3060 EXTENSIONS OF REMARKS February 21, 1985 EXTENSIONS OF REMARKS COMPREHENSIVE OIL POLLU the form of H.R. 85. I used the same I then called this legislation to the TION LIABILITY AND COMPEN number to remind my colleagues of personal attention of a number of my SATION the promise made to move on oil pollu Senate colleagues, highlighting the tion legislation right after hazardous need to compensate those who are vic HON. MARIO BIAGGI substances pollution legislation was in timized by oilspills and to provide suf OF NEW YORK place. Hon. GERRY STUnns, new chair ficient funding for the cost of oil re man of the Subcommittee on Coast IN THE HOUSE OF REPRESENTATIVES moval. I indicated that a number of Guard and Navigation, moved rapidly compromises had been worked out and Thursday, February 21, 1985 and effectively and, by May 1981, was that I felt the legislation was accepta e Mr. BIAGGI. Mr. Speaker, the able to get this legislation reported to ble to all parties. I noted that further Committee on Merchant Marine and the House. However, due to pressing delay would mean continued inad Fisheries has for more than 10 years problems within other committees equate compensation for losses due to been directly involved in the develop having joint jurisdiction, this legisla oil pollution and the continuing patch ment of legislation to provide a com tion was not acted upon. work of conflicting State and Federal prehensive, equitable, and effective Undaunted, during the early days of laws. A number of additional changes means of establishing liability and pro the 98th Congress, I once again intro were proposed to the oil pollution viding compensation for cleanup costs duced a comprehensive oil pollution li title; but, in the waning days of the and injuries resulting from oilspills. As ability and compensation bill on 98th Congress, H.R. 5640 failed to be a matter of fact, the committee has March 6, 1983. H.R. 2115 was identical enacted-primarily due to problems in been involved with oil pollution liabil to H.R. 85 of the prior Congress. Hon. volving hazardous substances liability ity and compensation issues since prior GERRY STUDDS introduced H.R. 2222, and compensation. to the catastrophic grounding and which was similar to my bill but which Mr. Speaker, I have briefly discussed breakup of the crude oil tanker Torrey restricted coverage to vessels and pro the history of oil pollution liability Canyon off the coast of Great Britain vided for the eventual adoption of an and compensation so that Members in 1967. international treaty. Hon. DON YOUNG can readily see that the issue has been I have been personally involved with introduced H.R. 2368, which was also long and carefully considered. I still these issues since I was first elected to similar to my bill, except that it pro feel that oil pollution legislation and Congress in 1969. During the 95th vided for administration of the oil pol hazardous substances legislation Congress, as chairman of the Subcom lution fund by a nonprofit corpora should be handled separately-and mittee on Coast Guard and Naviga tion. this is evidenced by what happened, tion, I was able to see to the passage of These bills served as the focus of once again, during the last Congress. oil pollution liability and compensa consideration by the Committee on Therefore, together with a number of tion legislation-in the form of H.R. Merchant Marine and Fisheries and my colleagues, I am cosponsoring oil 6803-by the House by a recorded vote led to a compromise in the form of pollution liability and compensation of 332 to 59. H.R. 3278, which was reported to the legislation-hopefully, for the last During the 96th Congress, in Sep House on August 2, 1983 CRept. 98-340 time. This is a major piece of unfin pt. 1). We then urged the House Com tember 1980, I again brought a similar mittee on Public Works and Transpor ished business from prior Congresses bill to the House floor. H.R. 85 was tation to act favorably on H.R. 3278 that continues to have considerable bi passed by a recorded vote of 288 to 11. and cited the voluminous record of partisan support. It failed of enactment due to two hearings and prior legislative action For many years, this type of legisla other areas of environmental concern: that we felt fully supported the need tion has had strong administration Spills of hazardous substances and for immediate action. support. About 4 years ago, however, abandoned hazardous waste dump The bill was generally acceptable to the administration reversed its posi sites. I don't think I need to remind the industry, the administration, envi tion and opposed the legislation due anyone of the Love Canal issues and ronmental groups, and public interest to, I believe, a misunderstanding of problems that were generated and groups. As a matter of fact, prior ad the effects of funding and operation of that are still being generated. At that ministration opposition to a bill of this the oil pollution fund. Fortunately, time, I felt oil pollution should be han type was reversed on April 30, 1984, by the administration reversed its posi dled separately; however, they were a letter from the Secretary of Trans tion in 1984 and is again in strong sup joined into one bill. portation to the Committee on Public port of this legislation. The Senate took the most important Works and Transportation. This sig The administration continues to be hazardous substances spill provisions nificant new development clearly dem concerned with the oil pollution from the House-amended H.R. 85- onstrated that a bill acceptable both threat and has also been active in at containing both oil and hazardous sub to the administration and the Con tempting to improve international oil stances-and combined them with the gress was possible. pollution liability and compensation hazardous waste dumpsite provisions On August 8, 1984, Hon. JOHN schemes. In 1984, this concern culmi of H.R. 7020. In a spirit of compromise BREAUX-a member of both the Com nated in a diplomatic conference that and in the national interest, I agreed mittee on Merchant Marine and Fish amended existing treaties so as to be to support the revised version of H.R. eries and the Committee on Public more compatible with U.S. interests. 