and the city of (3) to provide for the taking into trust by the conclusion or yielding back of Scottsdale, Arizona, and for other purposes. the United States of the portion of the time, the Senate proceed to vote on the The Senate proceeded to consider the Saddleback Property purchased by the Com- bill, which had been reported from the munity in order to make that portion a part conference report without any inter- of the Reservation. vening action or debate. Committee on Indian Affairs, with SEC. 3. DEFINITIONS. amendments; as follows: The PRESIDING OFFICER. Without For the purposes of this Act, the following objection, it is so ordered. (The parts of the bill intended to be definitions shall apply: f stricken are shown in boldface brack- (1) CITY.—The term ‘‘City’’ means the city ets and the parts of the bill intended to of Scottsdale, Arizona, which is a municipal RESOLUTION RELATIVE TO THE be inserted are shown in italic.) corporation in the State of Arizona. DEATH OF THE REV. RICHARD S. 1341 (2) COMMUNITY.—The term ‘‘Community’’ HALVERSON, LATE THE CHAP- means the Salt River Pima-Maricopa Indian Be it enacted by the Senate and House of Rep- LAIN OF THE U.S. SENATE Community, which is a federally recognized resentatives of the United States of America in Indian tribe. Mr. LOTT. Madam President, I ask Congress assembled, unanimous consent the Senate proceed (3) DEDICATION PROPERTY.—The term SECTION 1. SHORT TITLE. ‘‘Dedication Property’’ means a portion of to the immediate consideration of Sen- This Act may be cited as the ‘‘Saddleback the Saddleback Property, consisting of ap- ate Resolution 196, submitted earlier Mountain-Arizona Settlement Act of 1995’’. proximately 27 acres of such property, that today by Senators DOLE and DASCHLE. SEC. 2. FINDINGS AND PURPOSES. the City will acquire in accordance with the The PRESIDING OFFICER. The (a) FINDINGS.—Congress finds that— Settlement Agreement. clerk will report. (1) the Salt River Pima-Maricopa Indian (4) DEVELOPMENT AGREEMENT.—The term The assistant legislative clerk read Community and the city of Scottsdale, Ari- ‘‘Development Agreement’’ means the agree- as follows: zona, have a longstanding interest in a 701- ment between the City and the Community, acre tract of land known as the ‘‘Saddleback executed on September 11, 1995, that sets Whereas, the Reverend Dr. Richard Halver- Property’’, that lies within the boundaries of forth conditions and restrictions that— son became the 60th Senate Chaplain on Feb- the City and abuts the north boundary of the (A) are supplemental to the Settlement, ruary 2, 1981, and faithfully served the Sen- Salt River Pima-Maricopa Indian Reserva- Release and Property Conveyance Agree- ate for 14 years as Senate Chaplain; tion; ment referred to in paragraph (11)(A); and Whereas, Dr. Halverson for more than 40 (2) the Saddleback Property includes (B) apply to the future use and develop- years was an associate in the International Saddleback Mountain and scenic hilly ter- ment of the Development Property. Prayer Breakfast Movement and Chairman rain along the Shea Boulevard corridor in (5) DEVELOPMENT PROPERTY.—The term of the Board of World Vision and President Scottsdale, Arizona, that— ‘‘Development Property’’ means a portion of of Concerned Ministries; (A) has significant conservation value; and the Saddleback Property, consisting of ap- Whereas, Dr. Halverson was the author of (B) is of historic and cultural significance proximately 211 acres, that the Community several books, including ‘‘A Day at a Time’’, to the Community; will acquire in accordance with the Settle- ‘‘No Greater Power’’, ‘‘We the People’’, and (3) in 1989, the Resolution Trust Corpora- ment Agreement. ‘‘Be Yourself. . .and God’s’’; and tion acquired the Saddleback Property as a (6) MOUNTAIN PROPERTY.—The term ‘‘Moun- Whereas, Dr. Halverson was graduated receiver for the Sun City Savings and Loan tain Property’’ means a portion of the from Wheaton College and Princeton Theo- Association; Saddleback Property, consisting of approxi- logical Seminary, and served as a Pres- (4) after the Saddleback Property was no- mately 365 acres, that the Community will byterian minister throughout his profes- ticed for sale by the Resolution Trust Cor- acquire in accordance with the Settlement sional life, including being the senior pastor poration, a dispute between the Community Agreement. at Fourth Presbyterian Church of Bethesda, and the City arose concerning the future (7) PRESERVATION PROPERTY.—The term Maryland: Now, therefore, be it ownership, use, and development of the ‘‘Preservation Property’’ means a portion of Resolved, That the Senate has heard with Saddleback Property; the Saddleback Property, consisting of ap- profound sorrow and deep regret the an- (5) the Community and the City each filed proximately 98 acres, that the City will ac- nouncement of the death of the Reverend Dr. litigation with respect to that dispute, but quire in accordance with the Settlement Richard Halverson, late the Chaplain of the in lieu of pursuing that litigation, the Com- Agreement. United States Senate. munity and the City negotiated a Settle- (8) RESERVATION.—The term ‘‘Reservation’’ Resolved, That the Secretary transmit an ment Agreement that— means the Salt River Pima-Maricopa Indian enrolled copy thereof to the family of the de- (A) addresses the concerns of each of those Reservation. ceased. parties with respect to the future use and de- (9) SADDLEBACK PROPERTY.—The term Resolved, That when the Senate recesses or velopment of the Saddleback Property; and ‘‘Saddleback Property’’ means a tract of adjourns today, it recess or adjourn as a fur- (B) provides for the dismissal of the litiga- land that— ther mark of respect to the memory of the tion; (A) consists of approximately 701 acres deceased. (6) under the Settlement Agreement, sub- within the city of Scottsdale, Arizona; and Mr. LOTT. Madam President, I ask ject to detailed use and development agree- (B) includes the Dedication Property, the unanimous consent the resolution be ments— Development Property, the Mountain Prop- agreed to, the preamble be agreed to, (A) the Community will purchase a portion erty, and the Preservation Property. the motion to reconsider be laid upon of the Saddleback Property; and (10) SECRETARY.—The term ‘‘Secretary’’ the table and any statements relating (B) the City will purchase the remaining means the Secretary of the Interior. portion of that property; and (11) SETTLEMENT AGREEMENT.—The term to the resolution appear at the appro- (7) the Community and the City agree that ‘‘Settlement Agreement’’— priate place in the RECORD. the enactment of legislation by Congress to (A) means the Settlement, Release and The PRESIDING OFFICER. Without ratify the Settlement Agreement is nec- Property Conveyance Agreement executed objection, it is so ordered. essary in order for— on September 11, 1995, by the Community, S 17826 CONGRESSIONAL RECORD — SENATE November 29, 1995 the City, and the Resolution Trust Corpora- (2) DEDICATION PROPERTY.—The Dedication through the eminent domain litigation. tion (in its capacity as the Receiver for the Property shall be used to widen, reconfigure, The community thereupon filed civil Sun State Savings and Loan Association, repair, or reengineer Shea Boulevard and rights actions against the city and the F.S.A.); and 136th Street, in accordance with sections Resolution Trust Corporation, seeking (B) includes the Development Agreement, 4(D) and 7 of the Settlement Agreement. damages. the Use Agreement, and all other associated (3) MOUNTAIN PROPERTY.—Except for the ancillary agreements and exhibits. areas in the Mountain Property referred to Rather than pursue the litigation, (12) USE AGREEMENT.—The term ‘‘Use as Special Cultural Land in section 5(C) of the city, the community and the Reso- Agreement’’ means the agreement between the Settlement Agreement, the Mountain lution Trust Corporation sought to re- the City and the Community, executed on Property shall be forever preserved in its solve their dispute through negotia- September 11, 1995, that sets forth conditions natural state for use only as a public park or tion. The result of their efforts is a set- and restrictions that— recreation area that shall— tlement agreement under which the (A) are supplemental to the Settlement, (A) be utilized and maintained for the pur- Resolution Trust Corporation will sell Release and Property Conveyance Agree- poses set forth in section 5(C) of the Settle- the property to Scottsdale and the ment referred to in paragraph (11)(A); and ment Agreement; and community for a total of $6,500,000. The (B) apply to the future use and develop- (B) be subject to the restrictions set forth city will pay $636,000 to acquire ap- ment of the Mountain Property. in section 5(C) of the Settlement Agreement. proximately 98 acres for preservation SEC. 4. APPROVAL OF AGREEMENT. (4) DEVELOPMENT PROPERTY.—The Develop- The Settlement Agreement is hereby ap- ment Property shall be used and developed and 27 acres for future expansion of an proved and ratified and shall be fully en- for the economic benefit of the Community important traffic artery, Shea Boule- forceable in accordance with its terms and in accordance with the provisions of the Set- vard. The community will pay the provisions of this Act. tlement Agreement and the Development $5,864,000 to acquire 576 acres adjoining SEC. 5. TRANSFER OF PROPERTIES. Agreement. its reservation, and this land will be (a) IN GENERAL.—Upon satisfaction of all SEC. 7. AMENDMENTS TO THE SETTLEMENT added to its reservation. The two law- conditions to closing set forth in the Settle- AGREEMENT. suits, which are pending in the U.S. ment Agreement, the Resolution Trust Cor- No amendment made to the Settlement poration shall transfer, pursuant to the Agreement (including any deviation from an District Court for the District of Ari- terms of the Settlement Agreement— approved plan described in section 9(B) of the zona, will be dismissed. (1) to the Secretary, the Mountain Prop- Settlement Agreement) shall become effec- Under the settlement agreement, 365 erty and the Development Property pur- tive, unless the amendment— acres of the property to be acquired by chased by the Community from the Resolu- (1) is made in accordance with the applica- the community, including Saddleback tion Trust Corporation; and ble requirements relating to the form and Mountain, will be forever preserved in (2) to the City, the Preservation Property approval of the amendment under sections its natural state for use only as a pub- and the Dedication Property purchased by 9(B) and 34 of the Settlement Agreement; lic park and recreation area. Except for the City from the Resolution Trust Corpora- and a limited number of sites that are of (2) is consistent with the provisions of this tion. particular historical and cultural sig- (b) TRUST STATUS.—The Mountain Prop- Act. nificance to the community, the public erty and the Development Property trans- Mr. MCCAIN. Mr. President, I rise in will have free access to this area. To- ferred pursuant to subsection (a)(1) shall, support of S. 1341, the Saddleback subject to sections 6 and 7— gether with the preservation property Mountain-Arizona Settlement Act of (1) be held in trust by the United States for to be acquired by the city, it will be 1995. the Community; and jointly managed by the city and the I was very pleased to join with Sen- (2) become part of the Reservation. community. The remaining 211 acres to (c) LIMITATION ON LIABILITY.—Notwithstand- ator KYL in sponsoring this legislation. be acquired by the community will be ing any other provision of law, the United Its purpose is to approve an agreement subject to a detailed development States shall not incur any liability for condi- to settle a dispute between the Salt agreement with the city, as well as the tions, existing prior to the transfer, on the par- River Pima-Maricopa Indian commu- limitations and restrictions of current cels of land referred to in subsection (b) to be nity and the city of Scottsdale, AZ, transferred to the United States in trust for the community zoning laws. over 701 acres of land known as the Salt River Pima-Maricopa Indian Community. Enactment of S. 1341 will eliminate ø(c)¿ (d) RECORDS.—Upon the satisfaction Saddleback property. This property is any ambiguity as to the enforceability of all of the conditions of closing set forth in currently held by the Resolution Trust of the settlement agreement, and will the Settlement Agreement, the Secretary Corporation. ensure that the lands purchased by the shall file a plat of survey depicting the The Saddleback property is located Salt River Indian Community will be Saddleback Property (that includes a depic- in the easternmost part of Scottsdale, held in trust by the United States as tion of the Dedication Property, the Devel- abuts 1.7 miles of the northern bound- opment Property, the Mountain Property, part of the Salt River Reservation. and the Preservation Property) with— ary of the Salt River Indian Reserva- The sale of the Saddleback property (1) the office of the Recorder of Maricopa tion, and is undeveloped. Its most dis- to the Indian community and the city County, Arizona; and tinctive feature is Saddleback Moun- will realize $6.5 million for the tax- (2) the Titles and Records Center of the Bu- tain, a striking natural landmark that payers, less any closing costs incurred reau of Indian Affairs, located in Albuquer- rises abruptly from the desert floor to by the Resolution Trust Corporation. que, New Mexico. a height of 900 feet. Due to its location, No new authorization or expenditure of SEC. 6. LIMITATIONS ON USE AND DEVELOP- high conservation value and other spe- Federal funds is needed and none is MENT. cial features, the property’s use and Upon the satisfaction of all of the condi- provided by S. 1341. tions of closing set forth in the Settlement disposition are of major importance The Committee on Indian Affairs Agreement, the properties transferred pursu- both to the community and the city. held a hearing on S. 1341 on October 26, ant to paragraphs (1) and (2) of section 5(a) A dispute arose after the Resolution 1995, and on November 7, by voice vote, shall be subject to the following limitations Trust Corporation, in its capacity as ordered the bill reported with an and conditions on use and development: the receiver for the Sun State Savings amendment. As amended, the bill has (1) PRESERVATION PROPERTY.— & Loan Association, acquired the the unqualified support of the adminis- (A) IN GENERAL.—Except as provided in Saddleback property in 1989 and subse- tration as well as the Salt River Pima- subparagraph (B), the Preservation Property quently noticed it for sale. The com- shall be forever preserved in its natural state Maricopa Indian community and the for use only as a public park or recreation munity submitted the highest cash bid city of Scottsdale. area that shall— for the property, $6,500,000, conditioned The Saddleback settlement reflects (i) be utilized and maintained for the pur- upon being able to develop the flat por- what President Lincoln referred to as poses set forth in section 4(C) of the Settle- tion of the property. the city, con- the better angels of our nature. Rather ment Agreement; and cerned about the direction that devel- than spend time and money on acri- (ii) be subject to the restrictions set forth opment of the property by the commu- monious litigation, the leaders of the in section 4(C) of the Settlement Agreement. nity might follow, sued the Resolution tribal and city governments empha- (B) SHEA BOULEVARD.—At the sole discre- Trust Corporation to acquire the prop- tion of the City, a portion of the Preserva- sized their common interests and nego- tion Property may be used to widen, erty by eminent domain. The Resolu- tiated their differences in good faith as reconfigure, repair, or reengineer Shea Bou- tion Trust Corporation then rejected neighbors. The enhanced mutual re- levard in accordance with section 4(D) of the all auction sale bids and determined to spect resulting from this cooperation is Settlement Agreement. transfer the property to Scottsdale a significant byproduct of their efforts. November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17827 In particular, I congratulate Ivan (A) addresses the concerns of each of those (9) SADDLEBACK PROPERTY.—The term Makil, the President of the Salt Water parties with respect to the future use and de- ‘‘Saddleback Property’’ means a tract of Pima-Maricopa Indian community, and velopment of the Saddleback Property; and land that— Herb Drinkwater, the mayor of Scotts- (B) provides for the dismissal of the litiga- (A) consists of approximately 701 acres tion; within the city of Scottsdale, Arizona; and dale, and their respective councils, for (6) under the Settlement Agreement, sub- (B) includes the Dedication Property, the their enlightened leadership in resolv- ject to detailed use and development agree- Development Property, the Mountain Prop- ing the questions and issues involving ments— erty, and the Preservation Property. the Saddleback property. (A) the Community will purchase a portion (10) SECRETARY.—The term ‘‘Secretary’’ As a result of their collective efforts, of the Saddleback Property; and means the Secretary of the Interior. Saddleback Mountain will be preserved (B) the City will purchase the remaining (11) SETTLEMENT AGREEMENT.—The term in its natural state in a park setting portion of that property; and ‘‘Settlement Agreement’’— (7) the Community and the City agree that within what is a rapidly developing (A) means the Settlement, Release and the enactment of legislation by Congress to Property Conveyance Agreement executed urban area. For generations to come, ratify the Settlement Agreement is nec- on September 11, 1995, by the Community, citizens of every stripe will be able to essary in order for— the City, and the Resolution Trust Corpora- appreciate and enjoy this unique natu- (A) the Settlement Agreement to become tion (in its capacity as the Receiver for the ral monument. Similarly, the Salt effective; and Sun State Savings and Loan Association, River Indian community is assured of (B) the United States to take into trust the F.S.A.); and always being able to preserve and pro- property referred to in paragraph (6)(A) and (B) includes the Development Agreement, make that property a part of the Reserva- tect the historic and cultural areas of the Use Agreement, and all other associated tion. ancillary agreements and exhibits. the mountain that are of great signifi- URPOSES (b) P .