S14346 CONGRESSIONAL RECORD — SENATE September 27, 1995 Mr. DOLE. Mr. President, I do under- posals without any public hearing, EPA funding, that there be 1 hour di- stand that the Democratic leader has without having experts come in. We vided in the usual manner and in the consented to six other committees to have not done that at all. We should usual form, that at the conclusion of meet during today’s session of the Sen- not be doing that. Mr. President, this that 1 hour the amendment be set ate. is supposed to be a deliberative body aside, and that the Senator from Wis- I have six unanimous-consent re- and it is supposed to be a representa- consin, Senator FEINGOLD, be recog- quests for committees to meet during tive democracy. We are supposed to be nized to introduce an amendment on today’s session of the Senate. They all careful about the impact of what we do insurance redlining, that there be 45 have the approval of the Democratic on the lives of people we represent. I minutes divided in the usual form and leader. would just say that I am very proud to under the usual procedures, and at the I ask unanimous consent that these be a part of this objection because end of that debate that a vote occur on requests be agreed to en bloc, and that somebody, somewhere, sometime has or in relation to the Lautenberg each request be printed in the RECORD. to say to people in the country that amendment and that no second-degree The PRESIDING OFFICER. Is there these changes are getting ramrodded amendments be permitted, and that objection to that request? through the Senate. That is what is the following amendment, the vote on Mr. DOLE. That does not include Fi- going on here. The proposal came out the Feingold amendment, be 10 min- nance. yesterday, I say to my colleague from utes in length and no second-degree The PRESIDING OFFICER. Without Maryland. amendments be permitted, but that the objection, it is so ordered. I will tell you, as you look at these vote occur on or in relation to the (The text of the requests is printed in specific proposals, I can tell you as a Feingold amendment. today’s RECORD under ‘‘Authority for Senator from Minnesota that I know The PRESIDING OFFICER. Is there Committees to Meet.’’) there is going to be a lot of pain in my objection? Mr. DOLE. I thank my colleagues Mr. FEINGOLD. Reserving the right and the managers. State. I believe, Mr. President, that the Finance Committee needs to have the to object. Mr. LAUTENBERG addressed the The PRESIDING OFFICER. There is public hearing and I believe that Sen- Chair. no reserving the right to object. The PRESIDING OFFICER. The Sen- ators need to be back in their States Mr. FEINGOLD. Mr. President, I ob- ator from New Jersey [Mr. LAUTEN- now that we have specific proposals, ject. BERG]. and we need to be talking to the people I simply want to clarify a point with Mr. WELLSTONE. I wonder if my who are affected by this. the manager. colleague will yield for a moment? Let us not be afraid of the people we Ms. MIKULSKI addressed the Chair. Since I was a part of this objection represent. Let us let the people in the The PRESIDING OFFICER. There with the minority leader, I wanted to country take a look at what we are was objection. Has the Senator ob- take 2 minutes, if that would be all doing. What this effort is, is an effort jected? right. to say ‘‘no’’ to this rush to reckless- Mr. FEINGOLD. I simply wanted to Mr. LAUTENBERG. Yes. ness, ‘‘no’’ to this fast track to foolish- ask clarification with regard to the Mr. WELLSTONE. Mr. President, the ness. The committee ought to have a unanimous-consent request. I was only minority leader and I have issued an public hearing. I think it is unaccept- attempting to make sure that I can objection to the Finance Committee able. make that clarification before the meeting. The reason for that, Mr. Mr. BOND. Mr. President, I object. unanimous-consent agreement is en- President, is that I just think that Mr. WELLSTONE. Do I have the tered into. what is going on right now here is a floor? I ask unanimous consent to ask a rush to foolishness. Mr. BOND. The Senator from New question of the manager with regard to Mr. President, in my State of Min- Jersey—— this request. nesota, we just found out a few days The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without ago that as opposed to $2.5 billion in ator from New Jersey has the floor. objection, it is so ordered. Medicaid cuts, we were going to be see- Mr. WELLSTONE. I will say to my Mr. FEINGOLD. I thank the Chair. ing $3.5 billion in Medicaid cuts. It was colleague from New Jersey, may I have Under our time agreement, our time is just yesterday that we finally got the 1 more minute? 45 minutes. My understanding is we specifics of what is going to happen in The PRESIDING OFFICER. The Sen- would have 30 minutes on our side. Is Medicare. And I just will tell you, Mr. ator from Minnesota no longer has the that inconsistent with the Senator’s President, that I am pleased to be a floor. The Senator only yielded for a understanding? part of this with the minority leader question. Mr. BOND. I ask there be an hour because when I was home in Minnesota, The Senator from New Jersey. equally divided. I found that it is not that people are Mr. LAUTENBERG. I thought the Mr. FEINGOLD. That will be fine. I opposed to change, but people have this time the Senator asked for would be thank the manager. The PRESIDING OFFICER. Is there sense that there is this fast track to considerably shorter, and I ask that we objection to the request as so modified? recklessness here, that we are not care- have a chance to move. Without objection, it is so ordered. fully evaluating what the impact is Mr. WELLSTONE. May I have 30 sec- Mr. LAUTENBERG addressed the going to be on people. onds? Chair. What people in Minnesota are saying Mr. BOND. Mr. President, I object. The PRESIDING OFFICER. The Sen- is, what is the rush? You all do the Mr. WELLSTONE. Enough has been ator from New Jersey. work you are supposed to do. How can said. People have heard it. PRIVILEGE OF THE FLOOR a Finance Committee today go ahead f Mr. LAUTENBERG. Mr. President, without any public hearings on these DEPARTMENT OF VETERANS AF- first, I ask unanimous consent that a filed proposals, pass it out of the Fi- FAIRS AND HOUSING AND URBAN detailee in my office, Lisa Haage, be nance Committee, and then put it into DEVELOPMENT, AND INDE- granted the privilege of the floor. a reconciliation process where we have PENDENT AGENCIES APPROPRIA- The PRESIDING OFFICER. Without limited debate? objection, it is so ordered. Mr. President, it seems to me that TIONS ACT, 1996 AMENDMENT NO. 2788 there is no more precious commodity The Senate continued with the con- (Purpose: To increase funding for Superfund, than health care and the health care of sideration of the bill. the Office of Environmental Quality, and the people we represent. This objec- Mr. BOND. Mr. President, it is impor- State revolving funds and offset the in- tion, with the minority leader, is an tant that we move forward on this bill. crease in funds by ensuring that any tax objection to a process. And this process We have reached an agreement I be- cut benefits only those families with in- right now I think is really way off lieve on both sides. comes less than $100,000) course. I ask unanimous consent that the Mr. LAUTENBERG. Mr. President, We have no business—the Finance Senator from New Jersey be recognized on behalf of myself, Senators MIKUL- Committee should not pass out pro- to introduce an amendment on the SKI, DASCHLE, BAUCUS, KERRY, BIDEN,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14347 MURRAY, SARBANES, PELL, and KEN- OIL SPILL RESPONSE (2) REPEAL.—Paragraph (1) is repealed ef- NEDY, I send an amendment to the (INCLUDING TRANSFER OF FUNDS) fective as of the date that is 1 year after the desk. For expenses necessary to carry out the date of enactment of this Act. The PRESIDING OFFICER. The Environmental Protection Agency’s respon- (b) PLAN APPROVAL.— clerk will report. sibilities under the Oil Pollution Act of 1990, (1) IN GENERAL.—The Administrator of the The bill clerk read as follows: $15,000,000, to be derived from the Oil Spill Environmental Protection Agency (referred Liability trust fund, and to remain available to in this subsection as the ‘‘Adminis- The Senator from New Jersey [Mr. LAU- until expended: Provided, That not more than trator’’) shall not disapprove a State imple- TENBERG], for himself, Ms. MIKULSKI, Mr. $8,000,000 of these funds shall be available for mentation plan revision under section 182 of DASCHLE, Mr. BAUCUS, Mr. KERRY, Mr. BIDEN, administrative expenses. the Clean Air Act (42 U.S.C. 7511a) on the Mrs. MURRAY, Mr. SARBANES, Mr. PELL, and PROGRAM AND INFRASTRUCTURE ASSISTANCE basis of a regulation providing for a 50-per- Mr. KENNEDY, proposes an amendment num- cent discount for alternative test-and-repair bered 2788. For environmental programs and infra- inspection and maintenance programs. Mr. LAUTENBERG. Mr. President, I structure assistance, including capitaliza- tion grants for state revolving funds and per- (2) CREDIT.—If a State provides data for a ask unanimous consent that the read- formance partnership grants, $2,668,000,000, proposed inspection and maintenance system ing of the amendment be dispensed to remain available until expended, of which for which credits are appropriate under sec- with. $1,828,000,000 shall be for making capitaliza- tion 182 of the Clean Air Act (42 U.S.C. 7511a), The PRESIDING OFFICER. Without tion grants for State revolving funds to sup- the Administrator shall allow the full objection, it is so ordered. port water infrastructure financing; amount of credit for the system that is ap- The amendment is as follows: $100,000,000 for architectural, engineering, de- propriate without regard to any regulation that implements that section by requiring On page 141, line 4, strike beginning with sign, construction and related activities in centralized emissions testing. ‘‘$1,003,400,000’’ through page 152, line 9, and connection with the construction of high pri- (3) DEADLINE.—The Administrator shall insert the following: ‘‘$1,435,000,000 to remain ority water and wastewater facilities in the complete and present a technical assessment available until expended, consisting of area of the United States-Mexico Border, of data for a proposed inspection and mainte- $1,185,000,000 as authorized by section 517(a) after consultation with the appropriate bor- nance system submitted by a State not later of the Superfund Amendments and Reauthor- der commission; $50,000,000 for grants to the than 45 days after the date of submission. ization Act of 1986 (SARA), as amended by State of Texas, which shall be matched by an equal amount of State funds from State re- Public Law 101–508, and $250,000,000 as a pay- SEC. 302. None of the funds made available sources, for the purpose of improving waste- ment from general revenues to the Haz- in this Act may be used by the Environ- water treatment for colonias; and $15,000,000 ardous Substance Superfund as authorized mental Protection Agency to impose or en- for grants to the State of Alaska, subject to by section 517(b) of SARA, as amended by force any requirement that a State imple- an appropriate cost share as determined by Public Law 101–508: Provided, That funds ap- ment trip reduction measures to reduce ve- the Administrator, to address wastewater in- propriated under this heading may be allo- hicular emissions. Section 304 of the Clean frastructure needs of Alaska Native villages: cated to other Federal agencies in accord- Air Act (42 U.S.C. 7604) shall not apply with Provided, That beginning in fiscal year 1996 ance with section 111(a) of CERCLA: Provided respect to any such requirement during the and each fiscal year thereafter, and notwith- That $11,700,000 of the funds appro- period beginning on the date of the enact- further, standing any other provision of law, the Ad- priated under this heading shall be trans- ment of this Act and ending September 30, ministrator is authorized to make grants an- 1996. ferred to the Office of Inspector General ap- nually from funds appropriated under this SEC. 303. None of the funds provided in this propriation to remain available until Sep- heading, subject to such terms and condi- Act may be used within the Environmental tember 30, 1996: Provided further, That not- tions as the Administrator shall establish, to Protection Agency for any final action by withstanding section 111(m) of CERCLA or any State or federally recognized Indian the Administrator or her delegate for signing any other provision of law, not to exceed tribe for multimedia or single media pollu- and publishing for promulgation a rule con- $64,000,000 of the funds appropriated under tion prevention, control and abatement and cerning any new standard for arsenic, sul- this heading shall be available to the Agency related environmental activities at the re- fates, radon, ground water disinfection, or for Toxic Substances and Disease Registry to quest of the Governor or other appropriate the contaminants in phase IV B in drinking carry out activities described in sections State official or the tribe: Provided further, 104(i), 111(c)(4), and 111(c)(14) of CERCLA and That from funds appropriated under this water, unless the Safe Drinking Water Act of section 118(f) of the Superfund Amendments heading, the Administrator may make 1986 has been reauthorized. and Reauthorization Act of 1986: Provided grants to federally recognized Indian govern- SEC. 304. None of the funds provided in this further, That none of the funds appropriated ments for the development of multimedia en- Act may be used during fiscal year 1996 to under this heading shall be available for the vironmental programs: Provided further, That sign, promulgate, implement or enforce the Agency for Toxic Substances and Disease of the $1,828,000,000 for capitalization grants requirement proposed as ‘‘Regulation of Registry to issue in excess of 40 toxicological for State revolving funds to support water Fuels and Fuel Additives: Individual Foreign profiles pursuant to section 104(i) of CERCLA infrastructure financing, $500,000,000 shall be Refinery Baseline Requirements for Refor- during fiscal year 1996: Provided further, That for drinking water State revolving funds, but mulated Gasoline’’ at volume 59 of the Fed- none of the funds made available under this if no drinking water State revolving fund eral Register at pages 22800 through 22814. heading may be used by the Environmental legislation is enacted by December 31, 1995, SEC. 305. None of the funds appropriated to Protection Agency to propose for listing or these funds shall immediately be available the Environmental Protection Agency for to list any additional facilities on the Na- for making capitalization grants under title fiscal year 1996 may be used to implement tional Priorities List established by section VI of the Federal Water Pollution Control section 404(c) of the Federal Water Pollution 105 of the Comprehensive Environmental Re- Act, as amended: Provided further, That of Control Act, as amended. No pending action sponse, Compensation and Liability Act the funds made available under this heading by the Environmental Protection Agency to (CERCLA), as amended (42 U.S.C. 9605), un- in Public Law 103–327 and in Public Law 103– implement section 404(c) with respect to an less the Administrator receives a written re- 124 for capitalization grants for State revolv- individual permit shall remain in effect after quest to propose for listing or to list a facil- ing funds to support water infrastructure fi- the date of enactment of this Act. ity from the Governor of the State in which nancing, $225,000,000 shall be made available SEC. 306. Notwithstanding any other provi- the facility is located, or appropriate tribal for capitalization grants for State revolving sion of law, for this fiscal year and hereafter, leader, or unless legislation to reauthorize funds under title VI of the Federal Water an industrial discharger to the Kalamazoo CERCLA is enacted. Pollution Control Act, as amended, if no Water Reclamation Plant, an advanced LEAKING UNDERGROUND STORAGE TANK TRUST drinking water State revolving fund legisla- wastewater treatment plant with activated FUND tion is enacted by December 31, 1995. carbon, may be exempted from categorical (INCLUDING TRANSFER OF FUNDS) ADMINISTRATIVE PROVISIONS pretreatment standards under section 307(b) For necessary expenses to carry out leak- SEC. 301. MORATORIUM ON CERTAIN EMISSIONS of the Federal Water Pollution Control Act, ing underground storage tank cleanup activi- TESTING REQUIREMENTS. as amended, if the following conditions are ties authorized by section 205 of the Super- (a) MORATORIUM.— met: (1) the Kalamazoo Water Reclamation fund Amendments and Reauthorization Act (1) IN GENERAL.—The Administrator of the Plant applies to the State of Michigan for an of 1986, and for construction, alteration, re- Environmental Protection Agency (referred exemption for such industrial discharger and pair, rehabilitation, and renovation of facili- to in this subsection as the ‘‘Adminis- (2) the State or the Administrator, as appli- ties, not to exceed $75,000 per project, trator’’) shall not require adoption or imple- cable, approves such exemption request $45,827,000, to remain available until ex- mentation by a State of a test-only or I/M240 based upon a determination that the Kala- pended: Provided, That no more than enhanced vehicle inspection and mainte- mazoo Water Reclamation Plant will provide $8,000,000 shall be available for administra- nance program as a means of compliance treatment consistent with or better than tive expenses: Provided further, That $600,000 with section 182 of the Clean Air Act (42 treatment requirements set forth by the shall be transferred to the Office of Inspector U.S.C. 7511a), but the Administrator may ap- EPA, and there exists an operative financial General appropriation to remain available prove such a program if a State chooses to contract between the City of Kalamazoo and until September 30, 1996. adopt the program as a means of compliance. the industrial user and an approved local

