June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4913

The CHAIRMAN. Is there objection 1999, and for other purposes, which was Mr. MCDADE. Mr. Chairman, I yield to the request of the gentleman from referred to the Union Calendar and or- myself such time as I may consume. California? dered to be printed. I rise in support of the energy and There was no objection. The SPEAKER pro tempore. All water bill making appropriations for The CHAIRMAN. Are there any points of order are reserved on the bill. fiscal year 1999. I want to point out to amendments? f my colleagues that this bill was re- If not, the Clerk will read the last ported about a week ago unanimously two lines of the bill. REPORT ON H.R. 4104, TREASURY by the Committee on Appropriations, The Clerk read as follows: DEPARTMENT, and just about a week before that it This Act may be cited as the ‘‘Military POSTAL SERVICE, EXECUTIVE was also reported unanimously by our Construction Appropriations Act, 1999’’. OFFICE OF THE PRESIDENT AND subcommittee. The CHAIRMAN. If there are no fur- INDEPENDENT AGENCIES APPRO- We in the subcommittee had a tre- ther amendments, pursuant to the rule, PRIATION ACT, 1999 mendous challenge this year, a tough the Committee rises. Mr. LIVINGSTON, from the Commit- bill, difficult to work, primarily be- Accordingly, the Committee rose; tee on Appropriations, submitted a cause we had a budget that was inad- and the Speaker pro tempore (Mr. BE- privileged report (Rept. No. 105–592) on equate. REUTER) having assumed the chair, Mr. the bill (H.R. 4104) making appropria- I do not believe there was a scintilla PEASE, Chairman of the Committee of tions for the Treasury Department, the of doubt among the membership that the Whole House on the State of the United States Postal Service, the Exec- when we saw the budget for the Corps Union, reported that that Committee, utive Office of the President, and cer- of Engineers particularly we knew that having had under consideration the bill tain Independent Agencies, for the fis- we could not execute it. But the Mem- (H.R. 4059) making appropriations for cal year ending September 30, 1999, and bers hunkered down, on both sides of military construction, family housing, for other purposes, which was referred the aisle, and re-wrote this bill, Mr. and base realignment and closure for to the Union Calendar and ordered to Chairman, from the bottom up. We re- the Department of Defense for the fis- be printed. ordered priorities, we focused resources cal year ending September 30, 1999, and The SPEAKER pro tempore. All on areas of investment promising the for other purposes, pursuant to House points of order are reserved on the bill. greatest returns, we demanded greater Resolution 477, he reported the bill f efficiencies, and produced a bill that in back to the House. my view is both fiscally responsive and The SPEAKER pro tempore. Under GENERAL LEAVE protective of so many interests within the rule, the previous question is or- Mr. MCDADE. Mr. Speaker, I ask the jurisdiction of the Subcommittee dered. unanimous consent that all Members on Energy and Water Development. The question is on the engrossment may have 5 legislative days in which to Total spending on the bill is $20.65 and third reading of the bill. revise and extend their remarks on the billion. That represents a reduction of The bill was ordered to be engrossed bill, H.R. 4060, making appropriations $80 million from fiscal year 1998 and and read a third time, and was read the for energy and water development for $649 million below the budget request. third time. the fiscal year ending September 30, Of the total amount, $11.8 billion, just about 60 percent of every penny spent b 1715 1999, and for other purposes, and that I be permitted to include tabular and ex- in this bill, is for the atomic energy de- The SPEAKER pro tempore (Mr. BE- traneous material. fense activities of the Department of REUTER). The question is on the pas- The SPEAKER pro tempore. Is there Energy. The remaining $8.7 billion is sage of the bill. objection to the request of the gen- for domestic programs, and it rep- Pursuant to clause 7 of rule XV, the tleman from ? resents a decrease of $473 million from yeas and nays are ordered. There was no objection. the current fiscal year and $284 million Pursuant to clause 5 of rule I, further f from the budget request. proceedings are postponed until later Mr. Chairman, I just want to point today. ENERGY AND WATER DEVELOP- out to my colleagues in the House that f MENT APPROPRIATIONS ACT, in reordering those priorities that we 1999 talked about, we looked at highly sig- GENERAL LEAVE The SPEAKER pro tempore. Pursu- nificant projects that we could com- Mr. PACKARD. Mr. Speaker, I ask ant to House Resolution 478 and rule plete in an efficient and effective way. unanimous consent that all Members XXIII, the Chair declares the House in My colleagues will see this bill unani- may have 5 legislative days within the Committee of the Whole House on mously appropriating $63 million for which to revise and extend their re- the State of the Union for consider- the Los Angeles harbor project, and $60 marks on the bill (H.R. 4059) making ation of the bill, H.R. 4060. million for the Houston-Galveston appropriations for military construc- navigation project, and $60 million for tion, family housing, and base realign- b 1718 the L.A. County drainage area project, ment and closure for the Department IN THE COMMITTEE OF THE WHOLE where human lives are at stake and of Defense for the fiscal year ending Accordingly, the House resolved where people of lower incomes have September 30, 1999, and for other pur- itself into the Committee of the Whole been forced to pay ever-rising insur- poses, and that I may include tabular House on the State of the Union for the ance costs to try to stay in their and extraneous material. consideration of the bill (H.R. 4060) homes. The SPEAKER pro tempore. Is there making appropriations for energy and We have completed a work that rep- objection to the request of the gen- water development for the fiscal year resents a togetherness on the sub- tleman from California? ending September 30, 1999, and for committee and on the full committee, There was no objection. other purposes, with Mr. BARRETT of and that respects the necessary pro- f Nebraska in the chair. grams to keep this Nation strong. The Clerk read the title of the bill. There is, as far as I know, and I think REPORT ON H.R. 4103, DEPART- The CHAIRMAN. Pursuant to the I can speak with authority, no dissent MENT OF DEFENSE APPROPRIA- rule, the bill is considered as having from any member of the committee on TIONS ACT, 1999 been read the first time. this bill. I hope that all Members will Mr. LIVINGSTON, from the Commit- Under the rule, the gentleman from support this bill. tee on Appropriations, submitted a Pennsylvania (Mr. MCDADE) and the Mr. Chairman: I rise in support of the En- privileged report (Rept. No. 105–591) on gentleman from Texas (Mr. EDWARDS) ergy and Water Development Appropriations the bill (H.R. 4103) making appropria- each will control 30 minutes. Bill for fiscal year 1999. The bill was reported tions for the Department of Defense for The Chair recognizes the gentleman without dissent by the Committee on Appro- the fiscal year ending September 30, from Pennsylvania (Mr. MCDADE). priations last Tuesday, June 16. H4914 CONGRESSIONAL RECORD — HOUSE June 22, 1998 The Committee has facedÐand, I believe, les County Drainage Area project; $15 million commitment is to cleaning up the environ- has metÐa tremendous challenge in assem- for construction and operation and mainte- mental degradation that is the legacy of dec- bling a responsible bill within the constraints of nance of the Boston Harbor project; and doz- ades of nuclear weapons production. The bill a significantly reduced allocation for domestic ens more. provides over $6.3 billion for environmental discretionary programs. By reordering budg- By focusing on the traditional and vital mis- restoration and waste management activities etary priorities, focusing resources on areas of sions of flood control, navigation and shoreline of the Department of Energy. investment promising the greatest returns, and protection, the Commission has drawn a sharp The non-defense activities of the DOE are demanding greater efficiencies from program distinction between its priorities and those of funded at or near fiscal year 1998 levels. One managers, we have produced a bill that is the Administration. Still, we labored under seri- notable exception is funding for domestic both fiscally responsible and protective of the ous budget constraints, and as a con- science programs, which were increased by vital services within the jurisdiction of the Sub- sequence, we were unable to fund new starts $164 million (or 7 percent) to provide first year committee on Energy and Water Develop- in the Construction, General account of the funding for construction of the Spallation Neu- ment. Corps of Engineers. tron Source in Tennessee, and additional Total spending in the bill is $20.65 billion, a The Committee acknowledges that there are funding to operate existing science facilities. reduction of $80 million from fiscal year 1998 many very worthy projects that were unable to and $649 million from the budget request. Of receive funding because of the Administra- Title IV of the bill funds independent agen- the total amount, $11.8 billionÐapproximately tion's opposition to beach renourishment cies. The amount in Title IV is $103 million, a 60 percent of the total spending in the billÐis projects and its failure to include sufficient decrease of $175 million from the budget re- for the atomic energy defense activities of the funding in the budget for a viable civil works quest and $396 million from the budget re- Department of Energy. The remaining $8.7 bil- program. The Committee would have liked to quest. There are two principal components of lion for domestic programs represents a de- provide funding for worthy projects, like the this sizable reduction. First, the Committee crease of $473 million from the current fiscal Brevard County Shoreline Protection project. recommendation includes no new funding for year and $284 million from the budget re- The Federal government has an obligation to the highway program of the Appalachian Re- quest. address problems that have arisen because of gional Commission. Funding for that program Although the Committee faced severe budg- Corps projects, like the erosion along Brevard will now come from the Highway Trust Fund, etary constraints, it was able to thoroughly re- County's shoreline that has been caused by pursuant to the recently enacted highway bill. ject and repudiate the Administration's pro- construction of a Federal inlet. The Commit- Second, the bill includes no new funding for posal to decimate the civil works program of tee, which does not share the Administration's the nonpower programs of the Tennessee Val- the Corps of Engineers. The budget request antipathy toward shoreline protection, will con- ley Authority. Consistent with Public Law 105± for the CorpsÐa reduction of $948 million tinue to work toward the provision of sufficient 62, TVA is empowered and directed to con- from the fiscal year 1998 levelÐwas com- funding for these worthy projects. tinue funding those programs with internally pletely irresponsible. The Administration pre- Title II of the bill funds the Bureau of Rec- generated revenues and savings. sented a proposal to halve the Corps' con- lamation within the Department of the Interior. Mr. Chairman, I want to commend the Mem- struction budget. According to the testimony of Our recommendation includes $804 million for bers of the Subcommittee on Energy and the Corps, this would be, in terms of real dol- Title II. This is a reduction of $112 million from Water for their hard work and for their commit- lars, the lowest construction budget in the his- the FY 98 level and $131 million from the ment to working through a vast number of dif- tory of the civil works program. budget request. Now that the West has been ficult issues and choices for fiscal year 1999. Our recommendation for the Corps of Engi- reclaimed and the Bureau has changed its I am deeply appreciative of their contributions neers is nearly $4 billion. While this is $202 mission to one of water resource protection and their dedication to this bill. million below the fiscal year 1998 level, it is and management, it is time to begin a serious $745 million above the budget request. Where dialogue on the agency's future and abiding I am especially pleased to commend the the Administration proposed to terminate role in western resource issues. The Commit- Ranking Minority Member on the Energy and scores of construction projects, place dozens tee is anxious to participate in that discussion. Water Subcommittee, the Honorable VIC more on life support, increase costs, and ex- Title III of the bill provides funding for all of FAZIO. The Energy and Water Bill has enjoyed tend project completion schedules, the Com- the atomic energy defense activities, and most a long tradition of bipartisanship, and the gen- mittee has concentrated available resources of the domestic discretionary activities, of the tleman from California has done everything on continuing projects in the construction pipe- Department of Energy. Of the $16.2 billion within his power to perpetuate that tradition. I line, and funding them at levels that, in several provided for DOE, $11.8 billion is for atomic am grateful for his service to the Subcommit- cases, represent the Corps' maximum capabil- energy defense activities. This funding pro- tee, to the House of Representatives, and to ity for fiscal year 1999. This includes $63 mil- vides for stewardship of our nuclear weapons the country. lion for the Los Angeles Harbor project, $60 stockpile, arms control and nonproliferation ac- Mr. Chairman, I urge all of my colleagues to million for the Houston-Galveston navigation tivities, and naval reactor research and devel- support the Energy and Water Development channels project; $60 million for the Los Ange- opment. In terms of dollars this bill's largest Appropriations Bill for fiscal year 1999. June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4915 H4916 CONGRESSIONAL RECORD — HOUSE June 22, 1998 June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4917

Mr. MCDADE. Mr. Chairman, I re- around the world; for those and so time to me, but for doing such an out- serve the balance of my time. many more important issues that are standing job both as chairman of his Mr. EDWARDS. Mr. Chairman, I part of this bill and other bills the gen- subcommittee but also as a Member of yield myself such time as I may con- tleman from Pennsylvania has been a Congress since his appearance here on sume. I rise in support of H.R. 4060, the part of, I want to express my lasting the scene in Washington, D.C. back in energy and water appropriation bill for gratitude to the gentleman for his sac- 1963. fiscal year 1999. rifice and service on behalf of this I certainly rise to support his bill. It The gentleman from California (Mr. country. is one of the most important bills in FAZIO), the ranking member of this im- Let me also say, Mr. Chairman, that the appropriations process, at least portant subcommittee, will be on the the gentleman from California (Mr. from the standpoint of a Member who floor in just a few moments, but in the FAZIO), the ranking member of this lives in New Orleans, in the center of meantime, Mr. Chairman, I would like subcommittee, will be retiring at the the Mississippi River Valley watershed, to pay tribute to two leaders of this end of this Congress, so this will also because all that water that comes subcommittee who, along with the gen- be the last time he comes to the floor down from the drainage area that tleman from North Carolina (Mr. HEF- as a ranking member to push the en- starts up in Minnesota and comes NER) whom we honored a few minutes ergy and water appropriations bill. through our territory, and I want to ago, are retiring at the end of this Con- Time will not permit me to list all of say that the gentleman from Pennsyl- gress. the accomplishments of the gentleman vania (Mr. MCDADE) together with the This will represent the last time that from California (Mr. FAZIO), but no one gentleman from California (Mr. FAZIO) the gentleman from Pennsylvania (Mr. in this House would doubt that he has has certainly worked with all of the JOE MCDADE), the chairman, and the been one of the true leaders in the members on the subcommittee to make ranking member, the gentleman from House of Representatives for his many sure that their responsibility has been California (Mr. VIC FAZIO), will be re- years of service as former chairman of carried out in a sensitive manner and sponsible for bringing the energy and the Democratic Campaign Committee, that the people of Louisiana and all water appropriations bill to the floor of as being a leading spokesman for the throughout the watershed have been this House, and on behalf of all of us Democratic Party and Democratic protected from the onslaught of floods. who have had the privilege to serve Members of this House. But in serving But let me simply say on a personal with both of these leaders in Congress, as a leading member of the Committee note that first of all the gentleman I want to thank them for their lifetime on Appropriations he put that par- from Pennsylvania (Mr. MCDADE) has of service to our Nation. tisanship aside, particularly on the en- been a wonderful Member of Congress, Let me begin with the gentleman ergy and water bill, because he knew and this is his last year as chairman from Pennsylvania, and while we often that providing flood protection and and last year as a Member of the House say, Mr. Chairman, ‘‘gentleman’’ when providing funds for research for renew- of Representatives, and of all the Mem- referring to our colleagues on this able sources of energy to make our bers that we might talk about today or floor, I think whoever coined that country economically sound for dec- that we might think about today he is phrase must have had Mr. MCDADE in ades to come, he knew that in provid- going to be one of the most sorely mind when he developed that word be- ing efforts to try to stop the prolifera- missed. cause I could think of no better way to tion of nuclear weapons across the So- describe the chairman, our friend and viet Union, the former Soviet Union, b 1730 colleague of this committee, then to and through other countries in the say he is a gentleman from head to toe. world, he knew that those efforts were JOE MCDADE has not only a wealth of His lifetime of service, over 3 decades far more important than any particu- experience that he has brought to his of commitment to our country and this lar party, and in that capacity Mr. role over these last many years, but he House, are living proof of that. In all FAZIO has fought hard to bring legisla- has got incredibly good judgment. He is the times that I have known him he tion to this floor that will reflect well a gifted politician in the finest sense of has served with great dignity and hon- upon this body for many years and the word. Where some of us get led esty and integrity. many decades to come. astray into areas of legislative domain And while I have only had the honor Finally, as a member of this commit- that might seem to sink the most able of serving on his particular subcommit- tee, let me just thank the chairman of us, I guarantee you that JOE tee for a year and a half, I want to say, and ranking member for working on MCDADE rises above the tide and car- Mr. Chairman, that when I was coming this particular bill under the limits of ries the way so that others can follow. onto the Committee on Appropriations a very difficult budget, but to work in He was born in Scranton, and still I asked a former member of this sub- a way that the taxpayers would be lives there. He has represented Lacka- committee, Mr. CHAPMAN of Texas, proud, and using limited resources to wanna County, Pennsylvania, in a which subcommittee I should consider focus on priority programs from flood number of ways since his graduation serving on, and he said to me that the control to nuclear weapons prolifera- from Notre Dame in 1953 and at the most important factor I ought to look tion. They spent these dollars in a way University of Pennsylvania where he at is not just the substance of the com- that I think will be good for this coun- got his LLB. He was a clerk to a Fed- mittee but the chairman of that com- try, and I think the best reflection of eral judge; he practiced law; he became mittee. For that reason he said with- that was the committee vote, which as city solicitor of the city of Scranton; out doubt I should ask to be on that the chairman said was a unanimous and then, in 1963, he was elected to the subcommittee because the gentleman vote of both Democrats and Repub- Congress of the United States. from Pennsylvania (Mr. MCDADE) is the licans. I have had the pleasure of serving kind of Member that all Americans Mr. Chairman, I reserve the balance with JOE since my appearance in Con- could be proud of. of my time. gress in 1977, but more closely since I And once again there is not a floor Mr. MCDADE. Mr. Chairman, I yield got to be a member of the Committee full of Members on this floor for the such time as he may consume to the on Appropriations in 1980. We have very reason that the gentleman from gentleman from Louisiana (Mr. LIVING- served closely together on the same Pennsylvania (Mr. MCDADE) has han- STON) the very able chairman of the subcommittees. I just want to say that dled this business like he handles all of Committee on Appropriations. I have never seen a more able, more ca- his business, in a fair, evenhanded and (Mr. LIVINGSTON asked and was pable, more skilled legislator than JOE on a totally nonpartisan basis. given permission to revise and extend MCDADE. He has had a remarkable ca- So, Mr. Chairman, on behalf of all of his remarks.) reer. us in this House and families all across Mr. LIVINGSTON. Mr. Chairman, I I just want to take the opportunity America from his district to mine who want to thank my friend, colleague, to wish JOE and his wife Sarah and will live in a better country, better mentor, and guidance counselor, the their family all of the best, a long, flood control, better safety in terms of gentleman from Pennsylvania (Mr. JOE healthy, happy lifetime of success, and the proliferation of nuclear weapons MCDADE) not only for yielding this send with them the good wishes that H4918 CONGRESSIONAL RECORD — HOUSE June 22, 1998 all of us here who have had the pleas- called the Mississippi River. In fact, in ing of $1.2 billion in direct and indirect ex- ure and honor of serving with him ex- this appropriations bill, we nearly fully penditures in the communities along the Mis- tend to them, so that he will know that fund a very important program affect- sissippi. he can always come back, because he ing the Mississippi River called the en- I would also like to commend the Appropria- has got lots of friends here. vironmental management program tions Committee for funding the La Farge Dam Mr. Chairman, I would take another that is a multistate, multiagency coop- land transfer, an Army Corps of Engineers couple of minutes to say that VIC FAZIO erative effort in order to collect data project in my district in western Wisconsin. is another outstanding Member who and monitor resources and conduct The funding in this bill finally allow the Federal came on the scene after I did, in the some habitat restoration on the Mis- Government to return the Kickapoo reserve 96th Congress. I was elected in the 95th. sissippi in order to preserve this treas- lands to the people of western Wisconsin. It VIC FAZIO likewise has shown the skill, ure for future generations. It affects will begin to restore the natural surroundings and understanding on legislative proc- the upper Mississippi in particular, but so that visitors from across the country may ess that, frankly, few other Members I have always said that if we blow it up once again enjoy the beautiful bluffs and flow- have exhibited. there, there is going to be con- ing waters of the Kickapoo River. I look for- VIC has been elected to a number of sequences down south. ward to working with the conference commit- partisan positions on his own side. He I look forward to working with these tee to guarantee that the Corps of Engineers has been a formidable adversary, and, gentlemen throughout the course of fulfills its financial obligations under current at the same time, he has conducted his the year in reauthorizing the environ- authorizing legislation by providing the nec- affairs in good humor and with the mental management program, and I essary funds to the transferees. ability to compromise when he has to too want to again just congratulate Mr. McDADE. Mr. Chairman, I am and in bipartisan fashion. That is ap- them on the leadership that they have very pleased to yield 4 minutes to the preciated from this side of the aisle. He shown on this issue, an issue that not gentleman from Michigan (Mr. has been a friend, and we certainly only affects me and my constituents in KNOLLENBERG). want to extend our best wishes to him. western Wisconsin, but millions of peo- (Mr. KNOLLENBERG asked and was I am sorry, apparently his flight has ple throughout middle America who given permission to revise and extend been delayed and he is not yet here appreciate the river and the multiple his remarks.) today for the discussion of this bill but uses that we all share and use the river Mr. KNOLLENBERG. Mr. Chairman, we want him to know that we send our for. I rise today to express my strong sup- best wishes to him and to his family As we consider the energy and water appro- port for this bill, but first I, too, want for lots of success and happiness as he priations bill for fiscal year 1999, I want to to pay tribute to a gentleman who has leaves Congress. commend the chairman and members of the become my friend. I am sorry that the Finally, to MIKE PARKER, who came Appropriations Committee for prioritizing fund- gentleman from California (Mr. FAZIO) over to the Republican side of the aisle ing for one of our Nation's most treasured nat- is not here, he will be along shortly, from the other side, after he first ar- ural resources, the Mississippi River. By pro- but let me just pay for a moment trib- rived here a few years ago, with great viding nearly full funding, the environmental ute to the man that I believe has foresight, since we took the majority management program [EMP] for the Mis- earned the respect of this whole House, about the time that he made the sissippi River will continue to excel at restoring the gentleman from Pennsylvania (JOE switch, and has shown extraordinary and monitoring the long-term ecological health MCDADE). diplomatic and legislative skills in his of one of our Nation's most treasured water- Along with VIC FAZIO, their spirit of performance here. ways. cooperation is commendable. But the MIKE has not been here as long as the During this Congress, I have worked with competence and the thoughtfulness of other two, but he is a very, very tal- Representative OBERSTAR, Representative JOE MCDADE, his years of hard work, it ented guy, and a fellow who has got LEACH, and Representative GUTKNECHT to will take many of us to fill the con- great judgment, upon which all of us form the Bipartisan Upper Mississippi River gressional shoes of Chairman JOE have had the opportunity to value and Task Force. Sixteen Members of CongressÐ MCDADE. His character, his warmth, treasure, because we find that he is a eight Members from each side of the aisleÐ and, speaking on a personal note, his person that we can indeed rely on. We have come together, in a bipartisan fashion, in kindness and courtesy to me, and the are going to miss him greatly, from the recognition of the national importance of the fact that he is truly a gentleman in standpoint of leadership on the Com- navigational, recreational, and environmental every respect, I will truly miss him, his mittee on Appropriations and through- benefits this Nation enjoys because of a counsel, his guidance, but never, how- out the Republican Conference. healthy, vibrant Mississippi River. The Upper ever, his friendship. I will keep that. We wish him well in Mississippi, and Mississippi River Task Force has repeatedly Along with Chairman MCDADE, I see hope that his political career is not voiced its unwavering support for fully funding that Mr. FAZIO is here now, and I will over, that he will have other things in the EMP. I thank the members of the task extend and salute a hail, how are you. mind, and that his leadership will serve force for their bipartisanship, diligence, and Certainly, as well, the competence of the people of Mississippi and the people perseverance in supporting our Nation's inter- this man, VIC FAZIO, and his ability to of America in great fashion. est in the Mississippi River. work both sides of the aisle, has been So with all of these three people, I The EMP is a cooperative effort of the U.S. something that I think this committee want to say thank you for your service Army Corps of Engineers, the U.S. Fish and has benefitted by and this House has to the Committee on Appropriations, Wildlife Service, the U.S. Geological Survey, benefitted by. to this subcommittee and to the people and the five Upper Mississippi River Basin Along with JOE MCDADE and VIC of America. We value and treasure your States of Illinois, Iowa, Minnesota, Missouri, FAZIO, I would like to salute efforts by friendship, we wish you well and bon and Wisconsin to evaluate, restore and en- the Subcommittee on Energy and voyage when you depart from Congress, hance the river and wetland habitat along Water Development staff for bringing but we thank you for the opportunity 1200 miles of the Upper Mississippi and Illi- this strong bill to the floor. The admin- for allowing us to serve with you. nois Rivers. The EMP is a tremendous exam- istration’s budget request, especially Mr. EDWARDS. Mr. Chairman, I ple of how Federal funds support the success- the funding shortfall they created in yield 1 minute to the gentleman from ful multi-state, multi-agency cooperation re- the water projects, was unworkable, if Wisconsin (Mr. KIND). sponsible for ensuring a healthy, vital Upper not irresponsible. This bill is respon- Mr. KIND. Mr. Chairman, I thank the Mississippi River system. sible and balanced. gentleman for yielding me time. The EMP is an essential tool in maintaining Just a few portions I would like to Mr. Chairman, I too want to extend the quality of the river environment, as well as focus on. This year the administration my congratulations to the distin- recreational and economic opportunities along more than doubled the budget request guished careers of the chairman and the Mississippi River. Navigation along the for climate change initiatives, creating ranking member, and especially in one Upper Mississippi River supports 400,000 full a $1.7 billion government-wide um- regard, and that is that they have been or part time jobs, which produces over $4 bil- brella to fund existing and new pro- true champions of a great national lion in individual income, Recreation use of the grams. Since the Senate has not yet treasure that we have in the country river generates 12 million visitors and spend- ratified the Kyoto Protocol, it seems June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4919 the administration has put the cart in allowed us to have at least $8.3 million The gentleman from Pennsylvania front of the horse. that would allow us to go towards the (Chairman MCDADE) and his very capa- I wanted to thank the gentleman long-range plan. Obviously the State is ble staff have put together something from Pennsylvania (Chairman doing its part, the private sector is that we can all be proud of, and I truly MCDADE) and the subcommittee staff doing its part, and I am appreciative appreciate their insight and their re- for taking my concerns about Kyoto that the Federal Government is doing sponsiveness. into account in this year’s bill. Specifi- its part to allow us to have at least As has been said, we are losing a true cally I am pleased that the committee 80,000 jobs in our State as part of that. patriot and statesman in the gen- provided none of the $100 million in- Mr. Chairman, I urge support of the tleman from Pennsylvania (Mr. JOE crease requested by the administration appropriation. I thank both the chair- MCDADE). He has provided leadership, to further research towards the goals man and ranking member. My hat is courage, and overwhelming devotion to of meeting the Kyoto Accord. off to the gentleman from California the American people for nearly four Also the committee was critical of (Mr. FAZIO) for all of the fine work he decades in this body. This institution the administration’s tendency to de- has done for the people of America. will not be the same without JOE vote half of its resources to advanced Mr. MCDADE. Mr. Chairman, I am MCDADE. policy instead of conducting scientific delighted to yield 3 minutes to the gen- The same can be said of our friend, research. The $27 million was cut to tleman from Kentucky (Mr. ROGERS). the gentleman from California (Mr. $13.5 million, in half, to reflect this Mr. ROGERS. Mr. Chairman, I rise in FAZIO), and of course, the gentleman criticism. strong support of this bill, for several from Mississippi (Mr. MIKE PARKER), Furthermore, I support this bill’s fo- reasons, not the least of which is the who has served on this subcommittee cusing on closing out the former de- expertise and the judgment and wisdom admirably and well. He will be sorely fense