September 2, 1998 CONGRESSIONAL RECORD — SENATE S9809 After 7 months of stonewalling, deny- Compact, known as the Texas Com- pacts. It has not imposed changes on ing and refusing to cooperate, the su- pact. any one of those agreements. In keep- perintendent is then forced to admit In entering into an agreement for the ing with congressionally established that, No. 1, the relationship did take disposal of low-level radioactive waste, policy for the disposal of low-level place; No. 2, he has been lying through the States of Maine, Texas, and waste, Maine, Texas, and Vermont are the 7 months; and, No. 3, there has been Vermont followed the direction estab- simply seeking the same treatment. a smearing of the reputation of people lished by the Congress in the Low- I commend my colleague from Maine, of high integrity. Level Radioactive Waste Policy Act Senator SNOWE, for her leadership on I would not want, under that cir- and its 1985 amendments. That legisla- this issue, and I urge my colleagues to cumstance, to have the superintendent tion contemplated that States would support the conference report. I yield then approach the Department of De- form agreements of this nature for the the floor. fense with a poll showing that 58 per- disposal of low-level waste, and thus, The PRESIDING OFFICER. Who cent of the cadets were happy under his by ratifying the compact, Congress will yields time? superintendency at West Point and be completing a process that it set in Mr. WELLSTONE addressed the say, ‘‘Since the Commander in Chief motion. Chair. did something like this 5 years ago and Since 1985, Congress has ratified 9 The PRESIDING OFFICER. The Sen- no reprimand of any kind came out of compacts involving 41 States. Put dif- ator from Minnesota is recognized. the Congress, why cannot I do exactly ferently, 82 of the 100 Members of this Mr. WELLSTONE. Mr. President, I the same thing under these cir- body live in States with compacts that rise again this morning to speak cumstances and not have it affect my have already been ratified by the Sen- against the conference report to H.R. career?’’ ate, and with the approval of the Texas 629. This is the Texas-Maine-Vermont I wish the precedent to be laid down Compact, that number will rise to 88. Compact which will result in the dump- that says that this kind of activity, In short, what Maine, Texas, and ing of low-level radioactive waste from whether it constitutes impeachable of- Vermont are seeking today has already Texas, Maine, and Vermont, and poten- fenses or not, cannot go uncommented been routinely granted in the vast ma- tially other States, at a dump located on in an official way. And just because jority of States. in Texas. The dump is expected to be I have decided that I will not offer this While the disposal of radioactive built in the town of Sierra Blanca in resolution in this Congress at this time waste is bound to generate con- Hudspeth County where 66 percent of for the two reasons I have outlined, I troversy, this agreement has been over- the residents are Latino, and 39 percent do make it clear, Mr. President, that whelmingly approved by the legisla- live below the poverty line. should the voters of Utah send me back tures of the three compacting States, Mr. President, the construction of here to serve in the 106th Congress, I signed by their Governors, and, in the this dump site in this community will do what I can to give Members of case of the State of Maine, endorsed by raises important questions of environ- Congress a clear opportunity, regard- voters in a referendum. This is con- mental justice. This is not just about less of impeachment proceedings, to sistent with the congressional deter- the people in Hudspeth County or express their opinion on the behavior mination that the States bear responsi- about the people in Sierra Blanca, or of the President of the United States in bility for the disposal of low-level ra- about west Texas for that matter. This this circumstance. dioactive waste and that, in the inter- is a fight for communities all across I yield the floor. est of limiting the number of disposal the country who do not have the polit- f sites, they work together to carry out ical clout to keep this pollution out. this responsibility. Indeed, ratification This is a fight for minority commu- TEXAS LOW-LEVEL RADIOACTIVE by Congress is necessitated only be- nities who are burdened with a dis- WASTE DISPOSAL COMPACT CON- cause State-imposed limitations on the proportionate share of these sites. SENT ACT—CONFERENCE RE- importation of waste would otherwise It seems to be a pattern in our coun- PORT violate the commerce clause. try, whenever we decide where we are The PRESIDING OFFICER (Mr. Mr. President, the Senator from Min- going to build a power line or where we ASHCROFT). The Senate will proceed to nesota, whom I enjoy serving with on are going to build a nuclear waste the conference report to accompany the Committee on Labor and Human dump site or where we are going to put H.R. 629, which the clerk will now re- Resources, has criticized the disposal an incinerator, it never is located in port. site that is under consideration by the communities where people who live in The assistant legislative clerk read State of Texas. Apart from the fact those communities have political as follows: that the location of the site is a matter clout. It is not located where the heavy A conference report to accompany H.R. 629, for Texas to determine and is not a hitters and the well-connected and the an act to grant consent of Congress to the component of this bill, that criticism is people who give the big contributions Texas Low-Level Radioactive Waste Disposal unsupported by the facts. live. It is almost always located in Compact. In making the decision to consider communities of color. The Senate resumed consideration of the proposed site in Hudspeth County, Mr. President, there is an article the conference report. TX, there has been extensive public in- today that I recommend for my col- The PRESIDING OFFICER. The time volvement as well as a thorough envi- leagues in the New York Times enti- on this conference report is limited to ronmental and technical review. The tled, ‘‘For Some, Texas Town Is Too 40 minutes to be equally divided. county was found to have two critical Popular as Waste Disposal Site.’’ This Who yields time? characteristics for a disposal site; is all about what we are debating Ms. SNOWE addressed the Chair. namely, very little rainfall and very today. I just read the conclusion. Maria The PRESIDING OFFICER. The Sen- low population density. Indeed, the Mendez, a retired school aide from ator from Maine. county is the size of the State of Con- Allamore, who lives in the community, Ms. SNOWE. Mr. President, I am now necticut and has a population of only is quoted as saying: pleased to yield to my colleague from 2,800 people, and it must be remem- I think Sierra Blanca was chosen for all Maine, Senator COLLINS. bered, Mr. President, that this is only this dumping because we don’t have any po- The PRESIDING OFFICER. The Sen- a proposed site. Final approval will not litical clout. I think it’s a racism thing; I ator from Maine. be forthcoming unless all of the stand- really do. Here we are, the hugest dump in Ms. COLLINS. Thank you, Mr. Presi- ards established by Texas law are satis- the whole world. First sludge, now nuclear dent. fied. waste. Our home has been taken over as the Mr. President, I rise to join the sen- The decision to consider the site in nation’s dumping ground. ior Senator from Maine, Senator Texas has nothing to do with who lives Mr. President and colleagues, envi- SNOWE, in urging my colleagues to ap- there. It has everything to do with the ronmental justice is a difficult issue. prove the conference report on H.R. fact that very few people live there. Too often we hide behind excuses. We 629, legislation that would ratify the This body has been presented with say, ‘‘These are private sector deci- Low-Level Radioactive Waste Disposal nine low-level radioactive waste com- sions. This is a matter of State and

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9810 CONGRESSIONAL RECORD — SENATE September 2, 1998 local responsibility. It is too hard to As a matter of fact, Mr. President, a The second amendment said that the prove.’’ But this is pretty easy. The 1984 public opinion survey commis- people in Hudspeth County would have dump will not be built if we reject this sioned by the Texas Waste Authority a chance to prove local discrimination compact. We have direct responsibility, provides some useful context for what in court, that if they could show they we have a Federal role, a direct Federal is going on. Let me just quote from have been unfairly targeted then they role. We cannot wash our hands of this. what their consultant said. This is the could go to court to challenge this. We cannot walk away and pretend we report: My colleagues, Democrats and Re- are not to blame. We are all respon- One population that may benefit from [a publicans, we have gone on record sible. And it is important to take a public information] campaign is Hispanics, twice supporting these amendments. In stand. particularly those with little formal edu- This compact raises troubling issues cation and low incomes. This group is the the dark of night—no wonder people of environmental justice. In this case, least informed of all segments of the popu- get so disillusioned about this proc- lation....The Authority should be aware, ess—the conference committee stripped the Texas Legislature selected however, that increasing the level of knowl- Hudspeth County. They already se- out both amendments, took both edge of Hispanics may simply increase oppo- amendments out. lected Hudspeth County. And the Texas sition to the [radioactive dump] site, inas- Waste Authority selected the Sierra much as we have discovered a strong rela- Would it be such a crime if we passed Blanca site after the Authority’s tionship in the total sample between in- this compact with an amendment that scoping study had already ruled out Si- creased perceived knowledge and increased made it clear that the waste could only erra Blanca as scientifically unsuit- opposition. come from Texas, Maine, and Vermont? able. The Waste Authority selected the The concern is that if this poor His- That is what they say the compact is site after the Authority’s own scoping panic community finds out more about about. Would it be such a crime if this study had ruled Sierra Blanca out as this, they will be opposed to it. Indeed, Hispanic community had some way of scientifically unsuitable; that is to say people in the community are opposed. seeking redress of grievance and could a geologically active area; that is to And they should be. challenge discrimination in court? Mr. President, my colleague, with all say an earthquake area. That amendment was taken out. That due respect, last night said we need to Communities near the preferred site is why this compact is flawed. That is have the compact to protect the people have had enough political clout to keep why we should vote against it. the dump out, but Sierra Blanca—al- in Hudspeth County from becoming a ready the site of the largest sewage national repository of nuclear waste. Environmental justice is a national sludge project in our country—was not That is not the way it works. responsibility. We have a national re- so fortunate. The Waste Authority does The conference report on H.R. 629 sponsibility to remedy this injustice a scoping study. The scoping study would allow appointed compact com- because if we do not, the Congress will says this is not scientifically suitable, missioners to import radioactive waste be complicit in the construction of this but the Waste Authority goes ahead from any State or territory. And both dump. and chooses this community. Why not? the State of Texas and nuclear utilities This is not purely a State or local across the country will have an eco- Disproportionately poor, disproportion- issue. We have to vote on it. We have nomic incentive to bring as much ately Latino. This is an issue of envi- to vote up or down. That is what our waste as possible to make this site eco- ronmental justice. constitutional system is all about. This nomically viable and to reduce their The residents of Sierra