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14348 CONGRESSIONAL RECORD — SENATE September 27, 1995 pretreatment program, including a joint ficult circumstances. He deserves cred- In addition, while everyone agrees monitoring program and local controls to it for that. In no way should my re- that responsible parties should lead prevent against interference and pass quest here be viewed as being critical cleanup efforts where possible, Govern- through. of the effort. But nevertheless, Mr. ment oversight is necessary to assure SEC. 307. No funds appropriated by this Act may be used during fiscal year 1996 to en- President, I believe that we are going that agreements are met and the public force the requirements of section 211(m)(2) of to have to do better and hope that we health is protected. the Clean Air Act that require fuel refiners, can find a way to do it. About 260 sites in 44 States will not marketers, or persons who sell or dispense I also want to thank my friend and be cleaned up because of the funding fuel to ultimate consumers in any carbon colleague from Maryland for her hard cuts in this bill. Just look at the map, monoxide nonattainment area in Alaska to work on the subcommittee bill and and we see that cleanups will stop, the use methyl tertiary butyl ether (MTBE) to hope also she will be with me as we red indicating that 1 to 5 cleanups will meet the oxygen requirements of that sec- work our way through this to try and tion. be delayed; in the blue area, 6 to 10 adopt this amendment. cleanups will be delayed; and in the EXECUTIVE OFFICE OF THE PRESIDENT Mr. President, even with the addi- area where we see green, including New OFFICE OF SCIENCE AND TECHNOLOGY POLICY tions that were made by the sub- Jersey, California, Florida, more than For necessary expenses of the Office of committee, the bill still would cut Science and Technology Policy, in carrying 10 cleanup attempts will be delayed. EPA by more than 22 percent from the We cover almost the whole map. The out the purposes of the National Science and President’s request. That is far more Technology Policy, Organization, and Prior- only places where there is no delay is than many other agencies. where we see the States outlined in ities Act of 1976 (42 U.S.C. 6601 and 6671), hire Unfortunately, these deep cuts in of passenger motor vehicles, services as au- white. It is a pretty ominous review EPA’s budget are indicative of a much thorized by 5 U.S.C. 3109, not to exceed $2,500 that we are looking at. for official reception and representation ex- broader attack on the environment in this Congress. This year, we have seen Beyond the severe environmental and penses, and rental of conference rooms in the health consequences that are apparent District of Columbia, $4,981,000: Provided, efforts to undercut the Clean Water That the Office of Science and Technology Act, dismantle the community right- by delays, this will mean also 3,500 jobs Policy shall reimburse other agencies for not to-know law, weaken the laws pro- will be lost in the private sector, and less than one-half of the personnel com- tecting endangered species and making that would cause enormous loss of time pensation costs of individuals detailed to it. environmental regulations that are al- getting rid of the hazardous waste COUNCIL ON ENVIRONMENTAL QUALITY AND most impossible to promulgate. It blight that exists across our country. OFFICE OF ENVIRONMENTAL QUALITY seems that there is no end to the new Also, sites that communities plan to For necessary expenses to continue func- majority’s assault on the environment. use for economic redevelopment will tions assigned to the Council on Environ- That is not what the American peo- not be available for use in the commu- mental Quality and Office of Environmental ple voted for last November. They do nities. As land lays contaminated and Quality pursuant to the National Environ- unusable, local communities will suffer mental Policy Act of 1969, the Environ- not want environmental laws curtailed. mental Improvement Act of 1970 and Reorga- They do not want to see the gutting of economic losses that cannot be re- nization Plan No. 1 of 1977, $2,188,000. our attempt to improve the environ- couped. ADMINISTRATIVE PROVISIONS ment. In my own State of New Jersey, 16 A recent Harris poll showed that over SEC. 401. Section 105(b) of House Concur- sites will see their cleanup delayed or rent Resolution 67 (104th Congress, 1st Ses- 70 percent of the American public, of terminated. For example, efforts will sion) is amended to read as follows: both parties, believe that EPA regula- be halted at the Roebling Steel site, a ‘‘(b) RECONCILIATION OF REVENUE REDUC- tions are just right or, in fact, not former steel manufacturer next to the TIONS IN THE SENATE.— tough enough. Clearly, most Americans Delaware River, a company that had an ‘‘(1) CERTIFICATION.—(A) In the Senate, care about our environment, feeling, in illustrious history. Material manufac- upon the certification pursuant to section many cases, very strongly about it. tured there was sent all over the world, 205(a) of this resolution, the Senate Com- Mr. President, $432 million of this but they fell on hard times, and now we mittee on Finance shall submit its rec- amendment restores money for the ommendations pursuant to paragraph (2) to are dealing with a contamination that the Senate Committee on the Budget. After Hazardous Waste Cleanup Program. was left from their operation. Runoff receiving the recommendations, the Com- The bill reported by the Appropriations from the precipitation on the site may mittee on the Budget shall add such rec- Committee calls for a cut of roughly a have already contaminated the Dela- ommendations to the recommendations sub- third in hazardous site cleanup fund- ware River and surrounding wetlands. mitted pursuant to subsection (a) and report ing. That will mean many hazardous Approximately 12,000 people in this a reconciliation bill carrying out all such waste sites will not get cleaned up, and area depend on ground water for their recommendations without any substantive many people who live near these sites drinking water. An adjacent play- revision. will continue to be exposed to dan- ‘‘(B) The Chair of the Committee on the ground is contaminated with PCB’s and gerous and often lethal chemicals. heavy metals, including lead. Budget shall file with the Senate revised al- I recognize that some critics of the locations, aggregates, and discretionary Superfund say we should not provide Mr. President, hazardous waste sites spending limits under section 201(a)(1)(B) in- have significant negative consequences creasing budget authority by $760,788,000 and money to the program unless some of its problems are fixed, and I agree we for human health, and these can range outlays by $760,788,000. from cancer to respiratory problems to ‘‘(2) COMMITTEE ON FINANCE.—Funding for have to fix the problems. But while the this section shall be provided by limiting program has had its problems in the birth defects. The need to prevent any tax cut provided in the reconciliation past, which we are presently working these kinds of diseases more than any- bill to families with incomes less than to correct, people still want the clean- thing else is what makes funding $150,000.’’. ups to continue. While the controversy Superfund so important. Mr. LAUTENBERG. Mr. President, surrounding the program has focused The second part of my amendment, this amendment will do three things. It largely on the issue of liability, there Mr. President, will restore money to will restore funding for hazardous is no dispute about the need to clean the States’ revolving loan funds. The waste cleanup and for sewage treat- up these sites, nor about the need for Clean Water Act requires that cities ment plants at last year’s levels and Federal funds to help do so. and towns comply with minimum provide funds for the Council of Envi- Communities concerned about the waste treatment standards. States re- ronmental Quality to enable it to con- health of their citizens need this port that they will need $126 billion to tinue its work to meet its important money to move ahead with cleanups, comply with these requirements. responsibilities. while the responsible parties, those ac- This amendment keeps funding for First, Mr. President, I commend our cused of doing the pollution, who cre- the State revolving loan fund at last colleague, the chairman of the sub- ated the pollution, litigate amongst year’s level by restoring $328 million. committee, Senator BOND, for his work themselves trying to avoid paying for Finally, my amendment would add on this bill and for adding over $650 their obligation. Federal money also is just over $1 million to continue the million to the EPA budget. I know that needed if those responsible cannot be work for the Council on Environmental he has done his best under very dif- found or refuse payment. Quality. For a small amount, CEQ can

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14349 coordinate the administration’s envi- ported, and I will raise a budget act ronment and sites which are currently ronmental programs. This is impor- point of order to it. at some active stage in the Superfund tant, especially with respect to the co- Let me talk, though, about the sub- cleanup pipeline. ordination of environmental impact stance. First, Superfund. While there Our recommendations reflect the statements. may be disagreement on how we reform findings of a General Accounting Office To fund these increases, Mr. Presi- the program, there is virtually no dis- report, which I requested. This General dent, my amendment would reduce the agreement that I know of that the pro- Accounting Office report says that tax break that otherwise will be pro- gram must be reformed. We have stud- two-thirds of the Superfund sites GAO vided in the reconciliation bill this ies by the dozens outlining the prob- looked at do not pose human health year. From all indications, this tax lems with the Superfund Program. risks under current land uses. break will be targeted largely at the There have been 90-day reviews and 30- We are spending two-thirds of the wealthiest individuals in America and day reviews to improve the program. money in the current Superfund Pro- a variety of special interests. There have been Rand studies, CBO gram on sites that do not pose a sig- Mr. President, the rich or poor in studies, GAO reports, and the National nificant hazard to human health now this country do not want to leave a Commission on Superfund Reform. or in the future under current land We are all familiar with the morass contaminated environment for their uses. I am not suggesting that these of litigation, the excessive administra- children or their grandchildren, and I sites are not important and should not tive burdens, the length of time to am sure that if this proposition that be cleaned up. I am saying that for clean up the sites. Most of us have we have put forward is closely exam- these sites, we can delay cleanups until heard from our constituents, small ined and we say, all right, if tax breaks we reform the program so that we can businesses, mom and pop operations are going to be given, we have to make concentrate our efforts on those sites that were bankrupted because their sure that they are for the lower in- which will provide a benefit in less- trash was hauled legally to a dump come, not just the top people or wage ening dangers to human health and to which later became a Superfund site earners in our country. ensure that commonsense solutions are So, Mr. President, I am sure that if and they became liable. implemented. forced to choose between a tax break We have all heard the stories about for the rich and strengthening environ- EPA requiring cleanups so clean that The committee’s recommendation re- mental protections, I believe that kids can eat the dirt, even when there flected the fact that the reauthoriza- Americans would strongly support the were no kids near the site, where it is tion process is well underway. It will environment and thusly this amend- an industrial site, where nobody has be a transition year, as it should be, for ment. even proposed to bring in a day care the Superfund Program. Therefore, we I urge my colleagues to support this center or to make it a playground for a should only fund critical activities amendment for the well-being and school. pending implementation of a reform health of our citizens and our environ- When we devote our resources to program. ment. overutilization of cleanup techniques Now, the Senator’s amendment also Mr. President, I yield the floor. in an area where they are less nec- would double funding for the Council Mr. BOND. Mr. President, I yield my- essary, we take away from funds where on Environmental Quality. I point out self 10 minutes. they can be put to uses right away, that this committee has recommended Mr. President, I thank the distin- where they can have a positive impact continuing the Council on Environ- guished Senator from New Jersey for on human health and the environment mental Quality at last year’s funding. his kind words. I appreciate the com- and avoid dangers. We would save CEQ, where the House ments he made about our efforts here. But the list of grievances against the wants to terminate that body. But I wish we could have his support Superfund goes on and on and on. We The question will be whether we ter- for the measure as passed by the com- have poured billions of dollars into this minate it or not. The ultimate con- mittee and sent to the floor. program with little to show for it. We ference committee will not come out I must rise in strong opposition to have spent billions of dollars and we with more than $1 million because we the amendment on substantive grounds have only about 70 sites which have ac- have put that amount in and the House and also the fact that it busts the sub- tually been cleaned up and deleted has already passed. committee’s 602(b) allocation. from the national priorities list. We Despite some concerns that many I will address, as I have previously, have hundreds of studies going on at may have that the CEQ is duplicating the budgetary sleight of hand and the sites and even more being litigated. other agencies, this committee found, smoke and mirrors that have been sug- This is a wonderful opportunity for full and I believe that CEQ does perform a gested as an offset. But let me talk employment for lawyers, for adminis- valuable function; it performs a func- about some of the substantive provi- trative hassles, and that is not what we tion of coordinating the activities of sions, because I agree with the Senator ought to be about. We ought to be the administration and all the different that they are very important. about cleaning up Superfund sites. bodies which may act on environ- In his first speech to Congress, Presi- As he noted, we worked very hard to mental matters. increase funding for the environment dent Clinton declared, ‘‘I would like to because we have made great progress in use the Superfund to clean up pollution However, I think it should be limited the environment in this country. We for a change and not just pay lawyers.’’ to activities which are statutory in na- need to continue that progress. Every- I believe I was one of a large group of ture and which do not duplicate other thing that we are doing in this bill is Senators who stood and applauded that agencies’ activities. The funding pro- designed to ensure that the progress we statement. I believe there is very vided is about the same level as the have made continues. strong agreement on both sides of the current level funding for CEQ. We have urged the EPA to pay heed aisle that the President set the proper Now, the third point as to State re- to and adopt the recommendations of tone: clean up pollution, stop paying volving funds which the Senator’s the National Academy of Public Ad- lawyers. There is little disagreement amendment would add $328 million. I ministration, who have told EPA how on either side that the program is not fully support added funding for States they can do a better job of utilizing working, or not working as well as it to meet environmental mandates. That their funds, be more effective, and should. is why the bill before us carves out a make sure that we get the most for our The committee limited Superfund special appropriation just for State dollars in the environmental programs. funding to $1 billion, as in the House, funding. That study was requested when my because the committee recognized that We increased funding for the State colleague, the Senator from Maryland, it was time to stop throwing away activities that comprises more than 40 was chairman of the committee. It is money at a wasteful, broken program. percent of the EPA appropriations be- something I support because I believe The committee’s recommendations will cause that is money going to the places we can make progress. But I do not be- fund sites which pose an immediate where it can actually clean up the en- lieve that this amendment can be sup- threat to human health and the envi- vironment.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14350 CONGRESSIONAL RECORD — SENATE September 27, 1995 We believe that with reforms that and environmental problems—haz- The bill also requires that the Safe can be implemented either by legisla- ardous waste. Drinking Water Act be reauthorized by tion or through the administrative pro- There are 1,300 sites that have been April 30, 1995. cedures, we can ensure that the States placed on the national priorities list, If the program is not reauthorized, will do a better job because they will which is the listing of the most serious all drinking water State revolving not be limited just to cleaning up one hazardous waste sites in the country. funds will be transferred to clean water particular kind of pollution but can di- The health risks posed to people who State revolving funds. rect their efforts to pollution which oc- live near these sites are significant. I This means that nearly 270 projects curs in the air, the water, and the land, think we owe it to our communities to to improve substandard drinking water and not be limited just to one medium. ensure that these toxic dumps are systems which serve nearly 29 million Included in this funding that we have cleaned up. Americans will not be funded if reau- recommended is an increase of $300 What happens if we do not restore thorization does not occur. million in funding for clean water funding to the Superfund Program? I hope the Senate does not forget the State revolving funds over the current There will be no funding for about 120 recent cryptosporidium outbreak in budget. Last year’s bill contained some new, long-term cleanup projects, clean- the Milwaukee, WI, water supply which $800 million in sewer treatment ear- up of about 160 immediate public caused about 400,000 people to get sick, marks. Those were nice for all of us to health threats could be significantly resulting in the deaths of 100 people. go home and take credit for, but they delayed, and we risk letting polluters Finally, I think it is important that did not maximize the available funds get off the hook because we will not be this amendment funds the Council on for cleaning up the environment. able to reach and enforce settlements Environmental Quality at the Presi- We eliminated those earmarks so we for cleanups. dent’s request. CEQ is the Federal office that is re- can provide adequate funding for State The Lautenberg amendment will re- sponsible for coordinating our national revolving funds. I think the bill ad- store funding to ensure that public environmental policy. If we did not dresses the concern about the need for health is protected, polluters continue have the CEQ, the job of coordinating State revolving funds. to clean up their messes, and new re- Federal environmental policy would be I think that the bill is sound on envi- search continues to develop cheaper, left to executive level staff inside the ronmental grounds, sound sub- cleaner, and faster ways to clean up Office of the President. This would stantively, and I say that all of the toxic wastes. mean that congressional oversight talk about tax cuts, eliminating tax I also have serious concerns about would be limited. cuts, is so much political rhetoric. the reduction of $586 million below the Make no mistake about it, the Amer- There are no tax cuts in this budget. President’s request that this bill con- ican people care about protecting pub- There is no offset. tains for water infrastructure State re- lic health and the environment. volving funds. We had to make tough choices in the There are many issues that have been This cut means that about 107 waste- subcommittee and the full committee. raised about the Superfund Program, water treatment projects will not pro- We chose to increase the allocation for many legitimate issues raised about ceed. EPA, but we are doing so within the the safe drinking water. I do not be- It also means that, because State re- constraints imposed upon us by Con- lieve we should cut the budget. I be- volving fund dollars are reinvested over gress in the budget resolution. lieve we should streamline the regula- time, a reduction in infrastructure in- This amendment would bust the tions. budget resolution. If the Senator was vestments will be felt in future years. Cutting the budget, in effect, concerned, really concerned about get- The immediate loss of $587 million deregulates or eliminates these regula- ting more money in the environment, will result in a cumulative loss of $2.3 tions. We have come so far on cleaning then he could have offered an amend- billion in funding over the next 20 up the environment. I am grateful in ment which would have proposed legiti- years. this bill that there is funding for the In my home State of Maryland this mate offsets. He did not do so. Chesapeake Bay Program, and we are funding is a big deal. I urge my colleagues to oppose the seeing the bay come back to life. waiver of the Budget Act. Mr. President, Maryland’s Eastern We have seen the work that we have I reserve the time. I yield the floor. Shore relies heavily on two things, done on air pollution and water pollu- Ms. MIKULSKI. Mr. President, I fishing and tourism. These represent a tion. In Maryland we see that good en- thank the Senator from New Jersey for huge chunk of the local economy. vironment is good business because it his advocacy in the issues of environ- EPA’s most recent water quality in- does affect our seafood industry. It mental protection, protecting public ventory reports that 37 percent of the does affect the ability of business. health, safety, and having the concern Nation’s shellfish beds are restricted, Good environment means that there is particularly for the environmental limited, or closed. a reward for businesses that do comply. problems in an urban area. Senator I’m afraid that this funding level There are many things I could say LAUTENBERG has been a longstanding could cause water quality to continue about this amendment but I think Sen- advocate and a longstanding expert in to decline, which is no small concern ator LAUTENBERG said it best as he al- this issue as a member of the author- for States like mine which depend ways does. He has my support for this izing committee. heavily on rivers and coastal waters. amendment. He has my support for res- I also want to acknowledge Senator In addition, last year 85 beaches in toration of these cuts in the environ- BOND’s efforts to really support a Maryland were closed to protect the mental programs in round two. I be- streamlining of a lot of the regulatory public from swimming in unsafe wa- lieve that President Clinton will veto process. ters. this bill in round two. I am pleased to be a cosponsor of I do not know about the rest of my I hope with the new allocation we Senator LAUTENBERG’s amendment to colleagues, but when I go to the beach could overcome where we are essen- partially restore funding to some of I want to take a swim or wade in the tially cutting America’s future by cut- EPA’s most important programs. surf. None of that can happen if we do ting the environmental programs. This amendment adds: $431.6 million not protect our waters. Mr. LAUTENBERG. Mr. President, I to the Superfund Program, $328 million I am very concerned that this de- ask the Chair how much time remains to the Water Infrastructure State re- crease in funding will have serious ad- for our side on debate? volving funds, and $1.188 million to the verse effects on the Chesapeake Bay. The PRESIDING OFFICER. The Sen- Council on Environmental Quality The funding that Maryland gets from ator has 14 minutes remaining. [CEQ]. the State revolving fund program is Mr. LAUTENBERG. I want to take a I am particularly concerned about critical to preventing the water pollu- few minutes to respond to the com- the $431.6 million cut below the current tion that runs off into the bay. All of ments of the distinguished chairman of funding for the Superfund Program. our efforts to clean the bay, at both the subcommittee. Superfund was designed to address the State and Federal level, will be I first will explain very briefly why it one of our Nation’s worst public health wasted if we cannot control this runoff. is that I complimented him even as I