—The purposes of this Act (12) USE AGREEMENT.—The term ‘‘Use cance to its members. are— Agreement’’ means the agreement between The Saddleback settlement is a vic- (1) to approve and confirm the Settlement, the City and the Community, executed on tory for common sense and civility. It Release, and Property Conveyance Agree- September 11, 1995, that sets forth conditions is irrefutable evidence that good will ment executed by the Community, the City, and restrictions that— and the Resolution Trust Corporation; (A) are supplemental to the Settlement, and mutual respect are key to finding (2) to ensure that the Settlement Agree- Release and Property Conveyance Agree- win-win solutions to complex problems. ment (including the Development Agree- ment referred to in paragraph (11)(A); and S. 1341 confirms this victory and this ment, the Use Agreement, and all other asso- (B) apply to the future use and develop- evidence. I strongly urge the Senate to ciated ancillary agreements and exhibits)— ment of the Mountain Property. approve it. (A) is carried out; and (B) is fully enforceable in accordance with SEC. 4. APPROVAL OF AGREEMENT. Mr. LOTT. I ask unanimous consent The Settlement Agreement is hereby ap- the committee amendments be agreed its terms, including judicial remedies and binding arbitration provisions; and proved and ratified and shall be fully en- to, the bill be deemed read a third time (3) to provide for the taking into trust by forceable in accordance with its terms and and passed as amended, the motion to the United States of the portion of the the provisions of this Act. reconsider be laid upon the table, and Saddleback Property purchased by the Com- SEC. 5. TRANSFER OF PROPERTIES. any statements relating to the bill be munity in order to make that portion a part (a) IN GENERAL.—Upon satisfaction of all placed in the RECORD at the appro- of the Reservation. conditions to closing set forth in the Settle- priate place. SEC. 3. DEFINITIONS. ment Agreement, the Resolution Trust Cor- The PRESIDING OFFICER. Without For the purposes of this Act, the following poration shall transfer, pursuant to the terms of the Settlement Agreement— objection, it is so ordered. definitions shall apply: (1) CITY.—The term ‘‘City’’ means the city (1) to the Secretary, the Mountain Prop- The bill (S. 1341), as amended, was of Scottsdale, Arizona, which is a municipal erty and the Development Property pur- deemed read a third time and passed, corporation in the State of Arizona. chased by the Community from the Resolu- as follows: (2) COMMUNITY.—The term ‘‘Community’’ tion Trust Corporation; and S. 1341 means the Salt River Pima-Maricopa Indian (2) to the City, the Preservation Property and the Dedication Property purchased by Be it enacted by the Senate and House of Rep- Community, which is a federally recognized the City from the Resolution Trust Corpora- resentatives of the United States of America in Indian tribe. EDICATION PROPERTY tion. Congress assembled, (3) D .—The term ‘‘Dedication Property’’ means a portion of (b) TRUST STATUS.—The Mountain Prop- SECTION 1. SHORT TITLE. the Saddleback Property, consisting of ap- erty and the Development Property trans- This Act may be cited as the ‘‘Saddleback proximately 27 acres of such property, that ferred pursuant to subsection (a)(1) shall, Mountain-Arizona Settlement Act of 1995’’. the City will acquire in accordance with the subject to sections 6 and 7— SEC. 2. FINDINGS AND PURPOSES. Settlement Agreement. (1) be held in trust by the United States for (a) FINDINGS.—Congress finds that— (4) DEVELOPMENT AGREEMENT.—The term the Community; and (1) the Salt River Pima-Maricopa Indian ‘‘Development Agreement’’ means the agree- (2) become part of the Reservation. Community and the city of Scottsdale, Ari- ment between the City and the Community, (c) LIMITATION ON LIABILITY.—Notwith- zona, have a longstanding interest in a 701- executed on September 11, 1995, that sets standing any other provision of law, the acre tract of land known as the ‘‘Saddleback forth conditions and restrictions that— United States shall not incur any liability Property’’, that lies within the boundaries of (A) are supplemental to the Settlement, for conditions, existing prior to the transfer, the City and abuts the north boundary of the Release and Property Conveyance Agree- on the parcels of land referred to in sub- Salt River Pima-Maricopa Indian Reserva- ment referred to in paragraph (11)(A); and section (b) to be transferred to the United tion; (B) apply to the future use and develop- States in trust for the Salt River Pima-Mari- (2) the Saddleback Property includes ment of the Development Property. copa Indian Community. Saddleback Mountain and scenic hilly ter- (5) DEVELOPMENT PROPERTY.—The term (d) RECORDS.—Upon the satisfaction of all rain along the Shea Boulevard corridor in ‘‘Development Property’’ means a portion of of the conditions of closing set forth in the Scottsdale, Arizona, that— the Saddleback Property, consisting of ap- Settlement Agreement, the Secretary shall (A) has significant conservation value; and proximately 211 acres, that the Community file a plat of survey depicting the (B) is of historic and cultural significance will acquire in accordance with the Settle- Saddleback Property (that includes a depic- to the Community; ment Agreement. tion of the Dedication Property, the Devel- (3) in 1989, the Resolution Trust Corpora- (6) MOUNTAIN PROPERTY.—The term ‘‘Moun- opment Property, the Mountain Property, tion acquired the Saddleback Property as a tain Property’’ means a portion of the and the Preservation Property) with— receiver for the Sun City Savings and Loan Saddleback Property, consisting of approxi- (1) the office of the Recorder of Maricopa Association; mately 365 acres, that the Community will County, Arizona; and (4) after the Saddleback Property was no- acquire in accordance with the Settlement (2) the Titles and Records Center of the Bu- ticed for sale by the Resolution Trust Cor- Agreement. reau of Indian Affairs, located in Albuquer- poration, a dispute between the Community (7) PRESERVATION PROPERTY.—The term que, New Mexico. and the City arose concerning the future ‘‘Preservation Property’’ means a portion of SEC. 6. LIMITATIONS ON USE AND DEVELOP- ownership, use, and development of the the Saddleback Property, consisting of ap- MENT. Saddleback Property; proximately 98 acres, that the City will ac- Upon the satisfaction of all of the condi- (5) the Community and the City each filed quire in accordance with the Settlement tions of closing set forth in the Settlement litigation with respect to that dispute, but Agreement. Agreement, the properties transferred pursu- in lieu of pursuing that litigation, the Com- (8) RESERVATION.—The term ‘‘Reservation’’ ant to paragraphs (1) and (2) of section 5(a) munity and the City negotiated a Settle- means the Salt River Pima-Maricopa Indian shall be subject to the following limitations ment Agreement that— Reservation. and conditions on use and development: S 17828 CONGRESSIONAL RECORD — SENATE November 29, 1995 (1) PRESERVATION PROPERTY.— our children and adults so that they play by the rules and pursue their mis- (A) IN GENERAL.—Except as provided in can become self-sufficient. They enrich sions in good faith. Both bills restore subparagraph (B), the Preservation Property our lives through music and the arts. fairness to the law and remove the shall be forever preserved in its natural state They seek cures for diseases that cloud over charitable giving. Today, we for use only as a public park or recreation area that shall— plague humanity. They encourage the can send an important signal to our (i) be utilized and maintained for the pur- preservation of our environment. As citizens that in their time of need, poses set forth in section 4(C) of the Settle- our Government finally begins to America’s charities will still be there ment Agreement; and tighten its fiscal belt, America’s char- for them and future generations. (ii) be subject to the restrictions set forth ities will be expected to assume an Again, I commend my colleagues in section 4(C) of the Settlement Agreement. even greater responsibility. As they from Texas and Connecticut, Senators (B) SHEA BOULEVARD.—At the sole discre- have done on so many occasions during HUTCHISON and DODD, and all the co- tion of the City, a portion of the Preserva- war and peace, depression and prosper- sponsors of S. 978, for coming together tion Property may be used to widen, ity, America’s charities are prepared to reconfigure, repair, or reengineer Shea Bou- in a demonstration of bipartisan sup- levard in accordance with section 4(D) of the answer the call for assistance. port for America’s charities. Settlement Agreement. America’s charities are a vital foun- I urge all my colleagues to support (2) DEDICATION PROPERTY.—The Dedication dation of our Nation. However, today, immediate passage of H.R. 2519 and Property shall be used to widen, reconfigure, they are under unwarranted and life- H.R. 2525. repair, or reengineer Shea Boulevard and threatening assault. As many of my Mr. LOTT. I ask unanimous consent 136th Street, in accordance with sections colleagues know, an ominous class ac- the bill be considered and deemed read 4(D) and 7 of the Settlement Agreement. tion lawsuit in a Federal court in a third time and passed, the motion to (3) MOUNTAIN PROPERTY.—Except for the Texas has put American philanthropy areas in the Mountain Property referred to reconsider be laid upon the table, and as Special Cultural Land in section 5(C) of in jeopardy. Specifically, this lawsuit any statements relating to the bill ap- the Settlement Agreement, the Mountain disingenuously attempts to apply secu- pear at appropriate place in the Property shall be forever preserved in its rities and antitrust laws meant to gov- RECORD. natural state for use only as a public park or ern commercial enterprises to fund- The PRESIDING OFFICER. Without recreation area that shall— raising and money-management tech- objection, it is so ordered. (A) be utilized and maintained for the pur- niques of charities. This is an applica- The bill (H.R. 2519) was deemed read poses set forth in section 5(C) of the Settle- tion of Federal law never contemplated three times and passed. ment Agreement; and by Congress. f (B) be subject to the restrictions set forth This lawsuit has been an issue of in section 5(C) of the Settlement Agreement. great concern to this Congress. To CHARITABLE GIFT ANNUITY (4) DEVELOPMENT PROPERTY.—The Develop- ANTITRUST RELIEF ACT ment Property shall be used and developed their credit, my friends and colleagues for the economic benefit of the Community from Texas and Connecticut, Senators Mr. LOTT. Madam President, I ask in accordance with the provisions of the Set- HUTCHISON and DODD, identified this unanimous consent the Senate proceed tlement Agreement and the Development problem early on and introduced S. 978 to the immediate consideration of H.R. Agreement. to address the issues raised in the law- 2525, just received from the House. SEC. 7. AMENDMENTS TO THE SETTLEMENT suit and clarify the role of the securi- The PRESIDING OFFICER. The AGREEMENT. ties laws and the antitrust laws with clerk will report. No amendment made to the Settlement Agreement (including any deviation from an respect to charitable organizations. I The assistant legislative clerk read approved plan described in section 9(B) of the am pleased to be one of a number of bias follows: Settlement Agreement) shall become effec- partisan cosponsors of this legislation. A bill (H.R. 2525) to modify the operation tive, unless the amendment— I am even more pleased that the Senate of the antitrust laws, and of State laws simi- (1) is made in accordance with the applica- is taking action to pass this legisla- lar to the antitrust laws, with respect to ble requirements relating to the form and tion. Quick action to enact this legisla- charitable gift annuities. approval of the amendment under sections tion would free donors to make year- The Senate proceeded to consider the 9(B) and 34 of the Settlement Agreement; end gifts without fear of becoming en- bill. and Mr. LOTT. I ask unanimous consent (2) is consistent with the provisions of this tangled in a stressful, costly lawsuit. Act. Further, enactment of this bill would the bill be considered and deemed read f free charities to do what they do best: a third time and passed, the motion to serve the people of America. With the reconsider be laid upon the table, and PHILANTHROPY PROTECTION ACT beginning of the holiday season—the any statements relating to the bill ap- Mr. LOTT. Madam President, I ask peak period of charitable giving—pas- pear at the appropriate place in the unanimous consent the Senate proceed sage of this bill could not have come at RECORD. to the immediate consideration of H.R. a better time. The PRESIDING OFFICER. Without 2519, just received from the House. I also would like to commend our col- objection, it is so ordered. The PRESIDING OFFICER. Without leagues in the House of Representa- The bill (H.R. 2525) was deemed read objection, it is so ordered. tives. They took action last night and three times and passed. The clerk will report. passed both H.R. 2519 and H.R. 2525 f The assistant legislative clerk read unanimously. I applaud the House lead- ORDERS FOR THURSDAY, as follows: ership and the bipartisan sponsors of NOVEMBER 30, 1995 A bill (H.R. 2519) to facilitate contributions this bill, including Representatives to charitable organizations by codifying cer- HYDE, CONYERS, BLILEY, FIELDS, DIN- Mr. LOTT. Madam President, I ask tain exemptions from the Federal securities GELL and MARKEY, among others, for unanimous consent now that when the laws, and for other purposes. working together to pass the bill as Senate completes its business today it The Senate proceeded to consider the part of the House’s Correction Day cal- stand in adjournment until the hour of bill. endar. 10 a.m. on Thursday, November 30; that Mr. PRESSLER. Madam President, I Action is needed. Millions of dollars following the prayer, the Journal of am pleased that the Senate today is of donations that should be going to proceedings be deemed approved to taking action on H.R. 2519, the Philan- charitable programs are instead being date, no resolutions come over under thropy Protection Act, and H.R. 2525, wasted on attorneys’ fees and needless the rule, the call of the calendar be dis- the Charitable Gift Annuity Anti-trust litigation. We must not stand idly by pensed with, the morning hour be Relief Act. Both bills are very impor- while America’s charitable organiza- deemed to have expired, time for the tant to our Nation’s charitable organi- tions are looted. Both bills make clear two leaders be reserved for their use zations. These bills deserve our full that charities that go astray of both later in the day, and there then be a support. the law and the public trust will be period for morning business until the America’s charities are America’s in- held accountable to the full extent of hour of 2 p.m. with Senators permitted spiration. They serve those in physical the law. Both bills would end unfair to speak for up to 5 minutes each; with and spiritual distress. They educate punishment of those charities that the following exceptions: Senator November 29, 1995 CONGRESSIONAL RECORD — SENATE S 17829

DASCHLE or designee, 60 minutes; Sen- leader to turn to any legislative matter ADJOURNMENT UNTIL 10 A.M. ator THOMAS for 60 minutes. that can be cleared for action including TOMORROW The PRESIDING OFFICER. Without the HUD–VA appropriations conference Mr. LOTT. If there is no further busi- objection, it is so ordered. report if received from the House. ness to come before the Senate, I now f Therefore votes could occur. ask unanimous consent the Senate stand in adjournment under the pre- PROGRAM vious order. Mr. LOTT. Madam President, follow- There being no objection, the Senate, ing the morning business on Thursday at 7:30 p.m., adjourned until Thursday, it will be the intention of the majority November 30, 1995, at 10 a.m. November 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2253 EXTENSIONS OF REMARKS