and nuclear facilities. When I was that the chairman and the ranking missed, as well. first assigned to this Subcommittee on member have put into this bill. Whatever endeavors each decides to Energy and Water Development of the This is a bittersweet moment, I undertake in the future, I know they think, for all of us on this committee, Committee on Appropriations, the De- will display the same compassion and and in fact the Congress, to see a fine partment of Energy reported we would understanding and devotion as they al- bill like this brought to the floor, the not complete clean up of the environ- ways have here in the body. It has been finest that I have seen in my experi- mental management sites until after a great personal honor to have served ence, given the circumstances; sweet in the year 2075, with a total cost of some with them, and I wish for them and that respect, but bitter in that we are $230 billion. We are now looking to their family all the best. God speed. losing two of the most able gentleman close all of the small EM sites and even Mr. FAZIO of California. Mr. Chair- this House has been able to have for some the larger sites, including man, I yield 1 minute to the gentleman many years. Fernald in Ohio and Rocky Flats in from Texas (Mr. GREEN). JOE MCDADE, as has been said, is (Mr. GREEN asked and was given Colorado by the year 2006. The reduc- leaving us after this term. We wish we tion of landlord costs may be in the could talk him into staying, but I permission to revise and extend his re- tens of billions of dollars. marks.) think his mind is set. The same for VIC Frankly, I also want to express my Mr. GREEN. Mr. Chairman, first of FAZIO. But these two men have offered all, I would like to thank both the gen- strong support for the nuclear energy leadership at a time when we need and research initiative, NERI, and the leadership, and they have done it in a tleman from Pennsylvania (Chairman nuclear energy water research grant bipartisan, in fact, nonpartisan way, MCDADE) and our ranking member, the program. I am pleased have we have in- and we are certainly going to miss gentleman from California (Mr. FAZIO), cluded $5 million for the NERI pro- them deeply and long on this sub- for the service not only that they have gram. This program is designed to rein- committee and on the full committee provided to their districts over the vigorate the Department of Energy’s and, of course, in this body. We wish years, but also to our great Nation. We nuclear energy R&D based on competi- for each of them happiness and success will miss them, all of us will. I am not tive and peer-reviewed applications in the years to come. saying that just because they have concerning such issues as more effi- The chairman has done an outstand- been kind to the Port of Houston for a cient reactor designs, lower costs, im- ing job in producing this appropria- number of years, even before I was in- proved safety, better on-site storage tions bill, which adequately funds such volved in serving in Congress. and proliferation resistant reactors. diverse programs as nuclear weapons But Mr. Chairman, I rise in support Mr. Chairman, I urge support for this research, to solar and renewable energy of the bill. It is a second year appro- important R&D program and I urge technologies, to water infrastructure priation for the deepening and widen- support for the energy and water ap- projects, to critical rural development ing of the Port of Houston, and the propriations bill programs like the Appalachian Re- committee, in its wisdom, with our Mr. FAZIO of California. Mr. Chair- gional Commission. This is not an easy only Texan on the committee, the gen- man, I yield 1 minute to the gentle- bill to write. tleman from Texas (Mr. CHET ED- woman from North Carolina (Mrs. I am particularly grateful for the WARDS), provided for $60 million for the CLAYTON). chairman’s efforts in increasing the ad- deepening and widening of the Houston Mrs. CLAYTON. Mr. Chairman, I ministration’s requested level for the ship channel. thank the gentleman for yielding me Army Corps of Engineers. The Presi- It is so important, not just for Hous- time. I also want to extend my con- dent had the audacity to propose a ton but for all of America, because it gratulations and appreciation for the funding level nearly $2 billion below generates $300 million annually for outstanding work that the chairman the level required to continue ongoing America in customs fees, and $213 mil- and the ranking member have done on water infrastructure projects at their lion annually for local taxes. the appropriation. Both of them have optimal level. The President’s request The expansion of the Port of Houston gallantly looked at our natural re- was the lowest budget request in terms and the Houston ship channel is impor- sources and tried to appropriate, with of real dollars in the history of the tant not only because it is the busiest resources that are scarce, as efficiently civil works program of the United port in foreign tonnage, and second in and as passionately and caring so as to States. domestic tonnage, with more than 6,435 preserve those resources. vessels navigating the channel annu- In particular I am appreciative and b 1745 ally. Again, this is a second year appro- urge the support of this appropriation, This bill goes a long way toward get- priation of $60 million. because it indeed allows North Caro- ting those projects back on track. The Again, I would like to thank both the lina to have the opportunity to widen recommendation is $3.97 billion. That chairman and the ranking member for their port authorities. The port au- will ensure that vital national prior- their service, but also the gentleman thorities there have been historically ities of flood control, navigation, and from Texas (Mr. EDWARDS), a neighbor valuable to the East Coast, but, in par- shoreline protection are adequately of ours from Waco, Texas, for his ef- ticular, to North Carolina. So you have funded. forts. H4920 CONGRESSIONAL RECORD — HOUSE June 22, 1998

Mr. MCDADE. Mr. Chairman, I am Mr. OBEY. Mr. Chairman, I just want The Energy and Water Development pleased to yield 3 minutes to the able to take this time to note that this is Act preserves our commitment to gentleman from (Mr. the last time that the gentleman from cleaning up nuclear waste, maintaining FRELINGHUYSEN), a very valued member California (Mr. FAZIO) and the gen- our waterways, and promoting the fu- of our subcommittee. tleman from Pennsylvania (Mr. ture energy needs of each American. (Mr. FRELINGHUYSEN asked and MCDADE) will be managing a regular Mr. Chairman, as a member of the was given permission to revise and ex- appropriation bill on this floor because Committee on Appropriations, I voted tend his remarks.) of their retirement. I just have to say in favor of this bill in committee, in Mr. FRELINGHUYSEN. Mr. Chair- something about both gentlemen. particular because of a project impor- man, I thank the gentleman for yield- As far as the gentleman from Califor- tant to the people of Sioux City, Iowa. ing time to me. nia (Mr. FAZIO) is concerned, I can Sioux City is one of the many cities in Mr. Chairman, I rise today in support think of no more decent person who America established on a river, and of this energy and water appropriations has ever served in this institution. He while the river remains the lifeblood of bill for fiscal year 1999. First, let me is not only a person of immense gra- the city, the people oftentimes find thank the gentleman from Pennsyl- ciousness personally, but he is a person themselves at its mercy. vania (Chairman MCDADE) and the who is willing to take on any task for The Perry Creek Flood Control ranking member, the gentleman from the benefit of the national interest. Project is funded in this bill. This im- California (Mr. FAZIO), for their bipar- He is one of the people in this place portant flood control project removes tisan effort in bringing this bill to the who recognizes that there are many fear of flooding for downtown Sioux floor, and to thank our excellent com- times when the job of governing has to City and for a large community of re- mittee staff for their assistance, as take precedence over politics, and has tirees. The project enjoys the support well. never ceased to act on that assump- of local funding, and allows the city to This will be these gentlemen’s final tion. He has also, in virtually every further redevelop its infrastructure energy and water bill presented in this issue that I have ever seen him deal without losing investors due to unfore- House. As a member of this sub- with, consistently insisted on putting seen disasters. committee, I have learned to depend on public interest ahead of virtually every The Perry Creek Flood Control them for their outstanding guidance other interest. He is one of those rare Project is one of several funded in this and for their incredible institutional people in politics who is, first and fore- bill to protect towns and cities at risk memory. It is difficult to comprehend most, a workhorse rather than a show from flooding. I want to thank the how we will be able to work without horse. I will miss him very much per- chairman and the committee for work- them. Their retirement from Congress sonally. I know the rest of this House ing with me to make sure this project will leave a big hole in this institution, received appropriate funding. I recog- will, as well. and I will miss both of them as friends As far as the gentleman from Penn- nize the Committee on Appropriations and leaders. has faced a daunting task in writing This bill before the House today sylvania (Mr. MCDADE) is concerned, he had already established a reputation bills with very limited amount of re- stresses national priorities while keep- sources. For Sioux City, for many ing our commitment to downsizing the for legislative quality and leadership when I arrived here as a freshman. I other cities in similar situations, I en- Federal Government. Unlike the Presi- courage my colleagues to support this never cease to marvel at the talent dent’s budget request in January for bill. with which he handled every respon- the Army Corps of Engineers, this bill Mr. FAZIO of California. Mr. Chair- does maintain critical funding for flood sibility given to him during the years man, I yield 1 minute to the gentleman that I have served or watched him in safety, coastal protection, and dredg- from California (Mr. DOOLEY). ing projects throughout my home this body. (Mr. DOOLEY of California asked and State of New Jersey and throughout I have to say that he has dem- was given permission to revise and ex- our Nation. onstrated to me time and time again tend his remarks). This bill flatly rejects the Adminis- that he is a person of absolute integ- Mr. DOOLEY of California. Mr. tration’s efforts to back away from rity and extreme wisdom, to boot. He Chairman, I, too, join with all of our these types of national commitments has treated Members fairly regardless colleagues in commending the gen- and investments, and restores funds of their partisan stripe, and he cer- tleman from Pennsylvania (Mr. needed to protect American life and tainly is, as is the gentleman from MCDADE) and the gentleman from Cali- property, and promotes our inter- California (Mr. FAZIO), what people fornia (Mr. FAZIO) for the tremendous national competitiveness. who truly care about this institution work they have provided on behalf of Of particular concern to me were ef- call ‘‘institutional men.’’ They are this country. forts to shortchange our Nation’s both institutional men. They recognize I understand that this year we had ports. In New York and our New Jersey the needs of this institution in the fin- one of the most difficult decisions and harbor alone, the President’s request est sense of that recognition. I am conflicts in trying to move the appro- was over $40 million short for what was going to greatly miss both of them. priations bills forward because of the needed to keep these important dredg- Mr. MCDADE. Mr. Chairman, I am tight fiscal constraints they were ing projects on time and on track. delighted to yield 2 minutes to the gen- working under. It was very clear in the International trade is too important tleman from Iowa (Mr. LATHAM). energy and water appropriation bill, to jeopardize, and ships cannot enter Mr. LATHAM. Mr. Chairman, I would which I support, that we were in a situ- our ports without adequate channel like to associate myself with the re- ation where we were not able to fund depth. Too many jobs depend on the marks that have been made here this any new starts because we had to meet Army Corp’s work, literally $70 billion evening for the gentleman from Penn- the priorities of continuing our funding annually in commerce for both New sylvania (Mr. MCDADE) and the ranking for ongoing projects. York and New Jersey. member, the gentleman from Califor- Given the tight fiscal constraints, I In addition to the civil works pro- nia (Mr. FAZIO), two great Members greatly appreciate the efforts of my gram, this bill also funds many impor- who are going to be missed a great deal colleagues on the committee to provide tant scientific programs, and I am par- next year. much needed funds for other high pri- ticularly happy that the committee Mr. Chairman, I would like to com- ority water resource development and moved ahead on fusion power research. mend the chairman, the gentleman flood control projects that are vital to I am disappointed that there is no from Pennsylvania (Mr. JOE MCDADE) the safety and well-being of the resi- funding for international fusion power, and the ranking member, the gen- dents of the San Joaquin Valley. but I am grateful to the committee for tleman from California (Mr. FAZIO), for However, I will continue to work to their leadership and work on it. crafting a bill that maintains funding secure funding to address a particular Mr. FAZIO of California. Mr. Chair- for the Army Corps of Engineers and flooding problem along a river referred man, I yield 2 minutes to the gen- many critical projects, but also re- to as the White River. The situation tleman from Wisconsin (Mr. OBEY), the mains true to the budget parameters there is dire, and Federal assistance is ranking member of the full committee. we have set here in Congress. vital to achieving a long-term solution. June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4921 This past February the area around professionally, successfully, with in- Contract 14A (to remove 1M CY of mate- Earlimart in Tulare and Kern Counties tegrity, and for a long time. I think we rial) can be completed. Contact 14B (to re- was flooded for the fifth time in 40 would say just about the same thing move 5M CY of material) will not be awarded years. State and Federal disaster as- for the gentleman from California (Mr. in FY 99. The entire 6M CY of material of Contract 14A & B must be removed before sistance was granted to assist the town FAZIO), except it was California, in his any work in the lower basin is initiated. of 5,000 residents. It is this project case. I am proud to know these Members, Majority of the environmental restoration which we need to fund at least for a re- benefits are claimed in the lower basin. How- connaissance study. I look forward to and I hope they can help us with the ever, if the request is reduced to 10 million, working with the committee to secure Everglades. the initial environmental component Con- that. Mr. Chairman, I include this Corps tract 7 (Reach 1 Backfill of canal C–38) will Mr. McDADE. Mr. Chairman, I am analysis for the RECORD. definitely not be awarded in FY 99. A prior pleased to yield 2 minutes to the gen- The material referred to is as follows: commitment was made to initiate Reach 1 Backfill by 30 March 1999. This commitment tleman from Florida (Mr. GOSS). FY98 (Mr. GOSS asked and was given per- project FY99 Senate House will not be met. The remaining three reaches budget will also be delayed, and the corresponding mission to revise and extend his re- alloca- request markup markup tions environmental benefits will not be obtained. marks.) Engineering efforts in preparing P&S for fu- Mr. GOSS. Mr. Chairman, I want to C&SF ...... $21,833 $40,800 $25,000 $20,900 Kissimmee ...... 2,817 27,300 10,000 3,500 ture contracts will be downscaled because of express my concern about the level of Critical projects ...... 4,009 20,000 10,000 3,000 limited funds and no A–E contract awards in funding in the bill for the Everglades 1999. CENTRAL & SOUTHERN FLORIDA restoration, to get right to the point. To implement the Reach 1 backfill con- Specifically, I am concerned about the All assumptions are made with the under- tract, flood control features of Istokpoga level of funding for the Kissimmee standing that funding will only be delayed basin (Contract 6, a large tributary within River Restoration Project, the Central for one year and required funding will be Reach 1) will need to be addressed. If the available in the following year. and Southern Florida Project, as well Istokpoga works is delayed, the Corps will go If Senate Budget is Adopted ($25,000,000 alloca- as funding provided for the Everglades to condemnation, tie-up resources, cause ad- tion) ditional delays, and Reach 1 Backfill cannot Critical Projects. West Palm Beach (C–51): Delay in funding Clearly, the committee has done a be initiated. for relocations may not impact the overall The balance of FY 1999 will be used to pre- very judicious job of balancing the project schedule. Delay in funding S–360, G– competing interests in a very difficult pare P&S which will be shelved until funds 312, and levees (components of Stormwater become available. bill. It goes without saying that the Treatment Area 1 East) would not signifi- committee’s task was not made any cantly impact the project. The project would If House Budget is Adopted ($3,500,000 alloca- easier by the Clinton administration’s likely still be completed within the overall tion) irresponsible, if not reckless, budget completion schedule. South Dade (C–111): Delay in funding for S– In addition to the above, Contract 14A (to request, which essentially gutted all 332A, B, and C pumping plants, and Levees remove 1M CY of material) will not be funds for beach renourishment work by and Canal work will not significantly impact awarded in FY98. As noted above, all of Con- the Corps. the overall project completion. Recent re- tract 14 needs to be completed before imple- As the Committee sought to restore quirements for a new GRR supplement have mentation of the lower basin works. None of these devastating cuts, it had a lot of caused this delay to be necessary regardless the primary restoration benefits will be ob- tained in FY 99. devastating choices to make, I know. of funding. Unfortunately, that has resulted in Upper St. Johns: Delays in funding L74N CRITICAL PROJECTS and S–96E will increase the overall project fewer funds available for the Corps and completion time. If Senate Budget is Adopted ($10,000,000 alloca- its responsibilities when it comes to If House Budget is Adopted ($20,900,000 alloca- tion) the Everglades. tion) With a funding level of 10 million, NEPA, Earlier today I received an analysis West Palm Beach (C–51): Delay in funding and design development could not be initi- prepared by the Jacksonville District for relocations may not impact the overall ated on 4 projects for which letter reports of the Army Corps which estimates project schedule. Delay in funding S–360, G– have been developed; Seminole Tribe Big Cy- that the progress on all of these 312, and levees (components of Stormwater press, Loxahatchee Slough, L–31E and projects, the Kissimmee River restora- Treatment Area 1 East) would not signifi- Melalueca Quarantine Facility. In addition, tion, the Central and Southern Florida cantly impact the project. However, the ad- the South Dade County Agriculture and Project, and the Everglades Critical ditional cuts would delay completion of Rural Area Retention and South Biscayne Pump Station S–362 (Stormwater Treatment Projects, would be significantly de- Bay Watershed Management Plan studies Area 1 East outflow pump station) which could not be initiated. Since WRDA 96 re- layed if these funding levels were en- would delay the overall project completion. quires that the Critical Projects be initiated acted. The time could not be made up regardless of by 30 September 1999, all projects listed Mr. Chairman, suffice it to say that the follow-on funding. above could not be implemented under this the Federal Government has made a Comprehensive Restudy: The additional authority. cuts will adversely impact work on the Re- significant commitment to the restora- If House Budget is Adopted ($3,000,000 alloca- tion of the Everglades, a vital national study. A delay in funding will result in com- pletion beyond the mandatory completion tion) treasure. As the energy and water bill dates. moves to conference, I would request With a funding level of 3 million, NEPA, South Dade (C–111): Delay in funding for S– and design development will not be initiated the committee review the analysis pre- 332A, B, and C pumping plants, and Levees on 9 projects for which letter reports have pared by the Jacksonville District of and Canal work will not significantly impact been developed; Golden Gate Estates, the Corps. the overall project completion. Recent re- Tamiami Trail Culverts, Lake Okeechobee I want to thank the chairman and quirements for a new GRR supplement have Water Retention/Phosphous Removal, Ten the ranking member of the Committee caused this delay to be necessary regardless Mile Creek, Lake Trafford, Southern Crew, of funding. Seminole Tribe Big Cypress, Loxahatchee on Appropriations again for their hard Upper St. Johns: Delays in funding L74N Slough, L–31E, and Melalueca Quarantine work, and look forward to moving for- and S–96E will increase the overall project Facility. In addition, the South Dade County ward on this issue. completion time. The gentleman from Pennsylvania Agriculture and Rural Area Retention and KISSIMMEE RIVER RESTORATION South Biscayne Bay Watershed Management (Mr. JOE MCDADE) has been a great If Senate Budget is Adopted ($10,000,000 alloca- Plan studies could not be initiated. Since friend of Florida, a Member of Congress tion) WRDA 96 requires that the Critical Projects who is, I think, outstanding. He has Contract 3 (S–65 Modification), CNT 4C be initiated by 30 September 1999, all been a mentor of mine. He has served (local levee removal), and Contract 2 (Canal projects listed above could not be imple- his district and our country faithfully, widening for C–35 & 36) can be completed. mented under this authority. CRITICAL PROJECT RANK

Rank/cummulative cost Project/sponsor Project summary (cost in millions)

1—$2.3 mil ...... East Canal Structures/SFWMD ...... Increase water to Pennsucco wetlands, reduce seepage using gated control structures ($2.3 mil). H4922 CONGRESSIONAL RECORD — HOUSE June 22, 1998 CRITICAL PROJECT RANK—Continued

Rank/cummulative cost Project/sponsor Project summary (cost in millions)

2—$6.6 mil ...... Tamiami Trail Culverts/SFWMD ...... Install culvert structures to improve sheetflow of surface water within the watersheds of Ten Thousands Islands National refuge, Southern Golden Gates Estates, Fakahatchee Strand State Preserve, Big Cypress National Preserve, and Everglades National Park ($4.3 mil). 3—$17 mil ...... Melaleucca Eradication Project and other Exotic Plants/SFWMD .... Improve existing quarantine facility @ Gainesville, construct new facility, implement biological controls ($10.4 mil). 4—$23 mil ...... Florida Keys Carrying Capacity/Florida Department of Community Develop information database, decision-making tool for infrastructure development, investment ($6 mil). Affairs. 5—$36.5 mil ...... Western C–11 Water Quality Treatment Project/SFWMD ...... Develop measures to ensure water released into Everglades meets yet to be established standards. Best management practices, water quality measurements, water retention areas ($13.5 mil). 6—$81.5 mil ...... Seminole Tribe Big Cypress Reservation Water Conservation Plan/ Water conservation pan includes construction of conveyance systems, canal bypass, irrigation storage cells in Basins 1, 2, 3, and Seminole Tribe. 4 which compose the western portion of the Big Cypress Reservation. This project is designed to meet 50 pph, phosphorus, which is the current performance level designed to be achieved by the Everglades Construction Project. Should design perform- ance level for phosphorous become more stringent, this project is designed to be able to incorporate additional technology ($45 mil). 7—$97.1 mil ...... Southern Golden Gate Estates Hydrologic Restoration/SFWMD ...... Land acquisition, spreader canals, canal plugs, pump stations to provide redistribution of flows to restore area overdrained which has resulted in reduction of aquifer storage, reduction of wetland functions, invasion of upland vegetation, increased frequency of forest fires and increased fresh water discharges to the estuary. Variations of freshwater discharges at large amplitudes have resulted in large fluctuations of salinity level and eliminated or displaced a high proportion of the benthic, midwater and fish plankton communities in the Ten Thousand Island Estuary ($15.6 mil). 8—$104.6 mil ...... South Dade Agriculture & Rural Land Use & Water Management Provide database for development of land use plan with focus on rural and agriculture. Retention. Water management focuses on Plan/Metropolitan Dade County. storm water management ($7.5 mil). 9—$135.6 mil ...... Southern Crew Project Addition/Imperial River Flowways/SFWMD ... Land acquisition totaling 4,670 acres removal of canal berms, single family homes, debris, till material and agricultural canal and berms and installation of equalizer culverts, and replacement of undersized culverts and bridges that impede flows (31 mil). 10—$147.6 mil ...... Lake Okeechobee Water Retention/Phosphorus Removal/SFWMD .... Reduce number of drained wetlands in the northern watershed of Lake O, as well as create new ones, remove ditch connections. Isolate phosphorous loaded wetlands and provide peak flow attenuation of water to the lake, resulting in a more gradual rise in lake stage during heavy rainfall periods and a slower drop in lake stage during drought. Result in fewer freshwater discharges to tide from Caloossahatchee and St Lucie Canals as dictated by Lake O, regulation schedule ($12 mil). 11—$175.5 mil ...... Ten-Mile Creek Water Preserve Area/SFWMD ...... Land acquisition totaling 1200 to 2000 acres in eastern portion of basin and construction of an above ground impoundment for stormwater detention purposes. Infrastructures includes pump stations to develop impoundments for stormwater and redesign and reconstruction of adjacent tidal discharge control structure and perhaps constructed wetland or flow-through marsh for water quality improvement purposes ($30 mil). 12—$175.5 mil ...... L–28 Modification Report/SFWMD ...... Restore more natural bydrologic conditions in the Big Cypress National Reserve. Restore hydropatterns within Big Cypress, modi- fications to L–28, Tamiami Trail and Loop Rd will be evaluated (MOVED TO RESTUDY EFFORT). 13—$185.6 mil ...... Loxahatchee Slough Ecosystem Restoration/SFWMD ...... Water control structure at C–18 to reflood slough ($8 mil). 14—$187.6 mil ...... Geodetic Vertical Control Surveys/Florida Department of Environ- 1250 miles of second-order, Class 1 Surveys for improved accuracy of natural systems data, analysis ($2 mil). mental Protection. 15—$203.6 mil ...... Lake Trafford Restoration/Florida Department of Environmental Lake restoration project consists of the removal of 7 million cubic yards of unconsolidated sediments with upland disposal ($16 Protection. mil). 16—$204.8 mil ...... L–31E Flow Redistribution Project/SFWMD ...... Spreader canals, eliminate point discharges ($1.2 mil). 17—$207.2 mil ...... Henderson Creek Belle Meade Restoration/Florida Department of Land acquisition of approximately 125 acres, installation of culverts, filling ditches, roadbed removal, exotic removal, berm creation Environmental Protection. and development of filter marsh water management system to return a portion of the historic timing, duration, and volume of freshwater inflow, as well as providing much needed treatment of stormwater, into Rookery Bay ($2.4 mil). 18—$211.1 mil ...... Lake Okeechobee Tributary Sediment Dredging/SFWMD ...... Dredge phosphorous rich sediments from primary, tertiary canals and field ditches leading into lake. These sediments are mobilized during high flows ($3.8 mil). 19—$228.7 mil ...... Develop & Implement Agricultural BMP’s in C111 Basin/Florida Development, and implementation of the latest technologies to fruit, vegetable, landscape, and ornamental growers and urban Department of Agriculture and Consumer Affairs. homeowners in the eastern C–111 Basin to minimize ground and surface pollution, advance water use efficiency, manage plant diseases, insects, and weeds largely by biological based technologies, and reduce the vulnerability of crops to persistently high water table. BMP’s implementation will protect the Biscayne aquifer and prevent introduction of toxicants and undesirable levels of nutrients into fragile marine and terrestrial ecosystems ($17.7 mil). 20—$229.2 mil ...... North Fork New River Restoration/Florida Department of Environ- This portion of the river is only remaining section left in its natural state. Contamination from nearby septic tanks and sewage mental Protection. lines has degraded water quality, habitat. Plans to restore include spot dredging, and improvement of water circulation, a fea- sibility study, revegetation with native species, identification of contaminants, and promoting urban infill development ($0.52 mil). 21—$232.4 mil ...... L–8 Canal-Water Catchment Area—Loxahatchee Slough Infra- Dredge L–8 and add pump capacity to take water from L–8 and route to West Palm to catchment area ($3.2 mil). structure Improvements/West Palm Beach County. 22—$237.4 mil ...... Florida Keys Tidal Creek Restoration/Florida Department of Envi- Relocating culverts to restore flow to tidal creeds at Tarpon Creek just south of Mile Marker 54 on Fat Deer Key, an unnamed creek ronmental Protection. between Fat Deer Key, and Long Point Key south of Mile Marker 56. Adequate culverting will improve circulation, flushing, water quality and habitat which have been degraded from accumulation of organic material in these creeks (approx $5 mil). 23—$239.4 mil ...... Lake Worth Restoration ...... Remove organically enriched sediments ($2 mil). 24—$251.9 mil ...... Wetlands-Based Water Reclamation Project/West Palm Beach Water reclamation project that recharges aquifer, reduces discharges to tide and dependence on Lake O for drinking water pur- County. poses and creates and restores 2,000 acres of environmentally sensitive wetlands ($12.5 mil). 25—$257.4 mil ...... Lake Okeechobee Project Aquifer Storage and Recovery/SFWMD .... Water from Lake O injected into aquifer for later retrieval ($5.5 mil). 26—$282.4 mil ...... Miccosukee Water Management Area/Miccosukee Tribe ...... Installation of pump station, spreader canals control structures and levees. (approx $25 mil). 27—$283.5 mil ...... Six Permanent Water Monitoring and Meteorological Stations/Flor- Real time hydrological, and meteorlogical data for trend analysis ($1.1 mil). ida Department of Environmental Protection. 28—$285.1 mil ...... Nutrient Removal and Dosing Studies for ENP/SFWMD ...... Development of water quality standards, phosphorous thresholds ($1.6 mil). 29—$293.1 mil ...... WCA 3B Seepage Reduction/SFWMD ...... Installation of underground seepage barriers using grant technology. The barrier would be located between S–334 and S–335. Project would reduce losses flowing out of WCA–38B ($8 mil). 30—$299.1 mil ...... Hillsboro Pilot Aquifer Storage and Recovery Project/SFWMD ...... This project will implement a regional storage and recovery demonstration project in the Hillsboro canal region to capture and store excess flows that are currently released to tide for use during dry periods. Recovery of the water will be utilized to recharge local utility wellfields helping to prevent further inland migration of the saline interface ($6 mil). 31—$304.1 mil ...... Lakes Park Restoration Project/Florida Department of Environ- Construction of a 40 acre marsh/flowway in an abandoned rock mine to improve present habitat conditions and water quality mental Protection. trends discharging to Hendry Creek and Estero Bay. The project will include removal of exotic vegetation, and planting of native vegetation of 11 acres of uplands and 9 acres of littoral zone ($5 mil). 32—$304.2 mil ...... Town of Ft Myers Beach/Florida Department of Environmental Pro- Identification of stormwater hotspots, reducing non-stormwater discharges through one or more retrofit projects. Goal is to reduce tection. pollutant loading into Estero Bay ($0.120 mil). 33 ...... Palm Beach CO Water Utilities Department Winsberg Farms Con- Develop 175 acre parcel of purposes of wetland construction. Reclamation of 10mgd of water, recharge local groundwater, recharge structed Wetland/Palm Beach County. area canal network. 34 ...... Spring Creek Reconnection and Rehydration project/SFWMD ...... 35 ...... Restoration of Pineland & Hardwood Hammocks on Previously Restore South Florida slash pine and hardwood hammock species on a 200 ft wide strip on each side of the two miles of SR 9336 Rock Plowed Land in C–111 Basin Dade County/University of from the C–11 canal to the L–31W canal. Project will demonstrate the techniques required to re-establish native conifer and Florida Critprol. hardwood forests on land that has been rock plowed ($0.80 mil).