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14351 voted against the subcommittee bill. It body who could not use more money, just simply a track for beginning the is fairly simple. I think yeoman work even the most profligate spender, but appropriate engineering studies. was done. I think that the distin- the fact of the matter is this is a coun- I was fortunate a few weeks ago. I guished Senator from Missouri gave it try in deep financial distress and the was able to go to a site in the southern a good effort but I still feel that we are last thing we ought to be doing is giv- part of my State, a site that was one of not adequately protecting our commu- ing a tax break for those who do not the worst industrial pollution sites in nities against environmental pollution. need it and who would be a lot better the country. There was a responsible To me it is fairly simple, because I off if we invest our money in our soci- party. They paid a significant share of think that the legacy that each of us in ety, presenting our kids with a cleaner it. America can best leave our children, environment, not having to worry By the way, I think it is very inter- the grandchildren, and those that fol- about the air that our parents breathe esting to note that, of the money spent low, rich or poor, is to leave them a or the ground our kids play on. I think on Superfund cleanup, 70 percent came cleaner environment; to continue the that is a much better investment than from responsible parties—not just from progress that has been made in some a tax cut for the rich—be they idle or the trust funds, the Superfund trust areas. earned. fund. In 1973, only 40 percent of our The fact of the matter is, Mr. Presi- I was able to go to this community. streams were fishable and swimmable, dent, the Superfund—and I discussed It is called the Lipari landfill site. It which is really the test for the quality this in my office with my very able was a site that was contaminated over of the water. Now it is 60 percent. staff yesterday—the title suggests a number of years. Now it is clean If we do not fund the revolving fund something that escapes understanding enough to introduce fish back in the and insist on cleaning up—treating that the American people have about site. I stood there with a bunch of wastewater before it gets to the what it all means. Superfund ought to schoolchildren, fourth and fifth grade, streams, I do not want to be crude, but have a different name. It ought to be and we put smallmouth bass in there it will go in some cases direct from the getting rid of threats to the health of and we put bigmouth bass in there. I toilet into the rivers, into the lakes. people in the community. Superfund think that was for Senators’ benefit. That is an outrageous condition for a has some connotation that it is a We put fish back in the pond. The country as well off, despite our prob- major spending program by Govern- kids were so excited. I was excited. I lems, as this country of ours is. ment and that we all enjoy throwing even got my feet wet in there. But the Superfund sites—there is always a money down the drainpipe. fact of the matter is, that was a turn- question raised by those that are skep- That is hardly the case. Superfund is ing point for the community. They tical about how dangerous these sites a program that works, and the money were celebrating revival. They were are. that we spend in litigation is not out of celebrating almost, if I may call it in Mr. President, I have to respond by the Superfund trust fund. Rather, it is religious terms, a redemption. The talking about a condition in, coinci- spent between companies trying to dis- community center point, a halcyon dentally, in Forest City and Glover, lodge themselves from their liability; lake, was now going to be able to be MO. A 1995 study among residents who between insurance companies and their used for recreational purposes by the lived near Superfund sites shows an in- insured, the insurance company deny- children of the community. So we saw crease in reports of respiratory prob- ing the claim, the insured saying, ‘‘You a Superfund success. lems and increased pulmonary function insured me for that and I want you to Once again, if I may ask, how much disorder. pay; that is why I paid those pre- time do I have? Investigators have reported elevated miums.’’ So that is where a lot of the The PRESIDING OFFICER. The Sen- rates of birth defects in children of money comes from for litigation. It is ator has 41⁄2 minutes. women living near 700 hazardous waste not out of the Superfund trust fund. Mr. LAUTENBERG. Mr. President, I sites in California; children of women Mr. President, I think we have to get yield the floor. I understand my col- living near sites with high-exposure the definitions very clear. Superfund league from Delaware is on his way and rates to solvents have greater than was and is a very complicated program. wants to speak. I hope I can reserve the twice the rates of neural birth defects It was begun in 1980, almost in inno- remainder of that time. such as spina bifida. The study goes on. cence, just responding to the threat of The PRESIDING OFFICER. Who There is a real hazard there. environmental pollution and the health yields time? I can tell you this, I do not want my hazards that it represented for chil- Mr. BOND. Mr. President, I yield my- kids drinking water from a water sup- dren. We have not discussed the envi- self such time as I may require. I be- ply, a groundwater supply that may ronment that is affected as well, the lieve the Senator from New Hampshire have been leached into by contami- pollution of lakes and ponds and is on his way to the floor. As chairman nants left by a polluter. streams, water supplies, all of those of the subcommittee with responsi- I have to ask this question as well. things. bility over Superfund, I think it is very Why is it that suddenly in the Amer- Mr. President, when we look at important he share with us his views. I ican diet or the American purchases in Superfund we say it is almost 15 years do hope we can yield back some of the the food market—water? People walk old now, what has happened? I will tell time so we can move on. This is a very around with bottles of water like they you what has happened. Mr. President, important amendment, but I believe we were a belt on their pants. It is quite 289 sites have been cleaned up. That is have outlined it rather clearly. remarkable that now, suddenly, that not bad. We have 1,300 sites to go, but I would like to begin by agreeing has become a major business. we are better at it. We move faster on with my colleague from New Jersey. He Why? I bet it is because people just it. And if we fail to fund it at the prop- said many things that I agree with, like spending money. I bet it is because er level and lose a lot of the skills and particularly about largemouth bass. I people love carrying these water bot- expertise that is now resident in EPA love to go bass fishing, too. I want to tles in their backpacks or back pock- and in the Superfund department, it see our waters cleaned up. We want to ets. It is plain they are afraid to drink will take a long time to rebuild those move together on that. He says we the water that comes out of the tap. skills and reorganize the structure. want to stop raw sewage going into Face up to it. That is not a way to do business, not lakes, rivers and streams. That is why, What we are saying is we do not want when you have long-term projects that in this committee bill, we increase by a tax cut for the rich in this country, are inevitably more complicated than $300 million the money going into the for the richest in this country—that is expected. State revolving fund. where the money comes from. It does But we are gaining knowledge all the The Senator from New Jersey made a not come from smoke and it does not time, and, again, every one of the sites very clear case for dealing with Super- come from mirrors; it comes from on the Superfund list has begun to fund sites where there is human health eliminating a tax break for the have some attention, whether it is in at risk. I could not agree with him wealthiest in our society. I think that the drawing of specifications that more. We need to be cleaning up these is a very good idea. I do not know any- would be applied to construction or Superfund sites where there are

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14352 CONGRESSIONAL RECORD — SENATE September 27, 1995 human health risks. Unfortunately, and we will not be on a path to balance have to fend for themselves. That site two-thirds of the money being spent the budget by the year 2002. is contaminating the area with 2,000 right now is going to sites which do not This is simply a budget busting people living within 1 mile of it. And involve immediate human health risks amendment, and I urge my colleagues what do we say with this one? We say, or risks under current land uses. So we not to support it. ‘‘We think they should still clean that put in $1 billion and said ‘‘prioritize Mr. President, I see the distinguished up, and we do not want to give you an those sites where human health risks Senator from New Hampshire has ar- unfunded mandate. But you find the rived. exist now or might exist in the future.’’ money, State. Clean it up.’’ And then let us reform the program. The Senator from Delaware came in The Senator from New Jersey talked earlier. I ask the Senator from New Look. This bill is an unfunded man- about the tremendous hassles, the liti- Jersey if he wishes to proceed. date, or a backdoor way of trying to gation, the administrative time and Mr. LAUTENBERG. I thank the Sen- lower the water quality and lower the hassle that is going into the Superfund ator from Missouri. air quality. It is one of the two. If it is Mr. President, how much time do we debates. We need to get out of debates done in the name of balancing the have? on who is responsible and move forward budget, I understand that mantra. I The PRESIDING OFFICER. Four voted for a constitutional amendment with cleaning up. I look forward to minutes and ten seconds. working with the Senator from New Mr. BOND. Mr. President, how much on balancing the budget. I am for bal- Jersey to do that. remains on our side? ancing the budget. Let us balance peo- He also talks about people who are The PRESIDING OFFICER. Fourteen ple’s checkbooks in terms of how much afraid to drink the water. We need to and one-half minutes. money they pay the Federal Govern- authorize the safe drinking water fund. Mr. LAUTENBERG. I yield to the ment in taxes. Do you want to balance Again, we are working on that together Senator from Delaware 31⁄2 minutes. something? Balance it that way. Bal- in the Environment and Public Works The PRESIDING OFFICER. The Sen- ance it that way. But do not say to the Committee. I think it is very impor- ator from Delaware. States, ‘‘We want you to keep the tant that we cut through the chaff and Mr. BIDEN. Mr. President, I thank water clean and the air clean. We are get down to the serious job of making my colleague. not changing the Federal standard on sure that our drinking water supply is Mr. President, I rise to join with my that. But, by the way, we are not going safe. I look forward to working with colleague, the distinguished ranking to send you the money. We are not him there. member of the subcommittee, Senator going to step in there.’’ Let me just put a couple of things MIKULSKI, in support of our environ- into perspective. The Senator from mental protection laws. What do you think you are all going New Jersey says that our budget for Mr. President, I think our Repub- to do to local taxes, folks? What do you EPA is 22 percent below the request. lican friends should be straight up. think is going to happen here? These Let me put that in perspective. It Why do they not just eliminate the folks are going to save you money. Oh, should come as no secret to this body Clean Air Act, eliminate the Clean they are going to save you money all that we are making cuts. The sub- Water Act, and drastically reduce the right. One of two things will happen. committee’s allocation was 12 percent requirements? Why do you not just do Your water is dirty, or your local taxes below last year’s. There have been vir- that? Otherwise, the local municipali- are going up—one of the two. But in tually no cuts in the Department of ties, the cities, and the States are not the meantime, people making over Veterans Affairs, the largest portion of going to be able to meet the require- $100,000 bucks will get a tax cut. That the budget of this subcommittee. ments of these acts. is not right. Second, most of the reductions in the I heard all of this talk last year Mr. President, though not as severe Environmental Protection Agency about unfunded mandates. My Lord, as the House version, the bill before us have come from earmarked sewage did my Republican colleagues bleed today does much to protect businesses grants and unauthorized State revolv- over what we were doing to the poor from liability but little to protect ing funds and Superfund, where we pro- States. They bled and they wept and American families from pollution. posed to target the resources in Super- they talked about the unholy Federal fund to those instances where human Government, and about what it was The addition of nearly one dozen leg- health is at risk or may be at risk hoisting upon States. Folks, you can- islative riders—or loopholes for pol- under current land uses. not have it both ways. luters—is, in my view, just plain We agree that protecting human I say to my friends from New Hamp- wrong. health from Superfund sites is vitally shire and Missouri: Either do it or do An appropriations bill is not the important. We have not cut money for not do it. Step up to the plate with a place to hastily form policies which standard setting, for technical assist- little truth in legislating. OK? This bill will affect the drinking water of every ance, for enforcement. Those are held is the ultimate unfunded mandate. American family, the air every Amer- close to the current levels despite the They know darned well the voters will ican child breathes. subcommittee’s constrained allocation. kill them if they denigrate the Clean And, as I stated before, the commit- Water Act; and they will kill them po- We hear so much about unfunded tee’s recommendation increases State litically if they denigrate the Clean Air mandates, in fact, one of the first grants. It recognizes the importance of Act. They know what will happen if pieces of legislation passed by this fully funding the States so they can they attempt to gut these environ- Congress was an unfunded mandates meet the environmental mandates. mental laws. I have not had a single bill which makes it harder for the Fed- But, frankly, where we come down to mother or father, or anyone, come up eral Government to impose costs upon disagreement is when the Senator con- to me and say, ‘‘You know, you folks in States. tends—I believe without any justifica- the Federal Government are spending As a former county councilman I sup- tion at all—that the money for busting too much time determining whether port this effort. Yet, the bill before us the budget in the environment is going my water is clean.’’ Not one has com- cuts the Environmental Protection to come from tax cuts from the plained about a Federal bureaucrat Agency’s budget by a whopping $1 bil- wealthy. trying to clean their water. lion. Unlike President Clinton’s budget, So what do you do here? You do what Who is going to pick up the cost for this budget does not include in its you are getting real good at. You say, budget tax cuts for anybody, even the ‘‘OK, we are not going to denigrate the these necessary protection efforts? tax credit for working families that we Clean Air Act nor the Clean Water Act. State and local governments—an un- would like to see involved. That is not We are just not going to give the EPA funded mandate. That is why this in this budget. There is no money to be the money, and we are not going to amendment is so necessary. used in this budget from these cuts for give the States money.’’ So all the lit- By cutting hazardous waste cleanup tax increases. If this Senator’s amend- tle communities now, like one in my efforts by 36 percent, this bill will pre- ment is agreed to, and the Budget Act State which has a toxic waste dump vent additional progress from being point of order is waived, we will break with 7,000 drums of toxic waste sitting made at our most dangerous toxic the budget. There will be no tax cuts, there contaminating the water supply, sites.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14353 One such site in my home State of The middle class have earned a tax all of those hearings. The bottom line Delaware—an industrial waste landfill break, they deserve help sending their as we walked out of those hearings was in New Castle County—contains over children to college, or buying their that Superfund was a well-intentioned 7,000 drums of toxic liquids and chemi- first home. program but a deeply troubled pro- cals. Mr. President, this amendment puts gram. It makes no sense to simply out The soil is contaminated with heavy environmental protection for Amer- of the blue take $400 million from metals. The ground water is contami- ica’s families, ahead of liability protec- somewhere else, anywhere else—I do nated. About 2,000 people live within 1 tion for polluting special interests and not care where it comes from, the rich mile of the site. I urge its adoption. or from wherever you want to take it. I want that site cleaned up. I want Mr. BOND. Mr. President, I yield my- From wherever you take it, to put $400 those families to live and raise their self 1 minute. million into a troubled program before children in a clean, safe environment. I always enjoy hearing my colleague we have addressed the reforms that The level of funding in the bill would from Delaware talk. It is very enter- need to be made is a mistake. jeopardize future progress at this site— taining. But it has nothing to do with I urge my colleagues to reject this and I am not going to put Delaware’s this bill. If he is talking about un- amendment at the urging of the Sen- communities at risk. funded mandates, the Superfund is not ator who chairs that committee, who is The bill as currently written also an unfunded mandate. Ninety percent prepared within the next few days to cuts by over $328 million assistance to comes from the Superfund trust fund. present to the full Senate, certainly to local governments in meeting their We are saying we must reform the pro- the committee, Environment and Pub- Clean Water Act responsibilities. gram so that we spend less money on lic Works Committee, and ultimately These funds are desperately needed the cleanups and that the States’ share to the full Senate a comprehensive re- by local communities to modernize fa- of 10 percent will go down. form which I believe is fair and that I He is talking about not giving cilities which treat wastewater pollu- believe will address many of the con- enough money to the States. We put tion. cerns we feel about the Superfund Pro- The cut means that raw sewage will $300 million more in the State revolv- gram. ing fund because we are concerned. It is pollute local waters, potentially reach- Given the pendency of this reauthor- a wonderful rhetoric, an enjoyable ar- ing America’s coastline, places such as ization effort, I just cannot see how gument; just not this bill. And this bill Rehobeth and Dewey Beaches in Dela- providing these additional moneys now is what we are talking about. The ware. to the Superfund Program is a good use Years ago, I literally dredged raw amendment has nothing to do with the of very limited financial resources. It sewage from the floor of the Delaware comments, the very delightful com- is premature. Bay to demonstrate just how polluted ments, of my friend from Delaware. I yield 5 minutes to the Senator from I am not saying, I wish to emphasize that waterway once was. to the Senator from New Jersey, that Today it is much cleaner, and raw New Hampshire. at some point I would not like to have sewage is no longer as severe a prob- Mr. SMITH. I thank the Senator additional funds for that program. lem. from Missouri for yielding. I am not going to turn back the clock Mr. President, I would like to address Maybe they would be needed. But at on that progress—America’s beaches a few brief comments regarding the this point it is premature, and I must should be littered with vacationers, not amendment that has been offered by for that reason urge the rejection of sewage. my colleague, the Senator from New the Lautenberg amendment. Lastly, Mr. President, the amend- Jersey. As the Senate knows, Senator If we are successful—and I believe we ment provides an extremely modest LAUTENBERG is the ranking member of will be—in reauthorizing a streamlined amount of funding for the Council on the Subcommittee on Superfund, which and improved Superfund Program with- Environmental Quality. I chair. I have worked closely with the in the next few weeks, it is certainly The former Republican Governor of Senator on the reauthorization of this possible that next year I might be here Delaware, Mr. Russ Peterson, a man program. I am very familiar with his saying that when we look at the fiscal whom I have the utmost respect and concerns and understand the concerns year 1997 VA-HUD-independent agen- admiration for, formerly chaired this that he has regarding this program. cies program, money should be shifted Council. But I think we must point out, Mr. within that program to the Superfund It’s mission is simple: To eliminate President, that this program, to put it Program, perhaps at the expense of duplication and waste by coordinating mildly, has had its share of problems something else. I very well might make the Government’s use of environmental over the past 15 years. It has had some that case. impact statements, in the process sav- successes. But its cleanup rate, success In view of the problems that we now ing the taxpayers’ money. ratio, has been very, very low without face, in view of the fact that we are on It is a wise use of resources, the re- getting into a lot of detail here. the verge now of presenting these re- turn is far greater than the investment This has been a failed program. It is forms, this amendment is simply pre- and we ought to support it. very premature at this point in the mature. I think the Senate and all of Mr. President, this amendment will process—given the reconciliation be- my colleagues deserve the opportunity not add one penny to the Federal def- fore us that Senator BOND has already to address these concerns to see what icit or debt. addressed—to simply say we are going the real problems of the Superfund It is funded by simple fairness—any to dump $400 million into the Super- Program are, to see how we are ad- future tax cut provided in the budget fund Program without knowing at this dressing those problems one by one, bill both Chambers are now working on point what the reforms are or what the from the liability issue, to the State should go to the middle class only. reforms should be. involvement issue, to the remedy issue. It is as simple as that. During the last 9 months of our sub- All of these issues are going to be fully The middle class has been taking a committee, the Senate Superfund Sub- addressed, including the funding issue, beating over the past two decades. committee has held seven hearings on in the reform bill, and I hope my col- They have played by the rules, paid Superfund. Senator LAUTENBERG at- leagues would await that bill, pass their taxes, done right by their chil- tended all of those hearings. They were judgment on that bill, before simply dren, and yet their standard of living very extensive. I know there was a lot dumping additional resources into the has fallen. of information provided on how this Superfund Program. Violence has encroached upon their program should be changed. There were I yield back any time I might have to lives unlike any other time in our his- many divergent ideas, and no one with my colleague from Missouri. tory. Women, and even men, no longer all of the answers. There was a series of Mr. BOND addressed the Chair. feel safe walking to their cars at night exchanges between people. Many had The PRESIDING OFFICER (Mr. across dimly lighted parking lots. ideas that were in conflict with each ASHCROFT). The Senator from Missouri. Armed robberies at automatic teller other. Mr. BOND. I express my sincere machines are now commonplace in safe One issue, as I indicated in my open- thanks to the chairman of the sub- suburban areas. ing sentence, was made very clear in committee. I realize what a difficult