7020, which did not contain my oilspill Works and Transportation-moved the This will be a significant contribution provisions. During the waning days of provisions of H.R. 3278 into an amend to arriving at solutions that are inter the 96th Congress, H.R. 7020 was ment to title V of H.R. 5640-a bill to nationally as well as domestically ac adopted by the Congress and signed amend the Comprehensive Environ ceptable. This bill will also be the ve into law on December 11, 1980, as mental Response, Compensation, and hicle for solving these international oil Public Law 96-510. Liability Act of 1980. On August 10, pollution problems. During the 97th Congress, I again 1984, the oil pollution amendment was Public concern over the need for this introduced a comprehensive oil pollu adopted, and the House passed H.R. type of legislation was generated when tion liability and compensation bill in 5640 by a recorded vote of 322 to 33. the tank vessel Torrey Canyon ground-
e This "bullet" symbol identifies statements or insenions which are not spoken by the Member on the floor. February 21, 1985 EXTENSIONS OF REMARKS 3061 ed off the southwest coast of England part of spillers for the cost of cleanup. Minimize the bureaucracy. in 1967, spilling approximately 100,000 These acts, however, do not address I reiterate my prior conviction that tons of crude oil that fouled the themselves to the question of damages this bill is practicable in application shores of the British Isles and the other than for the cost of cleanup. and fully considers the needs of those coast of France. Public concern was Three other Federal statutes have who are victimized by oil pollution. I again highlighted in 1969 when a pro been enacted which do address the firmly believe that we must act now in duction platform off Santa Barbara, problems of liability for damages. In the public interest to provide a com CA, suffered a blowout that dis the 1973 Trans-Alaska Pipeline Au prehensive oil pollution liability and charged untold amounts of oil before thorization Act, the Congress-for the compensation scheme. I, therefore, it could be brought under control. first time-addressed the issue of li urge the strong support of all Mem Since then, numerous other casual ability for oil pollution damage from bers in cosponsoring this important ties have highlighted the oil pollution vessels other than cleanup costs. A legislation.• problem and the need for a national similar scheme of liability and com and comprehensive oilspill liability pensation was also established in the and compensation scheme-a most Deepwater Port Act of 1974 for oil pol STOP THE RED INK noteworthy one being the grounding lution damage from offshore facilities of the tank vessel Argo Merchant off constructed pursuant to the act or Nantucket in 1976. One particular cas from vessels at those facilities. The HON. BILL LOWERY ualty-the grounding of the very large Outer Continental Shelf Lands Act OF CALIFORNIA crude carrier Amoco Cadiz-of 228,513 Amendments of 1978 established a IN THE HOUSE OF REPRESENTATIVES tons-off the coast of France on similar liability and compensation March 16, 1978-is a more recent and scheme for oil pollution damage relat Thursday, February 21, 1985 memorable reminder of the need to es ed to OCS activities. e Mr. LOWERY of California. Mr. tablish such a system. The concepts of this legislation have Speaker, perhaps no single issue has A significant casualty that affected had broad support from the users of captured the attention of the Congress our coastal environment and economic oil, from the oil industry itself, from and the President more than the ever well-being was the blowout of Ixtoc I the insurance industry-which does growing Federal budget deficits. How in the bay of Campeche, Mexico on the underwriting-and from many en ever, it has never been more clear that June 3, 1979. The impact of this spill vironmental groups. The bill I am co the American people do not believe and the resulting oil pollution of the sponsoring should continue to receive raising taxes will stem the flow of red Texas coastal environment and the overwhelming bipartisan support. The ink. Rather, every possible attempt waters of the Gulf of Mexico were ex bill: must be made to reduce Government tensive. The litigation arising out of Establishes strict liability for the spending. this incident has been extensive and owners and operators of the source of I would like to commend to my col protracted. Had the proposed legisla oil discharges; leagues the remarks of Mr. George tion been in place, the alternative Provides for a simple and practical Marotta, as reprinted in the Houston would have been a fair, adequate and system for the compensation of a Post on November 5, 1984. Mr. Mar prompt compensation to those who broad range of oil pollution damage; otta is a senior research fellow at the were victimized. Therefore, it contin Imposes reasonable and insurable Hoover Institution on War, Revolution ues to be necessary to provide for ade limits of liability on the owner or oper and Peace at . Stanford University. He quate compensation to those who ator of the vessel, thereby insuring speaks with a great deal of expertise suffer damage from the effects of oil frontline