Mr. FAZIO of California. Mr. Chair- Committee on Appropriations, and Mr. Chairman, finally I would like to man, I yield 1 minute to the gentleman they were giants at that time. And now say that both the chairman and the from Texas (Mr. BENTSEN). I had the opportunity to come back as ranking member had the wisdom and (Mr. BENTSEN asked and was given a Member and go and ask them for help the foresight to stand up to the Office permission to revise and extend his re- on this bill, and they have certainly of Management and Budget and to the marks.) provided it. administration on how they were going Mr. BENTSEN. Mr. Chairman, I want to fund construction projects, and to Mr. Chairman, I rise in strong sup- to echo the remarks of my colleagues say we could do it within the Balanced port of H.R. 4060. In particular, I want with respect to the chairman, the gen- Budget Act with no new starts, but to tleman from Pennsylvania (Mr. to mention what they have done to do it on an incremental basis rather continue the funding for the Sims MCDADE), and the ranking member, the than fully fund and assure that we con- Bayou project by putting in what the gentleman from California (Mr. FAZIO), tinue to meet the needs of our Nation. on the work they have done on this bill Corps of Engineers requested, the Mr. MCDADE. Mr. Chairman, I yield 1 and on the work they have done in Brays Bayou project, both of which run minute to the distinguished gentleman Congress. through my district, as well as fully from Maryland (Mr. GILCHREST). funding the Corps’ request for the Port Mr. GILCHREST. Mr. Chairman, I b 1800 of Houston deepening and widening thank the gentleman from Pennsyl- I had the opportunity not too long project which is critical to our area’s vania (Chairman MCDADE) for yielding ago to be associate staff to the House economy. me this time. June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4923 Mr. Chairman, as the gentleman may friend. He is a leader of our party and Mr. Chairman, I would say to the know, Assateague Island National Sea- of this Nation. He is one of the most gentleman from Pennsylvania (Chair- shore is in my district. This coastal competent legislators I have ever man MCDADE) ‘‘thank you so very barrier island has been home to feral known and is possessed of a kind heart. much’’ for the collaborative effort and ponies for more than 300 years, habitat I really, really have appreciated the leadership on these important issues. for a number of endangered species, time I have been able to spend with the These are bread and butter issues. and protects homes on the mainland gentleman. Mr. Chairman, I thank both of my from the full force of Atlantic hurri- Mr. Chairman, I would also say to colleagues on behalf of the 759 homes of canes. the gentleman from Pennsylvania (Mr. constituents of mine in 1994 who suf- When the Ocean City Inlet was blown MCDADE) that he too is a friend and is fered the flooding of the Sims Bayou. through by hurricanes in the 1930s, a imbued with a great deal of integrity. We are gratified for the $18 million in jetty was constructed to protect the As I said on an earlier occasion a cou- total and the $8.5 million, which is an inlet from closing so the business en- ple of weeks ago, the most precious increase of what we would have gotten, terprises could be protected. However, thing any of us have to give any other to work with the Army Corps of Engi- the flow of sand that naturally replen- individual is our time, because that is neers. ished Assateague was cut off and the the one thing we all possess in our lives We are particularly delighted as well island has been eroding every since. that is limited. The gentleman from for the full funding of the Port of Hous- The Assateague restoration project is Pennsylvania has been selfless in the ton, a very vital aspect of the economy currently authorized at about $16.9 bil- time that he has given me. He has of Houston. We know it was the col- lion, of which we need in the near fu- given me his expertise. He has give me laborative work of the gentleman from ture about $4 million. Severe storms in his wisdom. He has given me good ad- Pennsylvania (Chairman MCDADE) and January and February of this year vice. Unfortunately, sometimes I do the gentleman from California (Mr. caused a wash-over along 7 miles of the not always want to hear that advice. FAZIO) who brought this about, along island and, as a result, the island is But more times than not, I followed it with the gentleman from Texas (Mr. now under imminent threat of breach. to my benefit. EDWARDS) and the gentleman from Mis- Without the support of this Congress, Mr. Chairman, the gentleman too has sissippi (Mr. PARKER). it would be difficult to continue the been a great friend. We all will miss Mr. Chairman, let me congratulate project that is necessary to protect the him. And from the bottom of my heart, the Army Corps of Engineers. We would island and mitigate the problems of the I deeply appreciate everything he has hope that as it moves to extend to the homes behind the barrier island. done for me. Martin Luther King and Airport Boule- Mr. MCDADE. Mr. Chairman, will the Mr. MCDADE. Mr. Chairman, I yield vard and Cullen Boulevard, that we can gentleman yield? such time as he may consume to the get it finished much earlier than the Mr. GILCHREST. I yield to the gen- gentleman from Arizona (Mr. KOLBE). year 2006, for I would not like to see tleman from Pennsylvania. Mr. KOLBE. Mr. Chairman, I thank those 759 homes flooded again. Mr. MCDADE. Mr. Chairman, let me the gentleman from Pennsylvania (Mr. Mr. Chairman, I cannot thank these say that the gentleman from Maryland, MCDADE) for yielding me this time. gentlemen enough. I look forward to my able friend, has brought this very Mr. Chairman, I have just one simple working with this committee in the fu- forcefully to my attention. We know question I would like to ask with re- ture. I say to both of my colleagues as what a treasure those barrier islands gard to whether it is the committee’s they retire: Godspeed. are. I want to assure the gentleman intent that the solar and renewable en- I rise in support of H.R. 4060, the Energy that he will have my full effort as this ergy funds be targeted to projects de- and Water Development Appropriations for bill moves through conference. veloped by nongovernmental organiza- Fiscal Year 1999. I support this bill mainly be- Mr. GILCHREST. Mr. Chairman, re- tions that produce the greatest reduc- cause it provides $413 million which is (39%) claiming my time, I thank the gen- tions in CO2 on a metric ton basis more for the Army Corps of Engineers con- tleman for his help on this. I also want within the project’s life cycle, that struction programs than requested by the Ad- to wish the gentleman Godspeed and a have an existing private funding com- ministration. great retirement. ponent, that have a high potential of The Administration originally requested $9.4 Mr. FAZIO of California. Mr. Chair- becoming totally privately financed in million for the continued construction of the man, I yield 2 minutes to the gen- the shortest period of time, and are not Sims Bayou Project in Houston, Texas. The tleman from Indiana (Mr. VISCLOSKY), dependent on the development of new Subcommittee on Energy and Water Develop- who if reelected is likely to be the technologies or operational systems in ment specifically earmarked an additional $8.5 ranking member of this subcommittee order to be successful. Million Above the Administration's original re- in the next Congress. Mr. MCDADE. Mr. Chairman, will the quest, which brings the total funding for the Mr. VISCLOSKY. Mr. Chairman, I gentleman yield? project to $18 Million. thank the gentleman from California Mr. KOLBE. I yield to the gentleman Mr. Chairman, the Sims Bayou Project is a (Mr. FAZIO) for yielding me this time. from Pennsylvania. project that stretches through my district. Over First of all, I rise in strong support of Mr. MCDADE. Mr. Chairman, let me the course of recent years, the Sims Bayou the legislation before the House. Sec- say to the gentleman that he is cor- has seen massive amounts of flooding. Citi- ondly, I rise to thank the gentleman rect. It is the committee’s intent to zens in my congressional district, have been from California (Mr. FAZIO) and the fund only those projects which produce flooded out of their homes, and their lives gentleman from Pennsylvania (Chair- results. have been disrupted. man MCDADE) for continuing the bipar- Mr. KOLBE. Mr. Chairman, reclaim- In 1994, 759 homes were flooded as a re- tisan tradition of this subcommittee. ing my time, I thank the gentleman for sult of the overflow from the Sims Bayou. That As the gentleman from Wisconsin yielding and would join my colleagues is 759 families that were forced to leave their (Mr. OBEY) had mentioned earlier, we in thanking him for the tremendous homes. have two individuals before us who, service that he has given this sub- I mainly support the conference report, Mr. while Republican and Democrat, al- committee, the full committee, the Chairman, because the subcommittee has ways put the public’s interest before Congress, and our Nation. We wish him earmarked in this bill $18 million for the con- their party’s. They have always put the well in retirement. struction and improvement of the Sims Bayou public’s interest before their own, and Mr. FAZIO of California. Mr. Chair- project that will soon be underway by the have continued this subcommittee on a man, I yield 1 minute to the gentle- Army Corps of Engineers. bipartisan track and have provided the woman from Texas (Ms. JACKSON-LEE). I would like to thank the Army Corps of En- House today with a quality piece of Ms. JACKSON-LEE of Texas. Mr. gineers for their cooperation in bringing relief legislation. Chairman, let me add my accolades for to the people of the 18th Congressional Dis- Mr. Chairman, on a personal note I the gentleman from California (Mr. trict in order to avoid dangerous flooding. would say to the gentleman from Cali- FAZIO) for being an American hero and The Subcommittee on Energy and Water fornia (Mr. FAZIO), I will miss him. one that has provided great service to Development added an additional $8.5 million This House will miss him. He is a good this Nation. for the construction of this Sims Bayou project H4924 CONGRESSIONAL RECORD — HOUSE June 22, 1998 and it remains in this conference report. I am The Port of New York and New Jer- I want to point out that geothermal quite certain, Mr. Chairman, that this project sey, a good part of it, is in my district. energy means jobs. Some 30,000 U.S. would not have been able to go forward if this It is the economic lifeline for the workers are employed through geo- additional money would not have been grant- northeast region. Mr. Chairman, 180,000 thermal electric revenues. Geothermal ed by the Subcommittee. jobs and $20 billion in economic activ- energy means royalty and production For that I have to thank Chairman MCDADE, ity is generated though the port. If my payments, more than $41 million is re- Ranking Member FAZIO, and my friends and colleagues live in the Northeast, there turned annually to the U.S. Treasury. colleagues CHET EDWARDS, and MIKE PARKER is a good chance that the things that And it also means a cleaner environ- who sit on the Appropriations Committee. they buy are coming from the port or ment. Sixteen million tons of carbon However, Mr. Chairman, I would like to call that they are dependent upon other dioxide, 20,000 tons of sulfur dioxide, on the Army Corps of Engineers to do every- goods, products, or machinery coming 41,000 tons of nitrogen oxide, and 1,300 thing that they can to accelerate the comple- through the port. tons of particulate matter are avoided tion of this project. The project will now extend Mr. Chairman, to keep those goods each year by geothermal energy pro- to Martin Luther King and Airport Boulevards, coming here on the increasingly large ductions. and Mykaw to Cullen Boulevard. industrial ships, we need deeper chan- Mr. Chairman, I appreciate the gen- This is flooding that can be remedied and nels and modern port facilities. If we tleman’s consideration of this concern, the project must be completed before the ex- do not modernize, the larger ships will and I would urge the committee to ad- pected date of 2006. While I applaud the Army go elsewhere and goods may start com- dress the geothermal R&D funding Corps of Engineers for their cooperation, this ing into Canada instead of our harbor. shortfall in its conference with the is unacceptable for the people in my congres- That hurts everyone in this country Senate so that geothermal’s important sional district who are suffering. and the national impact could be enor- national benefits can continue to ac- They need relief and I know that they can mous. That is not acceptable. crue in the future. not wait until the expected completion date of This bill sends a message that we will Mr. MCDADE. Mr. Chairman, will the 2006. This must be done and I will work with not stand by and let American jobs go gentleman yield? the Army Corps of Engineers and local offi- elsewhere. To our friends up north in Mr. COOK. I yield to the gentleman cials to ensure that this is done. I urge my col- Canada, let the message from this from Pennsylvania. leagues to vote yes on this conference report. House be clear. We are committed to Mr. MCDADE. Mr. Chairman, I appre- Mr. MCDADE. Mr. Chairman, I yield shipping commerce. We are committed ciate the gentleman from Utah (Mr. 30 seconds to the distinguished gen- to these ports. Cook) for bringing this to the attention tleman from Maryland (Mr. BARTLETT). I understand that deepening and of the committee. As the gentleman Mr. BARTLETT of Maryland. Mr. dredging our harbor is not glamorous knows, we had a very severe and con- Chairman, the gentleman from Penn- work. Other pet projects sound better strained budget. As we work our way sylvania (Mr. MCDADE) deserves credit and are easier to publicize. But mod- through conference, we will be looking for sustaining Federal renewable en- ernizing our ports means not just sav- forward to working with the gentleman ergy RD&D. I would like to clarify the ing but creating hundreds of thousands further. intent of the report language as it per- of jobs and billions of dollars in com- Mr. COOK. Mr. Chairman, reclaiming tains to the solar energy research and merce in the years to come. It is the my time, I appreciate that very much, development programs. long-sided view. It is the view this bill and I again wish the gentleman con- Mr. MCDADE. Mr. Chairman, will the takes. gratulations on his wonderful work. gentleman yield? Finally, I want to congratulate both Mr. FAZIO of California. Mr. Chair- Mr. BARTLETT of Maryland. I yield the gentleman from Pennsylvania man, I yield myself such time as I may to the gentleman from Pennsylvania. (Chairman MCDADE) and the gen- consume. Mr. MCDADE. Mr. Chairman, let me tleman from California (Mr. FAZIO) on In further response to the gentleman say that we have made every effort to their many years of dedicated service. from Utah (Mr. COOK), I would like to try to fund the renewable energy These are the kind of people we need in thank him for his remarks and I thank RD&D account. And we intend that the public service; people who put the the gentleman from Pennsylvania (Mr. committee language not prohibit le- needs of their constituents and the Na- MCDADE) for his attention to this very gitimate research cost sharing with tion above all else. We will miss them important energy efficiency program U.S. industry in solar R&D programs. and I know that both gentlemen will supported in this bill. Mr. BARTLETT of Maryland. Mr. find new ways to serve their fellow As many of my colleagues know, I Chairman, reclaiming my time, I thank countrymen and women like they have have been a longtime advocate of solar the gentleman for a good job. I would done so well in the people’s House. and renewable energy programs. Pro- like to clarify that the intent of the Mr. MCDADE. Mr. Chairman, I yield grams that support energy efficiency committee was not to prevent the Fed- such time as he may consume to the are critical to our economy, national eral solar programs from cost sharing. distinguished gentleman from Utah energy security, and the environment. I congratulate the gentleman on a (Mr. COOK). Mr. Chairman, we have the respon- well-earned retirement. Mr. COOK. Mr. Chairman, I would sibility to future generations to ad- Mr. FAZIO of California. Mr. Chair- like to compliment the Subcommittee dress environmental and economic con- man, I yield 2 minutes to the gen- on Energy and Water Development, cerns linked to historical energy tech- tleman from New Jersey (Mr. MENEN- particularly the gentleman from Penn- nologies. We must support efforts to DEZ). sylvania (Chairman MCDADE) and the bring new, cleaner energy-efficient (Mr. MENENDEZ asked and was gentleman from California (Mr. FAZIO), technologies to market. given permission to revise and extend ranking member, on their fine work If programs deriving energy from his remarks.) with the 1999 energy and water develop- such diverse sources as the sun, wind, Mr. MENENDEZ. Mr. Chairman, for ment appropriations bill. and biomass are to be successfully working people, the most important Mr. Chairman, there is one issue that competitive in the coming years, they asset that they have is their job. It is of particular concern to me, and I must undoubtedly have the support of supports their home, their family, would like to engage in a brief colloquy Congress. I would have liked the num- their children, their hopes, their life. with the distinguished gentleman from ber for solar renewable programs to This bill will save and increase good- Pennsylvania. have included some of the increases paying American jobs. Mr. Chairman, a program particu- submitted in the administration’s Mr. Chairman, I want to commend larly important to my constituents in budget request. the gentleman from Pennsylvania (Mr. Utah, the geothermal research and de- But, unfortunately, this year the al- MCDADE) and the gentleman from Cali- velopment, is cut in this bill from $29.5 location for the energy and water bill, fornia (Mr. FAZIO) for crafting a bill million in fiscal 1998 to $27.5 million in and perhaps all 13 of our spending bills, that, in a time of fiscal belt-tighening fiscal 1999. I realize the Senate ap- did not permit such increases in many and hard choices, makes the right proved a version that indicates geo- very important programs. Although choice to keep American jobs as the thermal R&D would be about $31.25 the bill we are considering today pro- top priority. million. vides an increase of $5.1 million over June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4925 last year’s appropriation for solar and ports and waterways, as well as flood control I am pleased that the Committee has also renewable energy programs, I agree projects across the nation. provided generous increases in basic science with the gentleman from Utah (Mr. Based only on the budget caps agreed to by research and development in the science ac- COOK) that it is unfortunate that the Congress and the President last year, you can count, in areas such as high energy physics. very important geothermal R&D pro- see that we have a significant divergence be- This bill continues to support the crucial ef- gram received a cut. ginning this year between what the Corps fort of our nation to maintain our nuclear But let me point out with regard to could doÐits capabilityÐand what the Corps weapons stockpile through the National Igni- the total amount of funding this bill will be able to do with the level of funding we tion Facility and the ASCI program. provides for renewable energy pro- are providing in this bill and are likely to pro- Because of the tight allocation, there are grams, that committee was able to vide in the years to come based on that budg- shortfalls in some areas like the Uranium En- draft a bill that in many ways was con- et agreement. richment Decontamination and Decommission- siderably higher than the renewable Adoption of the Republican budget plan ing (D&D) Fund, and I would like to be able levels in the Senate before Mr. JEF- would make these lines diverge even more to address this and other shortfalls in con- FORDS’ amendment. greatly. But it is also something to consider as ference if at all possible. I believe the original amended Sen- we take up these other pieces of legislation I would also like to see some money added ate numbers for solar and renewable which encroach on the non-defense discre- back to the cuts sustained by Departmental energy programs were $345.5 million, tionary programs. Administration. I believe the Department, compared with the House bill which Whether it is BESTEA or a new agricultural under new leadership in many program areas, provided $351.4 million for these pro- research program, other deserving needs that is committed to reducing excess administrative grams. are keys to the American economy can only costs and striving to operate more efficiently. Mr. Chairman, I would also like to be adversely affected as a result. In short, I commend JOE MCDADE for doing point out that the Senate bill is a total Realize these are authorized projects we a good job in a tough year. of $21.7 billion, whereas the House total are talking aboutÐnot counting the new au- I believe we have done the best job pos- is only $20.6. This is particularly im- thorizations that may stem from a Water Re- sible under the circumstancesÐwe will cer- portant in the context of the Jeffords sources Development Act to come this year. tainly try to do even better in conference if at So take a good look, because these are the amendment, which added $70 million in all possibleÐbut I believe this is still a bill that outcomes of our decisions, and they will con- solar and renewable energy programs should be supported by our colleagues. tinue to affect us for many years to come. This is the last time I'll help bring an E&W by taking a 1.6 percent across-the- So there has been a fair amount of pain to board cut of domestic DOE programs. bill to this committeeÐ19 of my 20 years in be administered this year, but I commend JOE the House have been on the Appropriations b 1815 MCDADE for adopting the common-sense deci- Committee and on the Energy and Water Sub- sion-rules that are reflected in this bill, and for At $l.l billion below the Senate bill, committee. being evenhanded in administering them with- this amendment would have been par- In one sense, not much has changedÐ out regard to party. ticularly difficult to achieve here in when I got there, Tom Bevill and John Myers the House, as it would have cut even For those who think that subcommittee members have been spared from our budget were the senior members for each party, and further into other important programs until last year, that was still the case. that this bill is committed to funding. constraints, I would point out that our sub- committee has recommended only $75 million But I can think of significant changes that I support energy efficient technologies, have affected our process over the years, es- and I will work with our distinguished for a California initiative supported by 45 members of the California delegationÐ$10 pecially on the side of water projects. chairman and the Senate to address Not so many years ago, we had significant million below last year's number and $45 mil- funding for geothermal R&D programs carry-overs in the Corps' budget from year to lion below the $120 million that our sub- in addition to other solar and renew- yearÐas high as $800 million. able programs in the House conference committee recommended last year. And the Central Valley Project Restoration Some carry-over is goodÐit gives the Corps with the Senate. FundÐa fund that derives from assessments flexibility to keep construction projects on an We certainly have done well, given on water and power users was not spared. optimum construction schedule, and it means the context of this total bill. Due to budget constraints and because this we don't have to appropriate every dime to get I rise in support of H.R. 4060, the Energy fund is subject to appropriation, we have held a project underway successfully. and Water Appropriations Bill for FY '99. I've it to $33 millionÐ$16 million below the budget However, budget constraints have virtually enjoyed working with JOE MCDADE. Our job requestÐand I hope we can do something at eliminated that carryover over the last few was made significantly tougher by the Admin- conference if at all possible to ensure that the years, creating anxieties for local communities istration's budget submission this year. collections from these users don't exceed who hold on to appropriated funds tighter and Although we've improved our position with what we are able to appropriate. tighter, even when they can't be spent imme- the budget allocation, we have still not been On the Energy side of the equation, we diately. There have been a number of other able to make up what is truly needed after two faced similar budget constraints. We had to significant changes in the way the Corps does El Nino seasons. balance new priorities, like the Spallaton Neu- business: If you are wondering why JOE MCDADE and tron Source, while sustaining numerous other (1) Projects that are being constructed are I are retiring, it's because, despite adding DOE programs that are essential to the nation. smaller, greener and have a higher non-fed- more than $700 million to the President's While I would like to see an increase in the eral cost-share. budget request for the water projects that are number for solar and renewable energy pro- (2) The Corps has shaved the time it takes so important to our colleagues, the bill is still grams, I am pleased that this account did not to complete the study phase of a project and $200 million below last year's level. This sustain any cuts, given the difficult environ- initiate construction. whole question of the budget agreement of ment in which the committee was forced to (3) The federal cost-share has gone down last year, and Republican efforts to make ad- work. and the non-federal sponsors of water re- ditional budget cuts in this year's budget reso- I understand the reasoning behind the com- source projects are less interested in the lution is one worth examining, especially for mittee report's words of caution to the Admin- Corps doing a project than the Corps becom- our bill which is usually so popular with mem- istration pertaining to policy decisions and ing a partner with local, state and even non- bers. sound science with regard to global climate profit entities to complete a project. My colleagues have seen this chart during change, but I would like to reiterate that the (4) The non-federal sponsors are more and consideration of the budget resolution, show- energy efficiency programs funded in this bill more interested in gaining a greater voice in ing the effects of these budget cuts on all non- are programs that our nation has been invest- all phases of a project, from the planning defense discretionary programs. The compari- ing in for years, long before the debate over phase to the engineering work to the actual son to level funding, taking inflation into ac- global climate change. construction. count, leaves spending at 18% below current I believe that any debate relating to climate (5) In many instances non-federal sponsors services by the year 2003. But now let's see change and the Kyoto Protocol should be con- are seeking out the opportunity to expedite the effect of these kinds of cuts on just one ducted independently of this bill. their projects by paying for them up front. With popular programÐthe Army Corps of Engi- The Committee was able to provide an in- non-federal dollars, and gaining the oppor- neers civil works programÐwhich is respon- crease to fusion energy programs above the tunityÐnot the guaranteeÐto get reimbursed sible for operations and maintenance of our Administration's request. by some future Congress for the federal share H4926 CONGRESSIONAL RECORD — HOUSE June 22, 1998 of a project. This lets the non-federal sponsor the cooperation of the numerous Members that any Federal spending on the Chal- exert greater control over the project and fre- who have offered their support and assistance lenge 21 program would constitute an quently construct it faster and, sometimes, for this vitally important project. illegal use of Federal funds? even at less cost than the traditional way. For years, Indiana and Illinois were caught Mr. MCDADE. Mr. Chairman, will the Many of the nation's large communities would up in the court system because of flooding gentlewoman yield? like this to become the new norm for the way disputes. With a joint Congressional effort, the Mrs. EMERSON. I yield to the gen- water resource projects are constructed in this suits were stopped and efforts were instead tleman from Pennsylvania. country. focused upon finding a resolution through a Mr. MCDADE. As usual, the gentle- (6) Communities are looking more and more basin wide Army Corps of Engineers study. woman from Missouri is absolutely cor- at the Corps as an agency with engineering The reconnaissance study has been com- rect. expertise that can help them solve a wide vari- pleted and the feasibility study is beginning. Mrs. EMERSON. I thank the gen- ety of engineering problems, not just water re- The $940,000 funding that is provided in this tleman for clarifying this matter. source problems. Communities want the bill for the