Blanca, compact requires congressional con- disposal costs. Hudspeth County and west Texas do sent. The Texas Compact cannot take not want this dump. Last night, some Section 3.05, paragraph 6 of the com- pact provides that the Compact Com- effect without Federal legislation, of my colleagues talked about the elec- since all 50 States—not just the com- tion of one official, and they said the mission may enter into an agreement with any person, State, regional body, pact States—will be asked to give their people want this dump. This candidate consent. was elected, and he was for it. But or group of States for importation of twenty surrounding counties and 13 low-level radioactive waste. All it re- Construction of the Sierra Blanca nearby cities have passed resolutions quires is a majority vote of the eight dump depends upon enactment of this against it. And no city or county in unelected compact commissioners. conference report. If we reject it today, west Texas supports it. Mr. President, the Texas Observer, Texas will not build a dump in Sierra Nor would any Senator in this Cham- March 28, 1997, had it right: Blanca. But within 60 days of enact- ber want this waste dump site built in More than two or three national dumps ment, if you vote for this, Maine and their backyard. I doubt whether any will drive fees so low that profit margins an- Vermont will pay Texas $25 million to ticipated by states (and now private inves- Senator in this Chamber has ever been tors) will be threatened. This economic re- begin construction. faced with this. These waste dump sites ality—and growing public resistance to the Let me point out this is different are not put where Senators live. They dumps—has raised the very real possibility from all the other compacts because it are put in the communities dispropor- that the next dump permitted will be the nu- is crystal clear where the site is going clear waste depository for the whole nation, tionately of color, disproportionately to be. The Texas Legislature already low-income. This is a debate about en- for decades to come. selected Hudspeth County, and the vironmental justice in our country. Of these nine compacts, I want to Texas Waste Authority already identi- Over 800 adult residents of Sierra point out to my colleagues that not fied a dump site near Sierra Blanca. Blanca have signed petitions opposing one compact has built a nuclear waste the dump. A 1992 poll, commissioned by dump site. That is what is at issue here. the Texas Waste Authority, showed 64 Mr. President, here is what is so Our consent ought to be conditional. percent opposition in Hudspeth and egregious about what has happened We ought to make it clear that the Culberson Counties. Republican Con- here. To avoid turning this low-income, compact can take effect only if the gressman BONILLA, who represents Mexican-American community into a waste comes from these three States Hudspeth County, and Democratic Con- national repository for radioactive only. But the conference committee gressmen REYES and RODRIGUEZ, who waste, I offered two amendments. Col- knocked that amendment out—the represent neighboring El Paso and San leagues, this is really what the vote is utility companies didn’t want that. about. Twice you have been on record. Antonio, have all actively opposed the We ought to make it clear the people dump site. The Senate has unanimously said, A, of Hudspeth County at least have a In an October 1994 statewide poll, 82 ‘‘We support an amendment which right to appeal this site selection. I percent of Texans said they were makes it clear that the waste can only against it. Local residents have had no come from Maine, Vermont, and Texas. think people in Maine and Vermont say over whether the waste dump site We support an amendment that puts in agree with that idea, but we took that will be constructed in Sierra Blanca. the language what we say this is amendment out. They were never consulted at any stage about.’’ That was passed twice by the This is not a debate about State or in the decision-making process. unanimous vote of the U.S. Senate. local rights. The conference committee

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 2, 1998 CONGRESSIONAL RECORD — SENATE S9811 followed the wishes of the nuclear util- nities of color for more than two decades, it This compact allows the State of ities, not the local residents—the utili- is very clear to me that the Sierra Blanca Texas, the State of Vermont and the ties who were going to benefit from case is a classic case of environmental rac- State of Maine to do what 41 other cheap disposal of nuclear waste. They ism. For this administration to stand silent does not show a commitment to environ- States, including Senator WELLSTONE’s supported this legislation with no mental justice or a commitment to protect own State of Minnesota, do—to dispose amendments. That is why this legisla- the civil rights of the residents in Sierra of this low-level radioactive waste. The tion is so flawed. Blanca, Texas. Many grassroots community States are responsible for making this On July 7, 1998, two administrative leaders I have talked to want to see the Clin- determination, whether it is in their hearing officers recommended that the ton Administration come out with a strong, State or out of their State, for the license for the Sierra Blanca dump be bold, and powerful public statement in oppo- waste that is generated within their sition to the Texas/Maine/Vermont Compact. denied. They made a good decision. borders. What they said was that this is a The people in Texas and across the nation need your help and support. There are other factors that have to tectonically active area. We have a Sincerely, very real danger of earthquakes. This be clarified here today. The Senator ROBERT D. BULLARD, from Minnesota said no other States in does not make sense from the point of Ware Professor and Director. view of science. And they were right. these compacts have determined or Mr. WELLSTONE. Mr. President, let designated other sites—which is incor- But the problem is that the Texas me read a portion of the letter. Environmental Agency, the TNRCC, rect—at the time of the ratification. In This letter is to express my concern about fact, three other compacts—the North- made up of officials appointed by the the Texas/Maine/Vermont Compact and its Governor, are not bound by what these environmental justice implications. The west, the Rocky Mountain and the hearing officers have recommended. issue is plain and simple. To allow the com- Southeast, which passed by the Con- The executive director has gone on pact to go forward would be an act of envi- gress in 1985—had operating facilities record saying that he doesn’t agree. ronmental injustice that follows a national that were intentionally designated as And the Governor has gone on record pattern of siting waste facilities and other the compact’s regional facility. LULUs [locally unwanted land uses] in peo- saying that Hudspeth County and Si- As has been said, the failure of this erra Blanca is the right place for this ple of color and low-income communities. Having . . . researched environmental prob- Congress to ratify this conference re- dump to be. lems in communities of color for more than port to create this compact will result I say to my colleagues that we really two decades, it is very clear to me that the in no facility being built in Texas. have two choices here. We can say, Sierra Blanca case is a classic case of envi- look, if we don’t know where the site is ronmental racism. As this chart illustrates, there are 684 such storage sites in the State of going to be, then let’s put off the vote. I reserve the remainder of my time. But, no, that is not what we are doing. The PRESIDING OFFICER. The Sen- Texas. They are temporary. They are The idea here is to just ram this ator from Maine is recognized. interim storage facilities. What does through. As soon as we do, believe me, Ms. SNOWE. How much time do I that mean? It means that they don’t it will go in Hudspeth County, Sierra have remaining? have to meet all the same strict re- Blanca. That will be a travesty. The PRESIDING OFFICER. The Sen- quirements that a permanent storage I want to just cite for colleagues the ator from Maine has 15 minutes 50 sec- facility will have to meet. So if this broad coalition of religious, environ- onds remaining and the Senator from conference report is ratified by the mental, social justice and public inter- Minnesota has 3 minutes 59 seconds re- Congress, that means the State of est groups that oppose this: The maining. Texas can consolidate into one perma- League of United Latin American Citi- Ms. SNOWE. May I be informed when nent facility to meet all of the State, zens, LULAC; Greenpeace; the Texas I have consumed 10 minutes? local and Federal requirements. NAACP; the Mexican American Legis- The PRESIDING OFFICER. The It is not, as the Senator from Min- Chair will inform the Senator when she lative Caucus of the Texas House of nesota has suggested, that we are run- Representatives; the Sierra Club; the has consumed 10 minutes. Ms. SNOWE. Mr. President, I think it ning roughshod, we are going to over- House Hispanic Caucus; the Bishop and ride all of the strict Federal, State and the Catholic Diocese of El Paso; the is important this morning to review local regulatory requirements with re- United Methodist Church General some of the facts regarding this con- spect to safety and health regulations, Board of Church and Society; Friends ference report before the Senate that and of course environmental regula- of the Earth; Physicians for Social Re- creates this Texas Compact, because I tions. This issue isn’t going to go away. sponsibility; the League of Conserva- do think that some of the facts have tion Voters; and 100 other local and na- been lightly regarded during the course The waste has already been generated. tional civic organizations. of this debate. In fact, even the administrative law I ask unanimous consent to have This is nothing that hasn’t been done judge wants the commission to go back printed in the RECORD a letter from before. This conference report will rat- to review essential factors to indicate Robert Bullard, a professor at Clark ify a compact between the States of that the process is working so that all Atlanta University, a leading expert on Texas, Maine and Vermont for the dis- of the requirements under Federal, environmental justice. posal of low-level radioactive waste, as State and local law are examined very There being no objection, the letter has been done on nine previous occa- carefully, in terms of the site, so that was ordered to be printed in the sions by the U.S. Congress in response it is environmentally and geologically RECORD, as follows: to a mandate by the Congress in both safe and sound. But even the adminis- CLARK ATLANTA UNIVERSITY, 1980 and 1985 that required the States trative law judge determined on July 7 Atlanta, GA, September 1, 1998. to accept responsibility for the disposal that, indeed, the State of Texas is in Vice President AL GORE, of low-level radioactive waste. need of a low-level waste disposal site. The White House, Mr. President, 41 States—including Congress did not put conditions on Washington, DC. the State of Minnesota, the State DEAR VICE PRESIDENT GORE: We are pleased the nine other compacts that were rati- which the Senator represents and who fied by Congress on previous occasions. to have an administration that cares about opposes this compact—have entered people, the environment, and justice. This So this compact should not be dealt letter is to express my concern about the into a compact over the last 20 years in with any differently. We are going to response to the mandate that was Texas/Maine/Vermont Compact and its envi- adhere to all of the safe requirements issued by the U.S. Congress. There are ronmental justice implications. The issue is that have been established in law. So nine such compacts. plain and simple. To allow the compact to go the siting in Texas is not being done in forward would be an act of environmental This compact in this conference re- racism. For this administration to stand si- port does not deviate from the previous a vacuum. To the contrary. lent does not show a commitment to envi- compacts. The fact of the matter is Just to name a few of the regulatory ronmental injustice that follows a national this compact gives greater control to requirements that have to be reviewed pattern of siting waste facilities and other the State of Texas in terms of the de- and have to be satisfied and have to be locally unwanted land uses or LULUS in peo- ple of color and low-income communities. termination of the siting and all of the adhered to and are being done, as in- Having written several books and re- other factors to repeatedly and safely cluded in this book right here that goes searched environmental problems in commu- dispose of low-level radioactive waste. through the entirety of the process