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14354 CONGRESSIONAL RECORD — SENATE September 27, 1995 job this is. We look forward to working withstanding section 111(m) of CERCLA or tions as the Administrator shall establish, to with him. It is vitally important for any other provision of law, not to exceed any State or federally recognized Indian the environmental health and well $64,000,000 of the funds appropriated under tribe for multimedia or single media pollu- being of this country to reauthorize this heading shall be available to the Agency tion prevention, control and abatement and for Toxic Substances and Disease Registry to related environmental activities at the re- this measure. He has taken the lead in carry out activities described in sections quest of the Governor or other appropriate that very difficult effort. We look for- 104(i), 111(c)(4), and 111(c)(14) of CERCLA and State official or the tribe: Provided further, ward to seeing that measure in com- section 118(f) of the Superfund Amendments That from funds appropriated under this mittee and coming to the floor so we and Reauthorization Act of 1986: Provided heading, the Administrator may make can perform some badly needed surgery further, That none of the funds appropriated grants to federally recognized Indian govern- to make sure the Superfund does what under this heading shall be available for the ments for the development of multimedia en- everybody expects it would do, and Agency for Toxic Substances and Disease vironmental programs: Provided further, That that is clean up dangerous sites and to Registry to issue in excess of 40 toxicological of the $1,828,000,000 for capitalization grants profiles pursuant to section 104(i) of CERCLA for State revolving funds to support water do it on a priority basis. during fiscal year 1996: Provided further, That infrastructure financing, $500,000,000 shall be Now, Mr. President, I believe there none of the funds made available under this for drinking water State revolving funds, but are no further speakers on my side, so heading may be used by the Environmental if no drinking water State revolving fund I am prepared to yield back the re- Protection Agency to propose for listing or legislation is enacted by December 31, 1995, mainder of my time. As I said before, to list any additional facilities on the Na- these funds shall immediately be available there is no offset. It is totally smoke tional Priorities List established by section for making capitalization grants under title and mirrors. But in the technical lan- 105 of the Comprehensive Environmental Re- VI of the Federal Water Pollution Control guage, Mr. President, the adoption of sponse, Compensation and Liability Act Act, as amended: Provided further, That of (CERCLA), as amended (42 U.S.C. 9605), un- the funds made available under this heading the pending amendment would cause less the Administrator receives a written re- in Public Law 103–327 and in Public Law 103– the Appropriations Committee to quest to propose for listing or to list a facil- 124 for capitalization grants for State revolv- breach its discretionary allocation as ity from the Governor of the State in which ing funds to support water infrastructure fi- well as breach revenue amounts estab- the facility is located, or appropriate tribal nancing, $225,000,000 shall be made available lished in the fiscal year 1996 budget res- leader, or unless legislation to reauthorize for capitalization grants for State revolving olution. Therefore, pursuant to section CERCLA is enacted. funds under title VI of the Federal Water 302(f) and 306 of the Congressional LEAKING UNDERGROUND STORAGE TANK TRUST Pollution Control Act, as amended, if no Budget Act, I raise a point of order FUND drinking water State revolving fund legisla- tion is enacted by December 31, 1995. against the amendment. (INCLUDING TRANSFER OF FUNDS) Mr. LAUTENBERG addressed the For necessary expenses to carry out leak- ADMINISTRATIVE PROVISIONS Chair. ing underground storage tank cleanup activi- SEC. 301. MORATORIUM ON CERTAIN EMISSIONS The PRESIDING OFFICER. The Sen- ties authorized by section 205 of the Super- TESTING REQUIREMENTS. (a) MORATORIUM.— ator from New Jersey. fund Amendments and Reauthorization Act of 1986, and for construction, alteration, re- (1) IN GENERAL.—The Administrator of the Mr. LAUTENBERG. I move to waive pair, rehabilitation, and renovation of facili- Environmental Protection Agency (referred the application of the Budget Act as it ties, not to exceed $75,000 per project, to in this subsection as the ‘‘Adminis- pertains to the pending amendment. $45,827,000, to remain available until ex- trator’’) shall not require adoption or imple- Mr. BOND. I ask for the yeas and pended: Provided, That no more than mentation by a State of a test-only or I/M240 nays. $8,000,000 shall be available for administra- enhanced vehicle inspection and mainte- The PRESIDING OFFICER. Is there a tive expenses: Provided further, That $600,000 nance program as a means of compliance sufficient second on the motion to shall be transferred to the Office of Inspector with section 182 of the Clean Air Act (42 waive? There appears to be a sufficient General appropriation to remain available U.S.C. 7511a), but the Administrator may ap- prove such a program if a State chooses to second. until September 30, 1996. OIL SPILL RESPONSE adopt the program as a means of compliance. The yeas and nays were ordered. (2) REPEAL.—Paragraph (1) is repealed ef- (INCLUDING TRANSFER OF FUNDS) Mr. LAUTENBERG. Mr. President, I fective as of the date that is 1 year after the For expenses necessary to carry out the also ask unanimous consent—since the date of enactment of this Act. Environmental Protection Agency’s respon- amendment last night was prepared, (b) PLAN APPROVAL.— sibilities under the Oil Pollution Act of 1990, there have been some amendments that (1) IN GENERAL.—The Administrator of the $15,000,000, to be derived from the Oil Spill Environmental Protection Agency (referred were proposed here, and I simply ask Liability trust fund, and to remain available unanimous consent to modify the to in this subsection as the ‘‘Adminis- until expended: Provided, That not more than trator’’) shall not disapprove a State imple- amendment to not inadvertently strike $8,000,000 of these funds shall be available for mentation plan revision under section 182 of any language that was previously administrative expenses. the Clean Air Act (42 U.S.C. 7511a) on the adopted by the Senate. These changes PROGRAM AND INFRASTRUCTURE ASSISTANCE basis of a regulation providing for a 50-per- make no substantial change in my For environmental programs and infra- cent discount for alternative test-and-repair amendment. structure assistance, including capitaliza- inspection and maintenance programs. The PRESIDING OFFICER. Is there tion grants for state revolving funds and per- (2) CREDIT.—If a State provides data for a objection to the request? formance partnership grants, $2,668,000,000, proposed inspection and maintenance system The Chair hears no objection, and it to remain available until expended, of which for which credits are appropriate under sec- $1,828,000,000 shall be for making capitaliza- is so ordered. tion 182 of the Clean Air Act (42 U.S.C. 7511a), tion grants for State revolving funds to sup- the Administrator shall allow the full The amendment, as modified, is as port water infrastructure financing; amount of credit for the system that is ap- follows: $100,000,000 for architectural, engineering, de- propriate without regard to any regulation On page 141, line 4, strike beginning with sign, construction and related activities in that implements that section by requiring ‘‘$1,003,400,000’’ through page 152, line 9, and connection with the construction of high pri- centralized emissions testing. insert the following: ‘‘$1,435,000,000 to remain ority water and wastewater facilities in the (3) DEADLINE.—The Administrator shall available until expended, consisting of area of the United States-Mexico Border, complete and present a technical assessment $1,185,000,000 as authorized by section 517(a) after consultation with the appropriate bor- of data for a proposed inspection and mainte- of the Superfund Amendments and Reauthor- der commission; $50,000,000 for grants to the nance system submitted by a State not later ization Act of 1986 (SARA), as amended by State of Texas, which shall be matched by an than 45 days after the date of submission. Public Law 101–508, and $250,000,000 as a pay- equal amount of State funds from State re- SEC. 302. None of the funds made available ment from general revenues to the Haz- sources, for the purpose of improving waste- in this Act may be used by the Environ- ardous Substance Superfund as authorized water treatment for colonias; and $15,000,000 mental Protection Agency to impose or en- by section 517(b) of SARA, as amended by for grants to the State of Alaska, subject to force any requirement that a State imple- Public Law 101–508: Provided, That funds ap- an appropriate cost share as determined by ment trip reduction measures to reduce ve- propriated under this heading may be allo- the Administrator, to address wastewater in- hicular emissions. Section 304 of the Clean cated to other Federal agencies in accord- frastructure needs of Alaska Native villages: Air Act (42 U.S.C. 7604) shall not apply with ance with section 111(a) of CERCLA: Provided Provided, That beginning in fiscal year 1996 respect to any such requirement during the further, That $11,700,000 of the funds appro- and each fiscal year thereafter, and notwith- period beginning on the date of the enact- priated under this heading shall be trans- standing any other provision of law, the Ad- ment of this Act and ending September 30, ferred to the Office of Inspector General ap- ministrator is authorized to make grants an- 1996. propriation to remain available until Sep- nually from funds appropriated under this SEC. 303. None of the funds provided in this tember 30, 1996: Provided further, That not- heading, subject to such terms and condi- Act may be used within the Environmental

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Protection Agency for any final action by establishing fees to recover all reasonable AMENDMENT NO. 2789 TO THE EXCEPTED COM- the Administrator or her delegate for signing costs incurred by EPA for assistance ren- MITTEE AMENDMENT ON PAGE 51, LINE 3, and publishing for promulgation a rule con- dered businesses in its Energy Efficiency and THROUGH PAGE 128, LINE 20 cerning any new standard for arsenic (for its Energy Supply program. The study shall in- (Purpose: To strike the provision relating to carcinogenic effects), sulfates, radon, ground clude, among other things, an evaluation of spending limitations on Fair Housing Act water disinfection, or the contaminants in making the Energy Efficiency and Energy enforcement, and for other purposes) phase IV B in drinking water, unless the Safe Supply Program self-sustaining, the value of The PRESIDING OFFICER. Under Drinking Water Act of 1986 has been reau- the assistance rendered to businesses, pro- the previous order, the Senator from thorized. viding exemptions for small businesses, and SEC. 304. None of the funds provided in this making the fees payable directly to a fund Wisconsin is recognized. Act may be used during fiscal year 1996 to that would be available for use by EPA as Mr. FEINGOLD. I thank the Chair. sign, promulgate, implement or enforce the needed for this program. The Administrator Mr. President, I ask unanimous con- requirement proposed as ‘‘Regulation of shall report to Congress by March 15, 1996 on sent that the pending committee Fuels and Fuel Additives: Individual Foreign the results of this study and EPA’s plan for amendment be temporarily set aside Refinery Baseline Requirements for Refor- implementation. and it be in order to take up the com- mulated Gasoline’’ at volume 59 of the Fed- (c) FUNDING.—For fiscal year 1996, up to mittee amendment beginning on page eral Register at pages 22800 through 22814. $100 million of the funds appropriated to the 51, line 3. SEC. 305. None of the funds appropriated to Environmental Protection Agency may be the Environmental Protection Agency for The PRESIDING OFFICER. Is there used by the Administrator to support global objection? The Chair hears none, and it fiscal year 1996 may be used to implement participation in the Montreal Protocol fa- section 404(c) of the Federal Water Pollution cilitation fund and for the climate change is so ordered. Control Act, as amended. No pending action action plan programs including the green Mr. FEINGOLD. Mr. President, I send by the Environmental Protection Agency to programs.’’ an amendment to the desk on behalf of implement section 404(c) with respect to an myself and Senators MOSELEY-BRAUN, EXECUTIVE OFFICE OF THE PRESIDENT individual permit shall remain in effect after MIKULSKI, SIMON, KENNEDY, BRADLEY, the date of enactment of this Act. OFFICE OF SCIENCE AND TECHNOLOGY POLICY and WELLSTONE. SEC. 306. Notwithstanding any other provi- For necessary expenses of the Office of The PRESIDING OFFICER. The sion of law, for this fiscal year and hereafter, Science and Technology Policy, in carrying an industrial discharger to the Kalamazoo clerk will report the amendment. out the purposes of the National Science and The assistant legislative clerk read Water Reclamation Plant, an advanced Technology Policy, Organization, and Prior- wastewater treatment plant with activated ities Act of 1976 (42 U.S.C. 6601 and 6671), hire as follows. carbon, may be exempted from categorical of passenger motor vehicles, services as au- The Senator from Wisconsin [Mr. FEIN- pretreatment standards under section 307(b) thorized by 5 U.S.C. 3109, not to exceed $2,500 GOLD], for himself, Ms. MOSELEY-BRAUN, Ms. of the Federal Water Pollution Control Act, for official reception and representation ex- MIKULSKI, Mr. SIMON, Mr. KENNEDY, Mr. as amended, if the following conditions are penses, and rental of conference rooms in the BRADLEY, and Mr. WELLSTONE, proposes an met: (1) the Kalamazoo Water Reclamation District of Columbia, $4,981,000: Provided, amendment numbered 2789 to the excepted Plant applies to the State of Michigan for an That the Office of Science and Technology committee amendment on page 51, line 3, exemption for such industrial discharger and Policy shall reimburse other agencies for not through page 128, line 20. (2) the State or the Administrator, as appli- less than one-half of the personnel com- Mr. FEINGOLD. Mr. President, I ask cable, approves such exemption request pensation costs of individuals detailed to it. based upon a determination that the Kala- unanimous consent that reading of the mazoo Water Reclamation Plant will provide COUNCIL ON ENVIRONMENTAL QUALITY AND amendment be dispensed with. treatment consistent with or better than OFFICE OF ENVIRONMENTAL QUALITY The PRESIDING OFFICER. Without treatment requirements set forth by the For necessary expenses to continue func- objection, it is so ordered. EPA, and there exists an operative financial tions assigned to the Council on Environ- The amendment is as follows: contract between the City of Kalamazoo and mental Quality and Office of Environmental On page 125, strike lines 12 through 17. the industrial user and an approved local Quality pursuant to the National Environ- Mr. FEINGOLD. Mr. President, I un- pretreatment program, including a joint mental Policy Act of 1969, the Environ- monitoring program and local controls to mental Improvement Act of 1970 and Reorga- derstand there is a 30-minute time al- prevent against interference and pass nization Plan No. 1 of 1977, $2,188,000. lotment on our side; is that correct? The PRESIDING OFFICER. The Sen- through. ADMINISTRATIVE PROVISIONS SEC. 307. No funds appropriated by this Act ator is correct. may be used during fiscal year 1996 to en- SEC. 401. Section 105(b) of House Concur- Mr. FEINGOLD. I yield myself such force the requirements of section 211(m)(2) of rent Resolution 67 (104th Congress, 1st Ses- time as necessary. the Clean Air Act that require fuel refiners, sion) is amended to read as follows: Mr. President, the amendment I am ‘‘(b) RECONCILIATION OF REVENUE REDUC- marketers, or persons who sell or dispense offering today will strike the provision TIONS IN THE SENATE.— fuel to ultimate consumers in any carbon buried in the VA–HUD appropriations monoxide nonattainment area in Alaska to ‘‘(1) CERTIFICATION.—(A) In the Senate, use methyl tertiary butyl ether (MTBE) to upon the certification pursuant to section bill that I believe would likely have se- meet the oxygen requirements of that sec- 205(a) of this resolution, the Senate Com- rious consequences for the protection tion. mittee on Finance shall submit its rec- and enforcement of the civil rights SEC. 308. None of the funds appropriated ommendations pursuant to paragraph (2) to laws in our country. under this Act may be used to implement the the Senate Committee on the Budget. After The committee bill, unfortunately, requirements of section 186(b)(2), section receiving the recommendations, the Com- includes a provision that would prevent 187(b) or section 211(m) of the Clean Air Act mittee on the Budget shall add such rec- HUD from spending any of its appro- ommendations to the recommendations sub- (42 U.S.C. 7512(b)(2), 7512a(b), or 7545(m)) with priated funds to ‘‘sign, implement, or respect to any moderate nonattainment area mitted pursuant to subsection (a) and report in which the average daily winter tempera- a reconciliation bill carrying out all such enforce any requirement or regulation ture is below 0 degrees Fahrenheit. The pre- recommendations without any substantive relating to the application of the Fair ceding sentence shall not be interpreted to revision. Housing Act to the business of prop- preclude assistance from the Environmental ‘‘(B) The Chair of the Committee on the erty insurance.’’ Protection Agency to the State of Alaska to Budget shall file with the Senate revised al- Believe it or not, this provision make progress toward meeting the carbon locations, aggregates, and discretionary would banish HUD from investigating monoxide standard in such areas and to re- spending limits under section 201(a)(1)(B) in- any complaints of property insurance creasing budget authority by $760,788,000 and solve remaining issues regarding the use of discrimination, or ‘‘insurance red- oxygenated fuels in such areas. outlays by $760,788,000. lining’’ as it is more commonly known. ‘‘SEC. . ENERGY EFFICIENCY AND ENERGY SUP- ‘‘(2) COMMITTEE ON FINANCE.—Funding for PLY PROGRAMS. this section shall be provided by limiting The term ‘‘redlining’’ actually evolved (a) PRIORITY FOR SMALL BUSINESSES.—Dur- any tax cut provided in the reconciliation from the practice of particular individ- ing fiscal year 1996 the Administrator of the bill to families with incomes less than uals in the banking industry using Environmental Protection Agency shall give $150,000.’’. maps with red lines drawn around cer- priority in providing assistance in its Energy Mr. LAUTENBERG. Mr. President, is tain neighborhoods. These individuals Efficiency and Energy Supply programs to there any time remaining? would then instruct their loan officers organizations that are recognized as small The PRESIDING OFFICER. The Sen- to avoid offering their financial serv- business concerns under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ator’s time has expired. ices to residents of these redlined (b) STUDY.—The Administrator shall per- Mr. LAUTENBERG. I yield the re- neighborhoods. These redlined neigh- form a study to determine the feasibility of mainder of my time. borhoods typically were low income