CHANGES IN THE MEDICARE PART A recent study by the U.S. General Ac- would like to enter into the CONGRESSIONAL B PROGRAM FOR FEHBP MEMBERS counting Office [GAO] entitled ``Prescription RECORD the following excerpts from a state- Drugs and the Elderly'' noted that health prac- ment by Bernice Powell Jackson from the Civil HON. ROBERT A. BORSKI titioners are in agreement that in order for our Rights Journal. OF PENNSYLVANIA Nation's elderly to receive safe and effective No one could attend Cleveland Robinson’s IN THE HOUSE OF REPRESENTATIVES care, physicians, pharmacists, and patients funeral, held at the Cathedral of St. John the Divine in New York City, and not be awed. Wednesday, November 29, 1995 should all participate in the drug therapy decisionmaking process through increased com- There was the grandeur of the church, the Mr. BORSKI. I rise today to express my munication. However, mail-order prescriptions power of the African drummers leading the procession and there was the procession it- concern about the proposed changes in the do not allow this type of face-to-face commu- Medicare part B prescription drug benefit pro- self. In it were Jesse Jackson, Andrew nication and accurate recordkeeping which is Young, Corertta Scott King, David Dinkins gram for our Federal employees and retirees. essential to prevent dangerous mistakes with Effective January 1, 1996, many Federal re- and Harry Belafonte. In it were labor leader prescription drugs. like Bill Lucy and Owen Bieber and union tirees receiving medical benefits through Blue Finally, Blue Cross/Blue Shield has stated members whom Cleveland Robinson had Cross/Blue Shield will be forced to obtain their the proposed elimination of the prescription spent a life-time representing. In it were prescription drugs from mail-order drug com- drug waiver for Federal retirees was a result church leaders and civic leaders and Robin- panies or be required to pay an additional 20 of ``working hard to create a balance between son family members. In it were the Consul percent copayment for their prescription drugs General and Ambassador from Robinson’s acquired from their neighborhood druggist. As providing an overall comprehensive benefits native Jamaica. It was an awesome moment. a result, over 1 million of our Nation's seniors package for [its FEHBP] members and keep- Cleveland Robinson’s name is not a house- may no longer be able to afford to have the ing [its] premiums competitive.'' hold word. Yet, he was a man whose unswerving commitment to the working people convenience and security of receiving their However, this decision seemingly ignores the fact that increasing the medicinal risk to of our country led to the improvement of the prescription drugs from their neighborhood, lives of the 30,000 mostly black and Hispanic preferred-network pharmacies. many seniors by removing local druggists could have a drastic effect on the health care workers in small shops and department On January 1, Federal employees and retir- stores whom he represented. He was a man ees who receive retail pharmacy benefits from costs for everyone. According to the GAO whose dedication to fighting injustice, espe- the Medicare part B program of the Federal study, nearly one of four ambulatory elderly cially racial injustice, led him to be a loyal Employee Health Benefits Program [FEHBP] patients were taking prescription medication in and fearless supporter of the civil rights Blue Cross/Blue Shield standard option will no an inappropriate manner which led to unnec- movements in the United States and the longer have their 20-percent coinsurance drug essary adverse reactions and higher medical anti-apartheid movement in South Africa. It was Cleveland Robinson who served as deductible waived if they choose to receive costs amounting to $20 billion a year. By further increasing the risk of medicinal accident the administrator chairman of the 1963 their drugs from their local pharmacy. Only March on Washington. In her remarks at his those members who receive their prescription to the elderly, there is no estimate as to the funeral, Mrs. King remembered his long-time drugs through mail-order drug companies will likely increase in medical costs. support for Dr. King and the civil rights be entitled to retain the waiver available under Therefore, Mr. Speaker, considering the un- movement, dating back to the 1956 Mont- current law. As a result, many of our Nation's necessary risk that would be imposed on gomery bus boycott. Indeed, many in the retired Federal employees will no longer be many of our Nation's retired Federal employ- movement knew that you always could able to afford the safety and convenience of ees as a result of a simple cost-cutting meas- count on Cleveland Robinson for moral and receiving their prescription drugs from their ure, it is unwise and inappropriate to place the financial support and ‘‘troops’’ when you protection of the neighborhood pharmacist out confronted racism. neighborhood druggists. It was the same in the anti-apartheid Mr. Speaker, by raising the cost of prescrip- of the economic range for many of our Na- movement, where Cleveland Robinson played tion drugs by 20 percent, Blue Cross/Blue tion's retired Federal employees. a key role in getting labor support of anti- Shield is economically forcing many of our Na- f apartheid activities. He helped to organize tion's seniors into receiving their prescription the 1986 anti-apartheid rally in New York drugs from anonymous mail-order drug com- A TRIBUTE TO CLEVELAND City where nearly a million marched and let panies. By removing trusted, local druggists ROBINSON our national leaders know they no longer from the picture, Blue Cross/Blue Shield is had public support for U.S. backing of a rac- ist regime. For that reason President Nelson creating a potentially dangerous situation for HON. CHARLES B. RANGEL Mandela sent a personal message to Robin- many of our retired Federal employees. OF NEW YORK son’s funeral. First, Federal retirees, like most senior citi- IN THE HOUSE OF REPRESENTATIVES Mr. Robinson's contribution to America was zens, use prescription drugs more frequently Wednesday, November 29, 1995 powerful, and I would like to take this moment than any other age group. Many of the drugs to honor his memory and to mourn our loss. taken by the elderly are so dramatically impor- Mr. RANGEL. Mr. Speaker, I rise today to f tant that should a senior citizen mistakenly for- pay tribute to Cleveland Robinson, leader of get to reorder his or her medication, or acci- District 65 of the United Auto Workers Union TRIBUTE TO TOM LAZZARO dentally spill the medication in the sink, the in New York City who recently passed away. consequences of not being able to acquire or Cleveland Robinson committed his life to eco- HON. CARRIE P. MEEK nomic justice and racial equality. As a union afford immediate replacement of the prescrip- OF FLORIDA representative, he fought to improve the lives tion would be life threatening. IN THE HOUSE OF REPRESENTATIVES In addition, senior citizens are more likely to of the mostly black and Hispanic New York be taking multiple drugs at the same time. City autoworkers whom he represented. Com- Wednesday, November 29, 1995 Many seniors require the face-to-face attention mitted to racial justice in the United States and Mrs. MEEK of Florida. Mr. Speaker, I have and recordkeeping provided by pharmacists to internationally, Mr. Robinson also served as the privilege of honoring a colleague of mine ensure that their medications are being prop- the administrator chairman of the 1963 March who is retiring on December 3, 1995. After erly administered and that there are no ad- on Washington and helped to bring American giving of himself 30 years of continued and verse reactions among their prescriptions. Labor into the fight against South African dedicated service to the cognitive and affec- However, unlike community pharmacies, many apartheid. Mr. Robinson's commitment to jus- tive growth of thousands of students at Miami- mail-order firms do not maintain complete pa- tice was deeply held and his contribution to Dade Community College, he now seeks a tient medication records, which means that social justice was great. well-deserved retirement from leading and they cannot check for or prevent any potential In memory of Cleveland Robinson and in teaching so many of the college's increasing serious medication problems. tribute to the ideals for which he fought, I number of prominent alumni.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 2254 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 1995 My good friend, Tom Lazzaro, is among a Southern Pacific Railroad. While working for the value of giving to one's community. What rare breed of hardy but compassionate lead- the railroad Ethel studied cosmetology, earn- better lesson could we ask our young people ers of young folks who found themselves ing her license as a cosmetologist and a pro- to learn than the importance of being involved learning both from his wise counsel and dis- motion from housekeeper to beautician. It was as a volunteer to help make your home town arming compassion. Beginning his career at here that she would meet her husband, Rich- an even better place? The Munger Potato the college in 1964, he genuinely epitomized ard ``Pap'' Green, who worked as a clerk with Festival has done this by providing an impor- the dual role of teacher and coach, becoming the U.S. Postal Service. Ethel and Richard tant source of funding for recreational activities one of our Nation's premiere college tennis were married in September of 1928 and lived and facilities that are used throughout the year coaches. Highly respected among his peers, happily together for 55 years. in Munger and Merritt Township. he served as president of the National Junior Mr. and Mrs. Green moved to Los Angeles, Mr. Speaker, when a town of 1,700 is vis- College Athletic Men's Tennis Coaches Asso- CA shortly after they were married. In Los An- ited by 42,000, a major impact is felt. The ciation from 1974±1994. He was inducted into geles Ethel began working in a beauty shop. Munger Potato Festival has been vitally impor- three different halls of fame: the National Jun- At the shop Ethel met Gladys Owens, with tant in helping to provide resources to a won- ior College Athletic Association Men's Tennis whom she opened her own beauty shop on derful small community, and it is because of in 1992, the Dade County Tennis in 1995 and historic Central Avenue. Several years later, dedicated, willing people, like Don Smrecak. I the Florida Community College Activities As- Gladys moved to Chicago and Ethel became urge you and all of our colleagues to join me sociation in this same year. the sole proprietor of the establishment. While in thanking Don for his years of service to his As the Miami-Dade Community College's operating the beauty shop she had the privi- community. north campus tennis coach, he led the Falcon lege of working with such stars as Lena f netters for 30 seasons, compiling an astound- Horne, Eartha Kitt, and Catherine Dunham. ing .619 career winning percentage of 356 During her career Ethel also worked as a BUDGET RECONCILIATION wins and 219 losses. During that time, the Fal- seamstress and a businesswoman. Upon her con tennis team won three consecutive na- husband's retirement Ethel spent a decade in HON. LEE H. HAMILTON tional championships in 1966, 1967 and 1968, the rest home business. OF INDIANA finishing as national runners-up three times Although Ethel maintained a busy career, IN THE HOUSE OF REPRESENTATIVES and winning seven Florida State tennis titles. she always found time to contribute to her Wednesday, November 29, 1995 Known throughout Florida as a coach community. Ethel has given direction and extraordinaire and personal confidante of made financial contributions to many organiza- Mr. HAMILTON. Mr. Speaker, I would like to many a student-athlete at the college, Mr. tions which provide scholarships to deserving insert my Washington Report for Wednesday, Lazzaro developed 13 junior college all-Amer- youngsters, such as the Alpha Wives Auxiliary November 29, 1995, into the CONGRESSIONAL ican tennis players and went out of his way to Scholarship Fund, the Cecil Murray Education RECORD. obtain for 30 athletes scholarships to various Center, the Tillotson College Scholarship WHY I OPPOSED THE GINGRICH BUDGET PLAN 4-year institutions. It is this commitment to the Fund, and the National Association for the Ad- Earlier this month, the House considered future success of his students that endeared vancement of Colored People. She continues two different budget reconciliation plans him to the hundreds of young athletes who to participate in a number of civic and social that would balance the federal budget in chose to learn not only the athletic demands organizations, sharing with them her humor, seven years. The first plan, proposed by Speaker Gingrich, was approved by the to which they were subjected but also pre- insight, courage, and love of humankind. House and Senate, but vetoed by President pared them to pursue with excellence the aca- Mr. Speaker, Ethel Haws Green is an inspi- Clinton. I opposed this version. The second demic requirements toward furthering their ration to us all. I ask that you and my col- plan, drafted by a group of conservative education. leagues join me in recognizing this wonderful Democrats known as the ‘‘Coalition’’, was During his teaching career at the college, and gracious lady on her 100th birthday. defeated by the House. I supported this ver- this native of Hialeah instructed north campus f sion. students in health education, tennis, and nau- Congress is taking serious steps to address tilus training. Married for 42 years, Tom will THANK YOU, DON SMRECAK the budget deficit. I support a balanced budget and a line-item veto and have voted for a now enjoy a much-deserved retirement with balanced budget amendment to the U.S. Con- his wife Joan, along with his seven children HON. JAMES A. BARCIA stitution. I will continue to urge the Presi- and the other grandchildren that make up the OF MICHIGAN dent and my colleagues in Congress to reach burgeoning Lazzaro clan. IN THE HOUSE OF REPRESENTATIVES a bipartisan agreement to balance the budg- f et in seven years. Wednesday, November 29, 1995 The Gingrich plan.—This budget plan in- HONORING MS. ETHEL HAWS Mr. BARCIA. Mr. Speaker, grand events cludes the following major provisions: GREEN ON HER 100TH BIRTHDAY often start from small ones, and keeping them HEALTH CARE CUTS grand requires a special skill. Over the years The plan would cut back an estimated $270 HON. JULIAN C. DIXON the Munger Potato Festival has grown from a billion from projected spending in the Medi- care program. It would increase Part B pre- OF CALIFORNIA local event attracting area residents to one miums paid by beneficiaries; cut back pay- IN THE HOUSE OF REPRESENTATIVES which today boasts over 42,000 people who over a 4-day period celebrate the importance ments to hospitals and doctors; and give Wednesday, November 29, 1995 of potatoes to the local economy with a car- beneficiaries a wider choice of health insurance options. The plan also would cut back Mr. DIXON. Mr. Speaker, today I rise to nival, contests, wonderful food, and memories an estimated $170 billion from the federal honor Ms. Ethel Haws Green on the occasion galore. Don Smrecak has served as the chair- share of Medicaid by converting it into a of her 100th birthday, Saturday December 2, man of the festival for 10 years, and his ten- capped block grant to the states, limited the 1995. ure will always be fondly remembered. amount of federal funds a state could re- Born Alma Ethel Haws on December 2, During his term, the festival grew to its ceive. 1895, in Del Valle, TX, Ethel began her edu- present size. He created a special Kids Day, TAX BREAKS cation in the rural schools of Del Valle. She when children age 5 to 12 are able to partici- The Gingrich budget would provide $245 would later obtain her high school diploma pate in games free of charge. Every partici- billion in tax cuts, including: a $500-per-child from Los Angeles High School, attend pant wins a prize for being involved. This fol- tax credit for families with incomes up to Tillotson College, and earn a certificate in lows his work on the parade committee for $110,000; an expanded Individual Retirement fashion design from Los Angeles Trade Tech several years which helped make this parade Account (IRA); and a reduction in taxes on School. Following the death of her mother, capital gains income. It also would scale one of the most attractive of all area events. back the Earned Income Tax Credit, which Ethel withdrew from college to assist her fa- Don has been a member of the Munger Vol- benefits the working poor, by $32 billion. ther in raising her eight sisters and brothers. unteer Firemen Corps, the sponsoring organi- OTHER CUTS While helping to care for her siblings, she zation for the festival, for over 20 years. He The plan would reduce spending on welfare worked as a school teacher in Forney, TX. continues to serve on various festival commit- by $82 billion by converting the current pro- Ethel's career took many turns as she tees, as well as serving as the finance chair- gram into several block grants to the states. helped support her family. After leaving Del man of St. Norbert Church in Munger. It would cut back spending on farm pro- Valle she worked in Dallas, TX as a waitress Don and his wife Lori have two children, grams by $13.8 billion by reducing export and in Chicago, IL as a housekeeper with the who have been blessed in their family to see supports and replacing current programs for November 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2255 major commodities with declining annual ticians who have forgotten their manners. and best wishes for the future that we honor cash payments which are not tied to crop The policy debate reflects a nation at a his retirement. prices. It would also increase borrowing crossroads and turns on fundamental ques- f costs for college students, and reduce spend- tions about the size and role of the federal ing on veterans’ programs by $6.7 billion. government and whether there should be any TRIBUTE TO OKALOOSA COUNTY THE COALITION BUDGET safety net for the poor and the elderly. UNDERSHERIFF JERRY ALFORD At the end of the year, if the Republicans The conservative ‘‘Coalition’’ budget I refuse to moderate their more extreme devoted for asks every American to do their mands and if the President’s vetoes are sus- HON. JOE SCARBOROUGH fair share with more evenly distributed tained, then we will simply have to take the OF FLORIDA spending cuts. This plan would reduce spend- debate to the voters next fall. In the interim, ing by more than $850 billion over seven IN THE HOUSE OF REPRESENTATIVES we should not allow the country to be hurt years. It reforms welfare, preserves Medicare Wednesday, November 29, 1995 by government shutdowns and high wire and Medicaid for the future, cuts corporate management of the national debt. Mr. SCARBOROUGH. Mr. Speaker, the citi- subsidies, and makes farm programs more market-oriented. It also includes a line-item f zens of Okaloosa County and the State of Florida will be losing a much beloved and veto and tough enforcement measures. RETIREMENT OF CALIFORNIA The Coalition budget is a promising middle highly respected law enforcement officer on ground between the White House and the HIGHWAY PATROL COMMIS- December 31, 1995, when Okaloosa County Speaker’s budgets. It eliminates the federal SIONER MAURY HANNIGAN Undersheriff Jerry Alford retires after four dec- budget deficit in seven years, as the Repub- ades of service as a law enforcement officer licans want, uses realistic cost estimates, en- HON. GARY A. CONDIT and public servant. It is a great honor to rec- sures that work pays more than welfare, and OF CALIFORNIA ognize this dedicated police officer for his reduces the burden of the debt, while requir- IN THE HOUSE OF REPRESENTATIVES ing less drastic cuts in social programs, such service in the field of criminal justice. as Medicare and Medicaid, because it is with- Wednesday, November 29, 1995 At a time when our Nation appears to lack confidence in our Government, and the men out tax breaks. Furthermore, the Coalition Mr. CONDIT. Mr. Speaker, I rise today to- budget reduces the deficit right away, while and women who fight to enforce the law of the gether with my California colleagues NANCY the Gingrich budget adds to the deficit (and land, it is fitting that today we honor a law en- the debt) in 1996 and 1997 because the tax PELOSI, CARLOS MOORHEAD, PETE STARK, forcement professional who always went to breaks are front-loaded. FRANK RIGGS, LUCILLE ROYBAL-ALLARD, LYNN extra mile to protect our citizens while striving My position.