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9812 CONGRESSIONAL RECORD — SENATE September 2, 1998 that has been implemented in the able. The advertisement reflects the wide- not a reasonable road to economic develop- State of Texas for a siting of a facility, spread support in our area for this project; ment for Sierra Blanca. We say that these there is the Civil Rights Act, which has the support runs across the business commu- people do not speak for us and that this is to be adhered to; title VI of the Civil nity to elected officials. During the recent the only road in sight. primary elections, this issue was openly de- After four years of intensive review, Rights Act has to be regarded; the bated in the County Judge, Commissioners TNRCC issued a favorable Environmental Clean Water Act; the Clean Air Act; Court, and County Democratic Chairmanship Assessment. We are totally satisfied that the the Toxic Substances Control Act; the races; those who supported the project won, project will be safe and the residents of Si- Atomic Energy Act; the 1980 Low-Level while those who opposed it lost. erra Blanca want it to be licensed. It is a Radioactive Waste Policy Act; the 1985 Thank you for your continued support. If sign of hope and a brighter future. Amendments; the Texas Radiation you have further questions or if I can help The only negative socio-economic impact would be the denial of the license and the de- Control Act, and the Texas Health and you in any other way, please feel free to call. Sincerely, cision to site the facility elsewhere. Safety Code. They all must be adhered Judge JAMES A. PEACE. Ms. SNOWE. The fact of the matter to. Ms. SNOWE. I want to read this open is that there has been extensive public So there is a process. The Senator letter that was placed as an advertise- participation, and it has not been com- from Minnesota suggests that there ment in a local newspaper: pleted. In fact, there were local elec- has not been a process, or public par- tions in Hudspeth County, and all of ticipation. To the contrary, there has We support the approval of the license for the proposed radioactive waste disposal fa- the candidates who were in support of been extensive public participation, cility near our town. It offers hope for a bet- this facility were elected or reelected. I and the process is not over. This com- ter future and tangible, real-life advances think that speaks volumes. This was pact is site neutral. That doesn’t mean that will make Sierra Blanca and Hudspeth an issue in those campaigns. I will also to say that the State of Texas hasn’t County more livable. The overwhelming ma- submit for the RECORD the list of sup- been examining the site in Sierra Blan- jority of residents support this project near porters of the compact and the fol- ca, but the process has not been com- our town for the following reasons: lowing letters; a letter from nine Texas pleted. It is being examined very care- A halt to exporting our children to other areas for employment; a larger job market Members of the House of Representa- fully. There has been public participa- for all residents of Sierra Blanca and tives; the Governors of Maine, Texas tion. There have been numerous hear- Hudspeth County; the ripple effect seen from and Vermont; a letter from the Na- ings within Hudspeth County and Si- additional businesses and services to support tional Governors’ Association; the Na- erra Blanca specifically about this the facility; improved medical care; in- tional Conference of State Legisla- issue. The Texas Legislature over- creased property values; a broader tax base; tures; the Nuclear Regulatory Commis- whelmingly has supported it in both enhanced infrastructure; disposal fees paid sion; a ‘‘Dear Colleague’’ by two mem- the house and senate, as have the Gov- to the county; upward mobility, and an im- bers of the Texas House of Representa- ernors, Governor Richards and Gov- proved standard of living; a better perception of our community by ourselves and others. tives. All of them are in support of the ernor Bush; the State of Vermont, both The critics—almost all of whom live out- Texas Compact before us here today. legislatures, and the State of Maine, on side the community—say the proposed site is I ask unanimous consent that the list a bipartisan basis. In fact, 24 of the 30 not a reasonable road to economic develop- and these letters be printed in the members of the Texas congressional ment for Sierra Blanca. We say that these RECORD. delegation are all in support of this people do not speak for us and that this is There being no objection, the mate- our only road in sight. conference report. So it has been re- rial was ordered to be printed in the garded. I believe the people of Hudspeth RECORD, as follows: I want to read to my colleagues an County have spoken. I ask unanimous SUPPORT FOR TEXAS COMPACT CONSENT ACT open letter to the people of the State of consent that this letter be printed in ORGANIZATIONAL SUPPORT (18 NATIONAL Texas from 100 residents of Sierra the RECORD. ORGANIZATIONS, 11 REGIONAL ORGANIZATIONS) There being no objection, the letter Blanca and Hudspeth County. I ask Organizations United (American Associa- unanimous consent to have a letter was ordered to be printed in the tion of Physicists in Medicine, American from Judge Peace, the county judge, RECORD, as follows: College of Nuclear Physicians, American printed in the RECORD. [From the Austin American-Statesman, July Council on Education, American Heart Asso- There being no objection, the letter 22, 1998] ciation, American Medical Association, was ordered to be printed in the AN OPEN LETTER TO THE PEOPLE OF THE American Nuclear Society, American Soci- RECORD, as follows: STATE OF TEXAS FROM RESIDENTS OF SI- ety of Nuclear Cardiology, Appalachian Com- ERRA BLANCA, TEXAS AND HUDSPETH COUN- pact Users of Radioactive Isotopes Associa- HUDSPETH COUNTY COURTHOUSE, TY tion, Association of American Medical Col- Sierra Blanca, TX, August 25, 1998. leges, California Radioactive Materials Man- Hon. KAY BAILEY HUTCHISON, We support the approval of the license for agement Forum, Council on Radionuclides Russell Office Building, the proposed radioactive waste disposal fa- and Radiopharmaceuticals, Edison Electrical Washington, DC. cility near our town. It offers hope for a bet- Institute, Health Physics Society, Inter- DEAR SENATOR HUTCHISON: It is my under- ter future and tangible, real life advances national Isotope Society, Michigan Coalition standing that the United States Senate will that will make Sierra Blanca and Hudspeth of Radioactive Material Users, National As- be considering the Texas/Maine/Vermont County more livable. The overwhelming ma- sociation of Cancer Patients, National Elec- Compact soon. I want to thank you for sup- jority of residents support this project near trical Manufacturers Association, Nuclear porting this important measure. Its passage our town for the following reasons: Energy Institute, Pharmaceutical Research will bring needed revenue and opportunity to A halt to exporting our children to other and Manufacturers of America, Society of our area. Sierra Blanca has already benefited areas for employment, Nuclear Medicine, Society of Prospective greatly from the presence of the Texas Low- A larger job market for all the residents of Medicine); Robert Carretta, Chair, Organiza- Level Radioactive Waste Disposal Authority Sierra Blanca and Hudspeth County, The ripple effect seen from additional busi- tions United.—March 16, 1998; May 1, 1996. in the area. The benefits (jobs and infra- nesses and services to support the facility, Society of Nuclear Medicine, Southwestern structure improvement) will increase during Improved medical care, Chapter; Resolution. Southwestern Chapter construction and operation of the low-level A broader tax base, of the Society of Nuclear Medicine.—April radioactive waste disposal facility. The truth Enhanced infrastructure, 1997. is the socieconomic benefits for the residents Disposal fees paid to the County, Texas Radiological Society; Resolution. of Sierra Blanca are enormous and over- Upward mobility and an improved standard Texas Radiological Society.—April 4, 1997. whelmingly positive. Continued economic of living, and Texas Medical Association; Resolution. benefits are absolutely critical to the future A better perception of our community by Texas Medical Association.—April 4, 1997. development of Hudspeth County. ourselves and others. Texas Radiation Advisory Board; Resolu- I want you to know that the majority of Until the proposed project, the only meth- tion. Texas Radiation Advisory Board.— citizens favor the development of such a fa- od of upward mobility and economic develop- March 16, 1996. cility. I have enclosed an advertisement that ment for the residents of Sierra Blanca was Health Physics Society; Resolution. South recently ran in the Austin American States- a bus ticket out of town. There was little Texas Chapter of the Health Physics Soci- man, paid for by donations and community hope for economic progress. Sierra Blanca ety.—February 24, 1996. Resolution. North funds. The people of Sierra Blanca and was destined to be a small, remote, dying Texas Chapter of the Health Physics Soci- Hudspeth County voiced their support for a community. ety.—February 22, 1996. better future and tangible real life advances The critics—almost all of whom live out- Radiation Safety Officers; Resolution. Ra- that will make our communities more liv- side the community—say the proposed site is diation Safety Officers Advisory Group of

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 2, 1998 CONGRESSIONAL RECORD — SENATE S9813 the University of Texas System.—February proceedings. Currently, the Texas Natural Waste Disposal Compact Consent Act which 12, 1996. Resource Conservation Commission is con- passed through the House of Representatives Texas Society of Professional Engineers; ducting the appropriate hearings. last October. H.R. 629 was amended with lan- Resolution. Texas Society of Professional Please vote to supply the member states of guage that was not in the compact as ap- Engineers.—January 26, 1996. the Texas Compact with the same protec- proved by the Maine, Texas and Vermont California Radioactive Materials Manage- tions that you have already given 42 states state legislatures. No low-level radioactive ment Forum; Alan Pasternak, Technical Di- in the nine previously approved compacts. waste compact between states has ever been rector, California Radioactive Materials Thank you for your time and attention on amended by Congress. We believe that the Management Forum.