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14356 CONGRESSIONAL RECORD — SENATE September 27, 1995 and minority communities, and it re- was occurring, not only in my own amendments of 1988, Mr. President, sulted in the unavailability of the fi- home State, but apparently in many which were signed by President nancial services that were necessary to other States as well, including Illinois, Reagan, HUD promulgated regulations purchase a home or a business or an Missouri, and Ohio. that specifically placed property insur- automobile. Mr. President, it is important not to ance under the umbrella of the Fair But even as Congress identified and forget who these redlining victims Housing Act. These regulations were moved to curb these discriminatory really are. They are hard-working then promulgated by the Bush adminis- practices in the banking industry, a Americans. They have played by the tration. disturbing and growing level of dis- rules. And they are just trying to buy Let me repeat that. For those who crimination was emerging from the in- a home. They are trying to bring a might think HUD’s involvement in surance industry that would continue sense of stability and vitality to their combating property insurance dis- to deny certain individuals the basic families and to their communities, crimination is simply an initiative of opportunity to own their own home or many times communities that des- the Clinton administration, that is cat- to start a small business. perately need that kind of stability and egorically wrong. The regulations were Property insurance, as we all know, vitality. as a result of a law that passed Con- is almost an absolute requirement to Unfortunately, as happened in Mil- gress with strong bipartisan support obtaining a home loan. And this was waukee, they often run into a brick and was signed into law by President best illustrated by Judge Frank wall of ignorance and injustice. The Ronald Reagan. And then the regula- Easterbrook of the U.S. Seventh Cir- pattern of discrimination in Milwaukee tions were promulgated under the ad- cuit Court of Appeals in that court’s led seven of our Milwaukee residents to ministration of President George Bush. ruling that redlining practices are ille- join with the NAACP to file suit So let us set aside the faulty assertion gal and a violation of the Fair Housing against the American Family Insur- that HUD’s role in enforcing the Fair Act. ance Co. An unprecedented and historic Housing Act as it applies to property The judge was speaking for a unani- out-of-court settlement was reached in insurance is somehow just a new effort mous court when he observed: this case between the parties where the to expand the Federal Government’s Lenders require their borrowers to secure insurance company actually agreed, regulatory powers over a particular in- property insurance. No insurance, no loan; rather than go forward with the litiga- dustry. no loan, no house; lack of insurance thus tion, to spend $14.5 million compen- Mr. President, the supporters of this makes housing unavailable. sating these and other Milwaukee new language also say that regulating Mr. President, the key question, of homeowners who had been discrimi- the insurance industry should be the course, is does redlining actually exist nated against, as well as some of the sole domain of the States as mandated as a practice? Countless new reports funds for special housing programs in under the McCarran-Ferguson Act. Mr. President, this, also, is a diver- and studies indicate that there is a the city of Milwaukee. prevalent and growing level of dis- Mr. President, for those of my col- sionary tactic. This is not an issue of criminatory underwriting in the insur- leagues who might think such discrimi- regulating the insurance industry. The ance industry. Studies such as the 1979 nation in the insurance market is lim- States are the regulators of the insur- report of the Illinois, Indiana, Michi- ited to Milwaukee, WI, I assure you ance industry. What this is, Mr. Presi- dent, is an argument about whether the gan, Minnesota, Ohio, and Wisconsin this is not the case. There is ample rea- Federal Government has the ability to advisory committees to the U.S. Com- son to believe that insurance redlining enforce the civil rights of those who mission on Civil Rights and the recent does occur. It occurs all across this have been discriminated against when study on home insurance in 14 cities re- country. And we should be taking steps they are attempting to purchase a leased by the community advocacy to enhance the Government’s ability to home. That is what this is about—not group ACORN have pointed out that in- combat this form of discrimination. taking away the powers of the States surance redlining practices are, in fact, Mr. President, that is just the oppo- to regulate insurance. And this argu- widespread in America. These reports site of what is happening here. We are ment also fails to recognize that vir- highlight the fallacies of the conten- not taking the steps forward that need tually every Federal court that has tion that lack of adequate insurance in to be made. The language in this bill ruled on this issue, including the sixth many of these communities is due to would actually take us about five steps circuit and the seventh circuit, have economics, or that it is simply due to backward. The provisions of this bill held that the Fair Housing Act applies statistically based risk assessment. are a direct attempt to stop the Fed- to property insurance and that HUD In addition, there is, unfortunately, eral Government from investigating was legally authorized to enforce the some substantial anecdotal evidence complaints of discrimination under the FHA as it relates to homeowners insur- that suggests individuals residing in Fair Housing Act. That is what it is. ance. minority and low-income communities Mr. President, I have to say that I Mr. President, I would like to begin are systematically denied affordable or am very disturbed by this behind- to conclude these remarks by reading adequate homeowners insurance. closed-doors attempt to undermine the from an editorial in opposition to this The ramifications of reducing access civil rights laws of this country. There ill-advised language, and that led to to affordable and adequate homeowners have been no hearings on this proposal the attempt to strike the language. insurance have proven severe for urban by either the Banking Committee or Mr. President, this is not an article areas with large minority commu- the Judiciary Committee. from The Washington Post or the New nities. Without property insurance, an Mr. President, I would like to know York Times. It is from the National individual cannot obtain a home loan. where the mandate for this change to Underwriter, which is the trade publi- Without a home loan, an individual our fair housing laws came from. I cation of the insurance industry. Let cannot obtain a home. Thus, refusing would like to know where the sup- us see what they say about this at- to provide property insurance to an in- porters of this radical language feel tempt to gut the enforcement by HUD. dividual because he or she lives in a that the American people are somehow The editorial said: predominantly minority community overprotected from racial and ethnic However receptive the Republican-con- has to be a clear violation of the civil discrimination. Was this part of the trolled Congress is to business rewrites of rights protections of the Fair Housing Contract With America, to roll back legislation, and however large public antip- Act. the civil rights protections of this Na- athy to poverty and affirmative action pro- My own interest in this matter is tion? I did not see it in there. grams seems, we feel the overwhelming ma- longstanding, but it especially grew I am very troubled that this would jority of Americans believe in the funda- out of a widely reported redlining even be attempted. The supporters of mental principle that all U.S. citizens de- abuse in the city of Milwaukee, WI, this new language claim that the Fair serve equal access to the same goods and services, including those offered by insurers. where it was well documented that in- Housing Act does not say one word . . ..while the industry may not be looking surance redlining was occurring on a about property insurance. It is true to avoid redlining or civil-rights oversight, widespread basis. I was outraged that that the original act does not say that. insurers certainly appear to be using a legis- this sordid, documented discrimination But as a result of the Fair Housing Act lative end-run to keep HUD from trying to

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14357 rectify legitimate insurance redlining and With recent court decisions running Who yields time? civil-rights wrongs. against them and a high level of public con- cern over insurers writing off rather than Mr. BOND. Mr. President, I yield my- That is what the insurance industry self 10 minutes. has even said about some of their coun- underwriting inner cities, insurers have sim- terparts’ effort to block this. ply tried to legislate away the heat without The PRESIDING OFFICER. The Sen- So, Mr. President, I ask unanimous addressing the underlying problems which ator from Missouri. prompted HUD to act in the first place. consent that the text of that editorial But the heat will not dissipate so easily, as Mr. BOND. First, let me agree with be printed in the RECORD at the conclu- National Fair Housing Alliance Executive my friend from Wisconsin that we do sion of my remarks. Director Shanna Smith made clear. There not support nor do I think the insur- The PRESIDING OFFICER. Without are still the courts to consider—and in case ance industry would support redlining. objection, it is so ordered. the insurance industry has forgotten, if We believe that everyone should have (See exhibit 1.) there is one thing consumer groups are good access to all services, whether they be Mr. FEINGOLD. Mr. President, I find at, it is grassroots organizing of a particu- it remarkable that the trade publica- larly loud and visible sort that attracts the insurance or housing or credit, not in tion of the very industry in question press and gives CEOs and public relations of- any way limited by race, gender or has observed this is nothing more than ficials ulcers, not to mention shareholders. other impermissible classifications. a backdoor attempt to stop HUD from The insurance industry—which isn’t ex- What this language in the bill does— combating legitimate and real red- actly held up by the public as an example of published, reviewed by the committee enlightened corporate interest to begin lining abuses and discriminatory prac- with—can almost certainly count on orga- and the subcommittee, and brought tices. I am not out here on the floor nized, deep and sustained consumer outrage here on the floor, not behind some today to throw a blanket indictment if it pushes through the ban on funding for closed doors, as he implied—is to say on the insurance industry. I know HUD insurance oversight. very simply that HUD should follow many individuals in my home State All this for what? A one-year reprieve? (As the law, a novel concept, perhaps one who work in the industry, and it is my part of an annual budget bill, the insurance that may be a little foreign when one firm belief the vast majority of those funding ban is only for fiscal year 1996, and has perfect, pure motives. But even would need to be renewed annually.) people are decent, hard-working Amer- pure motives do not warrant disregard icans who would join with me and the However receptive the Republican-con- trolled Congress is to business rewrites of of the law. Senator from Maryland and the Sen- legislation, and however large public antip- Section 218 of the VA–HUD appro- ator from Illinois and others in con- athy to poverty and affirmative-action pro- demning this sort of bigotry and dis- priations bill prohibits the use of any grams seems, we feel the overwhelming ma- funds provided by the bill for the appli- crimination. Unfortunately, it is evi- jority of Americans believe in the funda- dence that these sort of abuses do mental principle that all U.S. citizens de- cation of the Fair Housing Act to prop- occur. And the Federal Government serve equal access to the same goods and erty insurance. This provision was also has to do all it can do to enforce the services, including those offered by insurers. included in the House version of the Fair Housing Act as is required under HUD Secretary Henry Cisneros called the bill. In theirs, however, it went farther, current law. insurance funding ban ‘‘an affront to civil and I think that may have been what rights.’’ And the National Association of In- the Senator was addressing. He said I hope my colleagues will set aside surance Commissioners has unequivocally their partisan and political differences you could not even look into the exist- stated that urban poor and minority con- ence of it. We did not say that in our and adhere to a set of principles that I sumers do not have the same access to insur- think we really could all agree on. ance products as their wealthier, suburban bill. That not only includes the principle and white counterparts. This provision, however, is an impor- that every American should be free NAMIC’s vice president of federal affairs, tant means of eliminating duplication from discrimination wherever it may Pamela Allen, says insurers don’t seek to and wasteful expenditures of taxpayers’ occur, but also a commitment and avoid redlining issues or civil rights laws, money. HUD’s Office of Fair Housing dedication to protecting and enforcing but simply want to avoid dual regulation. Perhaps this argument has some merit, but and Equal Opportunity has devoted the civil rights in this country and while the industry may not be looking to substantial resources to regulatory and continuing to battle the various forms avoid redlining or civil-rights oversight, in- other activities aimed at addressing al- of bigotry and discrimination that con- surers certainly appear to be using a legisla- leged property insurance discrimina- tinue to pervade this Nation. tive end-run to keep HUD from trying to rec- tion, purportedly pursuant to the Fair So, I urge my colleagues to reject the tify legitimate insurance redlining and civil- Housing Act. HUD not only has devoted committee language which would quite rights wrongs. its own personnel to these activities, it simply block HUD’s effort to fight in- Fiscally constrained state insurance regu- lators, with less restrictive unfair trade has paid millions of taxpayers’ dollars surance redlining, and I ask support for to fund studies by outside consultants, the amendment. practices laws, do not have HUD’s ability to conduct major probes and extract national to hire large law firms to do investiga- EXHIBIT 1 settlements from large multi-state carriers. tions and to fund enforcement efforts [From the National Underwriter, Aug. 21, NFHA’s Ms. Smith told the National Un- by private groups. HUD’s property in- 1995] derwriter: ‘‘I wish the presidents of the [in- surance activities and efforts to regu- INSURER ATTACK ON HUD COULD BACKFIRE surance] companies would meet with us. late insurance are unwarranted and be- As bald expressions of lobbying muscle go, They are sending subordinates in and they yond the scope of the law, beyond the are not getting a clear picture of the serious- the insurance industry’s recent success in scope of the Fair Housing Act and in cutting off the U.S. Department of Housing ness of the charges against them.’’ and Urban Development’s insurance purse If this is true, then we think insurers are contravention of the McCarran-Fer- strings in the House was certainly impres- jeopardizing their reputations by trying to guson Act. sive. make HUD go away. Instead of stiff-arming Every State and the District of Co- But in the real world—that is, the world consumer and community-housing groups lumbia have laws and regulations ad- outside the D.C. Beltway—the industry’s leg- working with HUD in the process, insurers islative coup may not play as well. should act in good faith to seek out and re- dressing unfair discrimination in prop- A broad coalition of insurers and their as- pair any problems which might exist. erty insurance, and they should be en- sociations—led by the National Association We know it is unlikely the industry will forced. The States are actively enforc- of Mutual Insurance Companies, the Na- back off on this issue as it goes to the Sen- ing these antidiscrimination provi- tional Association of Independent Insurers, ate. But suffice it to say when the next in sions. Certainly, we can urge them to State Farm and Allstate—pushed for lan- the never-ending series of industry op-ed do better, but the law gives that re- guage in this year’s House version of the pieces on improving insurers’ poor public HUD appropriations bill which precludes the sponsibility to the States, and that is image appear on these pages, we think we where the argument should be made. agency from using its funding for any insur- will be able to point out one example of what ance-related matter. That would effectively not to do. The States are employing a wide va- end HUD’s much-feared initiative to set and Mr. FEINGOLD. Mr. President, how riety of measures to ensure neither enforce anti-redlining standards for property much time is remaining? race nor any other factor enters into a insurers. Whatever their antipathies to having HUD The PRESIDING OFFICER. There decision whether to provide a citizen stick its nose in their business, we think this are 18 minutes 13 seconds left for the property insurance. In light of these coalition made a major miscalculation. proponents of the amendment. comprehensive State-level protections,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14358 CONGRESSIONAL RECORD — SENATE September 27, 1995 HUD’s insurance-related activities do back, where it should not be a problem Yes, I live 8 blocks from a public more than add another unnecessary to determine whether cutbacks are ap- housing project. I live around the cor- layer of Federal bureaucracy. The ap- propriate, and that is when HUD’s ac- ner from a shelter for battered women. plication of the Fair Housing Act to tivities go beyond the scope of the law. I live in a Polish community that is property insurance not only unneces- If HUD is not authorized to do it, in also now historic in gentry. sarily duplicates State action, but it fact, is expressly prohibited from doing We have one of the lowest crime also contravenes Congress’ intent re- it, we have said in this bill, ‘‘Don’t rates in Baltimore City. We have one of garding the scope of the law. spend any more money to do it.’’ the lowest auto theft rates in the city. Congress never intended the Fair This would not be in question if HUD We have one of the lowest rates of Housing Act to warrant HUD to regu- had not been going beyond the scope of problems related to fires, theft, rob- late property insurance practices. The the law in spending millions of dollars bery, assault, mayhem, but we pay act expressly governs home sales and already. There is simply no justifica- more. And why? Not because we are rentals and the services that home sell- tion, in a time of scarce resources, good citizens, but because we live in a ers, landlords, mortgage lenders, real when HUD needs to be providing assist- certain zip code. estate providers and brokers provide, ance in housing for those in grave need, Now, hey, at least, though, I can get but it makes no mention whatsoever of to take away from that vital function the insurance. I pay more, perhaps un- the separate service of providing prop- funds that could go for housing and justly, but I pay more, and so do my erty insurance. apply them to insurance-related activi- neighbors. So do those young students ties that duplicate existing comprehen- Indeed, a review of the legislative at the Johns Hopkins School of Public sive State regulations, at the expense history shows that Congress specifi- Health. So do the Polish ladies who be- of the American taxpayer and at the cally chose not to include the sale or long to the Society of Sodality. So do expense of those people who depend underwriting of insurance within the the priests at St. Stanislaus Church, upon federally assisted housing for purview of the act. and so do the people of color who live Further, application of the Fair their shelter. This should be an easy choice for this around us in the neighborhood. Now, I Housing Act to insurance defies Con- do not think that happens to be right. gress’ specific decision 50 years ago body: Provide housing assistance to Also in Baltimore County and Prince that in the area of insurance regula- those who need it, deal with the prob- Georges County we have a rising num- tion, in particular, the States should lems of the homeless, but get HUD out ber of African-American middle-class remain unencumbered by Federal in- of an area where it has no authority, people who have access to home owner- terference. In the McCarran-Ferguson no responsibility and, in fact, has spent ship, often primarily because of what is Act of 1945, Congress determined that millions of dollars beyond its author- in this bill. unless a Federal law ‘‘specifically re- ity. Through the VA and through the lates to the business of insurance,’’ Mr. President, I reserve the remain- FHA, this subcommittee—and I know that law shall not be deemed applicable der of my time. Mr. FEINGOLD. Mr. President, I this chairman has promoted home own- to insurance practices. By applying the yield 10 minutes to the Senator from ership. Now, though we are promoting Fair Housing Act to insurance, HUD Maryland. home ownership on one side of the Fed- simply disregards the fact that the law The PRESIDING OFFICER. The Sen- eral ledger, we are going to deny the does not ‘‘specifically relate to the ator from Maryland. Federal Government’s ability to en- business of insurance.’’ Ms. MIKULSKI. Mr. President, I rise Some argue that HUD’s actions are force antiredlining in property insur- as a very strong cosponsor of the Fein- ance. I do not think that works. justified by court decisions, citing two gold/Moseley-Braun amendment. As appellate court rulings, one in the sev- At a time in our Nation’s history has been stated by the author of the when civil rights violations are univer- enth circuit and one in the sixth cir- amendment, this amendment would cuit. But these decisions do not, in sally rejected by people of conscience, strike the provisions in this bill that and I know 99 other people in this body fact, confirm that the Fair Housing prohibit HUD from enforcing fair hous- Act applies to insurance. Indeed, they who also agree with that, I cannot un- ing laws as they pertain to property in- derstand why the Senate wants this are expressly contradictory in connec- surance. What does that mean? It tion with the Fourth Circuit Court of type of provision. I hope that all Sen- means that the amendment that we are ators will find this provision as unset- Appeals in Mackay. cosponsoring would eliminate the pro- A favored position is that HUD in- tling as I do. I urge my colleagues to hibition that now in the law says that support this amendment. cluded in the 1989 Fair Housing Act HUD will not be able to prevent red- Now, we can talk about States rights. regulations a reference to non- lining in property insurance. discrimination in the provision of prop- The language that is currently in the I will not start the debate here on erty or hazard insurance or dwellings. bill would bar HUD from preventing in- States rights. But the phrase ‘‘States But HUD took this action without ex- surance companies from discriminating rights’’ has been a code word word and pressed legislative authority from Con- on the basis of race, sex, nationality, buzzword for so long under the guise of gress. Unless the Supreme Court should religion, or disability. This has pri- States rights that often there has stood interpret the HUD regulation as giving marily manifested on the issue of race. prejudice in our society. I am not going itself legislative authority, then there Property insurance, as we know, is to bring that up. is no national authority for applying necessary to qualify for a home mort- But what I will bring up is when we the Fair Housing Act to property in- gage loan. Allowing property insurance talk about duplication, about the fact surance. companies to disregard the housing act that States and local governments I believe that the American people could end up denying not only insur- have one set of laws and the Federal want Congress to have the Federal ance to homeowners but actually Government should not duplicate— Government perform those functions it would be an impediment to owning when I was in the Baltimore City Coun- should perform, and it is required by homes themselves. As a Senator who cil, I passed the first legislation in the constitutional law or other practice to has always worked for social justice, I city government to prevent discrimina- do that effectively, to do our job well cannot support the provision currently tion on the basis of disability. Then and to return to State and local gov- in this bill. some 12 years later, we passed a Fed- ernments those activities which are ex- I am directly affected by this. I live eral law. Nobody in the Baltimore City pressly left to the States and local gov- in Baltimore City. I now pay more for Council said, ‘‘Oh, no, BARB, we do not ernments. Regulation of insurance is insurance. I pay more for my property need that because you did this 12 years one of those. insurance. I pay more for my car insur- ago.’’ Well, we needed it there, and we As for the Federal Government, I ance. I pay more not because of who I need it now. When we look at the fact think we have to streamline regulatory am, what I am, but because of my zip that it is the Federal Government that activities, and that means hard code, and there is a prejudice against is promoting home ownership, the Fed- choices. However, there is one area that zip code simply because it is in eral Government has a role in making where Federal spending should be cut Baltimore City. sure the people who benefit from VA