continuation of the feasibility study Mr. FAZIO of California. Mr. Chair- Corps to help them do site assessments and will provide for a long-term solution to this man, I yield such time as he may con- even some remediation for lightly contami- problem which the residents of Northwest Indi- sume to the gentleman from California nated brownfield sites that stand as an impedi- ana and Northeast Illinois deserve. (Mr. BROWN). ment to redevelopment of our inner city cor- Indiana is interested in participating as a (Mr. BROWN of California asked and ridors. Communities are asking the Corps to local sponsor for the Indiana portion of the was given permission to revise and ex- help them develop cost-effective engineering Kankakee River Basin feasibility study as indi- tend his remarks.) solutions to their urban water resource cated in the follow-on letter from the Indiana Mr. BROWN of California. Mr. Chair- needsÐfrom deficiencies in their combined Department of Natural Resources. man, I rise in support of this very fine stormwater and wastewater systems to restor- INDIANA DEPARTMENT OF appropriations bill. ing stream banks in urban creeks and rivers. NATURAL RESOURCES, Mr. FAZIO of California. Mr. Chair- And, communities in my state are asking the Indianapolis, IN, May 15, 1998. man, I yield such time as he may con- Corps to help them develop plans to make Mr. PAUL MOHRBARDT, sume to the gentleman from Texas (Mr. Acting Chief of Planning Division, U.S. Army their water systems more reliable in the event REYES). of a major earthquake. The Corps is respond- Corps of Engineers, Chicago District, Chi- cago, IL. Mr. REYES. Mr. Chairman, I thank ing and is doing a good job in these new DEAR MR. MOHRBARDT: The Indiana De- the gentleman for yielding me this areas. And, the future will certainly see more partment of Natural Resources (DNR) is in- time. reliance on the Corps for its capacity to solve terested in participating as a local sponsor I rise to thank the gentleman very complex engineering problems of all kinds. for the Indiana portion of the Kankakee much for the funding provided in this (7) And finally, to its credit, the Corps has River Basin feasibility study. As a state bill for helping to solve major flood resisted becoming a granting agency such as agency, we are willing and able to partici- control and water supply problems in some of its sister agencies, like EPA, nor pate in this study. We have reviewed the ex- the El Paso-Juarez area. These re- pedited reconnaissance analysis, preliminary should it be. But the Corps does need to sources will allow our local and State equip itself with the tools that will make it project study plan, and model feasibility cost share agreement and understand our officials to move forward with environ- more effective in the new role of federal water role and responsibilities as a local sponsor mental improvements on the border. resource partner. Certainly, contracting more for this project. While the DNR will be the There is, however, one request that I work out, obtaining the authority to enter into source of the required funds for this study, would urge the gentleman to consider cooperative agreements and issue grants for the DNR will be joint sponsors with the Kan- during the House-Senate conference on certain types of work, are all critical to the kakee River Basin Commission (KRBC) for this bill. The Senate bill includes $1 Corps' success in the years ahead. the State of Indiana. million for the El Paso wastewater rec- The DNR is aware of the non-federal cost In summary, the years have flown by, but I lamation program which is not in the believe this subcommittee has served the sharing requirements for this project. It is our understanding that the initial estimates House bill. The wastewater reclama- needs of our country well, and has balanced for the feasibility study require a cash and tion program is our top water resource strongly competing interests very well. in-kind contribution of just under $800,000 priority in the El Paso area. I urge my It has not always been an easy task but from the Indiana joint sponsors (DNR and colleagues to accept the Senate level with partners like JOE MCDADE, Tom Bevill, KRBC). It is our understanding that up to 50 for this program. and John Myers, it is a committee that has percent of the contribution can be appro- Knowing that the budget is tight, I gotten the job done in a bipartisan spirit. priate in-kind services and that the remain- would offer a recommendation or sug- I ask for the support of my colleagues for ing balance must be cash. It is our further understanding that our contribution is not gestion for a budget offset that would H.R. 4060, another bill which is presented in make the $1 million increase budget this same spirit. required in full during the first year, but will Mr. Chairman, I reserve the balance be spread over the study term as mutually neutral. The El Paso area flood control of my time. agreed upon. project is provided with $5 million in The DNR understands that this letter is an Mr. MCDADE. Mr. Chairman, I yield the bill which is needed and generous. expression of intent. Execution of a feasibil- However, I believe that we can stage such time as he may consume to the ity cost share agreement with the US Army gentleman from Indiana, Mr. BUYER. the work on the flood control project Corps of Engineers will be dependent on the so that this amount could be reduced (Mr. BUYER asked and was given availability of funds. However, at this time permission to revise and extend his re- the DNR looks forward to jointly developing to $4 million in fiscal year 1999, with a marks.) the feasibility study scope of work and a cost reduced amount of $1 million shifted to Mr. BUYER. Mr. Chairman, I include sharing agreement with the Corps. the wastewater reclamation program, for the RECORD my statement in sup- Sincerely, again, our top priority. port of the fiscal year 1999 energy and LORI F. KAPLAN, Again, I want to thank the gen- water appropriations, and thank both Deputy Director. tleman for his kind assistance on any of the gentlemen for their contribu- Mr. MCDADE. Mr. Chairman, I yield help that he can provide in adjusting tions to this bill and their service to 30 seconds to the gentlewoman from the funding to meet our El Paso prior- our country. Missouri (Mrs. EMERSON). ity. I also want to echo the comments I would like to thank Chairman MCDADE and Mrs. EMERSON. Mr. Chairman, the of my colleagues in thanking both him Ranking Member FAZIO for their bi-partisan Clinton administration’s fiscal year and the ranking member for all their and expedient work in bringing this measure 1999 budget request included $25 million years of service. My only regret is that to the House Floor. for a new, unauthorized program, the I did not have longer to serve with both Included in this Energy and Water Appro- Challenge 21 Riverine Ecosystem Res- of them. priations Bill for Fiscal Year 1999, is a continu- toration and Flood Mitigation pro- Mr. McDADE. Mr. Chairman, will the ation of funds for the Army Corps of Engineers gram. Knowing that this program has gentleman yield? Feasibility Study for the Kankakee River Basin not been authorized by Congress and Mr. REYES. I yield to the gentleman in Indiana and Illinois. that the gentleman’s committee has from Pennsylvania. The support for this project spans both polit- not appropriated any funds for the pro- Mr. McDADE. Mr. Chairman, I want ical parties in Indiana and Illinois. I appreciate gram, am I correct in understanding to thank the gentleman for bringing June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4927 this to the attention of the committee manner, and they are a great example tleman from California (Mr. FAZIO) and and assure him that as this bill moves for young Members like myself. For all the members of the Subcommittee along we will give it all the consider- those who argue for term limits, I do on Energy and Water Development for ation we can. I appreciate his bringing not think they recognize or they fail their leadership in preparing this bill, to it our attention. certainly to recognize the attributes including my colleague, the gentleman Mr. MCDADE. Mr. Chairman, I yield that the gentleman from Pennsylvania from New Jersey (Mr. FRELINGHUYSEN), such time as he may consume to the (Mr. MCDADE) and the gentleman from who has worked so hard on these gentleman from California (Mr. Pack- California (Mr. FAZIO) bring to this projects. ard). honorable institution. They know when I wanted to say one thing: I greatly (Mr. PACKARD asked and was given their term limits are. I thank the peo- appreciate the committee’s continued permission to revise and extend his re- ple in Pennsylvania and California for commitment to water infrastructure marks.) bringing these two gentlemen to the projects, and in particular the commit- Mr. PACKARD. Mr. Chairman, I rise service of their country and thank tee’s continued rejection of efforts on in full support of this bill. them for their years of service. behalf of the administration to elimi- Mr. MCDADE. Mr. Chairman, I re- Mr. Chairman, I would like to engage nate the traditional role of the Army serve the balance of my time. the gentleman from Pennsylvania (Mr. Corps of Engineers in shore protection Mr. FAZIO of California. Mr. Chair- MCDADE) in a colloquy about the Cedar projects in particular. man, I yield such time as he may con- River Harbor project in my district, if Let me just say two things to my re- sume to the gentleman from Texas (Mr. I may. As my friend from Pennsylvania tiring colleagues here. For the gen- SANDLIN). is aware, last year the subcommittee tleman from Pennsylvania (Mr. Mr. SANDLIN. Mr. Chairman, I am was extremely helpful by including an MCDADE), he has always been a person particularly pleased that the commit- appropriation for the repair of the east that I could go to on a bipartisan basis tee has included report language re- breakwater at Cedar River Harbor. and ask for help. I will definitely re- garding the Caddo Lake Wetlands. I During the implementation of this member that for a long time. want to clarify that the committee has project, however, the Army Corps of With regard to the gentleman from included this language for the purpose Engineers found that the current was California (Mr. FAZIO), he is someone of directing the Bureau of Reclamation different than expected. In order to that I have asked for advice on a num- to use funds appropriated in fiscal year protect the harbor, repairs are also ber of occasions for a number of things, 1997 to continue the Caddo Lake Wet- needed and are also necessary to the and in many ways I really model my- lands project. west breakwater. The Corps has the self after him in terms of my congres- Mr. McDADE. Mr. Chairman, will the sional career. We will have other op- gentleman yield? necessary funds to complete repairs on the west breakwater left over, as left- portunities to thank these individuals Mr. SANDLIN. I yield to the gen- over the course of the year, but I do tleman from Pennsylvania. over money from the fiscal year 1998 appropriations. This is not a new au- want to thank them today. Mr. McDADE. Mr. Chairman, the Mr. McDADE. Mr. Chairman, I yield 1 thorization. It is merely a clarification gentleman’s statement is correct. minute to the distinguished gentleman for the Army Corps of Engineers. They Mr. SANDLIN. Mr. Chairman, I also from New Mexico (Mr. REDMOND). want to clarify that of the $630,000 pro- simply need to be able to use these Mr. REDMOND. Mr. Chairman, I rise vided in fiscal year 1997, the Bureau of funds for repair of the west breakwater in support of H.R. 4060, and I would like Reclamation provided $200,000 for the in addition to the east breakwater. to thank the chairman for entering The appropriated amount last year Caddo Lake Scholars program and that into a colloquy with me. the remaining balance of funds should was $2.377 million. The Corps has al- I support H.R. 4060. However, I have be committed to the Cypress Valley Al- ready contracted for the east break- one concern in regard to the $8 million liance. water at $1.2 million for the repair. dollars for the waste isolation pilot Mr. McDADE. Mr. Chairman, the That would leave us $1.177 to repair the project for the Santa Fe bypass relief gentleman is accurate again. The com- west breakwater. route. The relief route is overdue for mittee directs the Bureau of Reclama- Without the ability to repair the construction. The amount was removed tion to use the balance of previously west breakwater, I am afraid our ef- during committee. appropriated funds for other wetland forts to protect this harbor would be I respectfully ask that it be rein- development components of the Caddo futile. stated in conference to the Senate bill, Lake Wetlands project as previously Mr. McDADE. Mr. Chairman, will the if at all possible. I want to thank the dictated. gentleman yield? chairman for working with us on this Mr. SANDLIN. I thank the distin- Mr. STUPAK. I yield to the gen- particular bill. guished chairman for this clarification, tleman from Pennsylvania. This is very important so that we can and thank him for his long service to Mr. McDADE. Mr. Chairman, I want get the nuclear waste away from Los the House, and the gentleman from to express my thanks to the gentleman Alamos National Lab, also Rocky California (Mr. FAZIO) for his service. I and that of the committee for his dili- Flats, Colorado, and also in Idaho. It urge my colleagues to support this bill. gence in bringing this issue to our at- needs to bypass the city of Santa Fe. Mr. FAZIO of California. Mr. Chair- tention. I want to assure him that it Most importantly, Mr. Chairman, it man, I yield such time as he may con- seems as though the equities are with has been great working with the gen- sume to the gentleman from Michigan him and that we will continue to work tleman, and I wish him the best, espe- (Mr. STUPAK). this problem as we go through con- cially in his retirement, that he gets to Mr. STUPAK. Mr. Chairman, I thank ference. play with his 8-year-old son. the gentleman for the opportunity to Mr. STUPAK. I thank the gentleman Mr. McDADE. Mr. Chairman, will the do a colloquy. for his clarification, and thank him gentleman yield? First, if I may, I would like to thank and appreciate the opportunity to work Mr. REDMOND. I yield to the gen- the gentleman from Pennsylvania (Mr. with him in the future as this moves on tleman from Pennsylvania. MCDADE) and the gentleman from Cali- to conference. Mr. McDADE. Mr. Chairman, I thank fornia (Mr. FAZIO) for all their years of Mr. FAZIO of California. Mr. Chair- the gentleman for bringing the matter service to this House. They have al- man, I yield 1 minute to the gentleman to our attention. We expect to work ways conducted themselves in a bipar- from New Jersey (Mr. PALLONE). with him diligently as we go through tisan manner. That is why we see a bill Mr. PALLONE. Mr. Chairman, I rise conference. such as the energy and water appro- today in support of H.R. 4060, which Mr. FAZIO of California. Mr. Chair- priations bill each and every year com- provides invaluable Federal assistance man, I yield 2 minutes to the gen- ing forward with very bipartisan sup- for flood control shore protection and tleman from Florida (Mr. DEUTSCH). port to be passed without much argu- navigation projects in my home State Mr. DEUTSCH. Mr. Chairman, I join ment on the floor. of New Jersey. all of my colleagues in congratulating On and off the floor they have con- I want to thank the gentleman from and really saying thanks to the chair- ducted themselves in a very genteel Pennsylvania (Mr. MCDADE), the gen- man and the ranking member who have H4928 CONGRESSIONAL RECORD — HOUSE June 22, 1998 done more for this country, really, KISSIMMEE RIVER RESTORATION I would like to join with him in than few other Members. If Senate Budget is Adopted ($10,000,000 al- thanking the committee for what they To the gentleman from California location): have put in this particular bill with the (Mr. FAZIO), personally, if I have had Contract 3(S–65 Modification), CNT 4C shore protection, as the gentleman literally one key mentor in Congress, (local levee removal), and Contract 2 (Canal widening for C–35 & 36) can be completed. from New Jersey just was speaking to, it has been him. Contract 14A (to remove 1M CY of mate- but most particularly I think to really I would join many of my colleagues rial) can be completed. Contract 14B (to re- impress upon the committee that it is today to say that as good as this bill is, move 5M CY of material) will not be awarded most important on these Everglades our hope from a Florida perspective is in FY 99. The entire 6M CY of material of projects to move at least substantially that the legislation could have gone a Contract 14A & B must be removed before towards the Senate markup document little bit further towards the Presi- any work in the lower basin is initiated. at this time, knowing that there is not dent’s request in terms of Everglades Majority of the environmental restoration benefits are claimed in the lower basin. How- going to be enough money to get back restoration projects. ever, if the request is reduced to 10 million, to the President’s budget. I am planning on introducing for the the initial environmental component Con- But these are very important RECORD an Army Corps of Engineers tract 7 (Reach 1 Backfill of canal C–38) will projects. The Kissimmee River going analysis which talks about the specif- definitely not be awarded in FY 99. A prior back to the natural flow into Lake ics of programs, if this is the ultimate commitment was made to initiate Reach 1 Okeechobee and then south through budget, that will not be funded. Con- Backfill by 30 March 1999. This commitment the Sharks Slough to the Florida Bay, gress has made an incredible commit- will not be met. The remaining three reaches this is tremendously important to the will also be delayed, and the corresponding ment in the 6 years I have been here to- Everglades and should be of utmost im- wards this. environmental benefits will not be obtained. Engineering efforts in preparing P&S for fu- portance to this committee and this Mr. Chairman, I include for the ture contracts will be downscaled because of Congress. RECORD the following: limited funds and no A–E contract awards in I would also like to point out that 1999. one of the facilities that would be lost Fiscal year Fiscal year 1998 1999 Senate House To implement the Reach 1 backfill con- if we do not at least go towards the project al- Budget re- markup markup tract, flood control features of Istokpoga Senate would be the Melalueca Quar- locations quest basin (Contract 6, a large tributary within antine Facility, which is tremendously Reach 1) will need to be addressed. If the C&SF ...... $21,833 $40,800 $25,000 $20,900 important. Kissimmee ...... 2,817 27,300 10,000 3,500 Istokpoga works is delayed, the Corps will go Critical projects ...... 4,009 20,000 10,000 3,000 to condemnation, tie-up resources, cause ad- Mr. MCDADE. Mr. Chairman, may I ditional delays, and Reach 1 Backfill cannot inquire how much time remains? CENTRAL & SOUTHERN FLORIDA be initiated. The CHAIRMAN. The gentleman All assumptions are made with the under- The balance of FY 1999 will be used to pre- from Pennsylvania (Mr. MCDADE) has 1 standing that funding will only be delayed pare P&S which will be shelved until funds minute remaining, and the gentleman become available. for one year and required funding will be from California (Mr. FAZIO) has 2 min- available in the following year. If House Budget is Adopted ($3,500,000 allo- If Senate Budget is Adopted ($25,000,000 al- cation): utes remaining. location): In addition to the above, Contract 14A (to Mr. FAZIO of California. Mr. Chair- West Palm Beach (C–51): Delay in funding remove 1M CY of material) will not be man, I yield myself such time as I may for relocations may not impact the overall awarded in FY98. As noted above, all of Con- consume. project schedule. Delay in funding S–360, G– tract 14 needs to be completed before imple- I have been fortunate to serve on this 312, and levees (components of Stormwater mentation of the lower basin works. None of subcommittee for 19 years, and I must Treatment Area 1 East) would not signifi- the primary restoration benefits will be ob- say I have always enjoyed the biparti- tained in FY 99. cantly impact the project. The project would san atmosphere in which the work has likely still be completed within the overall CRITICAL PROJECTS: completion schedule. been conducted. Tom Bevill and John If Senate Budget is Adopted ($10,000,000 al- Myers were the senior members of each South Dade (C–111): Delay in funding for S– location): 332A, B, and C pumping plants, and Levees With a funding level of 10 million, NEPA, party for almost all the time that I and the Canal work will not significantly im- and design development could not be initi- have served on this committee, but my pact the overall project completion. Recent ated on 4 projects for which letter reports years with the gentleman from Penn- requirements for a new GRR supplement have been developed; Seminole Tribe Big Cy- sylvania (Mr. MCDADE) have been par- have caused this delay to be necessary re- press, Loxahatchee Slough, L–31E and ticularly gratifying and enjoyable. gardless of funding. Melalueca Quarantine Facility. In addition, Upper St. Johns: Delays in funding L74N He is the wonderful guy we have the South Dade County Agriculture and heard him described as by so many col- and S–96E will increase the overall project Rural Area Retention and South Biscayne completion time. Bay Watershed Management Plan studies leagues today. We obviously have a If House Budget is Adopted ($20,900,000 allo- could not be initiated. Since WRDA 96 re- very tough bill. This is not a bill we cation): quires that the Critical Projects be initiated have enjoyed bringing to the floor, be- West Palm Beach (C–51): Delay in funding by 30 September 1999, all projects listed cause it is significantly below what we for relocations may not impact the overall above could not be implemented under this would like to spend in light of what we project schedule. Delay in funding S–360, G– authority. spent in the last year. 312, and levees (components of Stormwater If House Budget is Adopted ($3,000,000 allo- Treatment Area 1 East) would not signifi- cation): b 1830 cantly impact the project. However, the ad- With a funding level of 3 million, NEPA, ditional cuts would delay completion of What I mean by that is there are and design development will not be initiated many, many worthy projects that have pump Station S–362 (Stormwater Treatment on 9 projects for which letter reports have Area 1 East outflow pump station) which been developed: Golden Gate Estates, not been funded in this bill because we would delay the overall project completion. Tamiami Trail Culverts, Lake Okeechobee simply have not been given the alloca- The time could not be made up regardless of Water Retention/Phosphous Removal, Ten tion. the follow-on funding. Mile Creek, Lake Trafford, Southern Crew, We all understand that that will be Comprehensive Restudy: The additional Seminole Tribe Big Cypress, Loxahatchee the case for the future. I hope to, in a cuts will adversely impact work on the Re- Slough, L–31E, and Melalueca Quarantine few minutes, using some charts, point study. A delay in funding will result in com- Facility. In addition, the South Dade County pletion beyond the mandatory completion out the degree to which discretionary Agriculture and Rural Area Retention and spending has been reduced across the dates. South Biscayne Bay Watershed Management South Dade (C–111): Delay in funding for S– Plan studies could not be initiated. Since spectrum. 332A, B, and C pumping plants, and Levees WRDA 96 requires that the Critical Projects We have also seen the end of the and Canal work will not significantly impact be initiated by 30 September 1999, all carryovers. There was a time when this the overall project completion. Recent re- projects listed above could not be imple- committee carried over $800 million in quirements for a new GRR supplement have mented under this authority. unexpended Corps appropriations that caused this delay to be necessary regardless of funding. Mr. Chairman, I yield to the gen- gave great flexibility so that those Upper St. Johns: Delays in funding L74N tleman from Florida (Mr. SHAW). communities that were not imme- and S–96E will increase the overall project Mr. SHAW. Mr. Chairman, I thank diately capable of spending money completion time. the gentleman for yielding to me. could make it available to others. June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4929 Those days have ended as well. Com- country. I thank the chairman and the It would make sense to ensure that the munities are holding on to their bucks, ranking member and members of the $400 million currently accrued by USEC to making it harder and harder for the committee for funding it this year. fund the management and disposition of the Corps to put the money where it can do Mr. ABERCROMBIE. Mr. Chairman, today USEC ``tails'' continue to be earmarked for the most good. the House is debating the appropriations for cleaning up the ``tails'' rather than diverted to So the gentleman from Pennsylvania the Energy and Water budget. I would like to some purpose for which it was not intended. (Mr. MCDADE) and I leave the Congress bring to your attention the funding for the U.S. I will continue to work to ensure that a solution a little bit concerned about what we Department of Energy's program ``Hydrogen is reached before the final sale of USEC. leave this bill to in the future, knowing from Renewable Resources.'' This very suc- Mr. POMEROY. Mr. Chairman, while I will that there are good and worthy people cessful program conducts research into the re- be voting for the Energy and Water Appropria- who take our place, but knowing as newable production and storage of hydrogen. tions bill at this early point in the legislative well that the credible demands, par- At the University of Hawaii, the program has process, I want my colleagues to know that ticularly on the water side of this bill, been so successful that it was rated as a the funding in this measure for several impor- after two El Nino winters make it very ``U.S. DOE Center of Excellence in Hydrogen tant water projects in North Dakota are not difficult for this Congress to be in a po- Research and Education.'' adequate and must be improved in conference sition to respond legitimately to the Last year, with a total budget of $16 million, committee. concerns that are brought about, not approximately $6.9 million was allocated to I am particularly disappointed that the Sub- just from economic development inter- core research and development for the hydro- committee appears to be relying on the Sen- ests, not just from public safety and gen research program. This year, the House ates' funding commitments for the Devils Lake flood protection interests, not just Appropriations Committee proposes to in- outlet, the Buford-Trenton irrigation district from environmental interests, but from crease the funding to $18 million while the flowage easements, and the Garrison Diver- the whole spectrum of our local and Senate has pursued a budget of $29 million. sion MR and I projects to avoid committing ap- State governmental bodies that are However, despite the Administration's $10 mil- propriate and required funding levels in the adding increasingly large amounts of lion request for research funding, the House House. their own money to match those that Appropriations Committee has reduced the re- I will be working closely with the House con- we provide for the Corps. search budget to $3 million. ferees to obtain a fair result for North Dakota But I have to say, Mr. Chairman, I Reduction of core research and develop- in the conference committee and regret the think this committee has done a wor- ment to only $3 million would be damaging to House bill in its present forum falls so far short thy job this year, as it has during the critical research programs at universities, with- of the mark. last 19 I have served on this committee. in the national DOE laboratories, and to the I am voting for the bill to move us to the We do the best we can, and we know University of Hawaii Center of Excellence. next step in the processÐconference commit- that Members will understand and sup- As we move forward with this appropriation teeÐbecause I believe this will be the fastest port us as I hope they will tonight process, I strongly urge that sufficient funding way to make the needed improvements to this unanimously. will be dedicated to this renewable energy re- bill. Mr. MCDADE. Mr. Chairman, I am source. Mr. BROWN of California. Mr. Chair- pleased to yield 1 minute to the distin- Mr. STRICKLAND. Mr. Chairman, I rise man, I want to congratulate the Chair- guished gentleman from Minnesota today to express my concern for funding the man of the Energy and Water Sub- (Mr. GUTKNECHT). management of the depleted uranium Mr. GUTKNECHT. Mr. Chairman, I hexafluoride (DUF6) currently stored at the fa- committee, Mr. MCDADE and Mr. thank the gentleman for yielding to cilities in Piketon, Ohio and Paducah, Ken- FAZIO, the ranking Member, for their me. I wanted to thank the chairman tucky and hard work to bring this bill forward in for his distinguished leadership on this Depleted uranium hexafluoride (DUF6) is a difficult year. As the ranking Mem- subcommittee for all of these years, hazardous and extremely corrosive. These ber of the