—October 6, 1997. this very important matter. We appreciate amendments to H.R. 629 would establish an all efforts made on behalf of states’ rights. unfortunate precedent for Congressional tin- WASHINGTON, DC, Sincerely, kering with agreements that have already March 13, 1998. GEORGE W. BUSH. been passed by their relevant state legisla- Hon. PAUL WELLSTONE, HOWARD DEAN, M.D. tures. U.S. Senate, ANGUS S. KING, JR. The states of Maine, Texas, and Vermont Washington, DC. have already expended significant time and DEAR SENATOR WELLSTONE: As members of NATIONAL GOVERNORS ASSOCIATION, resources in order to negotiate an agreement the Texas delegation, we urge you to lift March 2, 1998. on the Hudspeth County facility. It would be your hold on H.R. 629/ S. 270, the Texas Low- DEAR MEMBER OF CONGRESS: On behalf of inappropriate for Congress to attempt to Level Radioactive Waste Disposal Compact. the National Governors’ Association, we alter a valid effort by the Compact states to This bill follows the guidelines set forth by urge you to adopt S. 270 without amendment. meet their responsibilities under the Low- Congress in 1985, setting up a compact for This bill provides congressional consent to Level Radioactive Waste Policy Act. We urge the disposal of low-level radioactive waste. the Texas-Maine-Vermont Low-Level Radio- you to support S. 270 without amendment. The legislation is strongly supported by the active Waste Compact. The National Gov- Sincerely, three states affected—Texas, Maine, and ernors’ Association (NGA) policy in support CRAIG PETERSON, Vermont—and H.R. 629 passed the House by of this compact is attached. We are con- Utah State Senate, an overwhelming vote of 309–107. vinced that this voluntary compact provides Chair, NCSL Envi- We appreciate the concerns that have been for the safe and responsible disposal of low- ronment Committee. expressed about radioactive waste, and the level waste produced in the three member CAROL S. PETZOLD, impact that it could have on our environ- states. Maryland House of ment if not properly handled. We agree that As you know, under the Low-Level Radio- Delegates, Chair, these are important issues which must be active Waste Policy Act (LLRWPA) of 1980, NCSL Energy & fully and completely examined—a process Congress mandated that states assume re- Transportation Com- that is currently under way in Texas through sponsibility for disposal of low level radio- mittee an intense administrative hearing process. active waste, and created a compact system But ultimately, low-level radioactive that provides states with the legal authority NUCLEAR REGULATORY COMMISSION, waste exists and all parties are better served to restrict, dispose of, and manage waste. Washington, DC, March 20, 1998. if there are safe and secure disposal facili- Since 1995, forty-one states have entered into Hon. OLYMPIA J. SNOWE, ties. While this may not be the best solution nine congressional approved compacts with- U.S. Senate, for all states—such as Minnesota—the Texas out amendments or objections. The Texas- Washington, DC. State Legislature, in conjunction with the Maine-Vermont Compact deserves to be the DEAR SENATOR SNOWE: In response to the state leadership of Vermont and Maine, has tenth. request from your staff, here are the views of come to agreement for the waste generated Your support for this bipartisan measure, the Nuclear Regulatory Commission (NRC) in those states. which has the full support and cooperation of on two proposed amendments to S. 270, a bill Finally, concerns have been raised regard- the Governors and legislatures of the three to provide the consent of Congress to the ing the location of the proposed disposal site participant states, will be crucial. Texas Low-Level Radioactive Waste (LLW) in Texas. This site was not selected by the If you have any questions concerning this Disposal Compact. The proposed amend- ments would add two new conditions to the U.S. Congress, and the bill before us does not matter, please don’t hesitate to contact Tom conditions of consent to the compact: (1) reference a specific site. Curtis of the NGA staff at (202) 624–5389. We urge you to lift your hold on this Texas Sincerely, that no LLW may be brought into Texas for disposal at a compact facility from any bill so that the process may move forward GOVERNOR GEORGE V. State other than Maine or Vermont (referred and this agreement may be implemented. VEINOVICH, to below as the ‘‘exclusion’’ amendment): Chet Edwards, Martin Frost, Max Sand- Chairman, National and (2) that ‘‘the compact not be imple- lin, Eddie Bernice Johnson, Ralph Hall, Governors’ Associa- tion. mented . . . in any way that discriminates Charles W. Stenholm, Ken Bentsen, against any community (through disparate Gene Green, Jim Turner. GOVERNOR TOM CARPER, Vice Chairman, Na- treatment or disparate impact) by reason of the composition of the community in terms STATE OF TEXAS, tional Governors’ Association. of race, color, national origin, or income OFFICE OF THE GOVERNOR, level’’ (referred to below as the ‘‘discrimina- Austin, TX, July 15, 1997. NATIONAL CONFERENCE tion clause’’). These amendments raise some DEAR SENATOR: As the Governors of the significant questions of concern to the NRC. member states, we strongly urge passage by OF STATE LEGISLATURES, Washington, DC, March 11, 1998. First, no other Congressional compact the U.S. Senate of S. 270, the Texas Low- ratification legislation has included such Level Radioactive Waste Disposal Compact Re: S. 270, the Texas Low-Level Radioactive Waste Disposal Compact Consent Act conditions to Congress’ consent. Making the Consent Act. Congressional consent for this compact dif- The 1980 Low-Level Radioactive Waste Pol- NCSL URGES YOU TO SUPPORT THIS BILL ferent from that for other compacts would icy Act and its 1985 amendments make each WITHOUT AMENDMENT create an asymmetrical system and could state ‘‘responsible for providing, either by Hon. TRENT LOTT, lead to conflicts among regions. In the past, itself or in cooperation with other states,’’ U.S. Senate, Congress has set a high priority on estab- for disposal of its own commercial low-level Washington, DC. lishing a consistent set of rules under which radioactive waste. In compliance with this DEAR SENATOR LOTT: The National Con- the interstate compact system for LLW dis- federal legislation, the states of Texas, ference of State Legislatures (NCSL) urges posal would operate. Maine and Vermont have arranged to man- you to support S. 270, the Texas Low-Level With respect to the exclusion condition, age their waste through the terms of the Radioactive Waste Disposal Compact Con- while the Low-Level Radioactive Waste Pol- Texas Compact. This compact passed the leg- sent Act, which will allow the states of icy Act of 1980 and the Low-Level Radio- islatures of the states involved and is sup- Maine, Texas, and Vermont to continue to active Waste Policy Amendments Act of 1985 ported by all three Governors. Texas, Maine work together to develop a facility in authorize compact States to exclude LLW and Vermont have complied with all federal Hudspeth County, Texas for the disposal of from outside their compact region, the terms and state laws and regulations in forming the low-level radioactive waste produced in of doing so are left to the States. This is con- this compact. For the Congress to deny rati- those three states. NCSL has consistently re- sistent with the intent of these statutes to fication of the Texas Compact would be a se- iterated its firm belief that states must be make LLW disposal the responsibility of the rious breach of states’ rights and a rejection allowed to exercise their authority over the States and to leave the implementation of of Congress’ previous mandate to the states. storage and disposal of low-level radioactive that responsibility largely to the States’ dis- It is important to remember that S. 270 is waste, authority that was granted to them cretion. Thus, the addition of the exclusion site neutral—a vote on S. 270 is neither a by Congress in the Low-Level Radioactive condition to the compact would deprive the vote to endorse nor oppose the proposed site Waste Policy Act of 1980 and the Low-Level party States of the ability to make their in Texas. Federal legislation leaves the Waste Policy Act Amendments of 1985. own choices as to how to handle this impor- siting of a facility to state governments and NCSL is concerned about H.R. 629, the tant area. In addition, restriction on impor- should be resolved during formal licensing version of the Texas Low-Level Radioactive tation of LLW into Texas to waste coming

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9814 CONGRESSIONAL RECORD — SENATE September 2, 1998 from Maine or Vermont could prevent other The Commerce Committee reported H.R. Finally, let me name some of the compacts (or non-compact States) from con- 629 on June 25th. The bill will be coming to members of a coalition of religious, en- tracting with the Texas compact for disposal the floor soon. We strongly urge you to vote vironmental, social justice and public of their waste (such as has occurred between for this bill. interest groups who oppose the com- EDDIE BERNICE JOHNSON, the Rocky Mountain and Northwest com- pact. I cite the League of United Latin pacts). This type of arrangement with exist- Member of Congress. ing LLW disposal facilities may well become SHEILA JACKSON LEE, American Citizens, LULAC. The Latino a preferred economical method of LLW dis- Member of Congress. community should make us account- posal. It is also important to note that the Ms. SNOWE. The fact of the matter able on this vote. This is an issue of en- exclusion condition may hamper NRC emer- is that there has been a public process. vironmental justice. Then there is gency access to the Texas facility pursuant There has been very careful evaluation GreenPeace, the Texas NAACP, the to section 8 of the Low-Level Radioactive and concern about the views of the con- Texas House of Representatives Mexi- Waste Policy Amendments Act of 1985. can-American Legislative Caucus, the With respect to the discrimination clause, stituents in the local area of Hudspeth County, of Sierra Blanca, of the State Sierra Club, the House Hispanic Cau- the Commission supports the general objec- cus, and the League of Conservation tives of efforts to address discrimination in- of Texas. The fact is, the Senator from volving ‘‘race, color, national origin, or in- Minnesota wants to treat the States of Voters. I reserve my final 2 minutes, come level.’’ However, it is unclear how a Texas, Vermont, and Maine differently the balance of my time. Mr. LEAHY. Mr. President, let me go condition containing broad language of the from 41 other States, including the back to the basic reason we are debat- type contained in the proposed amendment Senator’s own State of Minnesota. would be applied in a specific case involving The States of Texas, Vermont, and ing this Compact today. This Compact a compact. This lack of clarity is likely to Maine are doing just what the Congress is before the Senate today because we create confusion and uncertainty for all par- required them to do—enter into a com- shifted the responsibility to manage ties involved, and could lead to costly, time- low-level nuclear waste to the states consuming litigation. Including such a provi- pact. The failure of this Congress to ap- prove this conference report and ratify almost a decade ago. Congress encour- sion in binding legislation may have broad aged the states to enter into compacts significance for the affected States and other this compact would mean that the to share this responsibility. Forty-one parties and would appear to warrant exten- State of Texas could not create one states have already followed our direc- sive Congressional review of its implications. safe permanent disposal for low-level tion by entering into compacts very In light of the above, the NRC opposes the radioactive waste; that they would similar to the one we have before us approval of amendments to S. 270 that would have to maintain 684 temporary stor- incorporate the exclusion condition or an un- today. With the expectation that Con- age facilities that do not meet the defined discrimination clause into the Texas gress would ratify their compact, just strict Federal, State and local require- compact bill. like we have nine other times, the ments that this permanent facility Sincerely, states of Texas, Vermont and Maine SHIRLEY ANN JACKSON. would be required to meet. So, Mr. President, I urge my col- entered into this Compact. That was more than four years ago. HOUSE OF REPRESENTATIVES, leagues to adopt this conference report. We have delayed this Compact long Washington, DC. I reserve the balance of my time. DEAR CBC MEMBER: We are writing to ask The PRESIDING OFFICER (Mr. enough. The amendments that Senator you to vote for H.R. 629, a bill we both are WELLSTONE offered to the Compact INHOFE). The Senator has 9 minutes re- cosponsoring to ratify the Texas-Maine- when it passed the Senate earlier this Vermont Low-Level Radioactive Waste Com- maining. Mr. WELLSTONE. Mr. President, year would delay implementation of pact. this Compact even further. When the Although H.R. 629 specifically provides how much time do I have? Congressional consent for the Texas, Maine, The PRESIDING OFFICER. The Sen- Conference