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14359 and FHA can get the property insur- enable them to provide education, outreach, empt from coverage under the Fair ance to protect their property. enforcement and counseling to both citizens Housing Act because of this, that is not I have a letter from the Fair Housing and industry associations on all forms of so. Coalition, and I ask unanimous consent housing discrimination. FHIP-funded organi- The position of the Federal Govern- zations provide training and information to ment and the courts is that the to have it printed in the RECORD. landlords, real estate agents, mortgage lend- There being no objection, the letters ers and other members of the real estate in- McCarran-Ferguson Act does not su- were ordered to be printed in the dustry about their responsibilities and pro- persede or impair Federal authority to RECORD, as follows: tections under the Fair Housing Act. FHIP- enforce the Fair Housing Act. While SEPTEMBER 11, 1995. funded organizations are also the first re- every State has property insurance Hon. BARBARA MIKULSKI, source available to victims of all forms of laws that prohibit unfair discrimina- U.S. Senate, Washington, DC. housing discrimination. Such agency inter- tion, no State law provides the protec- DEAR SENATOR MIKULSKI: We are a group of vention often results in informal resolution tion to insurance consumers equivalent national civil rights and community organi- of complaints so that they never reach HUD to the protection of the Federal Fair zations writing to express our united opposi- or the courts. Housing Act. tion to anti-civil rights provisions passed as The House language goes far beyond ex- Also, the insurance industry claims part of the FY 1996 VA–HUD appropriations empting the insurance industry from HUD enforcement of the Fair Housing Act. It that all minority or ethnic home- bill by the U.S. House of Representatives. owners who are eligible for insurance The first provision exempts an entire indus- eliminates all HUD efforts to ensure that try from complying with basic, civil rights homeowners insurance is provided to every are able to purchase it. Yet investiga- protections under the Fair Housing Act. The American on an equal basis. By defunding tions by the National Fair Housing Al- second defunds the community-based infra- FHIP, the U.S. Congress also would be aban- liance have found that while some mi- structure which undertakes enforcement as doning support for the nonprofits, munici- norities have been able to attain insur- well as preventive efforts to eliminate all palities and universities which undertake en- ance, this coverage is often inferior. In forms of housing discrimination. Together, forcement as well as preventive measures to many instances, they found out that these two provisions go beyond curtailing reduce all forms of housing discrimination. This coalition is united in its belief that African-Americans or Latinos, when HUD’s enforcement activities related to they called an agent, did not receive a homeowners insurance discrimination. guaranteeing equal access to the opportunity of homeownership is a quintessential federal return call or a followup phone call. The House language would bar the U.S. De- Also, insurance companies claim that partment of Housing and Urban Development activity. The availability of homeowners in- from preventing insurance companies from surance is no different than the availability the disclosure of underwriting and pric- discriminating on the basis of race, sex, na- of a home mortgage loan on equal terms. ing mechanisms would violate trade se- tional origin, color, religion, familial status We urge you to continue the bipartisan crets, damaging their profits. But Con- or disability in determining which homes or tradition of supporting the Fair Housing Act necticut requires the filing of the un- homeowners qualify for homeowners insur- by opposing efforts to exempt the insurance derwriting guidelines and makes them ance. Without homeowners insurance, poten- industry from complying with this crucial publicly available, and there is no evi- civil rights protection and by supporting tial homeowners cannot qualify for a home dence that it has a detrimental effect mortgage loan and consequently cannot pur- continued funding for FHIP. Sincerely, on any of the company’s profits. chase or own their own home. Also, the insurance industry claims Discrimination in the provision of home- American Civil Liberties Union. owners insurance continues to plague mid- Bazelon Center for Mental Health Law. that it costs more to provide insurance dle-class, working-class and integrated and Center for Community Change. in urban neighborhoods, which is why minority neighborhoods. Complaints from Lutheran Office for Governmental Affairs. they say it must be so high. While the homeowners, as well as studies and inves- Mexican American Legal Defense and Edu- industry makes that claim, they have tigations demonstrate the current pervasive- cation Fund. never presented any evidence to docu- ness of this problem. For example, a study National Association for the Advancement ment that. The evidence, for example, by the National Association of Insurance of Colored People. NAACP Legal Defense and Educational from the Missouri Insurance Commis- Commissioners found that it is more dif- sion shows that is not true. ficult for residents of minority and inte- Fund, Inc. National Asian Pacific American Legal Because, again, of the activities of grated neighborhoods to obtain insurance the Federal Government to make home coverage and that these homeowners often Consortium. pay more for inferior coverage. Equally dam- National Council of La Raza. ownership available, we now have aging are the extra efforts African-American National Fair Housing Alliance. many of our African-American con- and Latino homeowners must undertake in National Low Income Housing Coalition. stituents living in the suburbs. It is a order to obtain any type of coverage. National Puerto Rican Coalition, Inc. wonderful happening in Maryland. It is The insurance industry responds that mon- National Urban League. exciting to see that. I would hate to see NETWORK: A National Catholic Social itoring of homeowners insurance is the pur- that after working so hard to have ac- view of the states and outside the jurisdic- Justice Lobby. People for the American Way. cess to the American dream, the abil- tion of the Fair Housing Act. However, the ity to get insurance turns into an Sixth and Seventh Circuit Courts of Appeal Ms. MIKULSKI. Mr. President, what American nightmare because of an ac- have determined that HUD has authority to they point out is that the National As- tion taken by the Federal Government investigate insurance discrimination com- sociation of Insurance Commissioners plaints and that the Fair Housing Act pro- that says it is wrong to redline on the found it is more difficult for residents basis of race, gender, national origin, hibits insurance redlining. of minority and integrated neighbor- If this anti-civil rights rider remains, HUD or disability, to be able to get the prop- would be required to suspend all activities hoods to obtain insurance coverage and erty that you worked so hard to get, pertaining to property insurance. Ordinary that these homeowners often pay more and to not be able to have it insured. citizens will be denied the HUD administra- for inferior coverage. Equally dam- Mr. President, I yield the floor. tive process for resolution of their com- aging are the efforts of African-Amer- Mr. WELLSTONE. Mr. President, I plaints. In fact, HUD would be prohibited ican and Latino owners, what they speak today in support of the amend- from continuing the investigation and settle- must undertake in order to obtain any ment offered by Senator FEINGOLD that ment efforts of the 28 insurance discrimina- type of coverage. And if this civil will strike section 218, a provision in tion complaints now pending. The benefits of rights rider would continue, HUD an effective conciliation process will be lost, the bill that would bar HUD from using leaving only the option of costlier, private would be required to suspend most ac- funds to pursue claims of property in- litigation—an option few ordinary citizens tivities pertaining to property insur- surance redlining. I am proud to be a can afford. The ability of society as a whole ance and, in fact, it would even miti- cosponsor of this amendment. to redress the consequences of discrimina- gate solving some of the problems we I want to make it very clear that I tion in homeowners insurance will also be se- face. believe the U.S. Senate should not set riously curtailed because no state insurance I know about the McCarran-Ferguson the precedent of exempting property law provides protection to insurance con- Act. I tried to end discrimination in in- insurance from fair housing laws. The sumers equivalent to the protections of the surance when I was in the House of Senate report accompanying H.R. 2099 Federal Fair Housing Act. The House language also removes the Fair Representatives. I heard enough about states that section 218 ‘‘prohibits the Housing Initiatives Program (FHIP) which that to qualify for law school. But one use of any funds by HUD for any activ- provides funding to nonprofits, municipali- thing I do know is that when the insur- ity pertaining to property insurance.’’ ties and universities across the country to ance industry complains that it is ex- What this means is that HUD could not

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14360 CONGRESSIONAL RECORD — SENATE September 27, 1995 investigate any Fair Housing claims of Fair Housing Act from the Department sound historical reasons for that. We property insurance redlining. If the of Housing and Urban Development to should not make an exception to that provision is not stricken, Americans the Department of Justice. Second, the simple principle. We must not move might be kept from buying houses be- bill bars enforcement of the Fair Hous- backward in the fight to end housing cause they might not be able to get ing Act in the area of housing insur- discrimination. We must ensure, homeowners insurance. I believe that ance redlining. through the pending amendment, that all Americans have the right to home- We have reached an agreement with all Americans have equal access to the owners’ insurance regardless of race or the Senator from Missouri to postpone housing market—without discrimina- ethnicity or the neighborhood where the transfer of enforcement authority tion. they live. while the committees of jurisdiction Mr. BRADLEY. Mr. President, I rise The insurance industry claims that consider this complex question. But in support of the Feingold amendment this type of denial of coverage is not the insurance proposal is still in the to strike the language in this bill bar- taking place, but HUD reports that it bill, and the pending Feingold amend- ring the Department of Housing and continues to process and settle thou- ment would strike it. Urban Development from enforcing the sands of claims of property insurance I was one of the authors of the 1988 Fair Housing Act against insurance redlining. Unfortunately, the practice fair housing amendments, a com- redlining. The language in this bill will of denying coverage to Americans be- prehensive effort to improve and ex- deny the protection of a basic civil cause of the neighborhood they live in pand enforcement of the laws designed rights law to people subject to dis- or the color of their skin is still hap- to protect the civil rights of those crimination by a particular industry. pening. The Wall Street Journal on seeking to buy or rent property. One of Because insurance redlining is a reality September 12, 1995, reported in an arti- the clear purposes of the 1988 act was in America, efforts to eliminate such cle titled, ‘‘Study Finds Redlining Is to end discrimination in the provision discrimination should be aggressively Widespread in Sales of Home-Insurance of property insurance. Since that time, undertaken. Sadly, by stripping HUD Policies,’’ that a ‘‘study by the Fair every court which has addressed the of its enforcement authority, this bill Housing Alliance and other civil rights issue has agreed that the Fair Housing will allow such discrimination to flour- groups found that minority callers to Act covers property insurance dis- ish. insurance agents were often denied crimination. Mr. President, insurance redlining is service or quoted higher rates than The reasoning behind the 1988 amend- a serious problem in this country. Re- white callers seeking insurance for ments is simple. The ability to obtain cently, American Family Mutual In- similar homes in predominately white property insurance is a precondition to surance Co. settled a redlining case by neighborhoods.’’ buying a home. Without property in- paying $16.5 million. The lawsuit was If HUD is barred from investigating surance, a lender will not provide a filed by seven African-American home- claims of property insurance redlining, mortgage. Without a mortgage, most owners in Milwaukee who were either Americans will be denied the protec- Americans would not be able to afford turned down, offered inferior policies, tion of a basic civil rights law. I do not a home. The 1988 fair housing amend- or charged more money for less cov- think that insurance companies should ments were intended to insure that all erage on home insurance policies. The be exempt from property insurance Americans can apply equally for prop- insurance company settled the lawsuit provisions in the Fair Housing Act. erty insurance—without discrimina- after it was discovered that a manager This is a simple amendment that will tion. at the company wrote to an agent who protect all Americans from discrimina- Even today, it is more difficult for was willing to write insurance for Afri- tion by insurance companies when they residents of predominately minority can-Americans: ‘‘Quit writing all those are trying to purchase homeowners in- communities to obtain property insur- Blacks.’’ ance. And when they can secure insur- surance. I want to thank my colleague In addition, Mr. President, the Na- ance, it is often at an inflated price. for offering this important amendment. tional Fair Housing Alliance conducted Mr. KENNEDY. The pending appro- The Department of Housing and Urban a 3-year investigation—partially fund- priations bill would prevent enforce- Development, using the 1988 fair hous- ed with $800,000 from a HUD grant ment of the Fair Housing Act against ing amendments, is successfully work- awarded when Jack Kemp was HUD the insurance industry. I rise in sup- ing to end this fundamental violation Secretary—using white and minority port of the Feingold amendment to of civil rights. We cannot now take a testers posing as middle-class home- strike this ill-considered proposal. step backward and deny millions of owners seeking property insurance cov- Equal access to housing is a right Americans the chance to own their own erage. The test covered nine major cit- guaranteed to all Americans, and the home by making it more difficult for ies and targeted Allstate, State Farm, Fair Housing Act is one of the pillars them to obtain property insurance. of our civil rights laws. Discrimination One effect of this provision would be and Nationwide Insurance. The homes against racial and ethnic minorities to take enforcement of the laws selected were of comparable value, size, seeking to rent or purchase housing is against ‘‘redlining’’ out of Federal age, style, construction, and were lo- just as repugnant as employment dis- hands and effectively leave such en- cated in middle-class neighborhoods. crimination or discrimination in public forcement to the vagaries of State law. The investigation uncovered the fact accommodations. While some States have statutes pro- that discrimination against African- In the wake of the Supreme Court’s hibiting some aspects of discrimination American and Latino neighborhoods Adarand decision, the country is cur- in the provision of property insurance, occurred more than 50 percent of the rently engaged in an important debate these laws do not go as far as the Fair time. Astoundingly, in Chicago, Latino about affirmative efforts to promote Housing Act in preventing discrimina- testers ran into problems in more than the integration of minorities into tion. For example, as of 1993, only 26 95 percent of their attempts to obtain American society. But whatever the States had specific prohibitions on the insurance, while in Toledo, African- outcome of that debate, I had thought offensive practice of insurance red- Americans experienced discrimination that the basic pillars of our civil rights lining. by State Farm 85 percent of the laws—the laws that prohibit discrimi- In addition, no State law provides re- time. While white testers encountered nation against minorities—were not up dress equivalent to the Federal Fair no problems obtaining insurance for grabs in the current Congress. Yet Housing Act. State laws simply do not quotations and favorable rates, Afri- the attack on the Fair Housing Act provide the breadth of coverage or can-American and Latino testers en- embodied in the pending bill raises range of remedies which are currently countered the following problems: doubts about this Congress’ commit- available under Federal law. Why then, Failure by insurance agents to return ment to eradicating discrimination. should we limit the remedies due to repeated phone calls; The bill before us contains two unac- victims of housing discrimination? Failure to provide quote information; ceptable provisions relating to the Fair This Congress has consistently re- Giving preconditions for providing Housing Act. First, it shifts the au- jected efforts to give States exclusive quotes—inspection of property, credit thority to enforce violations of the control over civil rights, and there are rating checks;

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14361 Failure to provide replacement-cost House side, in a letter dated November ple, was the Wisconsin insurance commis- coverage to homes of blacks and 3, 1994 to Secretary Cisneros of HUD, sioner throughout the 8 years during which Latinos; and and Alice Rivlin, said this: the case against American Family was being investigated and litigated? Charging more money to blacks and It is important to note that the Fair Hous- Latinos, while providing less coverage. ing Act does not explicitly address discrimi- In short, Mr. President, the Mr. President, property insurance nation in property insurance. Nor does the antiredlining protections of the Fed- discrimination is illegal under the legislative history that accompanies the act eral Fair Housing Act have provided us Fair Housing Act. Under Secretary indicate any intention to apply these provi- with the ability to have enforcement of Cisneros, HUD has been an active par- sions to business insurance. fair housing laws, have provided us ticipant in enforcing the Fair Housing He went on and added: with the ability to enforce anti- Act and ensuring that property insur- It is also particularly significant because discrimination laws and antiredlining ance discrimination ceases. The insur- the legislative history of the act reveals that laws. Because of that protection, ance industry has been fighting in in 1980, in 1983, 1986, and 1988, Congress spe- Americans are better off; our country court to restrict HUD’s authority to cifically rejected attempts to amend the act is better off. to cover property insurance. enforce insurance redlining. The indus- I plead with my colleagues not to try has not been successful in the judi- So we are going into an area that allow this issue to become one of divi- cial arena in its efforts to stop HUD’s clearly is the jurisdiction of the States. sion among us, but rather to bring us enforcement activities. Thus, the in- I think we are also going into an area together and allow for the protections dustry has now turned to Congress to where we become very, very redundant of the law against redlining, against restrain stepped-up Federal fair lend- on the laws, and putting one on top of discrimination, to continue. ing enforcement efforts. the other probably does not take care I encourage support for the amend- Insurance redlining directly affects of the problem that all of us want to ment of Senator FEINGOLD. the ability of African-Americans, see taken care of. The PRESIDING OFFICER. The Sen- Asians, and Hispanics to purchase a I ask my colleagues, if redundancy is ator from Wisconsin has 6 minutes re- home, because the denial of insurance part of what we are trying to fight out maining. results in the denial of a mortgage in this Government, then maybe we Mr. FEINGOLD. I yield 3 minutes to loan, which in turn results in the in- should take a look and see what we are the senior Senator from Illinois. ability to purchase a home. Mr. Presi- doing here where the States clearly Mr. SIMON. Mr. President, I rise in dent, opponents of affirmative action have jurisdiction. strong support of the Feingold amend- in Congress have argued that strong Mr. President, I yield the floor. I re- ment. enforcement of civil rights laws is the serve the balance of my time. It is very interesting that the Sen- appropriate mechanism to stop dis- Mr. FEINGOLD. I yield to the Sen- ator from Missouri, the senior Senator crimination. However, efforts are now ator from Illinois 4 minutes. from Missouri, mentioned the Ms. MOSELEY-BRAUN. Thank you, underway to strip the one agency that McCarran-Ferguson Act. The Associa- Mr. President. I do not agree with the has been aggressively battling housing tion of Attorneys General of the States Senator’s use of the term ‘‘redun- discrimination of its enforcement au- unanimously wants that repealed. dancy.’’ If anything, this debate is kind thority and remove a whole category of I can remember when Attorney Gen- of de´ja` vu all over again. This is pre- discrimination—insurance redlining— eral Ed Meese, not a flaming radical, cisely the battle lines that were drawn from the reach of the law. This effort testified before the Judiciary Com- in the civil rights debates that hap- needs to be stopped in its tracks. mittee that McCarran-Ferguson ought The PRESIDING OFFICER. Who pened in this very Chamber 30, 40 years to be repealed. yields time? ago, and that I had hoped our Nation When Senator BOND says, ‘‘We do not Mr. BURNS. Mr. President, I want to had moved beyond. support redlining,’’ that is like saying associate myself with the words of the This is an issue of civil rights. This is we do not support going through this chairman of this committee and make an issue of civil rights for all Ameri- red light, but we are not going to ar- a couple of points. cans—not just African Americans, not rest you if you do go through this red Whenever we start talking about just minority Americans, but all Amer- light. That just does not make any Government and Government rules and icans. sense. regulations, first of all I do not think Mr. President, since the passage of I am old enough, Mr. President, to re- anybody deplores discrimination at the Civil Rights Act of 1964 and all member the 1954 school desegregation any stage more than I do. Because we other legislation intended to provide decision by the U.S. Supreme Court, would allow this into this bill will not equality of opportunity to all Ameri- and we thought we were going to move take care of the problems that we seem cans, since that time the Congress has into an integrated society. to be facing in insurance redlining. consistently rejected the argument But our housing pattern has pre- Of course, I still believe in the juris- that the Federal Government should vented the kind of progress that we diction of McCarran-Ferguson. Every leave the enforcement of civil rights to should have. The National Association State and the District of Columbia the exclusive jurisdiction of the States. of Insurance Commissioners recognizes have laws and regulations addressing Members may recall—before my that this is a serious problem. The pat- unfair discrimination in property in- time, certainly—but people may recall tern of housing discrimination is clear. surance. Do we become redundant and the arguments made in the 1960’s about It is probably one of the most blatant put one law on top of another, thinking States rights and how the States areas of discrimination that remains in that the Federal enforcement will be should have exclusive province for en- our society. any better than the State enforce- forcement of civil rights. The Congress When I was a young, green State leg- ment? I think that is a question. stepped in and said, ‘‘No, that is not islator, I was a sponsor of fair housing Congressman KENNEDY over on the correct. We have a very real national legislation to prohibit discrimination, House side offered an amendment to interest in ensuring that all Americans and I remember it was a very emo- strike the language prohibiting HUD have effective remedies for acts of dis- tional issue at that point. I can remem- from promulgating Federal regulations crimination.’’ ber talking to groups and sometimes and it was soundly defeated, bipar- Mr. President, that is precisely what someone would ask the question: Will tisan, by a 266-to-157 margin. this debate is about. As a recent edi- this not lead to mixed marriages? And What we are seeing with this amend- torial stated: I said that I thought all marriages ment is exactly what this Senator and If State laws are effective and States are were mixed marriages. the American people do not want to actively investigating opposing penalties The questioner would respond: Well, see—the Federal Government getting . . . why has every significant legal action that is not exactly what I meant. And been taken by private attorneys or the Fed- involved in something where the States eral Government? Why have such actions of course they would spell out their clearly have jurisdiction. It might sur- been taken almost exclusively under the ju- worry about interracial marriages, and prise you that even Congressman DIN- risdiction of Federal fair housing law and I would say: How many of you in here GELL, former chairman over on the not State insurance codes? Where, for exam- married the boy or girl next door? I