—I opposed the Republican WOOLSEY, HENRY WAXMAN, ZOE LOFGREN, to support and defend the Constitution of the budget plan for four reasons. WALLY HERGER, ROBERT MATSUI, ANDREA United States. Undersheriff Alford has known, First, the job of balancing the budget is SEASTRAND, HOWARD BERMAN, GEORGE better than most, that while trying to protect made much more difficult by huge tax RADONOVICH, ROBERT DORNAN, JANE HARMAN, breaks. We cannot justify large tax cuts our quality of life, we must respect the God KEN CALVERT, STEPHEN HORN, ELTON until the budget is balanced—especially given rights of freedom. when the tax breaks start early and most of GALLEGLY, JULIAN DIXON, RICHARD POMBO, His overall attitude of public service has the spending cuts are delayed. If and when a MATTHEW G. MARTINEZ, CALVIN DOOLEY, HOW- been a model in the lives of hundreds of law surplus does occur, then Congress should ARD ``BUCK'' MCKEON, TOM LANTOS, and BOB enforcement officers that he has trained, su- pass the tax cuts. It does not make sense to FILNER to honor a man who has dedicated pervised, and encouraged. His legacy will re- borrow more money to give ourselves a tax over 30 years of his life in service to the peo- mind new officers that when at all possible, cut. My preference would be for a more bal- ple of California. This month, Maurice J. anced tax package. A good portion of the police officers should go above and beyond (Maury) Hannigan will retire as the commis- the call of duty to assist the citizens with any Gingrich tax breaks would favor wealthier sioner of the California Highway Patrol, a post Americans. problem when it's legal, moral, and ethical to Second, my spending priorities are dif- which he has held meritoriously since 1989. do so. ferent. Half of the total savings come from Commissioner Hannigan was appointed to During the past 40 years, Mr. Alford has health care and assistance to the poor and the California Highway patrol November 30, proven himself a real patriot in the truest elderly. We should not ask the poor to bear 1964. He rose swiftly through the ranks of the sense of the word. In many occasions, he more than their share of the burden. The department serving for 5 years as deputy placed his life and limb in jeopardy, in defense cuts in Medicare and Medicaid are too steep. commissioner before being appointed commis- of lives and property of others. A man who My preference is for fair, across-the-board sioner. Commissioner Hannigan's tenure has cuts in most programs; deep cuts in ‘‘cor- has always had a vested interest in his coun- been one of accomplishment, courage, and try and community, Mr. Alford has served as porate welfare;’’ and more modest increases conviction. in defense spending. We should also preserve a U.S. Marine, a Walton County deputy sheriff, funding for long-term investments in edu- In a demanding job, Commissioner a special agent with the State of Florida Bev- cation, research and infrastructure. These Hannigan has never settled for simply doing erage Department, and undersheriff with the are necessary to continue economic growth, the minimum. After receiving his bachelor's Okaloosa County Sheriff's Office. increase revenues, and reduce the deficit. degree from Golden Gate University, he con- As Mr. Alford departs his active role in the Third, the plan delays most of the tough tinued to seek out further professional devel- law enforcement community, he can take pride spending cuts until 2001. Until then, we will opment and training becoming a graduate of have deficits in excess of $100 billion per in knowing that he influenced so many people the University of California Davis Executive in a positive way. Mr. Alford will always be re- year. My preference is to reduce spending Program, the Federal Bureau of Investigation gradually each year, rather than postponing membered not only as a committed crime action. National Academy, and the Federal Bureau of fighter, but a man of principle with a sincere Fourth, the process for consideration of Investigation National Executive Institute. His desire to serve his community, State, and Na- the bill was flawed. The bill is too large (it dedication also extends to the many law en- tion. runs over two thousand pages) and covers too forcement and traffic safety committees on f many important issues. Speaker Gingrich which he serves. only allowed two hours of debate on the It is indeed an exemplary attitude which has CONFERENCE REPORT ON S. 440, measure, without an opportunity for amend- made Commissioner Hannigan determined to NATIONAL HIGHWAY SYSTEM ment. This process places too much power in make California a safer place to live. In rec- DESIGNATION ACT OF 1995 the Speaker’s hands and subverts the legisla- ognition of this determination, Commissioner tive process. SPEECH OF Conclusion.—I am encouraged by the re- Hannigan has been the 1994 recipient of the cent agreement between the President and National Safety Council Distinguished Service HON. JAMES C. GREENWOOD congressional leaders which establishes a to Safety Award and the recipient of the J. OF PENNSYLVANIA basic framework for negotiations on the Stannard Baker Award-Special Recognition/ IN THE HOUSE OF REPRESENTATIVES budget. The President agreed to support a Lifetime Service to Public Safety bestowed by Saturday, November 18, 1995 seven year balanced budget plan and to use Northwestern University. Congressional Budget Office assumptions to We are all sorry to see Commissioner Mr. GREENWOOD. Mr. Speaker, I rise get there, provided the budget plan is bal- Hannigan leave the California Highway Patrol today in support of the conference report to anced, fair and does not devastate key federal programs, particularly Medicare, Medic- and in particular the post he has so singularly accompany S. 440, the National Highway Sys- aid and education. held for the last 6 years. It is without doubt tem Designation Act of 1995. Certain provi- The budget clash taking place in Washing- that his contributions to our California commu- sions in this report are of particular importance ton today is not just a squabble among poli- nity are far from over. It is with sincere thanks to my constituents and to all of the citizens of E 2256 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 1995 the Commonwealth of Pennsylvania. SOCIAL SECURITY IS FAR FROM a consequence, the Social Security Trust BROKEN Fund will be facing early bankruptcy. In Existing regulations implementing the Clean fact, says the footnote on page 181, ‘‘esti- Air Act would force Pennsylvania to accept a mates for later years (after 2030) are not centralized, test-only auto emissions inspec- HON. CHARLES B. RANGEL shown because the Funds are estimated to tion and maintenance program in order to be OF NEW YORK become exhausted in 2030.’’ IN THE HOUSE OF REPRESENTATIVES But—and this is a big ‘‘but’’—this is only deemed in compliance with that act. The test- Wednesday, November 29, 1995 one of three scenarios submitted by the only program would require citizens to bounce Board of Trustees. back and forth between test centers and auto Mr. RANGEL. Mr. Speaker, I rise today to A second scenario assumes an annual repair garages and would leave auto techni- enter into the CONGRESSIONAL RECORD an arti- growth rate of between 2 and 3 percent a year. That is a very slow growth rate when cians guessing about whether their work was cle by Mr. Gus Tyler celebrating the 60th anniversary of the Social Security trust fund and compared with growth in the years from 1960 successful in addressing their customer's decrying the false prediction that Social Secu- to 1964 (4.4 percent) or with growth in the problems. The citizens of Pennsylvania voiced years 1970 to 1974 (3.1 percent) or with 1984 rity is on the verge of bankruptcy, Mr. Tyler (6.2 percent). A growth rate in the next cen- their extreme dissatisfaction with such a pro- makes clear that the Social Security trust fund gram when it was proposed by our previous tury—from the year 2000 to 2070—of a mere 2 is not running out of money, as many of my to 2.5 percent is sluggish. Governor, and the State legislature repealed colleagues have argued. Yet, according to the report of the trust- the statute which provided for that program. The trust fund is strong and will remain ees, if such a growth rate, albeit slow, con- strong as long as the American economy is tinues, by the year 2070, the Social Security Provisions in this conference report elimi- Trust Fund will have an income of $22.74 tril- nate the arbitrary automatic 50 percent penalty strong. What threatens the trust fund is what threatens the economy: unemployment and a lion dollars and will have accumulated assets in emissions reductions credit that the regula- of $98.7 trillion. Yes, ‘‘trillion,’’ not billion! stagnant economy. We need to strengthen the The $98 trillion (roughly $100 trillion) is tions would impose on States that preferred a economy not to dismantle Social Security. decentralized approach. While I was not a not as outlandishly huge as it seems. The re- Moreover, the Social Security system strength- port for this scenario assumes an annual 3 Member of Congress when the 1990 Clean Air ens the American economy by generating buy- percent rate of inflation. Over 75 years (from Act amendments were enacted, I do not being power and increasing savings. I would like 1995 to 2070), a dollar will lose much of its lieve that Congress intended to require the to enter into the CONGRESSIONAL RECORD this value, ending up worth about 10 cents in 1995 one-size-fits all program that these regulations statement by Gus Tyler which clearly outlines currency. Allowing for that factor, the $98 trillion force on the States. The elimination of this why we don't need to dismantle Social Secu- dollar reserve projected for 2070 would only penalty would restore to the States the flexibil- rity. be worth one-tenth that sum—about $10 tril- ity that Congress intended that they have in TRUST FUND DOESN’T NEED TO BE ‘‘FIXED’’ lion—in 1995 dollars. creating programs that will make the most (By Gus Tyler) Ten trillion dollars in 1995 currency is, however, no mean sum to have as a reserve sense in their States. Additionally, under the The Social Security Trust Fund, which celebrates its 60th birthday this month, will in the Social Security Trust Fund. It is provisions, States like Pennsylvania whose go bust sometime between the year 2020 and twenty times as large as the present reserve legislature has not yet passed enabling legis- 2030. That forecast has been heard so often of about half a trillion. It is twice as large as lation will have 120 days to do so, as well as, and from so many authentic voices that the the total federal debt this year. It will, as noted above, be replenished in 2070 by an ad- to propose accompanying regulations. The statement is now taken to be a fact. Which it is not. ditional $22 trillion and by annual contribu- Congress is aware of the burden imposed To head off the imagined disaster, the fol- tions in that dimension in the years to fol- upon Pennsylvania by this timetable since it lowing remedies are presented: a) raise the low. coincides with the time in which the Penn- payroll tax that funds the system; b) reduce One of the problems that some insiders sylvania legislature must also develop a budg- the benefits to retirees; c) do not adjust the were posing a few years ago when this sce- benefits to meet the cost of living; d) tax nario began to unfold was—what to do with et that must be enacted by June 30. The par- benefits to help balance the budget. all that money? One of the possible answers ties to the agreement are aware of Pennsylva- If these cures are applied, they will kill the would be to allocate some of the money in nia's concerns with the small window and in- patient who is not sick. the Old Age and Survivors Fund to the Medi- tend to work with them. We also hope that The Social Security Trust Fund will not care Fund. run out of funds by 2020 or 2030 unless the The sums that are projected by this sce- EPA will be flexible in working with Pennsylva- United States runs into what amounts to a nario are not the outer limits of what can be nia as it develops its plan. depression that will continue for a pro- realized. The assumption of the ‘‘optimistic’’ Pennsylvania's current Governor, Tom tracted period. And the remedies currently forecast is that the economy will grow, be- proposed will hasten the coming of precisely tween now and 2070, at an average rate of Ridge, has proposed a decentralized test-and- such a depression that will not only destroy about 2.5 percent a year. That is no great repair program that he believes can meet the the Social Security program, but will de- shakes. Between 1960 and 1994, it grew at 2.8 goals of the Clean Air Act without visiting stroy the country. percent. And it could have grown faster if undue hardship and inconvenience on the mo- Here is the truth about Social Security as the Federal Reserve Board had not been re- set forth simply by an extremely authori- peatedly checking growth by raising interest torists and auto repair businesses of Penn- tative governmental body known as the rates and limiting the money supply. sylvania. The inspection and maintenance pro- Board of Trustees of the Federal Old-Age and Should the economy grow at 3 and 4 per- visions in this conference report would allow Survivors Insurance and Disability Insur- cent a year, added trillions would pour into Pennsylvania to complete the design and im- ance Trust Fund. the Social Security and Medicare funds, as well as into the U.S. Treasury. plementation of a program on this decentral- The facts that follow are drawn from the 1995 report of this official body to the appro- But, would not such growth beyond, let’s ized basis and would allow that program to be priate persons and agencies in accordance say, 3 percent, be inflationary? The report of judged on its actual performance over an 18- with Section 201(c)(2) of the Social Security the Fund trustees says, ‘‘No.’’ In 1984, the month period, rather than by an arbitrary rule. Act as amended. economy grew at the swift speed of 6.2 per- The Report (page 181) submits three sce- cent, but the inflation rate (consumer price I believe that reducing ozone pollution and narios on the future of the Social Security index) was only 3.5 percent. Again, in 1994, improving the quality of the air that we breathe system. One scenario assumes virtually no the economy grew at a lively 4 percent, but is of great importance to my constituents and growth in the economy in the first 75 years the inflation rate was only 2.5 percent. Perversely, in some of the years of slowest to the rest of the citizens of Pennsylvania. I of the next century. Another scenario assumes slow growth; a third scenario assumes growth, prices rose wildly. In 1990, the econ- also believe that the States know what will something between no movement and a slow omy grew by a feeble 1.2 percent, but prices best work to achieve the goal and should have crawl. rose by 5.2 percent. And in 1980, the economy the latitude to design programs that make The first scenario—the worst possible actually shrunk by 0.5 percent, but prices sense for their citizens. I believe that these case—assumes that the country is in the eco- skyrocketed by 13.4 percent. nomic doldrums for about 70 years. By 1996 The reasons for this seemingly contrary provisions give that needed latitude to Penn- (next year), the economy will be effectively behavior are several and make a fitting sub- sylvania and to other States that are currently stagnant, with a growth rate of minus 0.7 ject for another article. But the fact remains wrestling with this problem, and I urge the percent. That means recession bordering on that rapid growth does not mean inflation adoption of the conference report. depression. and that low or negative growth does not The same scenario projects little hope for mean lower prices. (All these data are drawn the future. Growth will be near zilch. And, as from the above mentioned report, page 56). November 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2257 In sum, the future of Social Security (and thony Thornell for his wonderful ministry to the exander Crummell Center for Worship and Medicare) is not glum if the economy contin- citizens of the Washington, DC metropolitan Learning in Detroit, MI. In St. Louis, he served ues to grow at a reasonable rate. The way to area. On January 1, 1996, the Reverend as the vicar of St. Stephen's Episcopal Church go, then, is to take steps to expand the economy. Thornell will begin another chapter in his min- and as the deputy for urban mission for the But the remedies proposed to ‘‘fix’’ the So- istry as the new Rector of St. Philips Epis- Episcopal Diocese of Missouri. cial Security system that is not broken will copal Church in Columbus, OH. As he pre- Throughout his distinguished and devoted break both the security system and the econ- pares to begin a new ministry, I am pleased ministry, Father Kwasi has tirelessly worked to omy. Let us, briefly, consider each of these to have this opportunity to provide this retro- improve the socioeconomic condition for the proposals. 1. Raise the payroll tax. Such a tax would spective of his many years of faithful and disenfranchised and poor members of the reduce the ‘‘disposable income’’ of employ- steadfast ministry in our Nation's Capital. community. He has been a savior for those ees. They and their families will have less Father KwasiÐas he is affectionately known children seeking a brighter tomorrow, and pro- with which to buy. In our ‘‘market econ- by the many whose lives he has touchedÐhas vided comfort and advice to persons suffering omy,’’ any such shrinkage of the ‘‘market’’ indeed inspired many through his ministry. For pain, despair, and/or other forms of adversity. has to shrink the economy—less buying, less over a decade, he has served the National He has used his ministry and the pulpit to production, fewer jobs. Right now, retailers Capital Area faithfully, spreading his message deliver powerful, inspiring and relevant ser- and manufacturers are stuck with a pile up of 14 months of consecutive inventory accu- and affection to the young and the old, as well mons, translating God's message into commu- mulations they cannot sell. To cut buying as to the healthy and the infirm. Although he nity action. He has done more than just power of employees would mean more unsold is moving on to continue his ministry in an- preach the Gospel. He has walked the Gos- wares. other location, his contributions to the Wash- pel, endeavoring to make life just a little better 2. Reduce the benefits. That would have ington metropolitan community warrant special for the children and the downtrodden in our the same effect as raising the tax on employ- praise. community. He has worked with patients af- ees. Reduced benefits mean reduced buying Born in Tuskegee, AL, the Reverend power. And reduced buying power means re- flicted with HIV-Aids, and those persons suf- duced production, etc. ad nauseam. Thornell was ordained to the priesthood by fering from the disease of alcoholism. He is an 3. Do not increase the benefits to keep up Bishop John T. Walker in 1973. He is a can- HIV-Aids education trainer, as well as a with the rise in the cost of living. This, too, didate for the degree of doctor of ministry at trained counselor in alcohol abuse. His has would be a subtle, but effective way to do Wesley Seminary and holds a master of divin- been a ministry filled with hopefulness and a what 1) and 2) above do more directly. If ity degree from the Episcopal Divinity School belief that humankind can have a brighter to- prices rise and the ability to buy does not in Cambridge, MA. He received his under- rise simultaneously, people buy less. By now, morrow if we care for one another. we all know the rest. graduate degree from Alma College in Alma, A man of seemingly boundless energy, The 4. Tax the Social Security benefits of the MI. He is the father of three children. Reverend Thornell has also devoted his time ‘‘affluent.’’ Such a tax is, in effect, a reduc- For over two decades Father Kwasi has to serve on numerous boards, including RAP, tion in benefits. Uncle Sam gives with one been bringing spiritual awareness and hope to Incorporated; the Church Association for Com- hand—the security check—and takes with communities in Detroit, MI; St. Louis, MO; and munity Services; Episcopal Caring Response the other hand, the tax. That would work our Nation's Capital. In particular, he has been just like the other bad medicines. to Aids, Childrens' Defense Fund, and the Na- In addition, who are the ‘‘affluent’’? Are deeply involved in efforts to eradicate violence tional African American Clergy HIV/AIDS Task we talking about a retiree with an income of among our youth. As a matter of course, Fa- Force. $25,000 or a retiree with an income of ther Thornell has an abiding commitment to In addition to serving as president of the $250,000? To tax the latter would probably eradicating the obstacles that perpetuate pov- District of Columbia Chapter of the Union of not seriously change his or her spending hab- erty, illiteracy, and violence. Indeed, in the Black Episcopalians [UBE], Father Kwasi also its; to tax the former will. Washington community, he successfully led What is not generally appreciated about is a member of the NAACP, the urban the Social Security system is that it is one and improved the cathedral's tutorial program, League, the Council of Greater Washington, of the greatest and most reliable sources of and established a similar program at Calvary and the Episcopal Urban Caucus. nourishment for the entire American econ- Episcopal Church. His efforts to stamp out Last year, Father Thornell realized a lifelong omy. In 1995, some 43 million people will youth violence are well known throughout the dream when he starred as a cast member of have received about $340 billion with which Washington metropolitan community, where the production of Fraternity at Washington's to buy things and purchase services. Let’s he currently serves as a project coordinator for historic and renowed Lincoln Theater. assume that in a mean moment of madness, the Violence Prevention Initiative for the Foun- Mr. Speaker, as the Reverend Kwasi An- all those payments were discontinued. How long would the American economy be able to dation for the National Capitol Region. thony Thornell prepares to carry his profound, sustain itself? As the assistant rector of Calvary Episcopal wonderful, and inspirational ministry to St. The Social Security system, however, does Church, Father Kwasi was very active with Philips and the greater Columbus community, more than provide the fuel for consumption, youth organizations and worked to extend the I am pleased to have this opportunity to salute it also provides capital for production. Every church's outreach to the surrounding urban the many outstanding contributions he has year, for many years, the security fund has community. made to the citizens of the Washington metro- generated multi-billion dollar surpluses. At Prior to joining Calvary, the Reverend politan area. I ask that my colleagues join me the end of this year, it will have a reserve of Thornell spent nearly a decade at the Wash- more than half a trillion. in saying thank you and in extending our Where does that money go? It goes, just ington National Cathedral. As canon mis- heartfelt best wishes for continued success as about all of it, to purchase government secu- sioner, he was responsible for pastoral and li- he prepares to begin a new, exciting, and rities. That frees up other capital for invest- turgical duties, and represented the cathedral challenging chapter in his selfless ministry as ment in the private sector of the economy. in areas of urban social justice and outreach an exceptional servant of our Lord. In this way, the Social Security system ministries. In this regard, Father Thornell was f strengthens America in two ways: a) it gen- especially effective in bringing a heightened erates buying power; b) it generates savings. And, if we, as a nation, pursue policies to awareness to the problems of youth violence ERV WITUCKI: SPUD expand, rather than stunt, growth, the entire in the community. He participated in numerous EXTRAORDINARE economy and U.S. Treasury, whose income is forums and outreach efforts established to drawn from that economy, will be in better eliminate the conditions that lead our youth HON. JAMES A. BARCIA shape and our senior citizens need not worry away from the church and into the arms of vi- OF MICHIGAN about either their or their children’s future. olence. IN THE HOUSE OF REPRESENTATIVES f While at the cathedral, he also served as in- Wednesday, November 29, 1995 TRIBUTE TO REV. KWASI terim precentor, responsible for planning and ANTHONY THORNELL directing religious services, creating liturgies, Mr. BARCIA. Mr. Speaker, many of our writing prayers and preparing the Rota. During communities have special matters that define HON. JULIAN C. DIXON his tenure, Father Thornell was also actively their heritage and economic well-being. And involved in the church's mission to highlight many of these communities have developed OF CALIFORNIA the evils of apartheid in South Africa. He trav- such a heritage through the efforts of devoted IN THE HOUSE OF REPRESENTATIVES eled to that country as a participant in church- individuals. Munger, MI, is known for its an- Wednesday November 29, 1995 sponsored delegations. nual Potato Festival that has been held each Mr. DIXON. Mr. Speaker, I rise today to pay Father Kwasi's early years in the ministry year since 1954. One man who deserves un- tribute and to thank the Reverend Kwasi An- were spent as minister and founder of the Al- qualified recognition for his efforts over the E 2258 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 1995 years is Erv Witucki, who has been a member port, Congress then passed a continuing reso- it is extremely difficult to see the solution of the sponsoring organization, the Munger lution that would keep the government open to the long-term division between the Presi- Volunteer Firemen Corps, for the entire 41 until December 5 and called for balancing dent and the congressional leadership. The the budget in seven years. However, Presi- real fight comes when Congress passes the years. dent Clinton also vetoed this measure. reconciliation bill and the President vetoes Not only has Erv been a member of the On November 14, some 800,000 of the federal it. What is at stake there is the future of sponsoring organization since the festival's in- government’s two million civilian employees Medicare, Medicaid, the welfare system, ception, he has also served as the festival's were furloughed. Many federal government rules governing the environment, and federal chairman for 20 years, from 1960 to 1981, and offices were closed, including national parks efforts in education, employment training its co-chairman or honorary chairman for the and museums. New applications for federal and technology. remaining 21 years. He nurtured the festival's benefits, such as Social Security, could not We must take several steps to get beyond growth from a small, two day local event, to be processed, though payment of Social Se- the current impasse. I believe that sensible curity and Medicare benefits continued. The compromises are within reach. First, in my one which attracted over 30,000 people each Agriculture and Energy Departments review, Congress should enact a ‘‘clean’’ con- year as a major regional 4 day event. mained open because their funding and been tinuing resolution and debt limit increase, I can personally remember going to this approved. In addition, employees vital to the without extraneous policy provisions. Sec- event as a small child, and thinking how grand safety and health of the public, such as air ond, we ought to continue negotiations in an it was. As I grew, so did this festival, so that traffic controllers and guards in federal pris- effort to enact the rest of the appropriations the image I had of this wonderful event as a ons, were kept on duty, as were those on ac- bills for the current fiscal year. Third, we child only grew with me. This is because of tive duty in the military. must to the extent possible seek agreement A short-term shutdown of the federal gov- the hard work of Erv Witucki during those on policy issues contained in the reconcili- ernment produces plenty of frustration, in- ation bill. formative years. The impact this festival has convenience and confusion, but probably lit- I suspect in the end we will not be able to had on other young people has been phe- tle enduring harm. Congress has typically resolve all of these major policy differences nomenal because it isn't just for a 4-day cele- ensured that federal workers receive pay for in 1995. The way out will be to keep the gov- bration of the importance of the production of the time they spend on furlough. However, a ernment operating largely under present a key commodity, potatoes, to this town, but longer shutdown could create major prob- policies on these unresolved matters and an opportunity to raise funds that have an im- lems for many people. Companies with fed- then have a public debate on the budget be- pact on youth throughout the year. Recreation eral contracts, individuals receiving veter- tween now and the 1996 elections. Both sides ans’ benefits, and federal employees could projects such as softball programs, tennis would then have an opportunity to clarify see their payments delayed. exactly what they are for. I think this ap- courts, playground equipment and picnic In addition, shutting down the government proach would make the voters much more areas, a pavilion and volleyball courts, and an is expensive. Pay for furloughed federal em- comfortable. annual Halloween party for children are all the ployees is estimated to cost about $150 mil- The question with respect to the shutdown direct result of this festival. lion per day. The shutdown process itself— is: do we want a battle or a bill? I believe Erv has given to his community. He and his preparing plans, notifying employees, secur- that Hoosiers want the government to get wife Marie have been blessed with 4 children ing property and so forth—also carries a the people’s business done. They are tired of price. and now 11 grandchildren. He has served as this game of political chicken and are not But perhaps the greatest cost of the shut- going to view either party in this debate fa- Merritt Township treasurer for 28 years, and down is that it simply reinforces the cyni- vorably. Both the President and Congress has been extremely active with St. Norbert cism and bitterness so many Americans feel must seek reasonable solutions, not political Church in Munger. about the federal government, particularly points. Mr. Speaker, the people of Munger are very elected officials. They see the shutdown as f grateful to Erv Witucki and the others who the result of the partisan bickering and po- have volunteered their time and effort to make litical posturing, and they place blame on DEPENDENTS WITH DISABILITIES their community a better place. I urge you and leaders of both parties for gridlock. FEDERAL LIFE INSURANCE PRO- Complicating the situation further is dis- TECTION ACT all of our colleagues in joining me in offering agreement on raising the federal debt limit. thanks to Erv Witucki. Treasury Secretary Robert Rubin has taken f a number of steps to ensure that the federal HON. CONSTANCE A. MORELLA government remains below the debt limit, OF MARYLAND THE GOVERNMENT SHUTDOWN since at that point the government could no IN THE HOUSE OF REPRESENTATIVES longer borrow money to meet its obligations. A default by the federal government could Wednesday, November 29, 1995 HON. LEE H. HAMILTON have serious, long-term implications for the OF INDIANA Mrs. MORELLA. Mr. Speaker, today, I am American economy, though no one really introducing the Dependents With Disabilities IN THE HOUSE OF REPRESENTATIVES knows how the markets would react. The big Federal Life Insurance Protection Act of 1995. Wednesday, November 29, 1995 unknown is that much of the debt is held in places abroad where the understanding of The bill would permit a Federal retiree over Mr. HAMILTON. Mr. Speaker, I would like to American politics is meager. In any event, the age of 65 to continue additional optional insert my Washington report for Wednesday, my view is that we should do everything we life insurance coverage when the beneficiary November 22, 1995, into the CONGRESSIONAL can to avoid default. There is no good reason is a person with a disability. In this case, the RECORD. to push the nation to the edge of financial disability would have to be one which could be catastrophe. THE BUDGET BATTLE expected to last permanently and would pre- I agree with those who find the current vent an individual from fully providing for him- As the federal government shut down on standoff unnecessary and counterproductive. November 14, many Hoosiers found them- Both sides are engaging in political theater self/herself. The retiree would also be respon- selves angry about the dispute that at the expense of substance. Congress has sible for the total premium, limiting the cost to precipitated the shutdown, unsure about how had several months to complete work on the the Government. long it would last, and concerned about how appropriations bills. Voters expect us to Currently, Federal workers can continue the it might affect them. work together to get the government’s busi- additional optional life insurance coverage, ir- The shutdown occurred because Congress ness done, and we should do so. respective of age. However, when these indi- has not completed action on all of the meas- The current standoff is essentially not viduals reach age 65 and are retired, the in- ures to provide funding for the government about short-term funding, but about compet- surance is reduced and then subsequently during the current fiscal year, which began ing views on how to balance the budget. The on October 1. A short-term funding measure, congressional leadership is trying to use the stopped. There have been cases in which called a continuing resolution (CR), was spending and debt limit legislation, where Federal workers have continued working be- passed in September and gave Congress until they have a lot of leverage, to force the yond the normal retirement age in an effort to November 14 to enact spending bills. But by President to sign the reconciliation bill—the continue this coverage for their dependents that date only three of the thirteen appro- bigger fight where they have little leverage. with severe disabilities. priations bills had been signed into law. This is the most difficult struggle over budg- Without a provision for a dependent with a Congress and the President have not been et priorities I have seen since I have been in disability, upon the retiree's death, the de- able to agree to extend the CR. The congres- Congress. It is a high-stakes dispute over pendent would become a public responsibility, sional leadership attached a number of pro- what the role and the priorities of the fed- visions to the second continuing resolution, eral government should be over the next sev- with potential budgetary implications at the na- including an increase in Medicare premiums. eral years. tional, State, and local levels. This provision President Clinton objected to these provi- The short-term solution to the shutdown of would be consistent with the thrust of the 1990 sions, and vetoed the measure. With my sup- the government may appear manageable, but Americans With Disabilities Act [ADA]. The act November 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2259 encourages persons with disabilities to live in also served as an adjunct professor of ac- Specifically, I would like to know: what a setting of maximum independenceÐfinan- counting for 8 years. Before joining county progress has been made to resettle the re- cially and sociallyÐrather than being relegated government, he had 20 years experience in maining Hmong combat veterans and refugees in safe, third countries; what efforts are to functioning in institutional settings sub- the private sector in accounting and manage- being made to assist and monitor the safety sidized with public funds. ment, including international financing with a and welfare of those refugees who have been This bill will help many persons with disabil- major accounting firm. voluntarily repatriated; have all means of ities continue to have a quality life and will Matt was also dedicated to serving his com- forced repatriation ceased; are there cur- give peace of mind to thousands of Federal munity. He served as treasurer of the Haver- rently immigration slots available for these retirees, who have dependents with disabil- ford Township Republican Party and was a refugees to come to the United States; is the ities. member of the Haverford Township Parks and Thai government cooperating with these efforts; and if not, what action will the State The following are key components of the Recreation Board. He also served on the fi- Department take to help the remaining bill: nance committee of St. Denis Roman Catholic Hmong refugees and ensure that they are not The bill amends title 5 to provide that the re- Church, his home parish in