Committee considered and Vermont Compact which provides for the ator has 4 minutes remaining. these amendments, we not only heard safe, responsible disposal of low-level waste Mr. WELLSTONE. Mr. President, opposition to the amendments from the produced in those three states, every state would the Chair please notify me when National Governors’ Association and has a stake in the success of this compact. I have 2 minutes remaining? the Nuclear Regulatory Commission, The Low-Level Radioactive Waste Policy The PRESIDING OFFICER. The Sen- but also from each of the governors of Act (LLRWPA) of 1980 requires states to ator will be so notified. Texas, Maine and Vermont. manage the disposal of low-level waste. The Mr. WELLSTONE. Mr. President, A, Their letter urges Congress to pass compact system provides a mechanism for this is the only compact the Senate has the Compact without amendments. The states to ensure their control over the origin letter makes it clear that the gov- of the waste and allows the individual host considered where we have a site identi- staet—with input from interested citizens— fied for construction of a compact ernors believe that the amendments to determine the appropriate location for the dump. In this particular case, 90 per- would require re-ratification by the disposal site. cent or more of that waste is going to states and would undoubtedly lead to Your state may or may not be one of the 41 come from nuclear power plants. costly and time-consuming litigation. states that have entered into the 9 compacts B, with all due respect to my col- But their letter raises what I think is previously ratified by congress. Either way, league, the argument that the people the most important question: what is passage of H.R. 629 will reaffirm your State’s in Sierra Blanca and Hudspeth County our role in ratifying this Compact? right both to control local land use and, sub- want this is an argument that just can- Congress has passed nine other com- ject to federal and state health, safety, and environmental laws, to determine the best not be accepted on the floor of the U.S. pacts without any amendments. In and safest location for disposing of your Senate. Eight hundred adult residents fact, we passed them by unanimous State’s waste. of this town of Sierra Blanca signed pe- consent. So why is this Compact so dif- Through bipartisan cooperation, the Gov- titions in opposition. A 1992 poll com- ferent? Contrary to Senator ernors and Legislatures of Texas, Vermont, missioned by the Texas Waste Author- WELLSTONE’s statement, the Compact and Maine negotiated and ratified this Com- ity showed 64 percent in opposition. In makes no mention of a site. Nowhere in pact in full compliance with all federal and a poll in 1994, 82 percent of Texans were this legislation will you find a mention state laws. Since 1985, nine other compacts against it. It just doesn’t wash. of Sierra Blanca, Texas. The people of comprising 41 states have been ratified by congress without amendment or objection. Third, as colleagues follow this de- Texas will make a decision for them- Please join us in helping all of our States to bate, again, the Texas legislature se- selves. The Compact will not. protect the health and safety of our citizens lected Hudspeth County. The Texas We are not here to select the site for by co-sponsoring and voting for the Texas- Waste Authority selected the Sierra them. We are not here to write the Maine-Vermont Low-Level Radioactive Blanca site after the Authority’s own Compact agreement for them. We are Waste Compact ratification bill. scoping study said it is not scientif- not here to decide how much waste In the last Congress, some members of the ically suitable. But this was the path should be deposited at the facility or Texas delegation opposed ratification of the of least political resistance. This is an where that waste should come from. Compact because of concerns over the loca- tion for the proposed site in Texas. We are issue of environmental justice. This is The states have already made those de- satisfied that all appropriate health, safety, being put on the back of a community cisions for themselves. As the gov- and environmental concerns are being ad- that is disproportionately Hispanic and ernors pointed out, the Wellstone dressed in a responsible manner by the Texas poor. That is what today’s article in amendments would have been an ‘‘in- state government. the New York Times is all about. fringement on state sovereignty.’’ It

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 2, 1998 CONGRESSIONAL RECORD — SENATE S9815 would have been the first time Con- Mrs. HUTCHISON. Thank you, Mr. for the site of this low-level waste com- gress amended an original contract ne- President. I thank the Senator from pact as a place where they are going to gotiated by the states. Inclusion of Maine. put the waste. these amendments in the Compact Mr. President, I think it should be Hudspeth County is the third largest would deny the states the right Con- noted that all six Senators from three county in Texas, with 4,566 square gress gave them to make their own affected States are supportive of this miles. It has a population of 3,200 peo- choices as to how to handle disposal of legislation. ple. low-level nuclear waste. I want to begin my remarks with the I want my colleagues to know that The amendments offered to the Com- most important thing I can possibly the vast majority of the county’s lead- pact by Senator WELLSTONE were inap- say, and that is, I would never support ership support locating this facility in propriate. I can understand Senator a hazardous waste site in my State Hudspeth County as long as it is done WELLSTONE’s concern that too many that wasn’t in full compliance with in an environmentally safe way, which sources of pollution and waste facili- Federal and Texas environmental laws the Governor has promised will happen ties are targeted to minority and low- and regulations. This is the most im- or it will not be created. income areas, but one of his amend- portant of all of the things that I could The PRESIDING OFFICER. The Sen- ments would have created new opportu- possibly say. ator’s time has expired. nities for litigation that go far beyond This compact came about because of Ms. SNOWE. Mr. President, I ask the ‘‘environmental justice’’ guidance Federal legislation—the Low-Level Ra- unanimous consent that the Senator recently proposed by the Environ- dioactive Waste Policy Act and its 1985 from Texas have 2 additional minutes. mental Protection Agency. The amend- amendments. They allowed States to The PRESIDING OFFICER. The Sen- ment would also apply federal environ- come together, and encouraged States ator from Maine has only 1 additional mental justice standards to states for to come together, to find waste dis- minute remaining. the first time. Congress should address posal facilities that would meet the Ms. SNOWE. Mr. President, I was in- the issue of environmental justice. But needs of our country. formed earlier that I had 9 minutes re- we should take the time to do it right, In fact, all of us would love not to maining. not through amendments to an agree- have any waste that would be put any- I ask unanimous consent for 1 addi- ment between three states that are fol- where. But if we didn’t have waste, we tional minute and the Senator from lowing the lead of nine other similar wouldn’t have medical remedies, we Minnesota to have an additional agreements. wouldn’t have the cures for people’s minute. The second amendment attached by diseases. That is what this waste is. It The PRESIDING OFFICER. Is there Senator WELLSTONE also expands the is not nuclear waste. It not high-level objection? role of Congress in approving these hazardous waste. It is low-level med- Mr. WELLSTONE. Mr. President, I compacts. This Compact is the result ical waste. certainly will not object. My under- of years of negotiation among the The law has created 41 States that standing is that the Senator from three states and approved by the legis- have formed 9 low-level radioactive Texas needed additional time. latures of those states. Senator waste compacts. Minnesota is a mem- If additional time is added on your ber of one such compact ratified by side and then added to my side as well, WELLSTONE argues that his amendment would give Texas protection from hav- Congress in 1985. Nine compacts have that will be fine with me. ing to accept waste from states other been formed. And the compact that The PRESIDING OFFICER. Is there than Maine and Vermont. However, the Texas, Maine, and Vermont have cre- objection? Compact already gives Texas the ma- ated is no different from these, and it Mrs. HUTCHISON. There is one other jority vote in deciding if and from seeks to provide the citizens of our addition I would like to have, and that whom additional waste may come. This three States the same protections en- is that the Senator from Minnesota amendment is unnecessary and would joyed by the State of Minnesota and have an additional 1 minute as well. The PRESIDING OFFICER. Is there only lead to further delay of the Com- the other 40 States that have formed objection? pact since it will likely require re-rati- compacts. Mr. WELLSTONE. Mr. President, re- fication by the member states. In fact, I think it is very important that we serving the right to object, what is the under the Wellstone amendment, Texas address the issue of how this came agreement? may be more open to accepting waste about. A compact agreement was negotiated The PRESIDING OFFICER. I think from other states because it would not by former Governor Ann Richards with this side would have 4 additional min- have the protection of the exclusionary the Governors of Maine and Vermont. utes remaining, of which the Senator provisions of the Compact. The compact was overwhelmingly ap- from Texas would use 1, and you would The States of Texas, Maine and proved by the Texas State Legislature have 3 additional minutes remaining. Vermont have done their job. They and signed by Governor Richards in Mr. WELLSTONE. So the additional have negotiated a compact among 1993. That compact now enjoys the sup- minutes added to the side in favor of them to provide for the responsible dis- port of our current Governor, George this would be the same as the amount posal of low-level radioactive waste Bush, and our Lieutenant Governor, of time added to the opposition. Is that and submitted it to this body as re- Bob Bullock. correct? quired under Federal statute, for the Maine’s compact was passed by their The PRESIDING OFFICER. That is consent of the Congress. Now, we need legislature and signed in 1993. It also not correct. to do our job. Those Senators who sup- passed a State-wide referendum. In Mr. WELLSTONE. That is not cor- port the basic premise that we agreed Vermont, legislation was passed by the rect? to in 1980, that states should have the legislature and signed by the Governor The PRESIDING OFFICER. There responsibility to dispose of their waste, in 1994. I don’t think the Federal Gov- would be 2 additional minutes remain- should vote for this bill. It is the re- ernment has a mandate to nullify a ing, and you would be getting 1 addi- sponsibility of Congress to follow contract among three State Governors tional minute. through on the direction we gave to and ratified by their legislatures. Mr. WELLSTONE. I will say what states in 1980 and ratify this Compact. I think it is also important that we would be fair would be 2 additional Ms. SNOWE addressed the Chair. address the local issue that has been minutes on each side. The PRESIDING OFFICER. The Sen- addressed by the Senator from Min- Ms. SNOWE. I agree with that. ator from Maine. nesota. The PRESIDING OFFICER. Is there Ms. SNOWE. Mr. President, I am very We have not yet—the three States to- objection? pleased to be able to yield 4 minutes to gether, nor the State of Texas—decided Without objection, it is so ordered. my colleague from the State of Texas, on a place for this radioactive waste. Ms. SNOWE. Mr. President, I yield 2 Senator HUTCHISON. However, there is careful consideration minutes to the Senator from Texas. The PRESIDING OFFICER. The Sen- being given to Hudspeth County, which The PRESIDING OFFICER. The Sen- ator from Texas. is the focus of where they are looking ator from Texas.