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14362 CONGRESSIONAL RECORD — SENATE September 27, 1995 never, ever had anyone raise their rolled back in the name of insurance mulgate, implement, or enforce any require- hand. Then I said: If you really are con- reform. There is no reason, Mr. Presi- ment or regulation relating to the applica- cerned about racially mixed marriages, dent, why discrimination in insurance tion of the Fair Housing Act to the business then have people move next door; then should be treated any differently than of property insurance. you will solve what you see as a prob- any other form of housing discrimina- That is pretty clear. Maybe they can lem. tion. think about the issue during their cof- The fact is, Mr. President, if we pass Enforcement of the Fair Housing Act fee break, but they are not going to be this without the Feingold amendment, does not involve regulation. Regulation able to do a darned thing about it. Do we are going to make it easier to dis- of rates or other aspects of the insur- not let anyone kid you, this completely criminate. That is the reality. Part of ance business is indeed a State respon- guts HUD’s ability to do something the American dream ought to be to sibility, and no one has argued that about property insurance discrimina- have a home that you like and to be point. tion. able to pay for that home. We should What HUD is obligated to do, and Then there was an attempt, I know in not be denying that dream. That is what it has done under this section of good faith, to suggest that somehow what this bill does without this amend- the law, is to enforce civil rights laws the McCarran-Ferguson Act prevents ment. that prohibit discrimination. No one the Federal Government from taking I hope that we can appeal to some of has offered any valid explanation to this step. Let us look at the plain lan- our colleagues on the other side of the show why this particular industry guage of the Fair Housing Act. The aisle to stand up for civil rights on this should be exempted from civil rights Fair Housing Act, which is also a law issue. We should not take a step back- antidiscrimination laws. of our country just as much as the ward. In the absence of the Feingold McCarran-Ferguson Act, says it is un- Mr. BURNS. Mr. President, I want to amendment, that is what this Congress lawful ‘‘* * * to make unavailable or finish with one point here and then I will be doing. deny housing because of race, and pro- think I will yield some time to the Mr. President, I appeal to my col- hibits discrimination in the provision other side because I think we have leagues that the smokescreen of State of services [in the provision of services] pretty much made our point. rights to regulate insurance is just in connection with the sale of a dwell- When we look at the McCarran-Fer- that in this instance. This is very ing.’’ guson Act, it says: clearly an issue going to the heart of Any American will tell you that No act of Congress shall be construed to in- enforcement of our laws prohibiting homeowners insurance is the provision validate, impair, or intercede any law en- discrimination of all types. of services in connection with the sale acted by any State for the purpose of regu- I hope that my colleagues will sup- of a dwelling. It is clearly within the lating the business of insurance unless such port the attempt by Senator FEINGOLD ambit of that statute and it has been act specifically relates to the business of in- to add back into the law the protec- litigated. It has been litigated in the surance. tions against insurance redlining that legal circuit that both the Senator In other words, what they are saying, his amendment provides. I call on my from Illinois and I live in, the seventh if we want to change the McCarran- colleagues to take a good, close look at circuit. They took up the question of Ferguson Act, it has to be done in free- what is at stake in this debate. We whether the McCarran-Ferguson Act standing legislation. talked. There are a lot of words around prevented the application of the Fair Basically, I will go right back to say all of these issues. But the reality of it Housing Act to property insurance and that we are just adding redundancy. We is that when anyone has to pay more they ruled that in fact it was perfectly are adding another layer of bureauc- for any good or service just because of consistent with and within the provi- racy to try to deal with something the the color of his or her skin, that is a sions of that law. So this, too, is a red States are having success in enforcing. situation that these United States, I herring. It is a red herring that at- I think we are laying one law on top of hope, has moved away from and will tempts to obfuscate the fact that this another law. continue to move away from and will is a direct assault on years and years of Mr. President, I yield 10 minutes of never go back to. To suggest we go trying to do something at the national extra time to the manager on the other back to that under the guise of the slo- level about a widespread national ef- side and I yield back the balance of our ganizing about States rights is short- fort by some elements in the insurance time. sighted, counterproductive, antedilu- industry to prevent honest, hard-work- The PRESIDING OFFICER. Without vian, and I frankly would be stunned if objection, it is so ordered. ing Americans from owning a home. that would be the kind of signal this I have come out to the floor since the The Senator from Wisconsin now has Congress wants to send to the Amer- 13 minutes and 5 seconds. November 8 election and I have voted ican people. to send some powers back to the Mr. FEINGOLD. I yield myself a mo- I therefore express strong support for States. I agree with that sentiment in ment to say that I certainly thank the the Feingold amendment and hope my many areas. I voted for the unfunded Senator from Montana for his great colleagues will do so as well. courtesy in yielding some of his time. I yield the floor. mandate bill. With some concern, I I will now yield 7 minutes to the jun- The PRESIDING OFFICER. The Sen- voted for the Senate version of the wel- ior Senator from Illinois. ator from Wisconsin. fare bill. I voted to let the States de- Ms. MOSELEY-BRAUN. I thank Sen- Mr. FEINGOLD. Mr. President, I cide what the speed limit should be. I ator FEINGOLD. yield myself such time as I require. voted to let the States decide whether Mr. President, I want to also thank I thank the junior Senator from Illi- we should have helmet laws. I voted to the Senator from Montana and the nois not only for her statement, but for let the States decide what the drinking Senator from Wisconsin for yielding her great leadership on this issue. I age should be. I even voted to let them me additional time. I tried to talk fast share her view. I will be stunned if this decide whether or not to have seatbelt because I thought we were under great- body, that has risen to the occasion on laws. But this goes too far. This is ri- er time constraints than we are. I do many instances, actually goes forward diculous, to suggest you simply leave a want to address the whole question of and takes this extremely serious and consistent national pattern of discrimi- regulation. harsh act with regard to the civil nation up to the States. Mr. President, this issue has nothing rights laws of our country. I recently received a letter from to do with regulation. It is about civil There was a suggestion at the begin- James Hall of Milwaukee. Mr. Hall was rights. Enforcement of antiredlining ning by the Senator from Missouri that one of the lead attorneys in the Mil- provisions does not regulate insurance; somehow there would still be an ability waukee redlining case that went to the rather, it prohibits discrimination. It for HUD to do something about this Seventh Circuit Court of Appeals. In works to ensure that insurance, like all problem if we do not reverse this. But this letter, Mr. Hall laid out the rea- other goods and services, is available what the language says in the current sons why the plaintiffs in this case to all citizens regardless of race. committee amendment is: chose the Federal route rather than re- We cannot allow, we should not None of the funds provided in this act will lying on the Wisconsin State laws and allow, civil rights protections to be be used during fiscal year 1996 to sign, pro- courts.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14363 I ask unanimous request that the sion to bring the action in the United States ators in the Chamber who desire to text of the letter be printed in the District Court. We appreciate the efforts of vote? RECORD. yourself, Senator Mosley Braun, and others The yeas and nays resulted—yeas 45, There being no objection, the letter aimed at continuing to allow HUD to have nays 54, as follows: was ordered to be printed in the the ability to have meaningful involvement in this very important area of the law which [Rollcall Vote No. 469 Leg.] RECORD, as follows: affects the lives of millions of Americans. YEAS—45 HALL, PATTERSON & CHARNE, S.C., If I may be of assistance in any way, please Akaka Feingold Levin Milwaukee, WI, September 26, 1995. advise. Baucus Feinstein Lieberman Re: Insurance Redlining. Sincerely, Biden Ford Mikulski Hon. RUSSELL FEINGOLD, JAMES H. HALL, Jr. Bingaman Glenn Moseley-Braun Hart Senate Office Building, Mr. FEINGOLD. Mr. President, this Boxer Graham Moynihan Washington, DC. Bradley Harkin Murray should not be done, even in the name of Breaux Heflin Nunn DEAR SENATOR FEINGOLD: The purpose of Bryan Hollings Pell this letter is to discuss aspects of my in- the Contract With America, which I do not support, but I have supported some Bumpers Inouye Pryor volvement in the lawsuit NAACP, et al. vs. Byrd Johnston Reid American Family Mutual Insurance Company, provisions of this. This really defaces Cohen Kennedy Robb which was filed in United States District the notion of devolution to the States. Conrad Kerry Rockefeller Court for the East District of Wisconsin in Some things still have to be done by Daschle Kohl Sarbanes July 1990 and resulted in a settlement in the Dodd Lautenberg Simon the Federal Government and one thing Dorgan Leahy Wellstone spring of 1995. I understand that you are fa- for sure is combating discrimination in miliar with the terms of the Settlement NAYS—54 Agreement and the involvement of the this country. Mr. President, I urge all my col- Abraham Gorton McCain United States Justice Department in arriv- Ashcroft Gramm McConnell ing at the settlement with the defendant leagues to support this amendment. Bennett Grams Murkowski American Family Insurance Co. How much time remains? Bond Grassley Nickles The attorneys for the plaintiffs (the The PRESIDING OFFICER. There Brown Gregg Packwood NAACP and seven individuals), decided to are 6 minutes and 28 seconds remain- Burns Hatch Pressler commence the action in the United States ing. Campbell Hatfield Roth District Court, as opposed to Wisconsin state Chafee Helms Santorum Mr. FEINGOLD. Mr. President, I Coats Hutchison Shelby courts. There were several reasons for our yield the remainder of my time. Cochran Inhofe Simpson decision and why similarly situated plain- Mr. BOND. Mr. President, I suggest Coverdell Jeffords Smith tiffs may decide to utilize the federal courts: Craig Kassebaum Snowe 1. We believed that the scope and range of the absence of a quorum. D’Amato Kempthorne Specter remedies and relief obtainable under Title The PRESIDING OFFICER. The DeWine Kerrey Stevens VIII in federal court were superior to those clerk will call the roll. Dole Kyl Thomas which we could expect to obtain in state The bill clerk proceeded to call the Domenici Lott Thompson court. There was more precedent in terms of Exon Lugar Thurmond roll. Frist Mack Warner Title VIII litigation and remedies (although Mr. FEINGOLD. Mr. President, I ask not necessarily in the area of insurance red- unanimous consent that the order for NOT VOTING—1 lining). This included the possibility of ad- the quorum call be rescinded. Faircloth vancing a disparate impact theory of proof The PRESIDING OFFICER. Without The PRESIDING OFFICER. If there as opposed to relying totally on having to objection, it is so ordered. prove ‘‘intent.’’ are no other Senators wishing to vote 2. It is very difficult to proceed with com- Mr. FEINGOLD. Mr. President, I ask or change their vote, on the vote the plex litigation while advancing on theories for the yeas and nays. ayes are 45 and the nays are 54. Three- that may or may not hold water. For in- The PRESIDING OFFICER. Is there a fifths of the Senators duly chosen and stance, the District Court dismissed one of sufficient second? sworn not having voted in the affirma- the plaintiffs’ causes of action based on state There is a sufficient second. tive, the motion is rejected. insurance law, finding that it was not clear The yeas and nays were ordered. The point of order is sustained and that the state law intended a private cause Mr. FEINGOLD. Mr. President, I sug- of action. It is likely that litigants pursuing the amendment falls. gest the absence of a quorum. Mr. BOND. I move to reconsider the theories under state law will find themselves The PRESIDING OFFICER. The vote. in uncharted waters advancing causes of ac- clerk will call the roll. tion without precedent when proceeding Mr. DOLE. I move to lay that motion The bill clerk proceeded to call the under various state statutes. Fortunately, in on the table. roll. our case, we had other causes of action, in- The motion to lay on the table was cluding the Fair Housing Act claim, which Mr. BOND. Mr. President, I ask unan- imous consent that the order for the agreed to. survived. Mr. DOLE. I suggest the absence of a 3. While the McCarran-Ferguson Act could quorum call be rescinded. have potentially created a problem, we ad- The PRESIDING OFFICER. Without quorum. vanced the theory (and the Seventh Circuit objection, it is so ordered. The PRESIDING OFFICER. The Court of Appeals agreed), that the Fair Hous- Mr. BOND. Mr. President, I move to clerk will call the roll. ing Act provisions are consistent with the table the Feingold amendment. I ask The assistant legislative clerk pro- provisions of the Wisconsin statutes out- ceeded to call the roll. lawing insurance discrimination. Accord- for the yeas and nays. The PRESIDING OFFICER. Is there a Mr. BOND. Mr. President, I ask unan- ingly, the McCarran-Ferguson Act was not imous consent that the call for the found to have been violated. However, there sufficient second? may be serious questions concerning the There is a sufficient second. quorum be dispensed with. ability to proceed in states which enact leg- The yeas and nays were ordered. The PRESIDING OFFICER. Without islation providing, for instance, that state AMENDMENT NO. 2788 objection, it is so ordered. statutes are the exclusive remedy for dis- The PRESIDING OFFICER. Under AMENDMENT NO. 2789 crimination. (It is doubtful that any state the previous order, the question occurs Mr. BOND. I ask unanimous consent would pass legislation which is outright in- on the motion to waive the Congres- that the vote ordered for amendment consistent with the federal Fair Housing No. 2789 be vitiated and that the mo- Act, for instance, providing that insurance sional Budget Act for the consideration discrimination is lawful.) of amendment number 2788 offered by tion to table be withdrawn. 4. Another consideration involves the situ- the Senator from New Jersey [Mr. LAU- We are prepared to accept the amend- ation a national or regional insurer conducts TENBERG]. On this question, the yeas ment on this side. business in several states. In order to mean- and nays have been ordered, and the The PRESIDING OFFICER. Without ingfully address that insurer’s practices, it clerk will call the roll. objection, it is so ordered. may be necessary to commence litigation in The bill clerk called the roll. The question occurs on agreeing to each of the various states. It is much more Mr. LOTT. I announce that the Sen- the amendment. convenient and cost-effective to be able to utilize the federal system. ator from North Carolina [Mr. FAIR- So the amendment (No. 2789) was All of the above reasons, but in particular, CLOTH] is necessarily absent. agreed to. uncertainties about the burdens of proof and The PRESIDING OFFICER (Mr. Mr. BOND. I move to reconsider the the scope of remedies, resulted in our deci- SANTORUM). Are there any other Sen- vote.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14364 CONGRESSIONAL RECORD — SENATE September 27, 1995 Ms. MIKULSKI. I move to lay that words about the pretreatment program ting them into the sewer. That is why motion on the table. under the Clean Water Act, our most the program is called pretreatment. The motion to lay on the table was successful environmental law. Pollution control equipment is in- agreed to. The subject we are discussing is sew- stalled at the industrial plant and it is Mr. CHAFEE addressed the Chair. age treatment. Prior to enactment of operated to remove pollutants such as The PRESIDING OFFICER. The Sen- the Clean Water Act, one of our Na- metals and sediment or to neutralize ator from Rhode Island. tion’s most serious water pollution pollutants including acids and caustics AMENDMENT NO. 2790 TO COMMITTEE AMEND- problems was the discharge of un- before the wastewater is put into the MENT ON PAGE 143, LINE 17 THROUGH PAGE 151, treated sewage—domestic waste col- sewer. LINE 10 lected from homes, workplaces and This is the background for this Mr. CHAFEE. Mr. President, I have other institutions—collected by sewers amendment. The Clean Water Act has an amendment that has been agreed to and quite often discharged without fostered a very successful program to by the managers. treatment to lakes, rivers and streams. treat domestic sewage. An essential I ask consent that the pending com- Untreated sewage creates a host of part of this program is a requirement mittee amendments be set aside in problems. It presents health hazards to for pretreatment of industrial waste- order to consider the committee those who would use the water for water before it is put into the sewer amendment on page 143, line 17. recreation or fishing. The nutrients in and sent to the sewage treatment The PRESIDING OFFICER. Is there the sewage promote the growth of plant. Substantial reductions in the objection? algae that robs the water of oxygen toxic pollution of our rivers and lakes Without objection, it is so ordered. needed by the fish and other organisms have been achieved by the cities that Mr. CHAFEE. Mr. President, I send living in the water. And the loading of operate pretreatment programs. an amendment to the desk. sediments and toxic chemicals can kill Let me break down the argument for The PRESIDING OFFICER. The birds and other wildlife depending on the pretreatment program into four clerk will report the amendment. The assistant legislative clerk read the aquatic environment for food and points. as follows: habitat. First, the pretreatment program pro- So, in 1972 we committed the Nation tects sewage treatment plants from The Senator from Rhode Island [Mr. to solving this problem by building a damage by these industrial chemicals. CHAFEE] proposes an amendment numbered 2790 to the committee amendment on page series of municipal sewage treatment The toxics in industrial waste can 143, line 17 through page 151, line 10. plants. We have invested more than interfere with the chemical and bio- Mr. CHAFEE. Mr. President, I ask $120 billion—more than $65 billion of logical processes used by the central- unanimous consent that reading of the that in Federal dollars—to build, 16,000 ized sewage treatment plant. amendment be dispensed with. sewage treatment plants across the Second, because sewage treatment The PRESIDING OFFICER. Without country. They remove the sludge from plants are not designed to treat many objection, it is so ordered. the water. They clarify the water be- of these industrial wastes—the plant The amendment is as follows: fore it is discharged. They kill the merely passes the waste along to the On page 150, strike lines 12 through 24, and pathogenic organisms in the sewage environment—pretreatment is required insert the following: ‘‘for this fiscal year and that would otherwise spread disease. before the discharge. Treatment before hereafter, an industrial discharger that is a And they dramatically reduce the nu- the discharge is much more efficient pharmaceutical manufacturing facility and trient loadings. because it occurs before the industrial discharged to the Kalamazoo Water Rec- It has been a big success. For in- waste from one plant is mixed with all lamation Plant (an advanced wastewater stance, you hear that Lake Erie was the other material that goes into the treatment plant with activated carbon) prior brought back from the dead or that the sewer. to the date of enactment of this Act may be At the industrial plant you have a exempted from categorical pretreatment Potomac River is once again a place for standards under section 307(b) of the Federal recreation. That is the result of the very concentrated waste stream. Ap- Water Pollution Control Act, as amended, if Clean Water Act and these sewage plying control equipment to that the following conditions are met: (1) the treatment plants. stream can remove substantially all of owner or operator of the Kalamazoo Water One essential part of this effort under the toxic agents. But put that waste Reclamation Plant applies to the State of the Clean Water Act is called the into the sewer untreated and mix it Michigan for an exemption for such indus- pretreatment program. Sewage treat- with millions of gallons of wastewater trial discharger, (2) the State or Adminis- ment plants receive more than domes- from homes and workplaces and it is trator, as applicable, approves such exemp- tic waste for our homes and work- much more difficult to remove the tion request based upon a determination that the Kalamazoo Water Reclamation places. They also receive billions of toxic constituents. Plant will provide treatment and pollution gallons of industrial wastewater. It stands to reason that a treatment removal consistent with or better than Tens of thousands of manufacturing method applied to a small con- treatment and pollution removal require- plants and commercial businesses centrated waste stream will be more ments set forth by the Environmental Pro- dump the waste from their processes effective and less costly than attempt- tection Agency, the State determines that into the sewer. These industrial dis- ing to remove the same amount of ma- the total removal of each pollutant released charges contain hundreds of different terial diluted in a large quantity of into the environment will not be lesser than kinds of pollutants—industrial sol- wastewater. the total removal of such pollutants that Third, the pretreatment program would occur in the absence of the exemption, vents, toxic metals, acids, caustic and (3) compliance with paragraph (2) is ad- agents, oil and grease, and so on. simplifies the task we face under the dressed by the provisions and conditions of a Sewage treatment plants are not gen- Clean Water Program. It would be vir- permit issued to the Kalamazoo Water Rec- erally designed to handle all of these tually impossible to set pollution lamation Plant under section 402 of such industrial chemicals. In fact, the indus- standards for every single chemical Act, and there exists an operative.’’ trial discharges can cause severe dam- that is discharged to the environment. Mr. CHAFEE. Mr. President, this age to sewage treatment plants. And To know what impact a particular deals with a pharmaceutical plant in even where the plant is not damaged by chemical has on a particular waterbody Kalamazoo, MI, and the pretreatment the industrial chemicals, the plant is a question that may take years of requirements for that plant. We are does not treat the toxics—it does not study to answer—for that one chemical amending the underlying language that destroy them—it merely passes them and one lake or stream. To know how is in the bill. through to the water or to the land hundreds of different industrial chemi- This amendment has been agreed to where the sludge from the plant is dis- cals affect the aquatic environments by those involved, such as the distin- posed. receiving pollution from the 16,000 dif- guished junior Senator from Michigan Because of these problems with in- ferent sewage treatment plants is a and the senior Senator from Michigan, dustrial waste, Congress established challenge way beyond the best science as well as the managers of the bill. the pretreatment program under the we have today. Mr. President, let me set the stage Clean Water Act. It requires that in- We get around this impossible task for this amendment by saying a few dustries treat their wastes before put- by asking that those who discharge