Havertown. He forcibly repatriated? duction in additional optional life insurance for was a board member of the Ardmore Manor This issue is of great importance to the Federal retirees shall not apply if the bene- Civic Association and a member of the Hmong community in Rhode Island. Thank ficiary is permanently disabled; Merwood Civic Association. He was a U.S. you in advance for your attention to this ur- Army veteran. gent issue, and I look forward to your re- The retiree must have designated the per- sponse. son with the disability as the beneficiary prior Matt was devoted to his family. He cared Sincerely, to retirement; deeply about his wife, Marie Purcell Hayes; JACK REED, The payment received can only be used for his children, Matthew, Marie, James, William, Member of Congress. the care and support of the beneficiary; and Joseph; and his three grandchildren. I f The disability of the beneficiary must be one offer my condolences to each to them. Matt that is expected to last permanently and that will be greatly missed by all of us. 20TH ANNIVERSARY OF NEIGHBORHOOD IMPROVEMENT PROGRAM would prevent an individual from fully provid- f k you in advance for your attention to this urgent issue, and I look forward to your response. ing for himself/herself; The retiree is responsible for the full pre- HMONG REFUGEES OF THAILAND HON. GERALD D. KLECZKA mium; OF WISCONSIN A payment to the beneficiary will be reduced HON. JACK REED IN THE HOUSE OF REPRESENTATIVES by the amount of any premiums not paid due OF RHODE ISLAND Wednesday, November 29, 1995 to current law; IN THE HOUSE OF REPRESENTATIVES The Office of Personnel Management will Mr. KLECZKA. Mr. Speaker, I am honored have 1 year from the date of enactment to Wednesday, November 29, 1995 to have this opportunity to commend the issue regulations; and Mr. REED. Mr. Speaker, I rise today to sub- South Side's Milwaukee Christian Center Neighborhood Improvement Project [NIP] on An individual who retired 50 months prior to mit for the record a letter I have sent to Sec- its 20th anniversary. the enactment of the law can have the addi- retary of State Christopher on behalf of the The South Side's NIP was founded in 1975 tional optional life insurance reinstated at the Hmong refugees in Thailand. Incidents of as a collaboration of South Side agencies full percentage. human rights abuses, forced repatriation, and seeking to provide summer jobs for youth f retaliation upon their return to Laos continue to be reported. The Hmong community in under a community development block grant. A TRIBUTE TO MATTHEW J. Rhode Island remains very concerned about The organization was formed to harness the HAYES this situation, and I believe it is time we work considerable energy of area youth in an en- to resolve it. I will be certain to submit for the deavor that would teach them valuable skills HON. CURT WELDON record any response I receive from the State and contribute to the surrounding community. Department on this urgent matter: In 1994, the South Side NIP employed 44 OF PENNSYLVANIA young adults in housing rehabilitation projects. CONGRESS OF THE UNITED STATES, IN THE HOUSE OF REPRESENTATIVES Participants remove unsightly graffiti, paint, HOUSE OF REPRESENTATIVES, Wednesday, November 29, 1995 Washington, DC, November 28, 1995. provide carpentry services, and roof homes for Secretary WARREN CHRISTOPHER, low-income homeowners. South Side neigh- Mr. WELDON of Pennsylvania. Mr. Speaker, Secretary of State, Department of State, Wash- borhoods receive a facelift, while youth gain a I want to take a moment to pay tribute to a ington, DC. work ethic and marketable skills. gentleman who provided great service to his DEAR MR. SECRETARY: I write to express Sixty-seven homes benefited from no-cost family, his community, and his country. I was my concern about the status of Hmong com- renovations last year. Meanwhile, the 38 greatly saddened to learn of the passing of bat veterans and refugees in Thailand. young offenders served their community serv- You may recall that I wrote last year re- Matthew J. Hayes, a constituent of my con- ice sentences as graffiti removal team mem- gressional district and someone for whom I garding the plight of the Hmong refugees. At that time, I was assured that additional re- bers, cleaning up at over 2,300 dwellings had a great deal of admiration. sources had been committed to UNHCR to throughout the year. Matt Hayes began his public-service career provide assistance to and monitor the safety Young people learn about the real work with the Delaware County government in 1977 of Hmong refugees, and that the State De- world through the NIP. They work on a time- when he became director of budget manage- partment was working with the Thai govern- clock and are responsible for their tools. Some ment. His outstanding abilities were recog- ment to resolve the question of repatriation programs operate based on piecework, which nized 2 years later when he was appointed to non-communist third countries. Thus, I rewards higher productivity with higher pay. executive director of Delaware County, a post have supported efforts to maintain a fair and Many summer program participants have he held for 13 years. I worked closely with responsible U.S. refugee policy that would prevent further persecution of Hmong refu- moved up through the program to become Matt in my capacity as chairman of the Dela- gees. team supervisors. Mentors are drawn from ware County Council. No public servant However, I am distressed that this situa- local community centers to provide technical brought more vigor to a position than Matt, nor tion has not yet been resolved. The Hmong expertise and role models for the youth. did anyone more capacity protect the interests people were our loyal allies and have been a Over the past two decades, the South Side of taxpayers. great asset to our nation. Yet, thousands of NIP has provided invaluable services to local In 1992, Matt became chief executive officer Hmong remain in Thailand in refugee camps residents. It truly represents an exemplary in- of the Delaware County Solid Waste Authority. and continue to be persecuted because of vestment of CDBG funds. The program bene- Again, he approached his position with com- their relationship with the U.S. While I rec- fits not only participants, but also homeowners ognize the difficulties in administering a ref- mitment and determination. His knowledge ugee program, cases of forced repatriation, and neighborhoods. I am pleased to congratu- and negotiating skills helped save the county disappearances, and human rights abuses late the Milwaukee Christian Center Neighbor- millions of dollars. continue to be reported. hood Improvement Project on its 20th anniver- Matt was a certified public accountant and a I would sincerely appreciate an update on sary and wish it continued success in the fu- graduate of Villanova University, where he the current status of the Hmong refugees. ture. E 2260 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 1995 PERSONAL EXPLANATION FUTURE WORLD FOOD SUPPLIES gry people in the world than ever before, The tightening of world food supplies in re- both in absolute numbers and as a percent- cent years has led many people to wonder age of total world population. HON. TILLIE K. FOWLER about the long-term food outlook. Will we be AGRICULTURAL RESEARCH OF FLORIDA facing an era of major shortages driven by One clear message from the long-term food IN THE HOUSE OF REPRESENTATIVES world population growth that will mean supply projections is that we need to con- Wednesday, November 29, 1995 sharp price increases for some and food scar- tinue to support agricultural research. The city and famine for others? Or will research U.S. agricultural research system has been a Mrs. FOWLER. Mr. Speaker, due to a family advances and improved farm productivity be major reason for the productivity of our medical emergency, I was not present for roll- enough to meet the growing world needs? farmers, and continued research will be cru- call vote Nos. 822 and 823. Had I been The long-term predictions have important cial in the years ahead to helping them meet present I would have voted ``yes'' on H.R. implications for U.S. food and agricultural the ever-growing markets for food. 2525 and ``yes'' on Senate Concurrent Resolu- policy and for Hoosier farmers. Yet agricultural research faces federal CURRENT SUPPLIES budget cuts. Funding in 1996 will be below tion 33. I request unanimous consent that my this year’s level, and Congress will consider In recent years, world grain supplies have statement appear in the RECORD immediately various reforms in the months ahead. We tightened considerably. The world’s grain following these rollcall votes. need to balance the budget, but deep cuts in harvest has not increased in any of the last f agricultural research would be short-sighted. five years, and since 1992 world grain consumption has exceeded production. Grain FARM PROGRAMS A TRIBUTE TO WILLIAM The increasing world food needs also mean KUNSTLER stocks carried over from one year to the next are at record lows. In the U.S., lower produc- that we should reform current federal farm tion, strong export demand, and reforms programs to open up more farmland to pro- HON. CHARLES B. RANGEL making farm programs more market ori- duction. Currently some 15 percent of U.S. cropland is being idled through federal com- OF NEW YORK ented have meant that this year—for the first time since World War II—there are basi- modity programs designed to help stabilize IN THE HOUSE OF REPRESENTATIVES cally no surplus stocks in government-owned supplies and through Conservation Reserve Wednesday, November 29, 1995 reserves. The tight supplies have led to steep programs designed to protect fragile crop- price increases for wheat, rice, and corn. land. Mr. RANGEL. Mr. Speaker, I rise today to Reforms are currently being considered in pay tribute to attorney William Kunstler who LONG-TERM PROJECTIONS Congress to reduce government land set- recently passed away. In memory of William Some people look at the current tight sup- asides, allow farmers to withdraw less-sen- Kunstler and in tribute to the ideals for which plies and see things only getting worse. They sitive land from the Conservation Reserve, believe that world population growth, in- and allow farmers more planting flexibility he fought, I would like to enter into the CON- creasingly scarce water and land resources, to react to world market needs. I support GRESSIONAL RECORD this statement. and the demand for better diets in develop- such efforts. Mr. Kunstler was profoundly committed to ing countries will mean an era of major food FOOD AID the fundamentally American ideal of justice for scarcity. Others are optimistic. They point We also need to improve U.S. food aid pro- all. As an attorney he fought against racism to advancing farm technology, unused crop- grams. since the end of World War II, the and for the legal rights of everyone from im- land, and potential to modernize farm pro- U.S. has been the world’s bulwark against portant political figures to marginal outsiders. duction in developing countries. On this famine. This year we will provide $1.3 billion His notable achievements included his work view, feeding billions more around the world in food aid—about 1/10 of 1 percent of the could easily be done. total federal budget. Food aid benefits not with Dr. Martin Luther King and his represen- The U.S. Department of Agriculture tation of Adam Clayton Powell and Stokely just needy people overseas but also U.S. (USDA) recently released a major study on farmers, by providing a market for their cur- Carmichael. the outlook for world food supplies that rent production and by laying the ground- To make the ideal of a just America a re- comes down in between these two views. work for future export sales. Of the 50 larg- ality, Mr. Kunstler brought his considerable tal- Looking at the next 10 years, the report sees est buyers of American farm goods, 43 are ents to defend unpopular and sometimes vir- no looming crisis in food supplies. The report countries that formerly received U.S. food tually unwinnable cases as a matter of prin- expects production to grow at basically the aid. Former food aid recipients purchase ciple. He took on the cases of many of the same rate as population, so grain use per more than $35 billion in U.S. agricultural person will remain relatively unchanged. products each year. By helping feed the prisoners charged following the Attica Prison World prices for wheat and rice are expected uprising. He took on the case of Wayne Wil- needy we also create major new markets for to lag only slightly behind inflation. our exports. liams, who was convicted of killing young boys Explaining the increased demand, USDA But food aid programs also face budget in Atlanta, and Colin Ferguson, who was con- emphasized the importance of world popu- cuts, and it is clear that we will have to do victed of killing several people on the Long Is- lation growth—from 5.5 billion to 6.6 billion more with less. That’s why recent Clinton land railroad. It is these cases that test our over the next decade—as well as efforts by Administration efforts to overhaul and commitment to a fair and equitable justice sys- countries like China to improve their diets. ‘‘reinvent’’ food aid programs—better coordi- tem, and it is with these unpopular cases that Yet world food production is expected to nating assistance and focusing much more keep pace, more through higher yields than William Kunstler proved the depth of his com- on measuring and managing for results—are expanded cropland. Crop yields, however, are a step in the right direction. mitment to a fair justice system. expected to grow more slowly than in the CONCLUSION In her tribute to William Kunstler, Bernice past because high-yielding rice and wheat Long-term projections about global food varieties have been widely adopted and no Powell Jackson from the Civil Rights Journal supplies and needs are very tentative, and similar research advances are anticipated noted that William Kunstler was a man who are highly sensitive to even the smallest soon. challenged our legal system to be the best changes in assumptions. The latest projec- and the fairest it could be. In this time of in- FOOD SHORTAGES tions are generally reassuring for those of us creasing attacks on the rights of the accused, While the USDA report projected adequate in the U.S., but they also indicate the need we need to be inspired by Mr. Kunstler's com- global food supplies, it also concluded that for a long-term view in our food and agricul- mitment to a fair and equitable justice system. there will be major food shortages in some tural policies. We must continue to invest in I would like to take this moment to honor his parts of the world. And on that score USDA the ability of U.S. farmers to meet the needs was not optimistic. Currently some 800 mil- of global markets. memory. lion people—15% of the world’s population— f f have inadequate diets, with many of them suffering from severe malnutrition. The IN SUPPORT OF STRONG WORLD FOOD SUPPLIES study projected that food aid needs will dou- LOBBYING LEGISLATION ble over the next decade, even under rel- HON. LEE H. HAMILTON atively optimistic assumptions of increased HON. MICHAEL PATRICK FLANAGAN OF INDIANA food production in the developing countries. The problem of food shortages is largely fi- OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES nancial—the inability of poorer countries to IN THE HOUSE OF REPRESENTATIVES Wednesday, November 29, 1995 buy adequate food. Wednesday, November 29, 1995 The world food situation is like a basket Mr. HAMILTION. Mr. Speaker, I would like half empty and half full. More people are Mr. FLANAGAN. Mr. Speaker, today is a to insert my Washington Report for Wednes- adequately fed than ever before and much historic day. Finally, after almost a half cen- day, November 15, 1995 into the CONGRES- more food is available than in past decades. tury, the House passed and sent to the Presi- SIONAL RECORD. At the same time, there are still more hun- dent a strong lobbying disclosure bill that will November 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2261 serve to close the various loopholes in current the strides it has made since overthrowing Through innovative and creative leadership, lobbying law and make the rules mean what communism just a mere 5 years ago. Kenneth R. Kornhauser has provided a solid they are supposed to mean. Romania, like many of its neighbors, re- basis of support to the advancement of quality Because it was necessary to send to the joiced when it was finally able to break free of Jewish education. A member of Temple Beth President a clean billÐany amendment adopt- communism and join the West. Having lived Torah, Kenneth is an involved board member ed to H.R. 2564 would have ultimately served through some very rough years of a Stalinist of an array of Jewish organizations that in- to kill lobbying reform in Congress for yet an- inspired dictatorship, the Romanian people clude the Suffolk Y Jewish Community Center, other yearÐMembers of Congress were and their government are firmly dedicated to the Gurwin Jewish Geriatric Center, the United forced to withdraw and vote down a number of establishing a modern democracy. Jewish Community Center of Long Island, and well-intended and worthy amendments. Once obtaining its new-found freedoms, Mr. SAJES. Sadly, one of those withdrawn amendments Speaker, Romania went on to achieve a num- Honoree Fred Milstein also is being recog- was offered by the gentleman from Michigan ber of firsts. For example, in 1989, Romania nized for his endless dedication to the Suffolk [Mr. DINGELL]. Mr. DINGELL's amendment became the first country in central Europe to Jewish Community. He has exemplified him- would have made a step in the right direction adopt a new Constitution, approved by a new, self and enhanced the community through his in stifling the atrocious lobbying procedure as- freely elected Parliament and by national ref- active and effective participation as a member sociated with so-called astroturf lobbying in erendum. Romania was also the first country of the Suffolk Jewish Center, and as a board which lobbying firms falsely use a person's in the region to have three rounds of free elec- member of SAJES, the Solomon Schechter name in a telegram or letter in an effort to in- tions in 6 years, including parliamentary, presi- Day School of Suffolk County, B'nai B'rith, the fluence a Member of Congress on pending dential, and local. Finally, Romania