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9816 CONGRESSIONAL RECORD — SENATE September 2, 1998 Mrs. HUTCHISON. Thank you, Mr. management program is fully supported by U.S. NUCLEAR President. the Governor of Texas, the host state. REGULATORY COMMISSION, It is very important that the people As you know, Congress requires the states Washington, DC, March 20, 1998. Hon. OLYMPIA J. SNOWE, of our country know that the people of to take responsibility for the proper disposal U.S. Senate, Hudspeth County want this low-level of the low level radioactive waste generated Washington, DC. waste authority. They in fact had an within their borders, and created the com- DEAR SENATOR SNOWE: In response to the pact system to allow states to join together election this past May in the pri- request from your staff, here are the views of maries. The county elections were to meet this mandate. The Western Gov- the Nuclear Regulatory Commission (NRC) held. And every opponent of the Low- ernors support such compacts particularly on two proposed amendments to S. 270, a bill Level Radioactive Waste Compact who when the states join voluntarily and when to provide the consent of Congress to the the host governor supports the location and sought office in Hudspeth County lost. Texas Low-Level Radioactive Waste (LLW) operation of the disposal site. I ask unanimous consent to have Disposal Compact. The proposed amend- printed in the RECORD a letter of sup- Your vote for adoption of S. 270, without ments would add two new conditions to the port from the Hudspeth County judge, amendment, is critical to its ratification. conditions of consent to the compact: (1) that no LLW may be brought into Texas for James Peace, and 300 community lead- This will allow the three states to move to- wards complying with the LLRWA. disposal at a compact facility from any ers in the county in support of the State other than Maine or Vermont (referred If you have questions please contact me or compact; and, furthermore, letters to below as the ‘‘exclusion’’ amendment); from the National Governors’ Associa- Rich Bechtel, Director of the WGA Wash- and (2) that ‘‘the compact not be imple- tion, the Western Governors’ Associa- ington Office. mented . . . in any way that discriminates Sincerely, against any community (through disparate tion, the National Conference of State JAMES M. SOUBY. Legislatures, the Nuclear Regulatory treatment or disparate impact) by reason of Commission of the United States, the the composition of the community in terms NATIONAL CONFERENCE OF of race, color, national origin, or income M.D. Anderson Cancer Center in Hous- STATE LEGISLATURES, level’’ (referred to below as the ‘‘discrimina- ton, the University of Texas System, Washington, DC, March 11, 1998. tion clause’’). These amendments raise some the Texas Tech University Health Re S. 270, the Texas Low-Level Radioactive significant questions of concern to the NRC. Sciences Center in El Paso, and the Waste Disposal Compact Consent Act First, no other Congressional compact University of Texas Health Science NCSL urges you to support this bill with- ratification legislation has included such Center at San Antonio. out amendment. conditions to Congress’ consent. Making the There being no obligation, the mate- Hon. TRENT LOTT, Congressional consent for this compact dif- rial was ordered to be printed in the U.S. Senate, Washington, DC. ferent from that for other compacts would create an asymmetrical system and could RECORD, as follows: DEAR SENATOR LOTT: The National Con- ference of State Legislatures (NCSL) urges lead to conflicts among regions. In the past, NATIONAL GOVERNORS ASSOCIATION, Congress has set a high priority on estab- you to support S. 270, the Texas Low-Level Washington, DC, March 2, 1998. lishing a consistent set of rules under which Radioactive Waste Disposal Compact Con- DEAR MEMBER OF CONGRESS: On behalf of the interstate compact system for LLW dis- sent Act, which will allow the states of the National Governors’ Association, we posal would operate. urge you to adopt S. 270 without amendment. Maine, Texas, and Vermont to continue to With respect to the exclusion condition, This bill provides congressional consent to work together to develop a facility in while the Low-Level Radioactive Waste Pol- the Texas-Maine-Vermont Low-Level Radio- Hudspeth County, Texas for the disposal of icy Act of 1980 and the Low-Level Radio- active Waste Compact. The National Gov- the low-level radioactive waste produced in active Waste Policy Amendments Act of 1985 ernor’s Association (NGA) policy in support those three states. NCSL has consistently re- authorize compact States to exclude LLW of this compact is attached. We are con- iterated its firm belief that states must be from outside their compact region, the terms vinced that this voluntary compact provides allowed to exercise their authority over the of doing so are left to the States. This is con- for the safe and responsible disposal of low- storage and disposal of low-level radioactive sistent with the intent of these statutes to level waste produced in the three member waste, authority that was granted to them make LLW disposal the responsibility of the states. by Congress in the Low-Level Radioactive States and to leave the implementation of As you know, under the Low-Level Radio- Waste Policy Act of 1980 and the Low-Level that responsibility largely to the States’ dis- active Waste Policy Act (LLRWPA) of 1980, Waste Policy Act Amendments of 1985. cretion. Thus, the addition of the exclusion Congress mandated that states assume re- condition to the compact would deprive the sponsibility for disposal of low level radio- NCSL is concerned about H.R. 629, the party States of the ability to make their active waste, and created a compact system version of the Texas Low-Level Radioactive own choices as to how to handle this impor- that provided states with the legal authority Waste Disposal Compact Consent Act which tant area. In addition, restriction on impor- to restrict, dispose of, and manage waste. passed through the House of Representatives tation of LLW into Texas to waste coming Since 1995, forty-one states have entered into last October. H.R. 629 was amended with lan- from Maine or Vermont could prevent other nine congressional approved compacts with- guage that was not in the compact as ap- compacts (or non-compact States) from con- out amendments or objections. The Texas- proved by the Maine, Texas and Vermont tracting with the Texas compact for disposal Maine-Vermont Compact deserves to be the state legislatures. No low-level radioactive of their waste (such as has occurred between tenth. waste compact between states has ever been Your support for this bipartisan measure, amended by Congress. We believe that the the Rocky Mountain and Northwest com- which has the full support and cooperation of amendments to H.R. 629 would establish an pacts). This type of arrangement with exist- the Governors and legislatures of the three unfortunate precedent for Congressional tin- ing LLW disposal facilities may well become a preferred economical method of LLW dis- participant states, will be crucial. kering with agreements that have already posal. It is also important to note that the If you have any questions concerning this been passed by their relevant state legisla- exclusion condition may hamper NRC emer- matter, please don’t hesitate to contact Tom tures. Curtis of the NGA staff at (202) 624–5389. gency access to the Texas facility pursuant Sincerely, The states of Maine, Texas, and Vermont to section 8 of the Low-Level Radioactive Gov. GEORGE V. VOINOVICH, have already expended significant time and Waste Policy Amendments Act of 1985. Chairman. resources in order to negotiate an agreement With respect to the discrimination clause, Gov. TOM CARPER, on the Hudspeth County facility. It would be the Commission supports the general objec- Vice Chairman. inappropriate for Congress to attempt to tives of efforts to address discrimination in- alter a valid effort by the Compact states to volving ‘‘race, color, national origin, or in- WESTERN GOVERNORS’ ASSOCIATION, meet their responsibilities under the Low- come level.’’ However, it is unclear how a Washington, DC, March 12, 1998. Level Radioactive Waste Policy Act. We urge condition containing broad language of the DEAR SENATOR: The Western Governors’ you to support S. 270 without amendment. type contained in the proposed amendment Association urges you and your fellow Sen- Sincerely, would be applied in a specific case involving ators to pass S. 270, without amendment. CRAIG PETERSON, a compact. This lack of clarity is likely to This legislation would ratify the Texas- Utah State Senate, create confusion and uncertainty for all par- Maine-Vermont Low Level Radioactive Chair, NCSL Envi- ties involved, and could lead to costly, time- Waste Compact. Congress envisioned this ronment Committee. consuming litigation. Including such a provi- type of compact when it passed the Low CAROL S. PETZOLD, sion in binding legislation may have broad Level Radioactive Waste Policy Act Maryland House of significance for the affected States and other (LLRWA) of 1980. This Compact is a vol- Delegates, Chair, parties and would appear to warrant exten- untary group of states which joined together NCSL Energy & sive Congressional review of its implications. to identify and operate a site for the disposal Transportation Com- In light of the above, the NRC opposes the of low level radioactive waste. The site and mittee. approval of amendments to S. 270 that would

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 2, 1998 CONGRESSIONAL RECORD — SENATE S9817 incorporate the exclusion condition or an un- hope for economic progress. Sierra Blanca We know of 684 sites that produce radio- defined discrimination clause into the Texas was destined to be a small, remote, dying active waste that must be disposed of prop- compact bill. community. erly in order to safeguard the health of all Sincerely, The critics—almost all of whom live out- Texans. SHIRLEY ANN JACKSON. side the community—say the proposed site is Medical diagnosis and treatment with not a reasonable road to economic develop- radioisotopes is a significant factor at hos- HUDSPETH COUNTY JUDGE, ment for Sierra Blanca. We say that these pitals and cancer treatment centers. Sierra Blanca, TX, August 25, 1998. people do not speak for us and that this is Radioisotopes are used at many Texas Uni- Hon. KAY BAILEY HUTCHISON, the only road in sight. versities and teaching institutions. There Russell Office Building, After four years of intensive review, has to be a site for disposal of their wastes. Washington, DC. TNRCC issued a favorable Environmental We can not simply store this material on site DEAR SENATOR HUTCHISON: It is my under- Assessment. We are totally satisfied that the at 684 different places. standing that the United States Senate will project will be safe and the residents of Si- We have to look to the total disposal of ra- be considering the Texas/Maine/Vermont erra Blanca want it to be licensed. It is a dioactive waste in Texas and do the best pos- Compact soon. I want to thank you for sup- sign of hope and a brighter future. sible job so that future generations are not porting this important measure. Its passage The only negative socio-economic impact affected by sloppy disposal and contamina- will bring needed revenue and opportunity to would be the denial of the license and the de- tion of ground water or food chains. The our area. Sierra Blanca has already benefited cision to site the facility elsewhere. Eagle Flat site at Sierra Blanca meets those greatly from the presence of the Texas Low- needs. Level Radioactive Waste Disposal Authority THE UNIVERSITY OF TEXAS We need your