responsibility for responding when it comes to the workings of the pollution incidents. While existing oil to an oil pollution incident; Federal bureaucracy-he has served in pollution legislation permits compen Creates a backup compensation fund the Federal Government in eight sation for cleanup and removal costs, to respond to damage claims that are agencies under seven Presidents from there is no legislation that adequately not satisfied; Franklin D. Roosevelt to Gerald R. and timely compensates those who Guarantees that those who have Ford. have been victimized. been harmed by oil pollution will be I hope that the recommendations Prevention of oilspills is still the quickly and fairly compensated for outlined below will be carefully consid most effective means of protecting our their economic loss; ered during the upcoming budget de coastal and estuarine environment Encourages prompt and complete liberations. from damage. The Port and Tanker cleanup of oilspills; [The article f ollows:l Safety Act of 1978-which I was privi Provides for the establishment of an leged to sponsor and pursue during oil pollution fund supported by a tax [From the Houston Post, Nov. 5, 19841 the 95th Congress-has been effective on crude oil and petroleum products; TuRNING OFF THE SPIGOT ON U.S. RED INK in this area. However, we cannot pre Provides for superseding duplicative THE DEFICIT MUST BE DEALT WITH, AND IT'S clude the possibility of oilspills occur funds and procedures that now exist GOING TO HURT WHEN WE DO IT ring due to mechanical failures and in various Federal and State statutes;
51-059 0 -86--7 1Pt. 3! 3068 EXTENSIONS OF REMARKS February 21, 1985 Clara conceived of the idea of a county sion and for her tireless search for Unfortunately, the law is not clear public defenders office. She drafted equity under the law for all.e and for some taxpayers, the expenses the "Foltz defender bill." In 1921, may be in large part picked up by after years of legislative struggles, the Uncle Sam and the rest of the Na NO TAX DEDUCTIONS FOR TAX tion's taxpayers. bill was enacted into law in California. EVASION In 1964 the board of supervisors of My legislation would nail down the Santa Clara County adopted an ordi issue once and for all. nance establishing a public defenders HON. FORTNEY H. (PETE) ST ARK The effective date of the bill is office to provide legal assistance to in OF CALIFORNIA today. It is designed to make nonde digents in criminal, juvenile and IN THE HOUSE OF REPRESENTATIVES ductible the type of May seminars ad Thursday, February 21, 1985 vertised by one group and which I par mental health cases. Judge R. Donald tially reprint here. People can still Chapman was the first public defend •Mr. STARK. Mr. Speaker, I am attend these meetings; they would not, er. Since 1964 the Office of the Public today introducing a bill which would however, be able to deduct the ex Defender of Santa Clara County has clearly and once and for all deny all penses. provided competent legal service to tax deductions for expenses of attend over 375,000 persons. Illustrating the ENJOY 6 TAX-DEDUCTIBLE DAYS IN NASSAU OR ing overseas seminars or conventions ACAPULCO OR ZURICH-AND DISCOVER How respect for the quality of its person which include discussions on how to To MAKE YouR AssETs As SAFE AS GoLD nel, the last three Governors of our avoid U.S. taxes. Your choice of three delightful locations State have appointed 11 members or Tax evasion is bad enough, but for to bring yourself up to date on the NEW im former members of the public defend the organizers of these seminars to be portance of . . . the Swiss bank and the ers office to the trial and appellate ju advertising them as being 100 percent Swiss survival investments. diciary. tax deductible just rubs salt in the YOUR CHOICE OF THREE DELIGHTFUL LOCATIONS On April 27, the friends of the wounds of the rest of the Nation's And what a choice! Na.ssau in the sunny public defenders office will gather in honest taxpayers. Bahamas-just when the cold weather is San Jose to celebrate 20 years of serv For many individuals, all or part of settling in up north. Acapulco, Mexico's ice to our people. We will be honoring such convention expenses may not be most beautiful vacation spot-and pleasant deductible and advertisements blithely ly warm in mid-December. Or Zurich in May Sheldon Portman and his many years of 1985-spring in the Swiss Alps! If you of outstanding service to the public de saying they are 100 percent deductible join us in Zurich, you may also wish to come f enders office. We will all remember are wrong and may well constitute along for the optional trips to Vienna and and thank Clara Shortridge Foltz for mail fraud or other types of false ad Budapest, two of Europe's loveliest ancient opening the doors of the legal profes- vertising. capitals.
SEMINAR DATES AND FEES
Arrive Depart Person couple Place seminar Fee
Nassau, the Bahamas ...... Nov. 30, 1984 ...... •...... ·-······· Dec. 6, 1984 ...... $300/ $575 1 $300/$575 ~~~wiMtz~:iid :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: : :::::::::::::::::::::::::: : :: ::: ~ ls. ~::s- ::::: :: :::::::::::::::::: :: :::::::::::::::::: : :::::: : ::::::::::: : ::::::::::::: : =~u~rs :::::::::::::: :: ::::::::: : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: $495/$900 1 $250/$450 ~'i:~~u ~~~g1~ =~~~wf1~1u r ~'t~ lria;f::: :::::::::::: ::::: :::: :: ::::::::::::::::::::::::::::::::::::: ::~ ~~ : Im:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: =: ~~: Im:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: $150/$275
THE TAX DEDUCTION CAN CUT YOUR COST IN Saturday will be given over to private important to register as soon as possible. HALF meetings with the Austrian experts
51-059 0-86- 8