achieved World Jewish Congress, and the Suffolk Jew- legislation. the distinction of being the first central Euro- ish Communal Planning Council. Extraordinary is a word that befits SAJEs' In August, during consideration of H.R. pean nation to join the Partnership for Peace third honoree, Leonard Cooper. Because of 1555, the Communications Act of 1995, my of- [PFP] on January 26, 1994. his extraordinary talents for enhancing the fice received thousands of these computer- I am pleased to note, Mr. Speaker, that the Romania Government regards its bilateral re- Suffolk Jewish Community, SAJES confers generated form telegrams. They were sup- upon him an award of special recognition. posedly from my constituents outraged over lationship with the United States to be very special, and is intent on developing an intense Leonard has served with great distinction and the telecommunications deregulation and re- effectiveness as the first president of the Suf- form legislation. But after my staff and I con- cooperation in all fields with the United StatesÐpolitical, military, economic, and cul- folk Y Jewish Community Center, and he is tacted over 200 of those whose names and also a board member of the Gurwin Jewish addresses that appeared on the telegrams, tural. For example, at my invitation on behalf of the Congressional Research Service Task Geriatric Center. In addition, he has served as our results revealed that only a tiny fraction of campaign chairman for the United Jewish Ap- ``senders''ÐI am talking about only a hand- Force on International Parliamentary Pro- grams. Mr. Adrian Nastase, President of the peal on eastern Long Island. fulÐeven knew their names has been used in Without compensation or demand for rec- this way, and one gentleman had long been Romanian ParliamentÐequivalent to our Speaker of the HouseÐis currently leading a ognition, these men have given of their great deceased. skills and talents to the uplifting and better- delegation to Washington to institute mod- Mr. DINGELL's amendment to establish a ment of our community. It is with great pride ernization techniques for running the Roma- penalty of a fine or up to 1 year imprisonment that I call upon all my colleagues in the House for lobbying firms who falsely uses a person's nian Parliament. The Romanian Parliament is currently busy of Representatives to join me in paying tribute name in a computerized telegram or postcard to Kenneth R. Kornhauser, Fred Milstein, and debating a law on political parties, and several is a necessary step in ending these despica- Leonard Cooper. May their good works and other billsÐon competition, on real estate pro- ble lobbying techniques. I urge all my col- selfless deeds serve as an example for all motion, on a forest code, on labor protectionÐ leagues to support it when introduced as free- Americans to follow. demonstrating that democracy is hard at work standing legislation. f in Romania. Ironically enough, when recently While I strongly support Mr. DINGELL's lan- asked which issue is currently the most impor- guage, I also believe it is important for Con- PERSONAL EXPLANATION tant one before the Romanian Parliament gress to enact legislation that would require President Nastase answered that the budget full disclosure of expenditures on this so-called HON. CHRISTOPHER COX has taken precedence before all other political astroturf lobbying. Neither H.R. 2564 nor the OF CALIFORNIA issues. I guess some things do not change Dingell amendment requires disclosure of ex- IN THE HOUSE OF REPRESENTATIVES from Parliament to Parliament, Mr. Speaker. penditures on astroturf lobbying. I believe this Wednesday, November 29, 1995 Mr. Speaker, the people of Central and important information should be included in Eastern Europe experienced tremendous hope Mr. COX of California. Mr. Speaker, earlier the registration and reports filed by lobbyists with the fall of the Iron Curtain. The people of today, I was unavoidably detained and unable or organizations that lobby. This could be ac- these countries and their governments are to return to the Capitol in time to record a complished through separate legislation which now facing the sobering challenges to build ``yes'' vote in favor of H.R. 2564, legislation to I hope will be introduced this year. anew a free and modern state. On the occa- toughen disclosure rules for lobbyists. Mr. Speaker, I would like to thank Mr. DIN- sion of Romania's National Day, I congratulate The passage of H.R. 2564Ðon the heels of GELL for offering his amendment today and for Romania for its accomplishments to date and last week's landmark vote to completely ban withdrawing it. I hope we can get together and join with my colleagues to wishing Romania all gifts from lobbyistsÐadds to this new Con- put our minds to work and introduce a strong well in its future. gress' already impressive list of achievements lobbying reform bill this year. Mr. CANADY, f in changing the way Washington does busi- chairman of the Subcommittee on the Con- ness. stitution of the full Committee of the Judiciary HONORING KENNETH R. KORN- On the first day of this Congress, the new and lead sponsor of H.R. 2564, is also com- HAUSER, FRED MILSTEIN, AND Republican majority in the House of Rep- mitted to working on another lobbying bill. LEONARD COOPER resentatives delivered on its promise to dras- With a year left in the 104th Congress, I be- tically cut congressional staff. We have contin- lieve this will be achieved. HON. GARY L. ACKERMAN ued to deliver on this pledge, cutting spending f OF NEW YORK in the legislative branch, reducing committee IN THE HOUSE OF REPRESENTATIVES staff by one-third, and completely eliminating ROMANIAN NATIONAL DAY— three full committees and redistributing their Wednesday, November 29, 1995 DECEMBER 1 duties. Mr. ACKERMAN. Mr. Speaker, I rise today We have also instituted internal term limits HON. GERALD B.H. SOLOMON to join with the members of the Suffolk Asso- on the Speaker and committee chairmen, and OF NEW YORK ciation for Jewish Educational Services ended the practice of ghost voting in commit- IN THE HOUSE OF REPRESENTATIVES [SAJES] and my constituents in the fifth con- tee, requiring instead that Members them- gressional district as they gather to honor selves be present to vote. And, the crown Wednesday, November 29, 1995 Kenneth R. Kornhauser, Fred Milstein, and jewel of our internal reforms thus farÐthe first Mr. SOLOMON. Mr. Speaker, on the eve of Leonard Cooper for distinguished service in Republican bill signed into law by Bill Clin- Romania's National Day on December 1, I advancing the cause of Jewish education in tonÐwas legislation requiring that the laws of would like to take a few moments to recognize Suffolk County, NY. the land apply to Congress as well. E 2262 CONGRESSIONAL RECORD — Extensions of Remarks November 29, 1995 While there is still more to be accomplished this year is one that is full of hope for the fu- vatization, has produced an almost record on our congressional reform agenda, these ture. crop of wheat, allowing Romania to be a net significant reformsÐincluding H.R. 2564Ðwill As many of my colleagues know, earlier this grain exporter for the first time in years. A new do much to end business as usual in Wash- fall, Romania's President, Ion Iliescu, came to stock exchange has opened, drawing capital ington, and to restore honesty and integrity to Washington to meet with President Clinton. He to Romania, and the government has initiated Congress. also met with a number of our colleagues here a comprehensive privatizaiton scheme em- f in the House. The message he carried was powering individual Romanians to become simple. Romania is irrevocably marching down owners of the country's manufacturing sector. CELEBRATING ROMANIA’S the path toward a democratic political system INDEPENDENCE DAY and a free-market economy. Taken together, these successes bode well This march has not been an easy oneÐre- for Romania's economic futureÐa future we HON. JAMES P. MORAN versing 40 years of communist rule is difficult. are encouraging through our granting of most- Romanians have borne real economic hard- favored-nation status to Romania and by ex- OF VIRGINIA tending to it the benefits of the Generalized IN THE HOUSE OF REPRESENTATIVES ship since the 1989 revolution that overthrew the dictator Ceausescu. Nevertheless, major System of Preferences Program. Wednesday, November 29, 1995 economic indicators for a healthy Romanian I urge my colleagues to join with me in ex- Mr. MORAN. Mr. Speaker, in a couple of economy appear auspicious. Inflation is extending our best wishes to the people of Ro- days, on December 1, Romania will celebrate pected to be only 29 percent this year, less mania on the occasion of their 77thÐannualÐ its national day of independence. This 1995 than half the 1994 rate. There has been more day of independence. I also hope my col- celebration will mark the 77th time the people foreign investment, including U.S. investment, leagues join with me in acknowledging the of that nation have commemorated the found- during the first 6 months of 1995 than there progress Romania has made in meeting the ing of their country. Unlike many of the past was in all of the previous 4 years. The agricul- twin goals of economic reform and political de- national days, however, Romania's celebration tural sector, the first sector to benefit from pri- mocratization. November 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2263 SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED relating to modifications to the Occu- pational Safety and Health Act of 1970. DECEMBER 1 Title IV of Senate Resolution 4, SD–106 agreed to by the Senate on February 4, 10:00 a.m. Small Business Foreign Relations 1977, calls for establishment of a sys- To hold joint hearings with the Commit- To hold hearings to examine the peace tee on Labor and Human Resources on tem for a computerized schedule of all process in the former Yugoslavia. certain issues relating to modifications SD–419 meetings and hearings of Senate com- to the Occupational Safety and Health mittees, subcommittees, joint commit- Special on Special Committee To Investigate Whitewater Development Act of 1970. tees, and committees of conference. Corporation and Related Matters SD–106 This title requires all such committees To continue hearings to examine certain Indian Affairs to notify the Office of the Senate Daily issues relative to the Whitewater De- To hold oversight hearings on the imple- Digest—designated by the Rules Com- velopment Corporation. mentation of the Native American SH–216 Graves Protection and Repatriation mittee—of the time, place, and purpose 2:00 p.m. Act (P.L. 101- 601). of the meetings, when scheduled, and Appropriations SR–485 any cancellations or changes in the Defense Subcommittee DECEMBER 14 meetings as they occur. To hold hearings to examine certain funding requirements involving United 9:30 a.m. As an additional procedure along States interests in Bosnia. Energy and Natural Resources with the computerization of this infor- SD–192 To hold hearings on S. 1271, to amend the mation, the Office of the Senate Daily DECEMBER 5 Nuclear Waste Policy Act of 1982. SD–366 Digest will prepare this information for 10:00 a.m. printing in the Extensions of Remarks Judiciary Administrative Oversight and the Courts CANCELLATIONS section of the CONGRESSIONAL RECORD Subcommittee on Monday and Wednesday of each To hold hearings on S. 984, to protect the NOVEMBER 30 week. fundamental right of a parent to direct 2:00 p.m. Judiciary Meetings scheduled for Thursday, No- the upbringing of a child. SD–226 Immigration Subcommittee vember 30, 1995, may be found in the DECEMBER 6 Business meeting, to continue to mark Daily Digest of today’s RECORD. 9:30 a.m. up S. 1394, to reform the legal immigra- Labor and Human Resources tion of immigrants and nonimmigrants To hold joint hearings with the Commit- to the United States. tee on Small Business on certain issues SR–385 Wednesday, November 29, 1995 Daily Digest

HIGHLIGHTS Senate passed Safe Drinking Water Act. Senate hardship located along the United States-Mexico Chamber Action border. Pages S17756±57 Routine Proceedings, pages S17699–S17829 (6) Kempthorne (for Thomas/Simpson) Amend- Measures Introduced: Five bills and one resolution ment No. 3073, to provide that in nonprimacy were introduced, as follows: S. 1433–1437, and S. States the Governor shall determine which State Res. 196. Pages S17775±76 agency will have the authority to establish assistance priorities for financial assistance provided with Measures Reported: Reports were made as follows: amounts deposited into the State loan fund. S. 1142, to authorize appropriations for the Na- Page S17760 tional Oceanic and Atmospheric Administration, (7) Kempthorne (for Bond) Amendment No. with amendments. (S. Rept. No. 104–178) 3074, to provide an extension of drinking water reg- Page S17775 ulations when necessary and justified. Measures Passed: Pages S17760±61 Safe Drinking Water Act: By a unanimous vote Subsequently, the amendment was modified. of 99 yeas (Vote No. 588), Senate passed S. 1316, Page S17761 to reauthorize and amend title XIV of the Public (8) Kempthorne (for Murkowski/Stevens) Amend- Health Service Act (commonly known as the ‘‘Safe ment No. 3075, to require that the needs of Native Drinking Water Act’’), after agreeing to committee villages in the State of Alaska for drinking water amendments, and taking action on amendments pro- treatment facilities be surveyed and assessed as part posed thereto, as follows: of the State survey and assessment. Page S17761 Pages S17700±32, S17734±58, S17760±62, S17764±74 (9) Chafee Amendment No. 3076, to strike sec- Adopted: tion 28, assessing environmental priorities, costs, and (1) Chafee Amendment No. 3068, to authorize benefits. Page S17762 listing of point-of-use treatment devices as best (10) Chafee Amendment No. 3077, to establish a available technology, modify loan authorities for the watershed protection demonstration program, and to State Revolving Fund program, and to clarify the provide assistance to the State of New York for dem- definition of public water system. Pages S17727±29 onstration projects for the protection and enhance- (2) Chafee Amendment No. 3069, to require addi- ment of the quality of source waters of the New tional research prior to the promulgation of a stand- York City water supply system. Pages S17764±66 ard for sulfate. Pages S17729±30 (11) Chafee Amendment No. 3079, to provide (3) Murkowski Amendment No. 3070, to author- that monitoring requirements imposed on a substan- ize the Administrator of the Environmental Protec- tial number of public water systems be established tion Agency to make grants to the State of Alaska by regulation. Page S17771 to improve sanitation in rural and Native villages. Rejected: Page S17731 Boxer Amendment No. 3078, (by 59 yeas to 40 (4) Chafee Amendment No. 3071, to authorize nays (Vote 587), Senate tabled the amendment) to additional criteria to alternatives to filtration. require certain communities water systems to issue a Pages S17755±56 consumer confidence report on the level of contami- (5) Chafee Amendment No. 3072, to authorize nants in the drinking water. Pages S17767±73 grants for wastewater treatment and drinking water Death of Chaplain Halverson: Senate agreed to supply to low-income communities with economic S. Res. 196, relative to the death of the Reverend D 1394 November 29, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1395 Richard Halverson, late the Chaplain of the United in accordance with S. Res. 196, adjourned at 7:30 States Senate. Page S17825 p.m., until 10 a.m., on Thursday, November 30, Land Transfer: Senate passed S. 1341, to provide 1995. (For Senate’s program, see the remarks of the for the transfer of certain lands to the Salt River Acting Majority Leader in today’s Record on pages Pima-Maricopa Indian Community and the city of S17828–29.) Scottsdale, Arizona, after agreeing to committee amendments. Pages S17825±28 Committee Meetings Philanthropy Protection Act: Senate passed H.R. 2519, to facilitate contributions to charitable organi- (Committees not listed did not meet) zations by codifying certain exemptions from the UNITED STATES-SINO INTELLECTUAL Federal securities laws, clearing the measure for the PROPERTY RIGHTS President. Page S17828 Committee on Foreign Relations: Subcommittee on East Charitable Gift Annuity Antitrust Relief Act: Asian and Pacific Affairs concluded hearings to ex- Senate passed H.R. 2525, to modify the operation of amine certain issues relating to the United States- the antitrust laws, and of State laws similar to the Sino Intellectual Property Rights Agreement, after antitrust laws, with respect to charitable gift annu- receiving testimony from Charlene Barshefsky, Dep- ities, clearing the measure for the President. uty United States Trade Representative; Steven Page S17828 Metalitz, International Intellectual Property Alliance, Securities Litigation Reform Act/Conference Re- Robert W. Holleyman, II, Business Software Alli- port—Agreement: A unanimous-consent time ance, Jason Berman, Recording Industry Association agreement was reached providing for the consider- of America, and Jack J. Valenti, Motion Picture As- ation of the conference report on H.R. 1058, to sociation of America, all of Washington, D.C. amend the Federal securities laws to curb certain ALTERNATIVE DISPUTE RESOLUTION abusive practices in private securities litigation, on Tuesday, December 5, 1995. Page S17825 Committee on Governmental Affairs: Subcommittee on Oversight of Government Management and the Dis- Messages From the President: Senate received the trict of Columbia concluded hearings on S. 1224, to following messages from the President of the United make permanent authorizations for and modify cer- States: tain provisions of the Administrative Dispute Reso- Transmitting the report of the Agreement For Co- lution Act of 1989 to encourage Federal agencies to operation in the Peaceful Uses of Nuclear Energy streamline dispute resolution processes through the Between the U.S. and the European Atomic Energy use of alternative dispute resolution techniques, after Community; referred to the Committee on Foreign receiving testimony from Steven Kelman, Adminis- Relations. (PM–99). Pages S17774±75 trator for Federal Procurement Policy, Office of Man- Messages From the President: Pages S17774±75 agement and Budget; Peter R. Steenland, Jr., Senior Messages From the House: Page S17775 Counsel, Office of Alternative Dispute Resolution, Department of Justice; John A. Wagner, Manager, Measures