support in approving HR 558 in the area. The benefits (jobs and infra- MD ANDERSON CANCER CENTER, which is the compact between Texas, Maine, structure improvement) will increase during Houston, TX, February 20, 1995. and Vermont. Congress has approved 9 com- construction and operation of the low-level Hon. HENRY BONILLA, pacts which includes 41 states. Please vote radioactive waste disposal facility. The truth House of Representatives, for approval of the 10th compact so that is the socioeconomic benefits for the resi- Washington, DC. Texas can move forward on proper disposal dents of Sierra Blanca are enormous and DEAR REPRESENTATIVE BONILLA: Early this of radioactive wastes with input and monies overwhelmingly positive. Continued eco- session, Congress will have the opportunity from Maine and Vermont. nomic benefits are absolutely critical to the to ratify the Texas Compact, an interstate The site selected in Hudspeth County is future development of Hudspeth County. compact entered into by Texas, Maine and being reviewed by the Texas Department of I want you to know that the majority of Vermont for the disposal of low-level radio- Natural Resources. Approval by that state citizens favor the development of such a fa- active waste at a joint facility. As President agency will enable Texas to properly dispose cility. I have enclosed an advertisement that of The University of Texas M.D. Anderson of its radioactive waste. The state approval recently ran in the Austin American States- Cancer Center at Houston, I write to tell you process continues to move forward at this man, paid for by donations and community of the great importance of this legislation to time. Public hearings at the state level are funds. The people of Sierra Blanca and M.D. Anderson Cancer Center. scheduled for Spring 96. Hudspeth County voiced their support for a Along with five other health related com- Sincerely, better future and tangible real life advances ponents of The University of Texas System, CHARLES H. WILLIAMS, that will make our communities more liv- M.D. Anderson engages in important re- Chairman, Institutional Review Board. able. The advertisement reflects the wide- search and medical activities which require spread support in our area for this project; the use of radioactive materials. Such mate- THE UNIVERSITY OF TEXAS HEALTH the support runs across the business commu- rials are an essential part of biomedical re- SCIENCE CENTER AT SAN ANTONIO, nity to elected officials. During the recent search into illness like cancer, AIDS, and San Antonio, TX, December 5, 1995. primary elections, this issue was openly de- Alzheimer’s disease. Radioactive matter is Re passage of H.R. 558/low-level radioactive bated in the County Judge, Commissioners used extensively in the development of new waste compact. Court, and County Democratic Chairmanship drugs and is critical to the process of diag- Hon. LAMAR SMITH, races; those who supported the project won, nosing and treating patients. For example, U.S. Representative, District 21, while those who opposed it lost. radioactive tracer elements are used to de- San Antonio, TX. Thank you for your continued support. If tect coronary artery disease and lung and DEAR CONGRESSMAN SMITH: It is my under- you have further questions or if I can help bone scans help locate blood clots or can- standing that the House of Representative you in any other way, please feel free to call. cerous cells. Radiation therapy is also effec- may once again vote on a low-level radio- Sincerely, tive in controlling the spread of many types active waste (LLW) compact among Texas, JAMES A. PEACE. of cancer. Maine, and Vermont. As you evaluate this The low-level radioactive waste generated issue, I thought you might be interested in [From the Austin American-Statesman, July by research and detection and treatment of the importance of such compacts to The Uni- 22, 1998] illnesses must be disposed of in a responsible, versity of Texas Health Science Center at AN OPEN LETTER TO THE PEOPLE OF THE permanent manner. Ratification of the com- San Antonio. STATE OF TEXAS FROM RESIDENTS OF SI- pact between Texas, Maine and Vermont will As you know, UTHSCSA engages in impor- ERRA BLANCA, TEXAS AND HUDSPETH COUN- provide Texas with $25 million, sent by the tant research, medical treatment, and diag- TY other two states, to help defray the costs in- nosis using radioactive materials. These ac- We support the approval of the license for volved with developing a safe facility. This tivities could be curtailed, or even possibly the proposed radioactive waste disposal fa- legislation which will be sponsored by Con- eliminated, if long-term, reliable LLW dis- cility near our town. It offers hope for a bet- gressman Jack Fields and several co-spon- posal is not available. Much, if not all, of our ter future and tangible, real life advances sors from the Texas delegation, finalizes research depends on radioisotopes used as that will make Sierra Blanca and Hudspeth years of negotiations between the states and ‘‘tracers.’’ These isotopes allow researchers County more livable. The overwhelming ma- safeguards Texas against having to accept to identify cells being studied without using jority of residents support this project near out-of-compact waste in the future. dyes or chemicals which would interfere with Again, I urge your support of the Texas our town for the following reasons: the experiment. Virtually all aspects of con- Compact and your consideration to join Con- temporary biomedical research depends on A halt to exporting our children to other gressman Fields as a co-sponsor. Congress the use of these radioisotopes. areas for employment gave the states a mandate to manage their Currently, at UTHSCSA, the following re- A larger job market for all the residents of low-level radioactive waste. With your vote search is underway using low-level radio- Sierra Blanca and Hudspeth County for ratification, Texas can move forward to- active materials: (1) Cancer research on The ripple effect seen from additional busi- ward that goal. causes and treatment of different types of nesses and services to support the facil- Sincerely, cancer; (2) Exploration and mapping of ity CHARLES A. LEHAISTRE, human genomes; (3) Studies on the effects of Improved medical care President. aging; (4) Diabetes in the Hispanic popu- Increased property values lation; (5) Bone loss, density, growth, and A broader tax base TEXAS TECH UNIVERSITY osteoporosis; (6) Genes that suppress tumors; Enhanced infrastructure HEALTH SCIENCES CENTER AT EL PASO, (7) Pathogenicity of various infectious Disposal fees paid to the County El Paso, TX, October 17, 1995. agents; and (8) Studies of Upward mobility and an improved standard KAY BAILEY HUTCHINSON, neuroendocrinology and pineal physiology. of living Russell Senate Bldg. According to figures from the Texas Low- A better perception of our community by Washington, DC. level Radioactive Waste Disposal Authority, ourselves and others DEAR SENATOR HUTCHINSON: Enclosed is a approximately 23% of the LLW sent to the Until the proposed project, the only meth- review of the Radioactive Waste Disposal proposed Texas disposal facility will be gen- od of upward mobility and economic develop- Site that I completed on 18 July 1995. Texas erated by medical research and health facili- ment for the residents of Sierra Blanca was needs this radioactive waste disposal site. ties, including the fifteen academic and a bus ticket out of town. There was little We have 2,217 users of radioisotopes in Texas. health institutions of The University of

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9818 CONGRESSIONAL RECORD — SENATE September 2, 1998 Texas System. The University of Texas Sys- wanted them knocked out. They don’t This is an environmental vote. This tem and the UTHSCSA rely on Congress to want the people to have any kind of is a geologically active area. The support the State’s efforts to provide genera- remedy for discrimination. There is no science says no, but it is the path of tors of LLW a safe, secure, and permanent assurance that the waste will come least political resistance. This commu- LLW disposal facility. Thank you for your further consideration just from Maine, Vermont, and Texas. nity is targeted. We will now vote. If of this issue, which is of great concern to They want this to be a national reposi- you vote for this compact, you vote for this University and its important research tory site. an injustice. Do the right thing and and health care goals. We appreciate your in- That is why we should vote against vote against this compact. terests and support. this compact—the first compact ever Twice you have gone on record, col- Sincerely yours, with a clear site for building a compact leagues, by unanimous vote: yes, for JOHN P. HOWE III, nuclear waste dump. This is an envi- the compact as long as people have a President. ronmental injustice. right to challenge this and have a Mrs. HUTCHISON. Mr. President, the I reserve the remainder of my time. chance to prove discrimination. Yes, Ms. SNOWE. Mr. President, how issue before us today is whether the we vote for the compact if we make it citizens of Texas, Maine, and Vermont much time do I have remaining? The PRESIDING OFFICER. The Sen- clear that this won’t become a national will enjoy the same protections as 41 repository site and the waste can only other States to ensure safe and envi- ator has 2 minutes remaining. Ms. SNOWE. Mr. President, let me come from Maine and Vermont and ronmentally sound disposal of dan- Texas. And both of those amendments, gerous radioactive material. make a final comment. I think we have had very extensive debate. in the dark of night, were stripped by The local support is there. The Gov- the conference committee. ernor has assured us that there will not I believe that the facts have been em- That is why so many religious and be a site selected until all of the sci- phasized and clarified with respect to civil rights organizations have said entific data shows that this is where it this issue. The fact of the matter is, vote against this. LULAC, the League should go, and we are doing exactly this compact adheres to all of the standards that have been applied to of Conservation Voters, the Sierra what Congress directed us to do in cre- previous compacts ratified by the Con- Club, the Catholic diocese, the Meth- ating safe places for this low-level ra- gress, nine such instances as mandated odist Church, so on and so forth. This dioactive waste. by the U.S. Congress. The fact is, 82 is a justice vote. We have to vote on I hope my colleagues will support Senators in this body represent States this, and once and for all it is impor- this, as all of the six Senators who that have compacts, but the Senator tant for us to be on the side of justice have a direct interest in this are doing. and vote no on this compact. Thank you, Mr. President. I thank from Minnesota is saying that some- the Senator from Maine. I yield the how the States of Texas and Vermont Mr. President, how much time do I floor. and Maine should be discriminated have remaining? Mr. WELLSTONE addressed the against, that they should not be al- The PRESIDING OFFICER. The Sen- Chair. lowed to enter into a compact to safely ator has 1 minute remaining. The PRESIDING OFFICER. The Sen- dispose of low-level radioactive waste— Mr. WELLSTONE. Does my colleague ator from Minnesota. waste, yes, that is generated by univer- have any time remaining? Mr. WELLSTONE. Mr. President, sities, by medical centers, by defense The PRESIDING OFFICER. Her time will the Chair notify me when I have 1 facilities, by power plants. has expired. The Senator from Minnesota is say- minute left? Mr. WELLSTONE. I then will yield ing that somehow we should be treated The PRESIDING