Science Committee, my par- and thank the gentleman from Califor- materials are known as ``tails'' and are the re- ticular concern rests with the civilian research and development accounts at nia (Mr. FAZIO) and all the members of sult of years of enriching uranium for nuclear the subcommittee. fuel in commercial power plants. Atmospheric the Department of Energy. I rise today in support of the bill as releases of DUF6, if they occurred, would In what is a difficult year for funding the cochairman of the Upper Mis- pose a significant threat to workers at the sites choices, I believe the Subcommittee sissippi River Task Force, which is a and communities surrounding those sites. has done a fairly good job. Overall, the bipartisan group of Members who work The United States Enrichment Corporation civilian research accounts are up 2.5% together to protect this historical nat- (USEC) was established in the Energy Policy compared to FY 1998 leaving energy ac- ural resource. Act of 1992 to assume responsibility for the tivities holding their own when meas- The EMP, the Environmental Man- Department of Energy's (DOE) uranium en- ured against inflation. Compared to the agement Program was something that richment program. Currently, USEC has ac- administration’s request, or my per- was started a number of years ago and crued approximately $400 million from the pri- sonal preferences, this result is some- really has been a model of success. The vate sector which is supposed to be utilized to what disappointing. The administra- EMP program forces commercial con- clean up the ``tails'' it has generated. The tion asked for $288 million more than cerns, environmental concerns, and 1992 Energy Policy Act not only transferred the Committee has provided and those those with recreational concerns to the Department's uranium enrichment program funds would have gone to very worthy, work together to protect the Mis- to USEC, but it also included a requirement very important projects. sissippi River. that USEC prepare a strategic plan to privatize As disappointing as this outcome The House has approved $19 million the corporation, and today, that privatization may be for some, I must warn my col- for this program as part of its fiscal plan is near completion. The $400 million spe- leagues and my friends in the research year 1999 budget. I would point out that cifically earmarked for cleaning up the ``tails'' community, that this may be as good this is more than the President has re- will be transferred to the General Fund of the as it gets. The House-passed budget quested. But I would also say that this Treasury upon completion of privatization. I would impose devastating cuts on the has been something that the House has am anxious to see that these funds accrued Function 270 accounts in the fiscal done a better job over the last several by USEC for cleaning up the ``tails'' are used years 2000 through 2003 and those cuts, years of funding than has been re- to meet that need after privatization. if we agree to take that budget pro- quested by the administration. I have been greatly disturbed to learn that posal seriously, would fall primarily on But this is a classy example of a win- the plans for privatization call for job losses to- energy programs in this bill and the In- win situation where environmental taling between 600 and 1700 workers at the terior Appropriations bill. concerns, recreational concerns, com- Ohio and Kentucky facilities. Ensuring that the I must mention some specific con- mercial concerns are all brought to- $400 million is spent to dispose of USEC's cerns with the bill as it stands and I gether, people work together to create DUF6 at both of the Gaseous Diffusion plants hope that my friends from the Sub- a better Mississippi River, a better en- would certainly help to mitigate the workforce committee will work with me to ad- vironment, and frankly I think this is reductions by employing the displaced work- dress these issues as we move to Con- a model program for the rest of the ers. ference. H4930 CONGRESSIONAL RECORD — HOUSE June 22, 1998 EXTERNAL REGULATION AT LAWRENCE has taken is incorrect and will impede The companion bill to H.R. 4060 reported in BERKELEY LAB research that would provide significant the other body includes NGI funding for DOE. Section 508 of this bill removes DOEs benefits for the nation. I strongly urge the Appropriations Committee authority to self-regulate the Law- When the NGI was first proposed in to reconsider the position taken by the House rence Berkeley Laboratory and calls the spring of 1997, as part of the Presi- report and, during the conference on H.R. for a report to be submitted that would dent’s fiscal year 1998 budget request, 4060, to provide for DOE's participation in detail the transition from DOE regula- the rationale and plan for the initia- NGI. tion of environment, safety and health tive were incomplete. As a result, the SOLAR AND RENEWABLES FUNDING IN H.R. 4060 to NRC and OSHA regulation. Science Committee did not authorize Mr. Speaker, I also want to state my con- I support the goal of external regula- appropriations for the program in its cern that H.R. 4060 fails to fund the increase tion of DOE facilities because I believe fiscal year 1998 DOE authorization bill in renewable energy funding requested by the that cost-savings will result, but more nor in its authorization bills last year Administration. I recognize that money is quite importantly, because I believe that for the other agencies participating in tight and that difficult choices need to be there is an inherent conflict of interest NGI. However, later in 1997, a detailed made. Nevertheless, I am concerned that the in having the people who are respon- NGI implementation plan was released, Committee may have chosen to eliminate this sible for environment and worker and the Science Committee held hear- funding on the unsound belief that such fund- health and safety be the same people ings last fall to examine the program. ing would somehow constitute ``back-door'' im- who are responsible for personnel. On the basis of the Committee's findings plementation of the Kyoto agreement on cli- However, I do not support the exter- from that review, an authorization bill, H.R. mate change. nal regulation language in this bill. 3332, was written for the NGI initiative. The Mr. Speaker, I recognize that many of my The language legislates on an appro- Science Committee reported the bill in May, colleagues have reservations about the Kyoto priations bill, bypassing the authoriz- including an authorization of appropriations at agreement. The Administration itself has said ing Committees who have jurisdiction the level of the Administration's request. We that it is incomplete, and that therefore it will over this issue. The Science Committee expected that DOE would be a major partici- not submit it for Senate ratification until we has had a long interest and involve- pant in the NGI initiative, and I am dis- have secured meaningful participation from ment in the issue of how and whether appointed to find that the appropriations bill key developing countries. The Administration DOE facilities should be externally reg- now under consideration by the House with- has also repeatedly said that it will not attempt ulated. Last month, two Science Sub- holds appropriations for DOE. to implement the Kyoto agreement without committees held a joint hearing on this The NGI is an important research initiative Senate ratification. matter in which Betsy Moler, the Dep- that is designed to increase the capacity, ex- Despite these assurances, a number of Members are attacking elements of the Presi- uty Secretary of Energy, agreed to tend the capabilities, and improve the reliabil- dent's budget which serve critical national work with us in developing a process ity of the Internet and related data networks. goals but also have the ancillary benefit of re- by which the DOE would move to an It is an outgrowth of collaborative R&D efforts ducing greenhouse gas emissions. Such is the externally regulated system. among government, industry and academia to President's request for the ``Climate Change I further object to this language be- advance the capabilities of high performance Technology Initiative,'' which proposes $2.7 cause I believe that it does not ade- computer networks. These past R&D efforts, billion in additional research and development quately address the complexity of the initiated under the High Performance Comput- spending at several federal agencies. This in- many issues that external regulation of ing Act of 1991, have shown that such col- creased funding would largely expand existing DOE facilities must resolve. For in- laboration spurs technological advances by stance, the language implies that the research programs which have served us well creating a critical mass of talent, spreading for many years. NRC will have to clean up and decom- risk, and leveraging resources. mission the Bevatron, a mothballed fa- In this bill, for example, the Department of The basic idea of the NGI initiative is to ac- Energy's solar and renewable research pro- cility at Lawrence Berkeley. That celerate the capabilities of the Internet to sup- could cost $200 million. Moreover, the grams have made dramatic progress in im- port demanding multimedia and interactive ap- proving the performance of solar and renew- language provides no guidance about plications. The future network capabilities envi- key issues such as whether NRC should able energy while lowering its cost. This is sioned are necessary for research, edu- precisely the type of long-range, risk-taking re- license or certify the facility, or cational uses, and commercial uses that will search that properly should be carried out by whether the NRC is intended to regu- require levels of service that are not now the Federal government. By its nature, not ev- late medical accelerators which are available. The approach taken by NGI will erything DOE does will succeed; but past per- currently State-regulated. I note that continue the successful, close collaboration formance leads us to hope that DOE can help the administration has indicated that among the government, industry and aca- develop solar and renewable energy sources OSHA and the State of California lack demia that led to the creation and early devel- to become more competitive with other energy legal authority to regulate at a Depart- opment of the existing Internet. sources in the future. ment of Energy lab, which raises the Research results from NGI will be rapidly It should be in our interest to encourage the specter of a lab lacking health and transferred to the commercial Internet, and development of a diverse energy portfolioÐ safety standards; an unintended con- consequently, made available for all Internet one that does not rely predominantly on lim- sequence of this legislative language, users, because commercial network providers ited, non-renewable and polluting fossil fuels. but one which may put workers and will be participants in the NGI initiative. This It should also be in our interest to encourage community lives at risk. research is needed to ensure that the future energy security, instead of relyingÐas we I look forward to working with the capabilities of the Internet will effectively sup- doÐon increasing amounts of imported for- Appropriations Committee to clarify port its growing role in commerce, research, eign oil to meet our energy demands. and improve the guidance for this first and education. In summary, the activities And, finely, solar and renewable energy pro- step at externally regulating DOE fa- planned under NGI will help maintain the na- vide us with a cheap insurance policy against cilities. tion's predominant position in computer net- climate change. I understand that many Mem- NEXT GENERATION INTERNET IN H.R. 4060 working technology. bers are unconvinced that that climate change The Appropriations Committee re- Prohibiting the Department of Energy from is already occurring, and are waiting to see port on H.R. 4060 sets the appropria- participating in NGI will damage the multi- stronger proof. I also understand, as I stated tions level for the Department of Ener- agency program, with its interdependent R&D before, that many Members have reservations gy’s Computational and Technology components. Adequate justifications for sup- about the provisions of the Kyoto protocol. But Research program at $22 million below port for NGI are provided by the February we cannot wait for a smoking gun or the per- the Administration’s request. This re- 1998 implementation plan released by the Na- fect treaty to make a start now on developing duction is explicitly designated as ze- tional Coordination Office for Computing, Infor- the technologies that we may well need ten or roing the DOE’s requested funding for mation, and Communications and by the testi- fifteen or even twenty years from now. By cut- the Next Generation Internet initia- mony presented to the Science Committee. ting off this research now, we are choking off tive. The report language goes on to Also, the Science Committee, which is the our future options and saddling those that fol- suggest that the NGI initiative had not principal committee of jurisdiction, has re- low us with harder, not easier, choices. This is been adequately justified. I believe the ported an authorization bill for the overall NGI an abdication of responsibility for future gen- position the Appropriations Committee program. erations. June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4931

Mr. Speaker, funding solar and renewable pressing gratitude to Chairman MCDADE and project to ``implement the modification to the energy R&D is the right thing to do. It is not Ranking Member FAZIO for their hard work. I project required by the proposed amendments a backdoor implementation of the Kyoto proto- would also like to personally thank my New to the Colorado Ute Indian Water Rights Set- col. There's nothing mandatory, there's noth- Jersey colleague who serves on the Sub- tlement Act.'' In effect, the report tells the Bu- ing regulatory, about energy research and de- committee, RODNEY FRELINGHUYSEN, for his re- reau to build a controversial project that has velopment programs. These are win-win in- sponsiveness to my request for funding for a not been authorized by the Congress. vestments that meet our energy needs while major economic development project in my The Bureau should not follow this unwise giving us some options for addressing the home city of Newark. I was pleased to have dictate since there is no legislation authorizing greenhouse problem. the opportunity to testify before the Sub- the modification to the project. I certainly hope that the Chairman and the committee earlier this year, as I have many I am pleased that bill includes $200,000 that Ranking Member of the Subcommittee on En- times in the past, in behalf of the development the Administration requested for the Army ergy and Water can find a way to increase the of the Joseph Minish Waterfront park and His- Corps of Engineers to initiate a feasibility funding for DOE's solar and renewable pro- toric Area in downtown Newark. study on the removal of the underwater haz- grams when they go to conference. The $5 million included in this bill for the de- ards to navigation near Alcatraz Island. Al- H.R. 4060 SECTION 306 PROVISIONS ON LAB COMPETITION velopment of the waterfront will allow us to though submerged even at low tide, these Finally, I note Section 306 of the bill, which continue moving forward with the project, rock outcroppings could be struck by deep addresses a very serious issue of Energy labs which has already received $10 million for draft container and especially oil tanker ves- competing with the private sector. We place construction. In recent years, the city of New- sels that frequently pass nearby, posing a labs in a precarious position to do work that is ark, the nation's third oldest major city, has substantial risk of an oil spill. in the public's interest and for which there may been greatly enhanced by a number of im- The feasibility study will investigate environ- not be an obvious commercial interest and si- provements and additions. We are especially mental impacts and mitigation, and develop multaneously to behave in a more profit-ori- proud of our new Performing Arts Center, a project implementation alternatives and cost ented manner. It is my understanding that world class cultural center which has already estimates. I appreciate the Subcommittee's Sec. 306 is intended to address a rather nar- attracted visitors from around the world. The continuing support of this important navigation row, though disturbing, instance of a lab hi- development of the waterfront will complement project to protect both the environment and jacking technology already developed in the the Performing Arts Center and provide a the economy of San Francisco Bay. private sector. great attraction for both visitors and local resi- I thank the Committee for its hard work on My concern with the language in the bill is dents. Specifically, the funding will allow us to this legislation, and I urge my colleagues to that it is overly broad and will place a horrific proceed with the restoration of 3000 feet of support H.R. 4060. bureaucratic burden on the Department at the riverbank and wetlands as well as the con- Mr. BEREUTER. Mr. Chairman, this Mem- same time that we want them to work leaner struction of one thousand feet of bulkhead ber would like to commend the distinguished and smarter. I hope that we can work together along the river. gentleman from Pennsylvania (Mr. MCDADE), to improve this language at conference or find Mr. Chairman, this funding represents a the Chairman of the Energy and Water Devel- another solution to this issue so that language solid investment in the future of a great city. opment Appropriations Subcommittee, and the of such sweeping magnitude is unnecessary. I Again, in behalf of my constituents, I thank the distinguished gentleman from California (Mr. want to assure those concerned about this Subcommittee for its support of this key eco- FAZIO), the Ranking Member of the Sub- issue that I would be happy to have the nomic development initiative. committee for their exceptional work in bring- Science Committee investigate this issue and Mr. MILLER of California. Mr. Chairman, I ing this bill to the Floor. hold hearings on it. rise in support of H.R. 4060, making Appro- This Member recognizes that extremely tight Mr. PACKARD. Mr. Chairman, I rise today priations for Energy and Water Development budgetary constraints made the job of the to convey my deepest gratitude to two of my for Fiscal Year 1999. Subcommittee much more difficult this year. colleagues. Both the Chairman and Ranking This bill provides funds for critical flood con- Therefore, the Subcommittee is to be com- Minority of the Energy and Water Appropria- trol and navigation projects in Contra Costa mended for its diligence in creating such a fis- tions Committee, JOE MCDADE and VIC FAZIO, County and the San Francisco Bay Area of cally responsible bill. In light of these budg- will soon leave this body and both will be California. I appreciate the Committee's con- etary pressures, this Member would like to ex- deeply missed. tinued support for these projects. press his appreciation to the Subcommittee I've known both of these men for the en- I am particularly pleased that the Commit- and formally recognize that the Energy and tirety of my time here in Congress and I have tee's bill will assist in the continuation of fund- Water Development appropriations bill for fis- been fortunate enough to work with them both ing Federal participation in the Bay-Delta eco- cal year 1999 includes funding for several on many occasions. As a Californian, I feel es- system restoration programs authorized by the water projects that are of great importance to pecially grateful to Mr. FAZIO for his unwaver- California Bay-Delta Environmental Enhance- Nebraska. ing commitment to our state. He has been one ment and Water Security Act. However, I note This Member greatly appreciates the $8 mil- of the most dedicated Members of this House that the FY 1999 appropriation for Bay-Delta is lion funding level provided for the four-state and has consistently supported the interests of significantly less than the requested amount, Missouri River Mitigation Project. This rep- not only his constituents, but of all Califor- and also reflects a reduction from the FY 1998 resents a much-needed increase over the Ad- nians. funding level. I encourage our Conferees to ministration's insufficient request for this im- As a fellow Appropriations Subcommittee restore funding for this important program. portant project. The funding is needed to re- Chairman, I have a deep appreciation for the Funding the Bay-Delta programs at the FY store fish and wildlife habitat lost due to the remarkable job JOE MCDADE does in bringing 1998 level will allow us to continue critical Federally sponsored channelization and sta- a fair, responsible bill to this floor each year. work to restore the many components of this bilization projects of the Pick-Sloan era. The His hard work and dedication consistently re- huge area that have been damaged by human islands, wetlands, and flat floodplains needed sults in legislation capable of stretching federal activity. to support the wildlife and waterfowl that once dollars to respond to the many needs across The Committee bill raises for the second lived along the river are gone. An estimated the nation under the jurisdiction of his Sub- year a problem with the Central Valley Project 475,000 acres of habitat in Iowa, Nebraska, committee. Restoration Fund. According to the Committee Missouri and Kansas have been lost. Today's Mr. Chairman, this year is no exception. The Report, appropriations for the Restoration fishery resources are estimated to be only legislation both Mr. MCDADE and Mr. FAZIO Fund will be severely reduced again in FY one-fifth of those which existed in pre-develop- have brought before this House is nothing 1999. This reduction is misguided and jeop- ment days. short of exceptional. I fully support it and urge ardizes important environmental programs. In 1986, the Congress authorized over $50 my colleagues to vote in its favor. The projects financed with the CVP Res- million to fund the Missouri River Mitigation Mr. Chairman, both of these men have been toration Fund are broadly supported and many Project to restore fish and wildlife habitat lost true leaders of this House and true American are non-discretionary projects that must be due to the construction of structures to imple- champions. Their presence here will be completed in a limited amount of time. I hope ment the Pick-Sloan plan. missed, but their legacies will not be soon for- there will be opportunities to reconsider the re- In addition, this bill provides additional fund- gotten. ductions to the Restoration Fund. ing for flood-related projects of tremendous Mr. PAYNE. Mr. Chairman, I rise in strong Language in the report for this bill directs importance to residents of Nebraska's 1st support of the Energy and Water Appropria- the Bureau of Reclamation to use its $3 mil- Congressional District. Mr. Chairman, flooding tions Bill. Let me add my voice to those ex- lion appropriation for the Animas-LaPlata in 1993 temporarily closed Interstate 80 and H4932 CONGRESSIONAL RECORD — HOUSE June 22, 1998 seriously threatened the Lincoln municipal ranking member of the Subcommittee for their Tampa Harbor, Alafia Channel, Florida, water system which is located along the Platte support of projects which are important to Ne- $200,000; River near Ashland, Nebraska. Therefore, this braska and the First Congressional District, as Barnegat Inlet to Little Egg Harbor Inlet, well as to the people living in the Missouri New Jersey, $322,000; Member is extremely pleased the Committee Brigantine Inlet to Great Egg Harbor Inlet, agreed to continue funding for the Lower River Basin. Since the distinguished gen- New Jersey, $313,000; Platte River and Tributaries Flood Control tleman from Pennsylvania (Mr. MCDADE) ear- Great Egg Harbor Inlet to Townsends Inlet, Study. This study should help formulate and lier announced his intention not to seek re- New Jersey, $300,000; develop feasible solutions which will alleviate election to the House, may I most sincerely Lower Cape May Meadows—Cape May future flood problems along the Lower Platte commend, congratulate and thank the gen- Point, New Jersey, $100,000; River and tributaries. In addition, a related tleman for the tremendous contributions he Manasquan Inlet to Barnegat Inlet, New study was authorized by Section 503(d)(11) of has made to America by the extraordinary ef- Jersey, $400,000; Raritan Bay to Sandy Hook Bay, New Jer- the Water Resources Development Act of fort and leadership he has demonstrated on the Appropriations Committee and through sey, $1,100,000; 1996. Townsends Inlet to Cape May Inlet, New Mr. Chairman, additionally, the bill provides other responsibilities he has so ably dis- Jersey, $500,000: Provided, That the Secretary continued funding for an ongoing floodplain charged in his public service while a Member of the Army, acting through the Chief of En- study of the Antelope Creek which runs of the House. I recall as if it was only yester- gineers, is directed to use $700,000 of the through the heart of Nebraska's capital city, day how the gentleman gave such friendly and funds appropriated in Public Law 102–377 for Lincoln. The purpose of the study is to find a quality advice and assistance to this Member the Red River Waterway, Shreveport, Louisi- solution to multi-faceted problems involving when I arrived to serve on the House Small ana, to Daingerfield, Texas, project for the the flood control and drainage problems in An- Business Committee in 1979 where the gen- feasibility phase of the Red River Naviga- tion, Southwest Arkansas, study: Provided telope Creek as well as existing transportation tleman from Pennsylvania served as the rank- ing minority member. Thank you, my col- further, That the Secretary of the Army is and safety problems all within the context of directed to use $500,000 of the funds appro- broad land use issues. This Member continues league and friend and very best wishes to you priated herein to implement section 211(f)(7) to have a strong interest in this project since and your family during the remainder of this of Public Law 104–303 (110 Stat. 3684) and to this Member was responsible for stimulating year and after you leave the House. reimburse the non-Federal sponsor a portion the City of Lincoln, the Lower Platte South The CHAIRMAN. All time for general of the Federal share of project costs for the Natural Resources District, and the University debate has expired. Hunting Bayou element of the project for of Nebraska-Lincoln to work jointly and coop- Pursuant to the rule, the bill shall be flood control, Buffalo Bayou and tributaries, Texas: Provided further, That the Secretary eratively with the Army Corps of Engineers to considered for amendment under the 5- minute rule. of the Army is directed to use $300,000 of the identify an effective flood control system for During consideration of the bill for funds appropriated herein to implement sec- Antelope Creek in the downtown of Lincoln. amendment, the Chair may accord pri- tion 211(f)(8) of Public Law 104–303 (110 Stat. Antelope Creek, which was originally a ority in recognition to a Member offer- 3684) and to reimburse the non-Federal spon- small meandering stream, became a straight- sor a portion of the Federal share of project ing an amendment that he has printed ened urban drainage channel as Lincoln grew costs for the project for flood control, White in the designated place in the CONGRES- and urbanized. Resulting erosion has deep- Oak Bayou watershed, Texas. SIONAL RECORD. Those amendments ened and widened the channel and created an CONSTRUCTION, GENERAL will be considered read. unstable situation. A ten-foot by twenty-foot For the prosecution of river and harbor, The Chairman of the Committee of flood control, shore protection, and related (height and width) closed underground conduit the Whole may postpone a request for a that was constructed between 1911 and 1916 projects authorized by laws; and detailed recorded vote on any amendment and studies, and plans and specifications, of now requires significant maintenance and may reduce to a minimum of 5 minutes projects (including those for development major rehabilitation. A dangerous flood threat the time for voting on any postponed with participation or under consideration for to adjacent public and private facilities exists. question that immediately follows an- participation by States, local governments, The goals of the study are to anticipate and other vote, provided that the time for or private groups) authorized or made eligi- provide for the control of flooding of Antelope ble for selection by law (but such studies voting on the first question shall be a Creek, map the floodway, evaluate the condi- shall not constitute a commitment of the minimum of 15 minutes. Government to construction), $1,456,529,000, tion of the underground conduit, make rec- The Clerk will read. ommendations for any necessary repair, sug- to remain available until expended, of which The Clerk read as follows: such sums as are necessary for the Federal gest the appropriate limitations of neighbor- Be it enacted by the Senate and House of Rep- share of construction costs for facilities hood and UN±L