Placed on Calendar: Page S17775 ADR Services, Federal Mediation and Conciliation Communications: Page S17775 Service; Nancy G. Miller, former Senior Attorney, Executive Reports of Committees: Page S17775 Administrative Conference of the United States; and Philip J. Harter, on behalf of the American Bar As- Statements on Introduced Bills: Pages S17776±82 sociation, Marshall J. Breger, Heritage Foundation, Additional Cosponsors: Pages S17782±83 former Chair of the Administrative Conference of the Amendments Submitted: Pages S17783±86 United States, and Gray Castle, Center for Public Resources, all of Washington, D.C. Authority for Committees: Page S17786 Additional Statements: Pages S17786±92 SPORTS FRANCHISE RELOCATION Text of H.R. 2539 as Previously Passed: Committee on the Judiciary: Subcommittee on Anti- Pages S17792±S17819 trust, Business Rights, and Competition concluded hearings to examine antitrust and competition issues Record Votes: Two record votes were taken today. involved in relocation by professional sports fran- (Total—588) Pages S17773±74 chises, focusing on the degree and appropriateness of Adjournment: Senate convened at 10 a.m., and as competition among cities and other local govern- a further mark of respect to the memory of the late ments to attract and retain sports teams, the impact Chaplain of the Senate Reverend Richard Halverson, of the antitrust laws on the ability of sports leagues D 1396 CONGRESSIONAL RECORD — DAILY DIGEST November 29, 1995 to control franchise movement, and whether a Fed- and Health Act of 1970, focusing on civil penalties eral response is appropriate, after receiving testimony for paperwork and other nonserious violations, from Senators DeWine, Glenn, and Dorgan; Rep- OSHA inspector quotas, and consultation and vol- resentatives Stokes and Hoke; Mayor Bob Lanier, untary protection programs, after receiving testi- Houston, Texas; Mayor Michael R. White, Cleve- mony from Joseph A. Dear, Assistant Secretary of land, Ohio; Paul Tagliabue, National Football Labor for Occupational Safety and Health Adminis- League, New York, New York; John A. Moag, Jr., tration; T. Forrest Fisher, Camden, New Jersey, on Maryland Stadium Authority, Baltimore; Gary R. behalf of the American College of Occupational and Roberts, Tulane University Law School, New Orle- Environmental Medicine; Katherine Gekker, The ans, Louisiana; Stephen F. Ross, University of Illi- Huffman Press, Alexandria, Virginia, on behalf of nois, Champaign; and Robert A. Baade, Lake Forest the Printing Industries of America, Inc.; David J. College, Lake Forest, Illinois. Heller, U S West, Inglewood, Colorado, on behalf of IMMIGRATION REFORM the Labor Policy Association, Inc.; and Linda Cha- vez-Thompson, AFL–CIO, Washington, D.C. Committee on the Judiciary: Subcommittee on Immi- gration approved for full committee consideration an WHITEWATER original bill to reform the legal immigration of immigrants and nonimmigrants to the United States. Special Committee To Investigate the Whitewater Develop- (As approved by the subcommittee, the bill incor- ment Corporation and Related Matters: Committee re- porates provisions of S. 269 and S. 1394.) sumed hearings to examine issues relative to the Whitewater Development Corporation, receiving tes- OSHA REFORM timony from Richard Iorio, Director of Field Inves- Committee on Labor and Human Resources: Committee tigations, and Jean Lewis, former Criminal Investiga- concluded hearings on S. 1423, to make modifica- tor, both of the Resolution Trust Corporation. tions to certain provisions of the Occupational Safety Hearings continue tomorrow. h House of Representatives and the European Atomic Energy Community with Chamber Action accompanying agreed minute, annexes and other at- Bills Introduced: 8 public bills, H.R. 2684–2691; tachments—referred to the Committee on Inter- and 3 resolutions, H. Con. Res. 116, and H. Res. national Relations and ordered printed (H. Doc. 285–286 were introduced. Pages H13803±04 104–138). Pages H13737±38 Report Filed: One report was filed as follows: H. Lobbying Disclosure: By a yea-and-nay vote of 421 Res. 284, providing for the consideration of H.R. yeas, Roll No. 828, the House passed H.R. 2564, to 1788, to reform the statutes relating to Amtrak, and provide for the disclosure of lobbying activities to to authorize appropriations for Amtrak (H. Rept. influence the Federal Government. Pages H13738±50 104–370). Page H13803 The Traficant amendment was offered but subse- Speaker Pro Tempore: Read a letter from the quently withdrawn that sought to require all lobby- Speaker wherein he designates Representative Allard ists representing foreign firms or governments to register semi-annually with the Attorney General to act as Speaker pro tempore for today. Page H13733 and provide civil penalties for lobbyists who fail to Committees To Sit: The following committees and file or file false or incomplete information. their subcommittees received permission to sit today Pages H13739±44 during proceedings of the House under the 5-minute Subsequently, S. 1060, a similar Senate-passed rule: Committees on Commerce, Government Re- bill, was passed in lieu—clearing the measure for the form and Oversight, Resources, and Select Intel- President. H.R. 2564 was laid on the table. ligence. Page H13737 Pages H13745±50 Presidential Message—U.S.-EURATOM Nuclear House then agreed to H. Con Res. 116, directing Energy Use: Read a message from the President the Secretary of the Senate to make technical correc- wherein he transmits the text of a proposed Agree- tions in the enrollment of S. 1060. Pages H13749±50 ment for Cooperation in the Peaceful Uses of Nu- VA–HUD Appropriations: By a yea-and-nay vote clear Energy Between the United States of America of 216 yeas to 208 nays Roll No. 829, the House November 29, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1397 agreed to the Obey motion to recommit to the com- the nature of a substitute now printed in the bill, mittee of conference the conference report on H.R. modified by the amendment printed in part 1 of the 2099, making appropriations for the Departments of report of the Committee on Rules. The rule provides Veterans Affairs and Housing and Urban Develop- for the consideration of the substitute, as modified, ment, and for sundry independent agencies boards, by title rather than by section, with the first section commissions, corporations, and offices for the fiscal and each title considered as read. The rule waives all year ending September 30, 1996; with instructions points of order against the committee amendment in to the House conferees to insist on the House posi- the nature of a substitute, as modified. The rule pro- tion on Senate amendment numbered 4 (to provide vides for the consideration of a manager’s amend- an additional $213 million in veterans medical care ment to be printed in part 2 of the report, which funding). Pages H13750±64 is considered as read, not subject to amendment or Amendments Ordered Printed: Amendments or- to a division of the question, and is debatable for 10 dered printed pursuant to the rule appear on pages minutes equally divided between the proponent and H13804–05. an opponent. All points of order are waived against Quorum Calls—Votes: Two yea-and-nay votes de- the amendment. If adopted, the amendment is con- veloped during the proceedings of the House today sidered as part of the base text for further amend- and appear on pages H13744–45 and H13763–64. ment purposes. The rule authorizes the Chair to ac- There were no quorum calls. cord priority in recognition to Members who have Adjournment: Met at 10 a.m. and adjourned at pre-printed their amendments in the Congressional 6:55 p.m. Record. Finally, the role provides one motion to recommit, with or without instructions. Testimony was heard from Representatives Molinari, Oberstar, Committee Meetings and Lipinski. MISCELLANEOUS MEASURES Committee on Commerce: Ordered reported the follow- CONFERENCE REPORTS—CORRECTIONS IN ing bills: H.R. 325, amended, to amend the Clean ENROLLMENTS Air Act to provide for an optional provision for the Committee on Rules: By unanimous consent, vacated its reduction of work-related vehicle trips and miles proceedings of Friday, November 17, 1995, by traveled in ozone nonattainment areas designated as which it ordered reported a rule providing for the severe; and H.R. 1787, to amend the Federal Food, adoption of a concurrent resolution correcting the Drug, and Cosmetic Act to repeal the saccharin no- enrollment of two bills (Treasury/Postal Appropria- tice requirements. tions for fiscal year 1996 and Legislative Branch Ap- CIVIL SERVICE REFORM propriations for fiscal year 1996) to reflect a single Committee on Government Reform and Oversight: Sub- enrollment. committee on Civil Service concluded hearings on Civil Service Reform IV: Streamlining Appeals Pro- ETHICS INVESTIGATION cedures. Testimony was heard from Timothy Bowl- Committee on Standards of Official Conduct: Met in ex- ing, Associate Director, GAO; Allan Heuerman, Di- ecutive session to continue to take testimony regard- rector, OPM; Benjamin Erdreich, Chairman, Merit ing the ethics investigation of Speaker Gingrich. Systems Protection Board; Gilbert F. Casellas, Chair- Testimony was heard from Elliott Millenson, for- man, EEOC; Phyllis Segal, Chairwoman, Federal merly with Direct Access Diagnostics; and Peter Labor Relations Authority; Kathleen Day Koch, Spe- Bewley, Senior Vice President and General Counsel, cial Counsel, Office of Special Counsel, the following NovaCare Inc. former officials of the Merit Systems Protection Board: Daniel Levinson, Chairman; and Llewellyn DIVERSITY Fischer, General Counsel; and public witnesses. Permanent Select Committee on Intelligence: Held a hear- AMTRAK REFORM AND PRIVATIZATION ing on Diversity. Testimony was heard from Robert ACT Bryant, Assistant Director, FBI, Department of Jus- Committee on Rules: Granted, by voice vote, an open tice; the following officials of the CIA: John M. rule providing 1 hour of debate on H.R. 1788, Am- Deutch, Director; and Nora Slatkin, Executive Direc- trak Reform and Privatization Act of 1995. The rule tor; and the following officials of the Department of waives all points of order against the consideration Defense: VAdm. J.M. McConnell, USN, Director, of the bill. The rule makes in order the Committee NSA; and Lt. Gen. Kenneth A. Minihan, USA, Di- on Transportation and Infrastructure amendment in rector, Defense Intelligence Agency. D 1398 CONGRESSIONAL RECORD — DAILY DIGEST November 29, 1995 Departments of Commerce, Justice, and State, the Joint Meetings Judiciary, and related agencies for the fiscal year LIBRARY OF CONGRESS ending September 30, 1996. Joint Committee on the Library: Committee held oversight hearings to examine collection security and fi- SECURITIES LITIGATION REFORM nancial management activities of the Library of Con- Conferees on Tuesday, November 28, agreed to file a gress, receiving testimony from James Billington, Li- conference report on the differences between the brarian of Congress, John Rensbarger, Inspector Senate- and House-passed versions of H.R. 1058, to General, and Ken Keeler, Assistant Inspector Gen- amend the Federal securities laws to curb certain eral for Investigations, all of the Library of Congress; abusive practices in private securities litigation. William Gadsby, Director, Government Business f Operations Issues, General Government Division, and Robert Gramling, Director, Corporate Audits NEW PUBLIC LAWS and Standards, and Rosemary Jellish, Assistant Di- (For last listing of Public Laws, see DAILY DIGEST, p. D1384) rector, Financial Management Policies and Issues, S. 395, to authorize and direct the Secretary of the both of the Accounting and Information Manage- Department of Energy to sell the Alaska Power Ad- ment Division, all of the General Accounting Office; ministration, and to authorize the export of Alaska and Robert Featheringham and Michael Kenney, North Slope crude oil. Signed November 28, 1995. both of Computer Sciences Corporation, Falls (P.L. 104–58) Church, Virginia. S. 440, to amend title 23, United States Code, to Committee recessed subject to call. provide for the designation of the National Highway EMERGENCY SALVAGE TIMBER SALE System. Signed November 28, 1995. (P.L. 104–59) PROGRAM S. 1328, to amend the commencement dates of Joint Hearing: Senate Committee on Energy and Nat- certain temporary Federal judgeships. Signed No- ural Resources’ Subcommittee on Forests and Public vember 28, 1995. (P.L. 104–60) Land Management held joint oversight hearings with f the Timber Salvage Task Force of the House Re- COMMITTEE MEETINGS FOR THURSDAY, sources Committee on the implementation of section 2001 (relating to emergency salvage of diseased dead NOVEMBER 30, 1995 timber on Federal forest lands) of the Fiscal Year (Committee meetings are open unless otherwise indicated) 1995 Emergency Appropriations Supplemental and Senate Rescissions bill (P.L. 104–19), receiving testimony from James Meissner, Associate Director, Natural Committee on Energy and Natural Resources, business Resources Management Issues, and Robert B. Ar- meeting, to consider pending calendar business, 9:30 thur, Senior Evaluator, both of the General Account- a.m., SD–366. Committee on Finance, to hold hearings on the nomina- ing Office; Jack Ward Thomas, Chief, and Dave tions of Joseph H. Gale, of Virginia, to be a Judge of the Hessel, Director of Timber Management, both of the United States Tax Court, Melissa T. Skolfield, of Louisi- Forest Service, Department of Agriculture; Rolland ana, to be an Assistant Secretary of Health and Human Schmitten, Assistant Administrator for Fisheries, Na- Services, Darcy E. Bradbury, of New York, to be an As- tional Oceanic and Atmospheric Administration, De- sistant Secretary, David A. Lipton, of Massachusetts, to be partment of Commerce; Donald Barry, Counselor to a Deputy Under Secretary, and Jeffrey R. Shafer, of New the Assistant Secretary for Fish, Wildlife and Parks, Jersey, to be an Under Secretary, all of the Department and Nancy Hayes, Chief of Staff, Bureau of Land of the Treasury, and David C. Williams, of Illinois, to be Management, both of the Department of the Inte- Inspector General, Social Security Administration, 10 rior; Peter Coppelman, Deputy Assistant Attorney a.m., SD–215. General, Department of Justice; and Robert Committee on Foreign Relations, to hold hearings on Bi- lateral Treaties Concerning the Encouragement and Re- Sanderson, Director, Office of Federal Activities, En- ciprocal Protection of Investment (Treaty Docs. 104–19, vironmental Protection Agency. 103–36, 103–38, 104–13, 103–35, 104–12, 104–10, Hearings were recessed subject to call. 104-14, and 104–11), 10 a.m., SD–419. APPROPRIATIONS—COMMERCE/JUSTICE/ Committee on the Judiciary, business meeting, to consider STATE pending calendar business, 10 a.m., SD–226. Full Committee, to hold hearings on pending nomina- Conferees agreed to file a conference report on the dif- tions, 2 p.m., SD–226. ferences between the Senate- and House-passed ver- Select Committee on Intelligence, to hold closed hearings on sions of H.R. 2076, making appropriations for the intelligence matters, 9:30 a.m., SH–219. November 29, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1399

Special Committee To Investigate Whitewater Development Subcommittee on Military Personnel, to continue hear- Corporation and Related Matters, to continue hearings to ings on the Department of Defense comprehensive review examine certain issues relative to the Whitewater Devel- of POW/MIA cases, 10 a.m., 2122 Rayburn. opment Corporation, 10 a.m., SH–216. Committee on Resources, Subcommittee on National NOTICE Parks, Forests and Lands, oversight hearing on Forest Timber Salvage and Forest Health, 10 a.m., 1324 Long- For a Listing of Senate Committee Meetings worth. scheduled ahead, see page E2263 in today’s Record. Committee on Rules, to consider H.R. 1350, Maritime House Security Act of 1995, 10:30 a.m., H–313 Capitol. Committee on Science, Subcommittee on Space and Aero- Committee on Commerce, Subcommittee on Commerce, nautics, hearing on Shuttle Single Prime Contract: A Re- Trade, and Hazardous Materials, to mark up H.R. 2036, view of NASA’s Determination and Findings, 10 a.m., Land Disposal Program Flexibility Act of 1995, 2 p.m., 2318 Rayburn. 2322 Rayburn. Committee on Standards of Official Conduct, executive, to Subcommittee on Telecommunications and Finance, consider pending business, 1 p.m., HT–2M Capitol. hearing on H.R. 2131, Capital Markets Deregulation and Liberalization Act of 1995, 10 a.m., 2123 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on House Oversight, to continue discussions on committee on Aviation, to continue hearings on FAA’s H. Res. 192, providing additional auditing by the House Global Positioning (Satellite Navigation) System, 10 Inspector General, 12 p.m., 1310 Longworth. a.m., 2167 Rayburn. Committee on International Relations, hearing on United Committee on Ways and Means, to mark up the Senior States Policy Towards Bosnia, 10 a.m., 2172 Rayburn. Citizens’ Right to Work Act of 1995, 10 a.m., 1100 Committee on National Security, to continue hearings on Longworth. the proposed deployment of United States ground forces in Bosnia, 2 p.m., 2118 Rayburn. D 1400 CONGRESSIONAL RECORD — DAILY DIGEST November 29, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, November 30 10 a.m., Thursday, November 30

Senate Chamber House Chamber Program for Thursday: After the recognition of two Program for Thursday: Consideration of H.R. 1788, Senators for speeches and the transaction of any morning Amtrak Reform and Privatization Act of 1995 (open rule, business (not to extend beyond 2 p.m.), Senate may con- 1 hour of general debate). sider any cleared legislative business, including the conference report on H.R. 2099, VA/HUD Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Dixon, Julian C., Calif., E2254, E2257 Moran, James P., Va., E2262 Flanagan, Michael Patrick, Ill., E2260 Morella, Constance A., Md., E2258 Ackerman, Gary L., N.Y., E2261 Fowler, Tillie K., Fla., E2260 Rangel, Charles B., N.Y., E2253, E2256, E2260 Barcia, James A., Mich., E2254, E2257 Greenwood, James C., Pa., E2255 Reed, Jack, R.I., E2259 Borski, Robert A., Pa., E2253 Hamilton, Lee H., Ind., E2254, E2258, E2260 Scarborough, Joe, Fla., E2255 Condit, Gary A., Calif., E2255 Kleczka, Gerald D., Wis., E2259 Solomon, Gerald B.H., N.Y., E2261 Cox, Christopher, Calif., E2261 Meek, Carrie P., Fla., E2253 Weldon, Curt, Pa., E2259

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