OFFICER. The Sen- the remainder of my time, and I ask for differently from his own State of Min- ator from Minnesota. the yeas and nays. nesota and all of the other 40 States Mr. WELLSTONE. I thank the Chair. that are included in these compacts. The PRESIDING OFFICER. The yeas Mr. President, I say to my colleagues The State of Texas has procedures, has and nays have been requested. that the site has been selected. The a public process, has a political process Is there a sufficient second? only remaining question is final licens- to determine where the site should be There appears to be a sufficient sec- ing. The site in Hudspeth County, Si- located. The Senator from Minnesota is ond. erra Blanca, is disproportionately His- somehow suggesting that the State of The yeas and nays were ordered. panic and disproportionately poor. Texas does not have the trust and the The PRESIDING OFFICER. The That is what this debate is all about. confidence of the people that it serves question is on agreeing to the con- This is an injustice. If you vote for this to make a judgment in adherence to ference report. The yeas and nays have compact, you will be ratifying this in- their State environmental and public been ordered. The clerk will call the justice. If you vote against this com- and health and safety laws as well as roll. pact, then this will not happen. the Federal Government, all of which, I The legislative clerk called the roll. That is why LULAC, that is why the might add, have to be adhered to, all of Mr. NICKLES. I announce that the League of Conservation Voters, that is which have been outlined in this proc- why the Sierra Club, that is why the Senator from Georgia (Mr. COVERDELL), ess throughout. This has not been the Senator from New Mexico (Mr. religious community, that is why 100 something that somehow has material- different organizations from around DOMENICI), and the Senator from Alas- ized out of thin air, overriding and ka (Mr. MURKOWSKI) are necessarily ab- the country, that is why people came breaching all of the environmental and here, as difficult as it was, all the way sent. safety laws in America. I also announce that the Senator from Hudspeth County to say please The PRESIDING OFFICER. The Sen- don’t do this. from North Carolina (Mr. HELMS) is ab- ator’s time has expired. sent because of illness. We had two amendments that would Ms. SNOWE. So I would urge my col- have made this fair. leagues to adopt this conference report I further announce that, if present Please, colleagues, listen to this. One that allows the States of Texas and and voting, the Senator from North amendment that you voted for said Vermont and Maine to do what 41 other Carolina (Mr. HELMS) would vote that if the people in Hudspeth County States, including the State of Min- ‘‘yea.’’ can prove that this is discriminatory, nesota, have been able to do in the Mr. FORD. I announce that the Sen- they should have a right to do so in past. ator from New Mexico (Mr. BINGAMAN), court. The other amendment says let’s The PRESIDING OFFICER. The Sen- the Senator from Ohio (Mr. GLENN), make it clear that the waste can only ator from Minnesota. and the Senator from Hawaii (Mr. come from Maine, Vermont, and Texas. Mr. WELLSTONE. Colleagues, you INOUYE) are necessarily absent. Twice the Senate went on record with have never voted for a compact with a The PRESIDING OFFICER. Are there unanimous votes supporting both those specific site for building a compact any other Senators in the Chamber amendments, and in the conference dump, not with a site in Sierra Blanca, who desire to vote? committee those amendments were not with a site disproportionately His- The result was announced—yeas 78, knocked out. The utility industry panic and poor. nays 15, as follows:

VerDate Mar 15 2010 00:30 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\1998SENATE\S02SE8.REC S02SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 2, 1998 CONGRESSIONAL RECORD — SENATE S9819 [Rollcall Vote No. 255 Leg.] bers worked their will. They did a good able to come to closure on it. But now YEAS—78 job in dealing with all of the controver- is the time. The House has acted. So Abraham Faircloth Lott sial aspects of campaign reform this must we. Allard Feinstein Lugar year. They recognize, as many of us So far this cycle Republicans and Ashcroft Ford Mack recognize, that we are not going to Democrats have spent $37 million more Baucus Frist McCain Bennett Gorton McConnell solve the problem with one piece of leg- than the last cycle—$37 million. Cam- Biden Graham Mikulski islation. But they made a major con- paigns continue to escalate in cost and Bond Gramm Moynihan tribution to solving the problems we degrade in quality. More and more, Breaux Grams Murray Brownback Grassley Nickles face with regard to soft money and there is a rush for dollars. More and Bumpers Gregg Robb independent expenditures and report- more questions are asked about how Burns Hagel Roberts ing and enforcement. money is raised. More and more, the Byrd Hatch Rockefeller Whether or not we move this issue people are turned off and tuned out by Campbell Hollings Roth Chafee Hutchinson Santorum forward will be determined by whether a political process that has gone awry. Cleland Hutchison Sarbanes or not we are willing to act in the They ask that we react. They ask that Coats Inhofe Sessions course of the next 6 weeks. Time is we show some leadership. They ask Cochran Jeffords Shelby Collins Johnson Smith (NH) running out. I applaud Senators that we take some steps to correct this Conrad Kempthorne Smith (OR) MCCAIN and FEINGOLD for their news situation before it gets even worse. The Craig Kerrey Snowe conference this week wherein they said House heard; and the House reacted. D’Amato Kohl Specter they will press for this legislation, The Senate now must do the same. Daschle Kyl Stevens DeWine Landrieu Thomas they will offer their bill as an amend- There is no better time to do it than Dodd Leahy Thompson ment to another bill at some point in now. We all are cognizant of the fact Dorgan Levin Thurmond the future. that there are only 60 days left before Enzi Lieberman Warner Mr. President, whether it is the the next election. Within those 60 days, NAYS—15 McCain-Feingold bill or the Shays- there will be even more money raised, Akaka Harkin Reed Meehan bill, this Senate must not lose tens of millions of dollars raised, Boxer Kennedy Reid the opportunity to complete its work across this country. As we speak, I Bryan Kerry Torricelli Durbin Lautenberg Wellstone on campaign finance reform this year. guarantee you, there are Senators and Feingold Moseley-Braun Wyden We must have the opportunity to ad- House Members and candidates in NOT VOTING—7 dress the issue. We must take up that small rooms everywhere dialing for legislation. dollars—incessant dollar dialing that Bingaman Glenn Murkowski Coverdell Helms I will be propounding a unanimous has reached an unprecedented thresh- Domenici Inouye consent request at some point this old. And the implications of all that The conference report was agreed to. morning—in just a few moments—to money become more serious, the impli- Mr. MCCONNELL. addressed the ask that campaign finance reform be cations for the legislative process, the Chair. the next order of business, to ask, implications for campaigns themselves, The PRESIDING OFFICER. The Sen- again as we did yesterday, that it be the implications for the democracy ator from Kentucky. laid aside for other important appro- that we all treasure. Mr. MCCONNELL. Mr. President, I priations bills simply because we rec- Mr. President, there has to be an end ask unanimous consent that the mo- ognize the urgency of passing appro- at some point. We have to curtail this tion to reconsider the last vote be laid priations legislation on time. We are incessant effort to raise more and more upon the table. way past due. We have not passed a money at the cost of the credibility of The PRESIDING OFFICER. Without budget. We have not passed any of the the American people as they view our objection, it is so ordered. appropriations bills. Not one has been campaigns in 1998. Mr. DASCHLE addressed the Chair. signed into law. Not all of us are on the floor right The PRESIDING OFFICER. The mi- Mr. President, to the extent we can now, but if we were, I say with una- nority leader. do all that we can to resolve the re- nimity our Democratic caucus wishes f maining procedural and other related to express the hope that we can pass problems on appropriations, we must the Shays-Meehan bill this week, next UNANIMOUS-CONSENT REQUEST— do so. But there is no question that, as week, or certainly at some point before H.R. 2183 we look to what must be completed we leave. If we pass the Shays-Meehan Mr. DASCHLE. Mr. President, I prior to the end of this year, the two bill as it passed in the House, which I think that we want to finish this for- issues that have to be addressed are the am prepared to do, I will accept it. I eign operations appropriations legisla- campaign finance reform bill and the will take the language that was passed tion, and I hope that we can do it. I Patients’ Bill of Rights that we dis- in the House and I will send it off to hope we can do it sometime soon. I cussed yesterday. the President. He has already indicated note there are a number of amend- We come to the floor this morning he will sign it. We don’t have to go to ments that are left to be considered on simply to focus attention on the need conference. There is nothing we have this important piece of legislation. I for expeditious consideration of this to do that would complicate our ac- commend our ranking member and the legislation, on how critical it is that tions once it passes in the Senate. chairman for their efforts in resolving we, as Republicans and Democrats, So let’s do it. Let’s agree, as Repub- this important piece of legislation in a agree, as did Members in the House, to licans and Democrats, that it is impor- timely way. There are a number of make it the kind of priority it deserves tant to do it now. The time is running other amendments that must be con- to be, to address the array of problems out. I urge my colleagues—urge my sidered before we can come to closure. that we have. colleagues—to agree. The question then comes as to what I cannot think of a more diverse phil- Mr. President, I ask unanimous con- we take up next. Yesterday, we dis- osophical body than the House today. sent that upon the disposition of the cussed on the Senate floor how impor- We have the far left and we have the foreign operations appropriations bill, tant it is that one of the bills that we far right. We have the extremes on the Senate proceed to the consider- take up next be the Patients’ Bill of both sides. With all of the extreme po- ation of H.R. 2183, the House-passed Rights, managed care reform. The sitions that Members are capable of campaign finance reform bill, that only other piece of legislation, Mr. Presi- taking, they came together and passed relevant amendments be in order, that dent, that ought to be taken up imme- the Shays-Meehan bill just before we it be the regular order, but that the diately is legislation that was already left. majority leader may lay the bill aside passed in the House, the Shays-Meehan Mr. President, now it is our turn. for any appropriations bills and appro- bill, H.R. 2183, the campaign finance re- Now we have an opportunity to do the priations conference reports. form bill. same thing. Now we can pass the legis- Mr. MCCONNELL. I object. Mr. President, the House deliberated lation here. We had a debate earlier. The PRESIDING OFFICER (Mr. on that bill for some time. House Mem- We were disappointed that we were not SANTORUM). The objection is heard.

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