city campus development resentatives of the United States of America in under the Dredged Material Disposal Facili- within current defined boundaries, eliminate Congress assembled, That the following sums ties program shall be derived from the Har- fragmentation of the city campus, minimize ve- are appropriated, out of any money in the bor Maintenance Trust Fund, as authorized hicle/pedestrian/bicycle conflicts while provid- Treasury not otherwise appropriated, for the by Public Law 104–303; and of which such ing adequate capacity, and improve bikeway fiscal year ending September 30, 1999, for en- sums as are necessary pursuant to Public and pedestrian systems. ergy and water development, and for other Law 99–662 shall be derived from the Inland This Member is also pleased that the bill purposes, namely: Waterways Trust Fund, for one-half of the provides $200,000 for operation and mainte- TITLE I costs of construction and rehabilitation of inland waterways projects, including reha- nance and $150,000 for construction of the DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY bilitation costs for the Lock and Dam 25, Missouri National Recreational River Project. Mississippi River, Illinois and Missouri; CORPS OF ENGINEERS—CIVIL This project addresses a serious problem by Lock and Dam 14, Mississippi River, Iowa; protecting the river banks from the extraor- The following appropriations shall be ex- Lock and Dam 24, Part 1, Mississippi River, dinary and excessive erosion rates caused by pended under the direction of the Secretary Illinois and Missouri; and Lock and Dam 3, the sporadic and varying releases from the of the Army and the supervision of the Chief Mississippi River, Minnesota, projects, and of Engineers for authorized civil functions of of which funds are provided for the following Gavins Point Dam. These erosion rates are a the Department of the Army pertaining to result of previous work on the river by the projects in the amounts specified: rivers and harbors, flood control, beach ero- Norco Bluffs, California, $4,400,000; Federal Government. sion, and related purposes. Tybee Island, Georgia, $1,200,000; Finally, Mr. Chairman, this Member recog- GENERAL INVESTIGATIONS Indianapolis Central Waterfront, Indiana, nizes that H.R. 4060 also provides funding for For expenses necessary for the collection $4,000,000; Army Corps projects in Nebraska at the follow- and study of basic information pertaining to Indiana Shoreline Erosion, Indiana, ing sites: Harlan County Lake; Papillion Creek river and harbor, flood control, shore protec- $700,000; and Tributaries; Gavins Point Dam, Lewis and tion, and related projects, restudy of author- Ohio River Flood Protection, Indiana, Clark Lake; Salt Creek and Tributaries; and ized projects, miscellaneous investigations, $1,700,000; Wood River. and, when authorized by laws, surveys and Harlan/Clover Fork, Williamsburg, Again, Mr. Chairman, this Member com- detailed studies and plans and specifications Middlesboro, Martin County, Pike County, of projects prior to construction, $162,823,000, and Town of Martin elements of the Levisa mends the distinguished gentleman from to remain available until expended, of which and Tug Forks of the Big Sandy River and Pennsylvania (Mr. MCDADE), the Chairman of funds are provided for the following projects Upper Cumberland River, Kentucky, the Energy and Water Development Appro- in the amounts specified: $26,730,000; priations Subcommittee, and the distinguished Delaware Bay Coastline, Delaware and New Southern and Eastern Kentucky, Ken- gentleman from California (Mr. FAZIO), the Jersey, $570,000; tucky, $4,000,000; June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4933 Lake Pontchartrain and Vicinity (Hurri- licans have talked about reductions of nal. New research into alpha-emitting cane Protection), Louisiana, $18,000,000; an even greater amount. isotopes appears to be even more prom- Lake Pontchartrain (Jefferson Parish) Current services are going, in effect, ising. Yet, today more than 90 percent Stormwater Discharge, Louisiana, $3,000,000; off the chart. The demand for the of our research and treatment isotopes Southeast Louisiana, Louisiana, $85,200,000; Corps’ program vastly exceeds what are imported. A recent strike at a Ca- Jackson County, Mississippi, $7,000,000; any of us envision being able to pro- nadian reactor threatened to under- Passaic River Streambank Restoration, vide. If I could see the next chart, I mine diagnostic medical treatments New Jersey, $5,000,000; would like to point out that the Corps nationwide. Lackawanna River, Olyphant, Pennsyl- itself is telling us that the legitimate A state-of-the-art facility in my dis- vania, $14,400,000; requests made of it, program needs, are trict, the Fast Flux Test Facility, is Lackawanna River, Scranton, Pennsyl- far beyond what is going to be avail- now under consideration for production vania, $43,551,000; able under the spending caps that we of these valuable cancer fighting tools. South Central Pennsylvania Environment Improvement Program, $45,000,000, of which just agreed to. In addition, the facility could serve as $15,000,000 shall be available only for water- My purpose is not to make a partisan an interim or backup source of tritium, related environmental infrastructure and re- speech on the quintessential non- at a savings of billions of dollars over source protection and development projects partisan bill of the year. My point is other alternatives. in Lackawanna, Lycoming, Susquehanna, simply to say, yes, the administra- As the chairman knows, the House Wyoming, Pike, and Monroe counties in tion’s budget was too deeply cut, but so fully funded the President’s request Pennsylvania in accordance with the pur- will others in the future be if we keep but transferred that request into the poses of subsection (a) and requirements of on the trend line we have been on on Department’s environmental manage- subsections (b) through (e) of section 313 of nondefense discretionary spending. ment account. The Senate, on the the Water Resources Development Act of 1992, as amended; I am very concerned about this be- other hand, cut $4 million from the Wallisville Lake, Texas, $5,500,000; cause the Corps’ construction budget is program, but placed it into the energy Virginia Beach, Virginia (Hurricane Pro- being augmented by a tremendous infu- research account as requested. tection), $13,000,000; sion of State and local funding. We Although the $31 million provided for West Virginia and Pennsylvania Flood have, as I said earlier, done away with the program is inadequate to fund ei- Control, West Virginia and Pennsylvania, those carryover balances that this ther start-up or shutdown, I under- $750,000: Provided, That the Secretary of the committee used to utilize very effec- stand that the administration is work- Army is directed to incorporate the eco- tively, at one time as much as $800 mil- ing to correct this situation. nomic analyses for the Green Ridge and Plot sections of the Lackawanna River, Scranton, lion. That is gone. We have lost that I wonder if the gentleman from Penn- Pennsylvania, project with the economic flexibility. sylvania (Mr. MCDADE) might be will- analysis for the Albright Street section of All I am saying is that none of us can ing to work with us on these two the project, and to cost-share and implement be critical of budgets that will be pre- issues. these combined sections as a single project sented to this Congress in the future by Mr. MCDADE. Mr. Chairman, will the with no separable elements, except that each any administration of either party distinguished gentleman yield to me? section may be undertaken individually when we have this kind of nondefense Mr. HASTINGS of Washington. I am when the non-Federal sponsor provides the discretionary future out there ahead of happy to yield to yield to the gen- applicable local cooperation requirements; us. tleman from Pennsylvania. Provided further, That any funds heretofore Mr. MCDADE. Mr. Chairman, I want appropriated and made available in Public The Corps’ programs are good and Law 103–126 for projects associated with the worthy. They are legitimate. They to say how grateful we are to the gen- restoration of the Lackawanna River Basin need to be funded. As we view not only tleman for bringing this forcefully to Greenway Corridor, Pennsylvania, may be the highway bill this year or the au- our attention. It is our intention to utilized by the Secretary of the Army in car- thorization for the research in the Ag- work with him to ensure the program rying out other projects and activities on the riculture Department, as we look at all is appropriately funded and in the ac- Lackawanna River in Pennsylvania; Provided of the proposed budget resolutions still curate place. further, That the Secretary of the Army is to be resolved out there ahead of us, we Mr. HASTINGS of Washington. Good. directed to use $6,000,000 of the funds appro- I thank the gentleman. If the gen- priated herein to implement section 211(f)(6) see, I think, a recipe for disaster in the of Public Law 104–303 (110 Stat. 3683) and to Corps budget. I hope we can, frankly, tleman would continue into a colloquy, reimburse the non-Federal sponsor a portion all get beyond the partisanship and un- I have one more inquiry. of the Federal share of project construction derstand that the future for the things During a June 10 hearing in the Com- costs for the flood control components com- that our constituents demand of us in mittee on Resources, witnesses from prising the Brays Bayou element of the this area is bleak. the National Park Service testified project for flood control, Buffalo Bayou and Mr. HASTINGS of Washington. Mr. that the U.S. Army Corps of Engineers tributaries, Texas. Chairman, I move to strike the last is not properly complying with the im- Mr. FAZIO of California. Mr. Chair- word. plementing regulations of the Native man, I move to strike the last word. Mr. Chairman, I would like to enter American Graves Protection and Repa- Mr. Chairman, I think there has been into a colloquy with the gentleman triation Act of 1990, or NAGPRA. These a lot of very legitimate discussion on from Pennsylvania (Mr. MCDADE), the witnesses indicated that errors on the this bill and on the rule leading up to chairman. First, I would like to say part of the Corps have resulted in a it about what has been presented to us how much I appreciated working with lawsuit against the Federal Govern- by the administration in their Corps the gentleman and the ranking mem- ment for mishandling cultural re- budget this year. ber during these past 2 years. Both of sources found on land owned by the The gentleman from Pennsylvania them have worked closely with us to Corps. (Mr. MCDADE) and I worked very, very make sure that critical nuclear clean- Mr. Chairman, it was my intention to hard to get back to a figure which is up efforts are fully funded and effec- offer an amendment to set aside $10,000 $200 million below what we should be tively managed. I wish the both of to the U.S. Army Corps of Engineers spending this year. We came from $900 them the very best. overhead account to pay for a study on million down. The administration’s Mr. Chairman, I wanted to raise an the Corps’ compliance with NAGPRA. budget was terribly troubling to all of issue for the Committee’s consider- However, after discussions with the us, but I think we have got to put this ation as this bill moves into con- committee staff, I believe that the in a larger context, and that is the de- ference. As the gentleman knows, re- Corps could be persuaded to review this clining nondefense discretionary pro- search into the field of medical iso- issue without amending the bill before grams. topes has moved forward at a record us today. As we can see, the funding freeze, pace over the past several years. In one Would the gentleman from Pennsyl- which is essentially what we are learn- recent clinical trial, medical isotope vania be willing to join me in a letter ing to live with, based on the agree- therapy demonstrated a 75 to 80 per- to the U.S. Army Corps of Engineers ment made last year between the two cent success rate against non-Hodgkins requesting a review of its compliance parties, is trending downward. Repub- lymphoma patients diagnosed as termi- with this law? H4934 CONGRESSIONAL RECORD — HOUSE June 22, 1998 Mr. Chairman, I will yield to the gen- wastes that otherwise could be sooner body felt that it was imperative for the tleman from Pennsylvania. sent to WIPP. Estimates are that this State of Nevada and all affected local Mr. MCDADE. Mr. Chairman, may I might cost $20 million to $40 million governments to have sufficient re- say to my friend, I would be delighted for construction, and another $10 mil- sources to carry out their own over- to join in such a letter. The sub- lion a year to operate. sight. These necessary funds are used committee is deeply interested in the I am sure the chairman, at least I to properly oversee tests the Depart- issue. We will be happy to work with hope the chairman agrees that this ment of Energy is carrying out to de- the gentleman. would be an undesirable result, and I termine whether or not Yucca Moun- Mr. HASTINGS of Washington. Good. hope he will work to resolve this mat- tain is suitable or not suitable as a per- I appreciate the gentleman’s assistance ter in conference and eliminate what- manent nuclear waste site. with us on this matter. ever confusion this Senate bill provi- This was a very critical part of the Once again, I add my congratulations sion may have sown into this matter. 1982 act, because it allowed Nevada, to the gentleman for a successful ten- Mr. MCDADE. Mr. Chairman, will the and particularly the citizens and resi- ure here and success in getting this bill gentleman yield? dents of that State, to have confidence through the House tonight. Mr. SKAGGS. I yield to the gen- in the scientific studies and especially Mr. SKAGGS. Mr. Chairman, I move tleman from Pennsylvania. the validity of those tests that the De- to strike the last word. Mr. MCDADE. I thank the gentleman partment of Energy has been conduct- for yielding. May I say to him that one Mr. Chairman, I would like to join in ing. These resources will allow for of the highlights of my service in the the shameless piling on of compliments State and local governments to con- Congress was the opportunity to serve and bouquets being thrown at the gen- tinue to perform their own independent with him as a member of the Commit- tleman from Pennsylvania (Mr. validation tests to ensure the best tee on Appropriations for more decades MCDADE) and the gentleman from Cali- science is used to determine site suit- than we probably both want to admit. fornia (Mr. FAZIO) who are gentlemen, I ability. He will be missed. I hope to continue think, that really set the standard for It has been my experience that these our relationship in life on the outside mutual respect, good working relation- local and State scientists have been of the Capitol. ships, good humor, basic decency, care Let me say that we have no higher unbiased in their work and as such for the institution, and all manner of priority than concluding the cleanup have produced needed assurances that good things. site at Rocky Flats. We believe it is only the best scientific data is used to I was going to say I will miss you, working well, we have put a lot of determine the hydrologic and geologic but I will be gone next year, too. If I money on that effort, and we do not in- character of Yucca Mountain. had the foresight to pattern my career tend to back off it. I am not sure where Mr. Chairman, we have over 1.8 mil- after the gentleman from California that provision came from, but I want lion people in Nevada, and their safety (Mr. FAZIO), I would have gotten a lot to assure the gentleman, it has our at- and quality of life in this debate should further, but I did not think of doing it tention and we appreciate him bringing not be ignored, making it imperative early enough. Anyway, my respects this to our attention again. that we provide the financial resources and high regard to both of the gentle- Mr. SKAGGS. Mr. Chairman, I thank to ensure the State of Nevada and af- men. the gentleman very much. I just in fected local governments are able to I wanted to thank the subcommittee closing wanted to note two other provi- monitor and report on this activity. and its good staff in particular for the sions. As the chairman is aware, the Therefore, I would ask that the provisions that are included in the bill bill provides somewhat less funds than House conferees work with me to get with regard to nuclear weapons plant were requested for the section 3161 pro- $4.875 million for the State of Nevada cleanup. I think the very farsighted gram, the transition support for work- and $5.54 million for affected local gov- provision for funding the Rocky Flats ers that are being phased out of these ernments included in this appropria- closure fund even somewhat higher weapons plants around the country. I tion. These appropriation amounts are than the President’s request, really am fully aware of the difficult budget consistent with the moneys appro- will enable progress to be made there circumstances but just wanted to flag priated in the Senate fiscal year 1999 toward the hope for a closure by the that item in hopes that both we can re- Energy and Water Development Appro- year 2006, and in the process saving the plenish some of the funding and also be priations Act. taxpayers something on the order of $1 at least open to the possibility that As the Federal Government moves to billion. So I really appreciate the help there will be out-year needs beyond the designate Yucca Mountain as a perma- there. cutoff date currently included in the nent nuclear waste repository, it be- There is, however, one provision in bill. comes imperative that we address the the Senate bill that may complicate Mr. GIBBONS. Mr. Chairman, I move scientific and safety concerns of the life for us with regard to both the to strike the last word. citizens of Nevada. Rocky Flats situation and elsewhere, Mr. Chairman, first of all I would Again, I would like to thank the gen- and I would like to engage the gen- like to join my colleagues also in ex- tleman from Pennsylvania (Mr. tleman from Pennsylvania (Mr. tending my congratulations to the gen- MCDADE) and the gentleman from Cali- MCDADE) briefly in a discussion about tleman from Pennsylvania (Mr. fornia (Mr. FAZIO) for their work on that. MCDADE) and the gentleman from Cali- this bill. I would appreciate their will- Section 306 of the Senate bill would fornia (Mr. FAZIO) for their hard work ingness to work with me on this very apparently prohibit any steps to de- on this bill. Both their time here, their important issue. crease radioactive concentration of commitment and service to America is Mr. WAMP. Mr. Chairman, I move to wastes in order to meet the criteria for certainly and greatly appreciated by strike the last word. wastes that can be shipped to the me as well as the entire Congress. Mr. Chairman, I certainly want to Waste Isolation Pilot Project in New Mr. Chairman, the reason I am here stop, too, as a member of the Commit- Mexico. is to discuss the ability of the State of tee on Appropriations and pay my re- Nevada and all affected local govern- spects to the gentleman from Califor- b 1845 ments to carry out their oversight au- nia (Mr. FAZIO) and the gentleman I do not know what the rationale for thority on the proposed Yucca Moun- from Pennsylvania (Mr. MCDADE). In this provision may be, but I am in- tain project in Nevada. This oversight my 2 years, a short term on the com- formed that it could make it much less authority was granted to them in the mittee, I have just thoroughly enjoyed likely that wastes from Rocky Flats Nuclear Waste Policy Act of 1982. Cur- the working relationship that I have could be sent to WIPP in accordance rently the Department of Energy is with these two men and am constantly with the current timetable. In fact, it conducting tests to determine if the amazed at how much they know about could mean that the Department of En- Yucca Mountain site will be a perma- the work that they do. Sometimes in ergy would have to use money that nent repository for nuclear waste. this institution Members do not follow could go for cleanup instead to build a When the Nuclear Waste Policy Act in the level of detail what these two new facility at Rocky Flats to store of 1982 was created, Members of this gentlemen do day in and day out on the June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4935 Subcommittee on Energy and Water Mr. Chairman, some Members might gentleman from Pennsylvania (Mr. Development, knowing every single remember the rather confusing battle MCDADE) or the gentleman from Cali- program area, the funding amounts, of the Fazio-DeFazio amendments last fornia (Mr. FAZIO) in terms of the sub- the priorities, somehow keeping it all year. Unfortunately we will be deprived committee report that is before us, but in perspective and serving this institu- of that confusion in the future with the rather to say that a very interesting tion so well. I could not be more un- retirement of the gentleman from Cali- experience has been mine in recent happy that two people are leaving this fornia. But the issue over which we dis- weeks as I have observed these two body at the same time as the gen- agreed will be before the Congress in gentlemen approaching today, for as tleman from California and the gen- future years. I have concerns in the has been said many a time before tleman from Pennsylvania. They have way it is presented in the report lan- today, they both are contemplating served our country with such distinc- guage here. I decided to forgo an leaving the House at the end of this tion. They will be sorely missed. amendment this year since we are in session. Mr. Chairman, as they know, I have limbo on the Animas-La Plata project; In beautiful northern California, in been an advocate for the environ- that is, it is not determined how or if spite of the fact that there is a propen- mental cleanup efforts in Oak Ridge, it will go forward and in what form, so sity even in that great State for people Tennessee. Following the successful I decided not to come to the floor this surrounding the State capital to often Manhattan Project and winning the year with an amendment to delete the point a finger at elected officials and Cold War and our nuclear buildup, now funds. But what we find in the bill is wonder what they are all about, in the we have got the responsibility of clean- language that says they should go last several weeks, suddenly out of the ing it up. They also know that of the ahead post haste with an alternative, woodwork all kinds of people are say- three gaseous diffusion plants in this whatever that might be, which of ing, ‘‘Oh my God, what are we going to country, one of them is in Oak Ridge, course is not authorized by law. Per- do? VIC FAZIO is not going to be there Tennessee. The Energy Policy Act of haps it would be the alternative advo- to represent us anymore.’’ Suddenly 1992 very specifically told the Congress cated by the gentleman from Colorado citizens are beginning to realize that, to fund the cleanup at these sites in (Mr. MCINNIS) who represents that dis- unnoticed in many ways, almost never the future. We had those funding re- trict who has a bill, H.R. 3478, which has there been quite the contribution quests made for this fiscal year. Unfor- has not even yet had a hearing. I think to their community that has been tunately at a time which they have ar- it would be most unusual and probably made by their Congressman from Sac- ticulated so well of declining discre- illegal for the Bureau of Reclamation ramento and regions that surround. tionary accounts, we did not have the to begin a project which has not even In beautiful downtown Scranton, funding to fully fund the President’s had a hearing in Congress, let alone Pennsylvania, a similar occurrence of request for this coming year for the de- being authorized. I would suggest that people for years and years and years contamination and decommissioning of that language in the report should be, have been pointing around at what these gaseous diffusion plants. The and probably will be, ignored by the ad- local officials in one location or an- President asked for $277 million. The ministration. other have not quite done to their sat- Senate marked up a $200 million level The point here, this project was not isfaction, and they too in the last at the committee, and then reduced it justifiable, the massive amount of many weeks have begun to say, ‘‘Oh by $3 million on the Senate floor last money. It was being sold as settling my God, what are we going to do with- week. So the Senate is at $197 million. the legitimate claims of the Ute Indian out JOE MCDADE to take care of our The President’s request was at $277 tribe. However, it was much, much problems’’ that we ask about always at million. The House did add money back more than that, many hundreds of mil- the last moment. in and brought us to a $225 million lions of dollars more, and it was not Mr. Chairman, it is important for us level. going to deliver water to that tribe. So to note that in public affairs, most I just appeal to the conferees as we some alternatives have been proposed. problems have absolutely very little to come to the floor today to clear what I No one has as of yet authorized any of do with partisan politics. If there are hope to be unanimous certification of those alternatives. One called Animas- two gentlemen who serve this House our Energy and Water bill here today, La Plata Lite is favored by the gen- well who recognize that more than and they deserve a unanimous vote tleman who represents the district, but these two, I do not know who they are. from the full House, I want the con- it has not been heard, it has not been Both the gentleman from Pennsylvania ferees to know that the $225 million voted on, it is not law, and you cannot and the gentleman from California even that the House Committee on Ap- lawfully spend money on that project. have been a great tribute to the House propriations passed is still not suffi- There are other alternatives that of Representatives. It has been my cient. We need really $15 million more have been proposed. At some point, the privilege to know them as human to get to a level of $240 million in order committee of jurisdiction on which I beings and as personal friends, but to not miss a stride in the environ- sit, the authorizing committee, is most important to have the oppor- mental cleanup which is so important going to have to hold hearings, puzzle tunity to rise and say that I am proud to all three gaseous diffusion sites, but through the potential alternatives, and just to be their colleague. particularly in the State of Tennessee come up with a solution which settles Mr. FAZIO of California. Mr. Chair- where we constantly wrestle with the the legitimate claims of that tribe and man, I move to strike the last word. State of Tennessee on meeting our protects the taxpayers at the same The CHAIRMAN. Without objection, compliance levels and meeting our tim- time. I do not believe we quite have the gentleman from California is recog- ing on the environmental cleanup as that formula before us. nized for 5 minutes. called for in the Energy Policy Act Mr. Chairman, I am rising just to There was no objection. which we all know was a comprehen- point out this language in the report. Mr. FAZIO of California. Mr. Chair- sive piece of legislation affecting all of Since the language would order the Bu- man, first of all let me say how much the nuclear sites in America. reau to do something which is illegal, I I appreciate the gentleman from Cali- I appeal to the conferees with much assume that the language will not be fornia (Mr. LEWIS) and want him to gratitude that the House appropriators quite worth the paper it is printed on. know that in the future when people saw fit to increase the level from the I look forward to future discussion of come to me and ask how we are going Senate mark to $225 million, I just ap- this issue in committee and on the to accomplish this or that, I am going peal that we find $15 million more floor of the House as we move forward to simply refer them to him, because I somehow as we approach the final En- to authorizing a fair and just settle- know his interest in the region person- ergy and Water conference report for ment but something which also pro- ally and in our State generally will fiscal year 1999, trying to get us to the tects the Federal Treasury. motivate him to take up any $240 million level so that this impor- Mr. LEWIS of California. Mr. Chair- unfulfilled task. I do appreciate him tant cleanup can continue. man, I move to strike the last word. very much. Mr. DEFAZIO. Mr. Chairman, I move Mr. Chairman, I rise today not to Mr. Chairman, I wanted to simply for to strike the last word. complain a bit about the work of the the record indicate that the committee H4936 CONGRESSIONAL RECORD — HOUSE June 22, 1998 has taken no position on Animas-La waters and wetlands, $110,000,000, to remain the Upper Colorado River Basin Fund and Plata this year. The money in the bill available until expended. $49,908,000 shall be available for transfer to was the administration’s budget re- FORMERLY UTILIZED SITES REMEDIAL ACTION the Lower Colorado River Basin Develop- quest to fund ongoing activities of the PROGRAM ment Fund, and of which such amounts as may be necessary may be advanced to the