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14365 their industrial wastes to our rivers Second, the amendment would re- not, the question is on agreeing to the and lakes—and to the sewage treat- quire EPA to determine that treatment amendment. ment plants that discharge to our riv- by the Kalamazoo sewage plant is truly The amendment (No. 2790) was agreed ers and lakes—use the best available effective as the national standard. The to. pollution control technology before the exemption would be conditioned on a Mr. BOND. Mr. President, I move to waste leaves their plant. finding that the total loading of all reconsider the vote by which the And fourth, the pretreatment pro- pollutants to the environment through amendment was agreed to. gram establishes a uniform level of the air, surface water, ground water Mr. CHAFEE. I move to lay that mo- controls across the whole Nation. It is and to agricultural and residential tion on the table. no secret that the States and cities of lands would not be greater under the The motion to lay on the table was our country are in daily competition to exemption than it would be if the phar- agreed to. attract and hold jobs. One factor in lo- maceutical plant complied with the na- Mr. BINGAMAN addressed the Chair. cating a new business is the regulatory tional standard. climate that applies in a State or city. The PRESIDING OFFICER. The Sen- With respect to determining compli- ator from New Mexico. It is cheaper to do business where the ance, the State of Michigan should as- AMENDMENT NO. 2791 regulations are not so strict. sume that the Kalamazoo plant is oper- Prior to the Clean Water Act, many ating at discharge levels consistent (Purpose: To make an amendment relating States had difficulty establishing effec- to housing assistance to residents of with the technology requirements and colonias) tive pollution control programs be- other requirements of the law includ- Mr. BINGAMAN. Mr. President, I cause of their fear that business would ing water quality based limitations in- move elsewhere. A State putting on send an amendment to the desk. corporated into the permit. Any re- tight controls to cleanup a lake or The PRESIDING OFFICER. If there movals achieved beyond this level are river faced the prospect that its em- is no objection, the pending committee available to offset the reductions that ployers would flee across the State line amendments are set aside, and the would otherwise have been achieved by to keep production costs down. That clerk will report the amendment. the pharmaceutical plant. fear was in part removed when the If the argument made for this rider is The assistant legislative clerk read Clean Water Act established a uniform correct—that the Kalamazoo treat- as follows: level of treatment required of all ment plant protects the environment The Senator from New Mexico [Mr. BINGA- plants in each industry all across the with respect to the wastes from indus- MAN], for himself, Mrs. HUTCHISON, and Mr. Nation. Standards issued by EPA under trial sources as well as any national DOMENICI, proposes an amendment numbered the pretreatment program that apply 2791. regulation could—well then, the phar- to all the plants in an industry all maceutical plant could get its exemp- Mr. BINGAMAN. Mr. President, I ask across the country relieve some of the unanimous consent that reading of the pressure on States that want to have tion. If that showing cannot be made, then the pretreatment program that amendment be dispensed with. good programs of their own. The PRESIDING OFFICER. Without So, that is the background for this will apply to all of the rest of the phar- maceutical industry, would apply in objection, it is so ordered. amendment. The pretreatment pro- The amendment is as follows: gram is a very sensible part of a very this case, too. successful national effort to reduce the Mr. President, I urge the adoption of On page 40, line 17, insert before the period the following: ‘‘: Provided further, That sec- adverse effects of sewage discharged to this amendment. Mr. BOND addressed the Chair. tion 916 of the Cranston-Gonzalez National our lakes, rivers and estuaries. I think Affordable Housing Act shall apply with re- the Clean Water Act has been our most The PRESIDING OFFICER. The Sen- ator from Missouri. spect to fiscal year 1996, notwithstanding successful environmental law and it section 916(f) of that Act’’. Mr. BOND. Mr. President, I thank the has succeeded because of the tech- Mr. BINGAMAN. Mr. President, I rise nology-based controls that have been distinguished chairman of the Environ- ment and Public Works Committee and today to propose an amendment with put on industrial discharges through my colleagues Senator HUTCHISON and programs like the pretreatment pro- the two Senators from Michigan for working to make sure that this amend- Senator DOMENICI. This amendment gram. would extend for 1 year the authority Mr. President, there is a rider in this ment does precisely what it was in- of the Secretary to require a set aside bill that would exempt some industrial tended to. of up to 10 percent of a United States- dischargers in the city of Kalamazoo I believe the refinements in the Mexico border State’s community de- from the requirements of the amendment have been worked out to velopment block grant allocation, as pretreatment program in the Clean the satisfaction of all parties. We think under section 916 of the Cranston-Gon- Water Act. The Kalamazoo sewage the objective is a good objective. We zalez National Affordable Housing Act treatment plant is designed to achieve are prepared to accept the measure on of 1990, for colonias. The colonias pro- advanced treatment and to handle this side. some of the wastes that are sent to it The PRESIDING OFFICER. Is there vision has been in effect in every year by industrial facilities. Because of this further debate on the amendment? following the passage of the Cranston- advanced capacity, it may be that Mr. ABRAHAM addressed the Chair. Gonzalez Act in the 101st Congress, some industry waste streams in Kala- The PRESIDING OFFICER. The Sen- allow the original authorization lapsed mazoo can be handled at the sewage ator from Michigan. in 1994. It is not a change in the status treatment plant and without the need Mr. ABRAHAM. Mr. President, I add quo, and has no budget impact. Al- for pretreatment at the industrial fa- my thanks to the chairman of the com- though section 916 of Cranston-Gon- cility. The purpose of the rider is to re- mittee, the Senator from Rhode Island, zalez requires States to make 10 per- duce compliance costs by waiving re- who has worked very hard with us to cent of CDBG funds available for dundant treatment requirements. try to find language that will allow colonias, in cases like New Mexico and I am concerned, however, on two this project to go forward, to try to California, where the full 10 percent points which I have addressed in the save the taxpayers of Kalamazoo, MI, has not been utilized each year, HUD amendment that is now the pending from having to build an almost iden- has allowed States to reallocate the business. My amendment would not tical water treatment facility to the funds within the State. The point is eliminate the exemption. But it would one that already exists to deal with that the funding is there. tighten it up in these two ways. problems at the existing facility. We For my colleagues not familiar with First, it would only allow exemptions appreciate that. colonias, these are distressed, rural, in Kalamazoo for pharmaceutical We will continue to move forward and predominantly unincorporated plants already located there. If the and continue to work with the Senator communities located within 150 miles Senate adopted my amendment we from Rhode Island to make sure this of the United States-Mexico border. would not be providing an exemption project successfully stays on track. Texas has documented well over 1,100 for all of the industrial facilities in The PRESIDING OFFICER. Is there colonias, while my State of New Mex- Kalamazoo. further debate on the amendment? If ico has over 30. They are often created

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14366 CONGRESSIONAL RECORD — SENATE September 27, 1995 when developers sell unimproved lots, percent of the State’s share of CDBG [Applause.] and using sales contracts, retain title money for housing in colonias. The Mr. President, I ask unanimous con- until the debt on the property is fully conference report did not specify, sent that a list of the delegation be paid. They often do not have adequate ‘‘colonias,’’ but instead, folded that printed in the RECORD. water and sewage access. commitment into $400 million for a There being no objection, the list was These conditions create a serious number of new initiatives. ordered to be printed in the RECORD, as public health, safety, and environ- That money came under a sunset pro- follows: mental risk to the border regions. Per- vision. It requires new action to con- DELEGATION OF THE EUROPEAN PARLIAMENT haps more importantly, they represent tinue the formal commitment from us MEMBERS OF THE DELEGATION OF THE third-world conditions in the United at the Federal level. EUROPEAN PARLIAMENT States. I believe, and the Secretary of This does not involve any new or ad- Mr. Alan Donnelly, Chairman, Party of the HUD agrees, that we must make the ditional funds. European Socialists, United Kingdom. eradication of such conditions within It is merely a statement of urgent Ms. Karla Peijs, Vice Chairman, European the United States a national priority. priority that these funds be available People’s Party, Netherlands. It is my hope that my colleagues will for housing in the colonias upon appli- Mr. Javier Areitio Toledo, European Peo- accept this amendment, addressing the cation. ple’s Party, Spain. problems of the colonias has been a na- This money only comes from the bor- Ms. Mary Banotti, European People’s der States’ shares. It does not impinge Party, Ireland. tional priority, and I believe that it Mr. Laurens Jan Brinkhorst, European should remain one. on any other States or their resources. Liberal Democratic and Reformist Party, I yield the floor. Mr. President, I urge we reaffirm Netherlands. Mr. BOND addressed the Chair. that commitment to the people of the Mr. Bryan Cassidy, European People’s The PRESIDING OFFICER. The Sen- colonias that they are truly a part of Party, United Kingdom. ator from Missouri. American society and America’s prior- Mr. Jean-Pierre Cot, Party of European Mr. BOND. Mr. President, I know ities. Socialists, France. that this amendment is supported by I urge my colleagues to support the Mr. Gerfrid Gaigg, European People’s Senators on this side, the Senator from Bingaman-Hutchison amendment. Party, Austria. New Mexico and the junior Senator Ms. Ilona Graenitz, Party of European So- Mr. BOND. Mr. President, I suggest cialists, Austria. from Texas. We are making inquiry to we proceed to a vote. Ms. Inga-Britt Johansson, Party of Euro- determine whether they wish to speak The PRESIDING OFFICER. Is there pean Socialists, Sweden. on this amendment. further debate on the amendment? If Mr. Mark Killilea, Union for Europe Group, Mrs. HUTCHISON addressed the not, the question is on agreeing to the Ireland. Chair. amendment. Ms. Irini Lambraki, Party of European So- The PRESIDING OFFICER. The Sen- The amendment (No. 2791) was agreed cialists, Greece. ator from Texas is recognized. to. Mr. Franco Malerba, Union for Europe Mrs. HUTCHISON. Mr. President, I Mr. BOND. Mr. President, I move to Group, Italy. wish to add my statement in support of Ms. Bernie Malone, Party of European So- reconsider the vote by which the cialists, Ireland. Senator BINGAMAN’s amendment of amendment was agreed to. Mr. Gerhard Schmid, Party of European which I am a cosponsor. I do appreciate Mr. BINGAMAN. I move to lay that Socialists, Germany. this 10 percent set-aside for the motion on the table. Mr. Josep Verde I Aldea, Party of Euro- colonias. Colonias are places that we The motion to lay on the table was pean Socialists, Spain. did not know existed in America. You agreed to. To be determined, European People’s would not believe it. I have walked in Mr. DOLE addressed the Chair. Party. a colonia. They are places that people The PRESIDING OFFICER. The ma- SECRETARIAT, INTERPARLIAMENTARY live that do not have good water, and jority leader. DELEGATIONS they do not have sanitary systems or f Dr. Manfred Michel, Director-General for sewage treatment. They are terrible. External Relations. VISIT TO THE SENATE BY MEM- What we are we doing with this EUROPEAN COMMISSION DELEGATION BERS OF THE EUROPEAN PAR- amendment is to say that it is a pri- Mr. Jim Currie, Charge d’Affaires, Euro- ority for our country to clear those LIAMENT pean Commission. places up so that every American has Mr. DOLE. Mr. President, I am hon- Mr. Bob Whiteman, Head of Congressional the ability to live in sanitary, basically ored to have the opportunity to wel- Affairs, EC Delegation. clean conditions. I support the amend- come, on behalf of the entire Senate, a f ment. I appreciate Senator BOND tak- distinguished delegation from the Eu- ing this amendment for us to make ropean Parliament here for the 43d Eu- RECESS sure that we serve the people in need. ropean Parliament and U.S. Congress Mr. DOLE. Mr. President, I ask unan- The issue of designating a portion of interparliamentary meeting. imous consent that the Senate stand in border States’ CDBG money for hous- Led by Mr. Alan Donnelly from the recess so that we may personally greet ing is one of giving proper recognition United Kingdom and Ms. Karla Peijs of Members of the European Parliament. and emphasis to the development needs the Netherlands, the 18-member delega- There being no objection, the Senate, of severely distressed, rural and mostly tion is here to meet with Members of at 1:40 p.m., recessed until 1:44 p.m.; unincorporated settlements located Congress and other American officials whereupon, the Senate reassembled along the United States-Mexico border. to discuss matters of mutual concern. when called to order by the Presiding No doubt about it, the European Par- Colonias are located within 150 miles of Officer (Mr. SANTORUM). the Mexican border, in the States of liament plays a pivotal role in shaping Arizona, California, New Mexico, and the new Europe of the 21st century. f Texas. There are many challenges ahead—as- Texas has the longest border with sisting the new democracies as they DEPARTMENTS OF VETERANS AF- Mexico of any state. build free-market economies and defin- FAIRS AND HOUSING AND URBAN In 1993, Texas reported the existence ing relations with Russia, among them. DEVELOPMENT, AND INDE- of 1,193 colonias with an estimated pop- Continued contact and good relations PENDENT AGENCIES APPROPRIA- ulation of 279,963 people. In 1994, New between the European Parliament and TIONS ACT, 1996 Mexico reported 34 colonias, with a the U.S. Congress are essential in de- The Senate continued with the con- population of 28,000 residents. veloping better economic ties with Eu- sideration of the bill. Senator BINGAMAN and I believe it rope and in reinforcing our common Mr. CHAFEE. Mr. President, I ask important to formally recognize the goals. unanimous consent that the pending scale of this challenge. I ask my colleagues to join me in committee amendments be set aside. For fiscal year 1995, VA, HUD appro- welcoming our distinguished guests The PRESIDING OFFICER. Without priations report language specified 10 from the European Parliament. objection, it is so ordered.

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