Romer-Schoettler process, which is the For expenses necessary to clean up con- taminated sites throughout the United Colorado River Dam Fund: Provided, That Governor and Lieutenant Governor such transfers may be increased or decreased trying to find a solution to this prob- States where work was performed as part of the Nation’s early atomic energy program, within the overall appropriation under this lem at Animas-La Plata. Included in $140,000,000, to remain available until ex- heading: Provided further, That of the total that request of the administration is pended. appropriated, the amount for program activi- funding for data collection, analysis of ties that can be financed by the Reclamation GENERAL EXPENSES endangered species issues and other en- Fund or the Bureau of Reclamation special For expenses necessary for general admin- vironmental, cultural and hydrological fee account established by 16 U.S.C. 460l6a(i) istration and related functions in the Office shall be derived from that Fund or account: issues. It is obviously our understand- of the Chief of Engineers and offices of the Provided further, That funds contributed ing that the Colorado delegation is pur- Division Engineers; activities of the Coastal under 43 U.S.C. 395 are available until ex- suing this project through the normal Engineering Research Board, the Humphreys pended for the purposes for which contrib- authorization process. Engineer Center Support Activity, the Water uted: Provided further, That funds advanced Resources Support Center, and headquarters b 1900 under 43 U.S.C. 397a shall be credited to this support functions at the USACE Finance account and are available until expended for The proposed project has been re- Center; $148,000,000, to remain available until the same purposes as the sums appropriated duced from a price tag that was origi- expended: Provided, That no part of any under this heading: Provided further, That of nally about $750 million to currently other appropriation provided in title I of this the total appropriated, $25,800,000 shall be de- an estimate of around $250 million. The Act shall be available to fund the activities rived by transfer of unexpended balances of the Office of the Chief of Engineers or the proposal by environmental groups to from the Bureau of Reclamation Working executive direction and management activi- Capital Fund. give the Utes a cash settlement has ties of the division offices: Provided further, BUREAU OF RECLAMATION LOAN PROGRAM been rejected by both the Tribal Coun- That none of these funds shall be available ACCOUNT cil of the Ute and the Mountain Ute to support an office of congressional affairs Nations. within the executive office of the Chief of For the cost of direct loans and/or grants, Engineers. $12,000,000, to remain available until ex- This is a subject that has been de- pended, as authorized by the Small Reclama- bated for 30 years, and I know the gen- ADMINISTRATIVE PROVISION tion Projects Act of August 6, 1956, as tleman from Pennsylvania (Mr. Appropriations in this title shall be avail- amended (43 U.S.C. 422a–422l): Provided, That MCDADE) joins me in hoping that we able for official reception and representation such costs, including the cost of modifying are about to see a successful conclusion expenses (not to exceed $5,000); and during such loans, shall be as defined in section 502 to this controversy brought about in the current fiscal year the Revolving Fund, of the Congressional Budget Act of 1974: Pro- terms of fulfilling our responsibilities Corps of Engineers, shall be available for vided further, That these funds are available purchase (not to exceed 100 for replacement to both the Indian tribes. I certainly to subsidize gross obligations for the prin- only) and hire of passenger motor vehicles. cipal amount of direct loans not to exceed hope that we can at least stay the TITLE II $38,000,000. course with this issue so that the proc- DEPARTMENT OF THE INTERIOR In addition, for administrative expenses ess of accommodation that is underway necessary to carry out the program for di- CENTRAL UTAH PROJECT in Colorado can be completed. rect loans and/or grants, $425,000, to remain The CHAIRMAN. The Clerk will read. CENTRAL UTAH PROJECT COMPLETION ACCOUNT available until expended: Provided, That of The Clerk read as follows: For carrying out activities authorized by the total sums appropriated, the amount of FLOOD CONTROL, MISSISSIPPI RIVER AND TRIB- the Central Utah Project Completion Act, program activities that can be financed by UTARIES, ARKANSAS, ILLINOIS, KENTUCKY, and for activities related to the Uintah and the Reclamation Fund shall be derived from LOUISIANA, MISSISSIPPI, MISSOURI, AND Upalco Units authorized by 43 U.S.C. 620, that Fund. TENNESSEE $39,665,000, to remain available until ex- CENTRAL VALLEY PROJECT RESTORATION FUND pended, of which $15,476,000 shall be deposited For expenses necessary for prosecuting For carrying out the programs, projects, into the Utah Reclamation Mitigation and work of flood control, and rescue work, re- plans, and habitat restoration, improvement, Conservation Account: Provided, That of the pair, restoration, or maintenance of flood and acquisition provisions of the Central amounts deposited into that account, control projects threatened or destroyed by Valley Project Improvement Act, $33,130,000, $5,000,000 shall be considered the Federal con- flood, as authorized by law (33 U.S.C. 702a, to be derived from such sums as may be col- tribution authorized by paragraph 402(b)(2) of 702g–1), $312,077,000, to remain available until lected in the Central Valley Project Restora- the Central Utah Project Completion Act expended. tion Fund pursuant to sections 3407(d), and $10,476,000 shall be available to the Utah 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law OPERATION AND MAINTENANCE, GENERAL Reclamation Mitigation and Conservation 102–575, to remain available until expended: For expenses necessary for the preserva- Commission to carry out activities author- Provided, That the Bureau of Reclamation is tion, operation, maintenance, and care of ex- ized under that Act. directed to assess and collect the full isting river and harbor, flood control, and re- In addition, for necessary expenses in- amount of the additional mitigation and res- lated works, including such sums as may be curred in carrying out related responsibil- toration payments authorized by section necessary for the maintenance of harbor ities of the Secretary of the Interior, 3407(d) of Public Law 102–575. channels provided by a State, municipality $1,283,000, to remain available until ex- or other public agency, outside of harbor pended. CALIFORNIA BAY-DELTA ECOSYSTEM lines, and serving essential needs of general RESTORATION BUREAU OF RECLAMATION commerce and navigation; surveys and (INCLUDING TRANSFER OF FUNDS) charting of northern and northwestern lakes For carrying out the functions of the Bu- reau of Reclamation as provided in the Fed- For necessary expenses of the Department and connecting waters; clearing and of the Interior and other participating Fed- straightening channels; and removal of ob- eral reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or eral agencies in carrying out the California structions to navigation, $1,637,719,000, to re- Bay-Delta Environmental Enhancement and main available until expended, of which such supplementary thereto) and other Acts appli- cable to that Bureau as follows: Water Security Act consistent with plans to sums as become available in the Harbor be approved by the Secretary of the Interior, Maintenance Trust Fund, pursuant to Public WATER AND RELATED RESOURCES in consultation with such Federal agencies, Law 99–662, may be derived from that Fund, (INCLUDING TRANSFER OF FUNDS) $75,000,000, to remain available until ex- and of which such sums as become available For management, development, and res- pended, of which such amounts as may be from the special account established by the toration of water and related natural re- necessary to conform with such plans shall Land and Water Conservation Act of 1965, as sources and for related activities, including be transferred to appropriate accounts of amended (16 U.S.C. 460l), may be derived the operation, maintenance and rehabilita- such Federal agencies: Provided, That such from that Fund for construction, operation, tion of reclamation and other facilities, par- funds may be obligated only as non-Federal and maintenance of outdoor recreation fa- ticipation in fulfilling related Federal re- sources provide their share in accordance cilities, and of which $4,200,000 is provided for sponsibilities to Native Americans, and re- with the cost-sharing agreement required repair of Chickamauga Lock, Tennessee, sub- lated grants to, and cooperative and other under section 102(d) of such Act: Provided fur- ject to authorization. agreements with, State and local govern- ther, That such funds may be obligated prior REGULATORY PROGRAM ments, Indian Tribes, and others, $622,054,000, to the completion of a final programmatic For expenses necessary for administration to remain available until expended, of which environmental impact statement only if: (1) of laws pertaining to regulation of navigable $1,873,000 shall be available for transfer to consistent with 40 CFR 1506.1(c); and (2) used June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4937 for purposes that the Secretary finds are of The CHAIRMAN. As the opponent of First, giving more money to the nu- sufficiently high priority to warrant such an the amendment, the gentleman from clear industry is throwing good money expenditure. Pennsylvania (Mr. MCDADE) will con- after bad. Since 1950 taxpayers have POLICY AND ADMINISTRATION trol 10 minutes. handed the nuclear industry $47 billion For necessary expenses of policy, adminis- The Chair recognizes the gentleman in subsidies. In addition to the billions tration, and related functions in the office of from Florida (Mr. FOLEY). in Federal subsidies, nukes have cost the Commissioner, the Denver office, and of- Mr. FOLEY. Mr. Chairman, I yield American consumers a bundle. Accord- fices in the five regions of the Bureau of Rec- myself 2 minutes. ing to Komanoff Energy Associates, lamation, to remain available until ex- Mr. Chairman, I want to thank the pended, $46,000,000, to be derived from the nuclear power has cost ratepayers a Reclamation Fund and be nonreimbursable gentleman from Pennsylvania (Mr. premium of $160 billion for electricity as provided in 43 U.S.C. 377: Provided, That no MCDADE) for his fine work and particu- between 1968 and 1990. After all these part of any other appropriation in this Act larly for all he has done for the Ever- billions we have already spent propping shall be available for activities or functions glades and so many Florida projects up the nuclear industry, there is no budgeted as policy and administration ex- which our entire State and Nation have good reason for throwing away more penses. benefited from. taxpayer money. ADMINISTRATIVE PROVISION And I hate to spoil the parade. I do Second, subsidizing nuclear power is Appropriations for the Bureau of Reclama- have an amendment today on his bill bad environmental policy. Nuclear tion shall be available for purchase of not to that would strike $5 million in funding power poisons the environment with exceed six passenger motor vehicles for re- for the Department of Energy’s newly radiation emissions and creates tons of placement only. proposed Nuclear Energy Research Ini- radioactive waste. Far from being TITLE III tiative, also known as NERI, and I am clean, nuclear power is toxic. If there is DEPARTMENT OF ENERGY not opposed, Mr. Chairman, to nuclear something to spend money on, it would ENERGY PROGRAMS power or its research. In fact, I have a be on how to deal safely with the waste ENERGY SUPPLY reactor in my district and I fully sup- the nukes have already created. For expenses of the Department of Energy port its continued existence, but I will Right now we do not have a policy to activities including the purchase, construc- not allow taxpayers to pay for research safely move the waste, we do not have tion and acquisition of plant and capital that benefits an industry that had $141 a policy to safely store the waste. This equipment and other expenses necessary for billion in revenue last year alone. policy here only creates more of it. It energy supply, and uranium supply and en- Mr. Chairman, everything but the is time we put an end to it. richment activities in carrying out the pur- kitchen sink seems to be fair game for poses of the Department of Energy Organiza- Support the Foley-Miller-Markey- tion Act (42 U.S.C. 7101 et seq.), including the this program. They want R&D funds to Kucinich-Sanders amendment. Join all acquisition or condemnation of any real focus on their competitiveness includ- the other interest groups from all over property or any facility or for plant or facil- ing operations, maintenance and fuel the country who are concerned about ity acquisition, construction, or expansion; costs. This program contains large ele- good neighborhoods, safe neighbor- and the purchase of not to exceed 22 pas- ments of the Nuclear Energy Security hoods, and are concerned about utility senger motor vehicles for replacement only, program that Congress choose not to ratepayers. Support this amendment. $882,834,000, of which not to exceed $3,000 may fund last year. NES and NERI both Mr. FOLEY. Mr. Chairman, I reserve be used for official reception and representa- would fund efforts to examine reactor the balance of my time. tion expenses for transparency activities. aging issues, fuel economics and ad- Mr. MCDADE. Mr. Chairman, I yield Mr. MCDADE (during the reading). vanced instrumentation and controls. myself such time as I may consume. Mr. Chairman, I ask unanimous con- Some of this same research is already Mr. Chairman, I rise in opposition to sent that the bill through page 15, line performed by the Nuclear Regulatory this amendment. My good friend from 25, be considered as read, printed in the Commission. Florida, as usual, does his homework RECORD and open to amendment at any The proponents of this program very well and presents a good case, but point. claim it is independently peer re- unfortunately I believe it is the wrong The CHAIRMAN. Is there objection viewed, but the reviewers are from uni- case. to the request of the gentleman from versities, national labs and industry, This Nation depends on nuclear Pennsylvania? the very same people who will receive power for about 20 percent of its elec- There was no objection. the funds. Where exactly is the inde- tricity generation. Within the umbrella The CHAIRMAN. Are there amend- pendence in that? of energy resources in this bill there ments to that portion of the bill? Our constituent tax dollars should was appropriated $880 million for en- AMENDMENT NO. 1 OFFERED BY MR. FOLEY not be spent on new and questionable ergy supply research activities, and Mr. FOLEY. Mr. Chairman, I offer an Department of Energy programs for an this $5 million sum is included in the amendment. already mature industry, yet this is ex- bill for scientific research. The CHAIRMAN. The Clerk will des- actly what the DOE is suggesting we do Now it seems to me that is a reason- ignate the amendment. in the newly-proposed and unauthor- able course for the committee to pur- The text of the amendment is as fol- ized Nuclear Energy Research Initia- sue. It is reasonable, I think, for us to lows: tive. This program is clear-cut cor- put out that amount of money to make Amendment No. 1 offered by Mr. porate welfare. While it benefits a sure that the 20 percent we are talking FOLEY: whole industry, it nevertheless benefits about, and who knows what tomorrow Page 15, line 23, after the first dollar them with taxpayers’ money, and that may bring, will have scientific research amount, insert the following: ‘‘(reduced by is wrong. behind it. $5,000,000)’’. Mr. Chairman, I yield 21⁄2 minutes to Mr. Chairman, I yield such time as he Mr. MCDADE. Mr. Chairman, I ask the gentleman from Ohio (Mr. may consume to the distinguished gen- unanimous consent that all debate on KUCINICH). tleman from Michigan (Mr. KNOLLEN- this amendment and all amendments Mr. KUCINICH. Mr. Chairman, I rise BERG). thereto close in 20 minutes and that to ask my colleagues to support the Mr. KNOLLENBERG. Mr. Chairman, the time be equally divided. Foley-Miller-Markey-Kucinich-Sanders I rise in very strong opposition to this The CHAIRMAN. Is there objection amendment. Our amendment would amendment. to the request of the gentleman from strike the Nuclear Energy Research Mr. Chairman, I understand the Pennsylvania? Initiative. It is a $5 million subsidy moves that the gentlemen are taking There was no objection. that props up the commercial nuclear here. It is good to cut spending. Spend- The CHAIRMAN. The gentleman power industry and may keep open ing is an excess that we could, of from Florida (Mr. FOLEY) will control aging and potentially dangerous plants course, look at in a number of areas 10 minutes. beyond the initial term of their li- but, very honestly, not at the heart of Is there an opponent? censes. something like this. Mr. MCDADE. Mr. Chairman, I rise in There are two powerful reasons to The NERI program is designed to re- opposition to this amendment. support our amendment: invigorate the Department of Energy’s H4938 CONGRESSIONAL RECORD — HOUSE June 22, 1998 nuclear energy R&D based on competi- industry. Instead they will have to the old horror movie, The Night of the tive, and I will explain that in just a compete for the research grant, which Living Dead, where the dead came back moment, competitive and peer-re- will ensure we get the best science from their graves to stalk the Earth viewed applications concerning such available, perhaps to a university in again? Well, that is what this program issues as more efficient reactor de- one of my colleague’s States. is, it is a dead government program. signs, lower costs, improved safety, There are some who might claim this We killed almost the identical pro- better onsite storage techniques and is corporate welfare. This is simply un- gram last year, but Adam Smith spins proliferation-resistant reactors. true, and those who are claiming that in his grave as we stand out here trying Now PCAST, the President’s Com- ought to study the solar and renewable to figure out how to give subsidies to mittee of Advisers on Science and energy research and development Westinghouse and General Electric and Technology panel, recommended fur- which is rife with technology transfer other Fortune 500 companies, for them ther nuclear energy research and devel- programs and commercialization, and to figure out how to develop nuclear opment to ensure our Nation’s nuclear very little, if any, that is peer-reviewed energy electrical generating capacity, energy program is strong and growing. science. To the contrary, the NERI pro- when they have been in that business Specifically they encouraged R&D in gram will be competitive, peer-re- for 50 years. the areas of nuclear waste, non- viewed research that is basic research It would be one thing if they are proliferation and nuclear safety. They to continue this safe, clean, low-emis- starving. They are the wealthiest com- also expressed a concern about whether sion energy source. panies in the United States. The elec- nuclear energy is economically viable. The Clinton administration has re- tric utility industry is the wealthiest With the NERI program we will con- quested $24 million for this program. I industry in the United States. Over a duct research that will address these support a higher level of funding. I am 50-year period, we here on the floor of concerns and pave the way for nuclear glad to see we provide some funding for Congress have given this industry $47 energy to emerge as a more prominent this important program. billion in subsidies. energy source for the United States. Another good reason to support nu- What is the net result? We are now There is no shortage of funding for clear R&D such as the NERI program is debating here in Congress, and in every the other areas of energy supply re- as follows: State legislature in the country, some- search. The chairman alluded to that. As many of my colleagues might thing called stranded investments in Last year we appropriated $296 million know, I and some others had the oppor- electrical restructuring. What does stranded investments mean? Well, it is for solar and renewables R&D. This tunity to attend the global climate a euphemism for the word nuclear year we recommended $351 million, and change meeting in Kyoto back in De- power plant, meaning how do we get the Senate has over $4 million assigned cember. That is where the administra- this off of our books? How do we have to solar and renewables. This includes tion signed on to an agreement to re- $70 million for photovoltaics, $33 mil- ratepayers subsidize this boondoggle? duce the U.S. greenhouse gas emissions In the marketplace, oil is cheaper in lion for wind energy and $101 million to 7 percent below 1990 levels by the generating electricity, gas is cheaper for biomass/biofuels research, and fos- years 2008 through 2012. I have been in generating electricity, coal is cheap- sil energy R&D last year received $362 quite critical about the U.S. supporting er in generating electricity and wind is million and will likely receive a simi- a treaty which places the U.S. and cheaper in generating electricity, but lar amount this year. other industrial nations at a competi- we are supposed to subsidize Fortune In contrast, last year nuclear energy tive disadvantage to the 132 nations 500 companies in a technology that is received only, the research end of it, which have no reduction requirements. more expensive? only $7 million. This bill has increased In Kyoto, Japan was a strong pro- Mr. Chairman, no electric utility has the funding level for nuclear energy re- ponent for placing strict reductions on purchased one of these since 1973. If search to a total of $17 million, $5 mil- greenhouse gas emissions on the indus- they think it is such a great idea, why lion for NERI and $12 million for the trial nations. However, they also have do they not build them themselves? university research programs which I an existing plan for reaching their re- They have got more money than the also support. duction requirement. With 44 existing Federal Government, if they want to Now the gentlemen have talked commercial nuclear power plants al- invest in it. But asking the taxpayers about some of the money that has been ready, they have a construction plan to to have themselves tipped upside down spent in nuclear research. A lot of that build at least 20 more. Since nuclear and shake another 5 or 10 million bucks was weapons research. Let me tell my power emits no greenhouse gas emis- out of them for an industry that has colleagues since 1976 we have spent sions, this alone will allow them to not been able to figure out in 50 years $1.45 billion on solar and renewable en- reach their reduction target. In the how to make this technology effective ergy sources, which generates below 1 U.S. there appears to be no similar in the marketplace, is just a complete percent of this country’s electricity plan to use new commercial nuclear and total waste of money. supply. Alternatively, since 1973 we energy plants to reduce the U.S.’s Mr. Chairman, the Foley amendment, have spent $1 billion on nuclear R&D, greenhouse gas emissions, and in fact on a bipartisan basis, Democrat and and nuclear energy plants produced in a deregulated electricity market we Republican, is something that each one nearly 20 percent of the Nation’s elec- may see some of our older plants shut of us should be able to back tonight to tricity, let me remind my colleagues of down. prove that we are faithful to the tax- this, and they produced 40 percent of We have a great opportunity, I be- payers’ message to us that we should all new electricity generation since lieve, to bring America back to the op- stop squandering their money, handing 1973. tion of nuclear energy. Nuclear energy it over to the private sector, investing This year let us make sure we get an such as they have in Europe and Japan in programs that would not work in the appropriate level of funding for nuclear and elsewhere has provided safe, reli- real world marketplace. R&D for this year. As I have already able energy, a source that does not Vote ‘‘yes’’ on the Foley amendment. stated, it is the safe, clean and reliable emit greenhouse gases. Support the Mr. McDADE. Mr. Chairman, I yield 2 energy source to carry us into the fu- NERI program. Make sure the best nu- minutes to the distinguished gen- ture. clear minds in the world are right here tleman from California (Mr. FAZIO), the The NERI program is set up with in the U.S. able ranking member of the sub- competitive peer-reviewed research I urge my colleagues to oppose this committee. that will be a coordinated effort be- amendment. Mr. FAZIO of California. Mr. Chair- tween the national laboratories, uni- man, I thank the gentleman for yield- b versities and industry. Now what does 1915 ing me this time. that mean, competitive peer-reviewed Mr. FOLEY. Mr. Chairman, I yield 3 Mr. Chairman, I rise in opposition to research? What it means is we will get minutes to the gentleman from Massa- the amendment and want to state un- the best science available with no fa- chusetts (Mr. MARKEY). equivocally the administration’s oppo- voritism toward any specific univer- Mr. MARKEY. Mr. Chairman, this is sition to it as well. This is not the nu- sity, Federal laboratory, company or a great amendment. Do you remember clear energy security program that I June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4939 think some of the critics of NERI are energy research and development. As a re- energy research initiative to zero, and attacking today. This program is not a sult, our fiscal year 1999 proposals represent that is precisely where this appropria- program that has risen from the dead. a significant departure from past nuclear re- tion should be. I want to congratulate It is a new program which has within it search and development programs. the gentleman from Florida (Mr. Our proposed NERI program, if funded, will the potential of bringing together uni- help the United States maintain its sci- FOLEY), the gentleman from California versities, the National Laboratories entific and technological leadership by spon- (Mr. MILLER), the gentleman from Ohio and the private sector to spend a very, soring research to address the complex, long- (Mr. KUCINICH) and the gentleman from very small amount of the Department term problems associated with nuclear en- Massachusetts (Mr. MARKEY) for their of Energy’s research funding, less than ergy—such as proliferation, waste, econom- strong efforts in this area. one-half of 1 percent of their total DOE ics, and safety. The program will apply inde- Mr. Chairman, now is not the time to research funding, as a matter of fact. pendent, National Science Foundation-style continue our investment in nuclear en- One-fifth of the amount in this bill is peer review to competitively select the best ergy. It is time to put increased Fed- research proposals from among a wide range what is left of the administration’s re- of sources including national laboratories, eral resources into renewable sources quest, which was far greater, a $50 mil- academia, and industry. of energy, including solar and wind re- lion request made by the President’s In addition, the Nuclear Energy Research search and other sustainable and po- science and technology advisors, trans- Initiative will benefit from the advice of the tentially inexpensive sources of en- formed to a $24 million request by Nuclear Energy Research Advisory Commit- ergy. OMB, and all we provided for was $5 tee which is being formed to help guide these This Nation has poured $47 billion million, a very small contribution to and other Office of Nuclear Energy, Science into the nuclear industry since 1950 and Technology programs. The advisory and, frankly, that is enough. Renew- keep a seat at the table in the ongoing committee will include both proponents and international discussions over nuclear critics of nuclear power, and will allow the able sources of energy did not even re- energy technology. Department to more effectively engage the ceive support until 1974, and since then Mr. Chairman, I think it would be academic community, national laboratories, these clean energy sources have been foolish for this Congress to zero out and other interested parties in the planning funded at far lower levels than nuclear this very modest funding for an area of and execution of our programs. energy. energy supply that still presents 20 per- In contrast, the Nuclear Energy Security Mr. Chairman, the fact is that nu- cent of the total electrical generation program proposed for FY 1998 was a narrowly clear energy produces radioactive in this country, and, regrettably, I am focused program designed to address specific waste that must go somewhere, and technical issues. The program was to be di- that waste will pollute the environ- sure, from the perspective of a number rected by Department of Energy staff with of those who have cosponsored this little opportunity for input from industry, ment for thousands of years. I have amendment, continues to be not only academia, or critics of nuclear technology heard some reference to the fact that internationally on the offensive, an in- and without the benefit of an independent nuclear energy is clean energy. If those creasingly large provision of electrical advisory committee. Also unlike NERI, the Members think it is so clean, they may generation in Europe and Japan, but Nuclear Energy Security program was fo- want to stand up and volunteer to be also, as the gentleman from Michigan cused on working with commercial utilities the recipients of the nuclear waste that in the near-term to relicense existing nu- (Mr. KNOLLENBERG) has said, poten- is being produced all over this country. clear power plants. NERI, on the other hand, But I am not so sure they are prepared tially a major contribution to the will support research that goes far beyond issues of global climate change. I know that envisioned under the Nuclear Energy to accept that ‘‘clean waste.’’ After all we have had some controversy around Security program. The technologies to be in- of the discussion, after all of the bil- that issue. vestigated under NERI could provide long- lions of dollars, the fact is, we simply Mr. Chairman, for us to turn down term benefits that transcend simple econom- today still do not know how to get rid this very small sum of money at this ics and help address important national of nuclear waste. point in our history, I think, would be issues such as nuclear waste generation and Mr. Chairman, this is a good amend- very foolish. proliferation. ment. It is supported and endorsed by The $5 million in the House bill for NERI the Friends of the Earth, the League of Mr. Chairman, I include for the represents one-fifth of the amount proposed RECORD a letter to the chairman of the by the Department and less than one-half of Conservation Voters, Public Citizen, Subcommittee on Energy and Water one percent of the total DOE energy research Safe Energy Communication Council, Development from William D. funding in the House bill, while nuclear the Sierra Club, the U.S. Public Inter- Magwood, IV, the acting director of the power provides over 20 percent of the elec- est Research Group, and the Natural Office of Nuclear Energy, Science and tricity produced in the United States. While Resources Defense Counsel. Let us save Technology. a very modest investment, this funding will the taxpayers money. Let us not pour enable the United States to join other ad- DEPARTMENT OF ENERGY, another $5 million into corporate wel- Washington, DC, June 22, 1998. vanced countries in conducting long-term, fare. Let us support this amendment. advanced research into nuclear technology. Hon. JOSEPH M. MCDADE, In doing so, the United States can explore Mr. McDADE. Mr. Chairman, I yield Chairman, Subcommittee on Energy and Water such time as he may consume to the Development, Committee on Appropriations, new technologies that may be vital in the fu- ture, reassert its leadership role in nuclear gentleman from Idaho (Mr. CRAPO). U.S. House of Representatives, Washington, (Mr. CRAPO asked and was given per- DC. technology, and maintain its endangered DEAR MR. CHAIRMAN: We understand that ‘‘seat at the table’’ in the on-going inter- mission to revise and extend his re- when the Energy and Water Development national discussion over nuclear energy marks.) Appropriations bill comes to the floor for technologies and issues. Mr. CRAPO. Mr. Chairman, I rise in consideration by the full House, an amend- We believe that the proposed program will opposition to this amendment. help maintain the continued viability of nu- ment will be offered to strike funding for the Mr. MCDADE. Mr. Chairman, I yield clear power in the United States, and the De- Department of Energy’s Nuclear Energy Re- myself such time as I may consume. search Initiative (NERI). Opponents of this partment asks you to oppose any amend- ment to strike funding for this program. (Mr. MCDADE asked and was given research program characterize it as a ‘‘cor- permission to revise and extend his re- porate welfare’’ program that is simply a re- Sincerely, packaging of the unfunded Nuclear Energy WILLIAM D. MAGWOOD, IV marks.) Security program the Department proposed Acting Director, Mr. MCDADE. Mr. Chairman, I want for FY 1998. These characterizations are in- Office of Nuclear Energy, Science and to underline to the House that the accurate, and the Department urges you to Technology. money contained in this bill is for oppose any amendment to remove funding Mr. FOLEY. Mr. Chairman, I yield 2 science, pure science. There is no for this important initiative. minutes to the gentleman from Ver- money going to the Fortune 500 that Since the end of fiscal year 1997, the De- mont (Mr. SANDERS). my friend referred to. It is going to be partmental has engaged experts from U.S. Mr. SANDERS. Mr. Chairman, I peer-reviewed science, in order that we universities, the national laboratories, and thank the gentleman for yielding me as a Nation may be assured that we are industry to help develop a new approach to nuclear energy research and development. In time. getting the best science in a very com- particular, we have heeded the recommenda- Mr. Chairman, I rise in strong sup- plicated area. tions of the President’s Committee of Advi- port of this amendment, which cuts the Let me just indicate to the House sors on Science and Technology on nuclear remaining $5 million from the nuclear three possible areas that are on the H4940 CONGRESSIONAL RECORD — HOUSE June 22, 1998 table to be peer-reviewed and to which make the point of order that a quorum able until expended, plus such additional money will be allocated at some point. is not present. amounts as necessary to cover increases in Number one, proliferation-resistant The CHAIRMAN. Pursuant to House the estimated amount of cost of work for reactor and fuel technologies. Pro- Resolution 478, further proceedings on others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): liferation-resistant fuels, one of the the amendment offered by the gen- Provided, That such increases in cost of work great issues that exists in our country. tleman from Florida will be postponed. are offset by revenue increases of the same If we went to Russia we would find ma- The point of no quorum is considered or greater amount, to remain available until terial floating all over the country withdrawn. expended: Provided further, That moneys re- that is capable of being converted to The Clerk will read. ceived by the Department for miscellaneous weapons grade compounds. The Clerk read as follows: revenues estimated to total $136,530,000 in Secondly, nuclear safety and risk fiscal year 1999 may be retained and used for NON-DEFENSE ENVIRONMENTAL MANAGEMENT operating expenses within this account, and analysis. If we look at that issue, you For Department of Energy expenses, in- may remain available until expended, as au- can find units all over the world that cluding the purchase, construction and ac- thorized by section 201 of Public Law 95–238, are modeled on Chernobyl that need quisition of plant and capital equipment and notwithstanding the provisions of 31 U.S.C. science, and that is another issue this other expenses necessary for non-defense en- 3302: Provided further, That the sum herein program addresses. vironmental management activities in car- appropriated shall be reduced by the amount Let me just point out the third one: rying out the purposes of the Department of of miscellaneous revenues received during new technologies for nuclear wastes. Energy Organization Act (42 U.S.C. 7101 et fiscal year 1999 so as to result in a final fiscal seq.), including the acquisition or condemna- There is no more vexing problem in year 1999 appropriation from the General tion of any real property or any facility or Fund estimated at not more than $38,835,000. this country than the cleanup problem for plant or facility acquisition, construction OFFICE OF THE INSPECTOR GENERAL that is needed to bring our country or expansion, $466,700,000, to remain avail- For necessary expenses of the Office of the back to where it was in the era before able until expended. Inspector General in carrying out the provi- the creation of atomic weaponry. No- URANIUM ENRICHMENT DECONTAMINATION AND sions of the Inspector General Act of 1978, as body has a solution to it. It is costing DECOMMISSIONING FUND amended, $14,500,000, to remain available us a fortune. This science will be used For necessary expenses in carrying out until expended. to try to find a solution. uranium enrichment facility decontamina- ATOMIC ENERGY DEFENSE ACTIVITIES Mr. SOLOMON. Mr. Chairman, will tion and decommissioning, remedial actions WEAPONS ACTIVITIES the gentleman yield? and other activities of title II of the Atomic For Department of Energy expenses, in- Mr. MCDADE. I yield to the gen- Energy Act of 1954 and title X, subtitle A of cluding the purchase, construction and ac- tleman from New York. the Energy Policy Act of 1992, $225,000,000, to quisition of plant and capital equipment and be derived from the Fund, to remain avail- Mr. SOLOMON. Mr. Chairman, just other incidental expenses necessary for able until expended: Provided, That atomic energy defense weapons activities in for 5 seconds, everyone should come $30,000,000 of amounts derived from the Fund over here and defeat this amendment. carrying out the purposes of the Department for such expenses shall be available in ac- of Energy Organization Act (42 U.S.C. 7101 et This amendment is a disaster. I thank cordance with title X, subtitle A, of the En- seq.), including the acquisition or condemna- the gentleman for his comments. I con- ergy Policy Act of 1992. tion of any real property or any facility or cur with them. SCIENCE for plant or facility acquisition, construc- Mr. FOLEY. Mr. Chairman, I yield For expenses of the Department of Energy tion, or expansion; the purchase of not to ex- myself the balance of my time. activities including the purchase, construc- ceed one fixed wing aircraft; and the pur- The CHAIRMAN. The gentleman tion and acquisition of plant and capital chase of passenger motor vehicles (not to ex- from Florida is recognized for 1 equipment and other expenses necessary for ceed 32 for replacement only, and one bus), science activities in carrying out the pur- $4,142,100,000, to remain available until ex- minute. pended. Mr. FOLEY. Mr. Chairman, in clos- poses of the Department of Energy Organiza- tion Act (42 U.S.C. 7101 et seq.), including the DEFENSE ENVIRONMENTAL RESTORATION AND ing, let me suggest to Members that acquisition or condemnation of any real WASTE MANAGEMENT when we had debate in the committee property or facility or for plant or facility For Department of Energy expenses, in- on this very issue, we asked Mr. acquisition, construction, or expansion, and cluding the purchase, construction and ac- Magwood who would be responsible for purchase of not to exceed 5 passenger motor quisition of plant and capital equipment and the implementation of the language. Is vehicles for replacement only, $2,399,500,000, other expenses necessary for atomic energy there any possibility of major advanced to remain available until expended: Provided, defense environmental restoration and waste reactor programs which had been ter- That in addition, $7,600,000 of the unobli- management activities in carrying out the minated by Congress being funded by gated balances originally available for purposes of the Department of Energy Orga- Superconducting Super Collider termination nization Act (42 U.S.C. 7101 et seq.), includ- this program? He said, ‘‘I guess from activities shall be made available for other ing the acquisition or condemnation of any the legal perspective, it is not pre- activities under this heading. real property or any facility or for plant or cluded, so clearly this could open up NUCLEAR WASTE DISPOSAL FUND facility acquisition, construction, or expan- the door.’’ For nuclear waste disposal activities to sion; and the purchase of passenger motor vehicles (not to exceed 3 new sedans and 6 for Mr. Chairman, this is a $20 billion carry out the purposes of Public Law 97–425, replacement only, of which 3 are sedans, 2 bill: $2.4 billion for research for high- as amended, including the acquisition of real are buses, and 1 is an ambulance), energy nuclear physics, basic energy property or facility construction or expan- $4,358,554,000, to remain available until ex- services; $232 for fusion energy R&D; sion, $160,000,000, to remain available until pended. $228 million for nuclear energy pro- expended, to be derived from the Nuclear DEFENSE FACILITIES CLOSURE PROJECTS grams. We are not asking to cut a lot Waste Fund: Provided, That none of the funds provided herein shall be distributed to the For expenses of the Department of Energy of money. We are asking for $5 million to accelerate the closure of defense environ- of savings on a $20 billion bill. State of Nevada or affected units of local government (as defined by Public Law 97–425) mental management sites, including the pur- The program is ill-defined. It does by direct payment, grant, or other means, chase, construction and acquisition of plant not provide any guidelines that I think for financial assistance under section 116 of and capital equipment and other necessary we can successfully track. Congress the Nuclear Waste Policy Act of 1982, as expenses, $1,038,240,000, to remain available last year cut the funding for these pro- amended: Provided further, That the fore- until expended. grams. So I would suggest to my col- going proviso shall not apply to payments in DEFENSE ENVIRONMENTAL MANAGEMENT leagues, in the interests of fairness, to lieu of taxes under section 116(c)(3)(A) of the PRIVATIZATION support our amendment and save the Nuclear Waste Policy Act of 1982, as amend- For Department of Energy expenses for government $5 million. ed. privatization projects necessary for atomic The CHAIRMAN. The question is on DEPARTMENTAL ADMINISTRATION energy defense environmental management activities authorized by the Department of the amendment offered by the gen- For salaries and expenses of the Depart- ment of Energy necessary for departmental Energy Organization Act (42 U.S.C. 7101, et tleman from Florida (Mr. FOLEY). seq.), $286,857,000, to remain available until The question was taken; and the administration in carrying out the purposes of the Department of Energy Organization expended. Chairman announced that the noes ap- Act (42 U.S.C. 7101 et seq.), including the hire OTHER DEFENSE ACTIVITIES peared to have it. of passenger motor vehicles and official re- For Department of Energy expenses, in- Mr. FOLEY. Mr. Chairman, I demand ception and representation expenses (not to cluding the purchase, construction and ac- a recorded vote, and pending that, I exceed $5,000), $175,365,000, to remain avail- quisition of plant and capital equipment and June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4941 other expenses necessary for atomic energy derived from the Falcon and Amistad Oper- munity assistance grants under section 3161 defense, other defense activities, in carrying ating and Maintenance Fund of the Western of the National Defense Authorization Act out the purposes of the Department of En- Area Power Administration, as provided in for Fiscal Year 1993 (Public Law 102–484; 106 ergy Organization Act (42 U.S.C. 7101, et section 423 of the Foreign Relations Author- Stat. 2644; 42 U.S.C. 7274h). seq.), including the acquisition or condemna- ization Act, Fiscal Years 1994 and 1995. SEC. 305. None of the funds appropriated by tion of any real property or any facility or FEDERAL ENERGY REGULATORY COMMISSION this Act or any prior appropriations Act may for plant or facility acquisition, construc- be used to prepare or initiate Requests For SALARIES AND EXPENSES tion, or expansion, $1,761,260,000, to remain Proposals (RFPs) for a program if the pro- available until expended. For necessary expenses of the Federal En- gram has not been funded by Congress. ergy Regulatory Commission to carry out DEFENSE NUCLEAR WASTE DISPOSAL SEC. 306. (a) Except as provided in sub- the provisions of the Department of Energy section (b), none of the funds appropriated by For nuclear waste disposal activities to Organization Act (42 U.S.C. 7101 et seq.), in- this Act or any prior appropriations Act may carry out the purposes of Public Law 97–425, cluding services as authorized by 5 U.S.C. be used by any program, project, or activity as amended, including the acquisition of real 3109, the hire of passenger motor vehicles, of the Department of Energy to produce or property or facility construction or expan- and official reception and representation ex- provide articles or services for the purpose of sion, $190,000,000, to remain available until penses (not to exceed $3,000), $166,500,000, to selling the articles or services to a person expended. remain available until expended: Provided, outside the Federal Government, unless the POWER MARKETING ADMINISTRATIONS That notwithstanding any other provision of Secretary of Energy determines that the ar- BONNEVILLE POWER ADMINISTRATION FUND law, not to exceed $166,500,000 of revenues ticles or services are not available from a from fees and annual charges, and other Expenditures from the Bonneville Power commercial source in the United States. services and collections in fiscal year 1999 (b) Subsection (a) does not apply to the Administration Fund, established pursuant shall be retained and used for necessary ex- to Public Law 93–454, are approved for offi- transmission and sale of electricity by any penses in this account, and shall remain Federal power marketing administration. cial reception and representation expenses in available until expended: Provided further, (TRANSFERS OF UNEXPENDED BALANCES) an amount not to exceed $1,500. That the sum herein appropriated from the During fiscal year 1999, no new direct loan General Fund shall be reduced as revenues SEC. 307. The unexpended balances of prior obligations may be made. are received during fiscal year 1999 so as to appropriations provided for activities in this OPERATION AND MAINTENANCE, SOUTHEASTERN result in a final fiscal year 1999 appropria- Act may be transferred to appropriation ac- POWER ADMINISTRATION tion from the General Fund estimated at not counts for such activities established pursu- For necessary expenses of operation and more than $0. ant to this title. Balances so transferred may be merged with funds in the applicable estab- maintenance of power transmission facilities GENERAL PROVISIONS lished accounts and thereafter may be ac- and of marketing electric power and energy DEPARTMENT OF ENERGY pursuant to the provisions of section 5 of the counted for as one fund for the same time pe- Flood Control Act of 1944 (16 U.S.C. 825s), as SEC. 301. (a) None of the funds appropriated riod as originally enacted. applied to the southeastern power area, by this Act or any prior appropriations Act Mr. MCDADE (during the reading). $8,500,000, to remain available until ex- may be used to award a management and op- Mr. Chairman, I ask unanimous con- pended; in addition, notwithstanding 31 erating contract unless such contract is awarded using competitive procedures or the sent that the bill through page 28, line U.S.C. 3302, not to exceed $28,000,000 in reim- 2, be considered as read, printed in the bursements, of which $20,000,000 is for trans- Secretary of Energy grants, on a case-by- RECORD and open to amendment at any mission wheeling and ancillary services and case basis, a waiver to allow for such a devi- $8,000,000 is for power purchases at the Rich- ation. The Secretary may not delegate the point. ard B. Russell Project, to remain available authority to grant such a waiver. The CHAIRMAN. Is there objection until expended. (b) At least 60 days before a contract to the request of the gentleman from award, amendment, or modification for OPERATION AND MAINTENANCE, Pennsylvania? which the Secretary intends to grant such a There was no objection. SOUTHWESTERN POWER ADMINISTRATION waiver, the Secretary shall submit to the For necessary expenses of operation and Subcommittees on Energy and Water Devel- AMENDMENT OFFERED BY MR. DAN SCHAEFER OF maintenance of power transmission facilities opment of the Committees on Appropriations COLORADO and of marketing electric power and energy, of the House of Representatives and the Sen- Mr. DAN SCHAEFER of Colorado. and for construction and acquisition of ate a report notifying the subcommittees of Mr. Chairman, I offer an amendment. transmission lines, substations and appur- the waiver and setting forth the reasons for The Clerk read as follows: tenant facilities, and for administrative ex- the waiver. Amendment offered by Mr. DAN SCHAEFER penses, including official reception and rep- SEC. 302. (a) None of the funds appropriated of Colorado: resentation expenses in an amount not to ex- by this Act or any prior appropriations Act Page 28, insert after line 2 the following: ceed $1,500 in carrying out the provisions of may be used to award, amend, or modify a section 5 of the Flood Control Act of 1944 (16 contract in a manner that deviates from the WASTE ISOLATION PILOT PLANT LAND WITH- DRAWAL ACT U.S.C. 825s), as applied to the southwestern Federal Acquisition Regulation, unless the SEC. 308. None of the funds appropriated by power area, $24,710,000, to remain available Secretary of Energy grants, on a case-by- this Act or any prior appropriations Act may until expended; in addition, notwithstanding case basis, a waiver to allow for such a devi- be used to provide economic assistance or the provisions of 31 U.S.C. 3302, not to exceed ation. The Secretary may not delegate the miscellaneous payments under section 15 of $4,200,000 in reimbursements, to remain authority to grant such a waiver. the Waste Isolation Pilot Plant Land With- available until expended. (b) At least 60 days before a contract drawal Act (Public Law 102–579, 106 Stat. award, amendment, or modification for CONSTRUCTION, REHABILITATION, OPERATION 4777) until the Waste Isolation Pilot Plant which the Secretary intends to grant such a AND MAINTENANCE, WESTERN AREA POWER commences disposal operations. ADMINISTRATION waiver, the Secretary shall submit to the Subcommittees on Energy and Water Devel- Mr. MCDADE (during the reading). For carrying out the functions authorized opment of the Committees on Appropriations Mr. Chairman, I ask unanimous con- by title III, section 302(a)(1)(E) of the Act of of the House of Representatives and the Sen- August 4, 1977 (42 U.S.C. 7152), and other re- sent that the amendment be considered ate a report notifying the subcommittees of lated activities including conservation and as read and printed in the RECORD. the waiver and setting forth the reasons for renewable resources programs as authorized, The CHAIRMAN. Is there objection the waiver. including official reception and representa- to the request of the gentleman from SEC. 303. None of the funds appropriated by tion expenses in an amount not to exceed this Act or any prior appropriations Act may Pennsylvania? $1,500, $205,000,000, to remain available until be used to— There was no objection. expended, of which $195,787,000 shall be de- (1) develop or implement a workforce re- rived from the Department of the Interior b 1930 structuring plan that covers employees of Reclamation Fund: Provided, That of the the Department of Energy; or Mr. MCDADE. Mr. Chairman, will the amount herein appropriated, $5,036,000 is for (2) provide enhanced severance payments gentleman yield? deposit into the Utah Reclamation Mitiga- or other benefits for employees of the De- Mr. DAN SCHAEFER of Colorado. I tion and Conservation Account pursuant to partment of Energy; under section 3161 of the title IV of the Reclamation Projects Author- yield to the gentleman from Pennsyl- National Defense Authorization Act for Fis- ization and Adjustment Act of 1992. vania. cal Year 1993 (Public Law 102–484; 106 Stat. C FALCON AND AMISTAD OPERATING AND Mr. M DADE. Mr. Chairman, may I 2644; 42 U.S.C. 7274h). say to my distinguished friend, the MAINTENANCE FUND SEC. 304. None of the funds appropriated by For operation, maintenance, and emer- this Act or any prior appropriations Act may gentleman from Colorado, and the dis- gency costs for the hydroelectric facilities at be used to augment the $29,800,000 made tinguished chairman of one of the most the Falcon and Amistad Dams, $970,000, to available for obligation by this Act for sever- important committees of the Congress, remain available until expended, and to be ance payments and other benefits and com- he has kept us totally informed. We are H4942 CONGRESSIONAL RECORD — HOUSE June 22, 1998 in support of his amendment, and we U.S.C. 3302, and shall remain available until reimbursable or nonreimbursable and col- accept it. expended: Provided further, That $3,200,000 of lected until fully repaid pursuant to the Mr. DAN SCHAEFER of Colorado. the funds herein appropriated for regulatory ‘‘Cleanup Program—Alternative Repayment Mr. Chairman, I thank the gentleman reviews and other assistance provided to the Plan’’ and the ‘‘SJVDP—Alternative Repay- Department of Energy and other Federal ment Plan’’ described in the report entitled from Pennsylvania. agencies shall be excluded from license fee ‘‘Repayment Report, Kesterson Reservoir Mr. FAZIO of California. Mr. Chair- revenues, notwithstanding 42 U.S.C. 2214: Cleanup Program and San Joaquin Valley man, will the gentleman yield? Provided further, That the sum herein appro- Drainage Program, February 1995’’, prepared Mr. DAN SCHAEFER of Colorado. I priated shall be reduced by the amount of by the Department of the Interior, Bureau of yield to the gentleman from California. revenues received during fiscal year 1999 so Reclamation. Any future obligations of funds Mr. FAZIO of California. Mr. Chair- as to result in a final fiscal year 1999 appro- by the United States relating to, or provid- man, I certainly understand the con- priation estimated at not more than ing for, drainage service or drainage studies cern that moves the gentleman to $18,000,000. for the San Luis Unit shall be fully reim- OFFICE OF INSPECTOR GENERAL bursable by San Luis Unit beneficiaries of bring this amendment. I am sure we such service or studies pursuant to Federal will examine this issue further as we For necessary expenses of the Office of In- spector General in carrying out the provi- Reclamation law. prepare for conference. EC. 504. None of the funds made available sions of the Inspector General Act of 1978, as S Mr. DAN SCHAEFER of Colorado. in this or any other Act may be used to re- amended, $4,800,000, to remain available until start the High Flux Beam Reactor. Mr. Chairman, I thank both gentlemen, expended: Provided, That the sum herein ap- SEC. 505. Section 6101(a)(3) of the Omnibus and I particularly thank both gentle- propriated shall be reduced by the amount of Budget Reconciliation Act of 1990, as amend- men for their long service here in the revenues received during fiscal year 1999 so ed, (42 U.S.C. 2214(a)(3)) is amended by strik- Congress. as to result in a final fiscal year 1999 appro- ing ‘‘September 30, 1998’’ and inserting ‘‘Sep- priation estimated at not more than $0. The CHAIRMAN. The question is on tember 30, 1999’’. the amendment offered by the gen- NUCLEAR WASTE TECHNICAL REVIEW SEC. 506. (a) Funds appropriated for ‘‘Nu- tleman from Colorado (Mr. DAN SCHAE- BOARD clear Regulatory Commission—Salaries and FER). SALARIES AND EXPENSES Expenses’’ shall be available to the Commis- The amendment was agreed to. For necessary expenses of the Nuclear sion for the following additional purposes: The CHAIRMAN. Are there further Waste Technical Review Board, as author- (1) Employment of aliens. amendments to the bill? ized by Public Law 100–203, section 5051, (2) Services authorized by section 3109 of title 5, United States Code. Mr. MCDADE. Mr. Chairman, I ask $2,600,000, to be derived from the Nuclear (3) Publication and dissemination of atom- unanimous consent that the remainder Waste Fund, and to remain available until expended. ic information. of the bill through page 37, line 13, be TITLE V—GENERAL PROVISIONS (4) Purchase, repair, and cleaning of uni- considered as read, printed in the forms. SEC. 501. None of the funds appropriated by RECORD, and open to amendment at (5) Reimbursements to the General Serv- this Act may be used in any way, directly or ices Administration for security guard serv- any point. indirectly, to influence congressional action ices. The CHAIRMAN. Is there objection on any legislation or appropriation matters (6) Hire of passenger motor vehicles and to the request of the gentleman from pending before Congress, other than to com- aircraft. Pennsylvania? municate to Members of Congress as de- (7) Transfers of funds to other agencies of scribed in section 1913 of title 18, United There was no objection. the Federal Government for the performance States Code. The text of the remainder of the bill of the work for which such funds are appro- SEC. 502. (a) PURCHASE OF AMERICAN-MADE through page 37, line 13, is as follows: priated, and such transferred funds may be EQUIPMENT AND PRODUCTS.—It is the sense of merged with the appropriations to which TITLE IV the Congress that, to the greatest extent they are transferred. INDEPENDENT AGENCIES practicable, all equipment and products pur- (8) Transfers to the Office of Inspector Gen- chased with funds made available in this Act APPALACHIAN REGIONAL COMMISSION eral of the Commission, not to exceed an ad- should be American-made. For expenses necessary to carry out the ditional amount equal to 5 percent of the (b) NOTICE REQUIREMENT.—In providing fi- programs authorized by the Appalachian Re- amount otherwise appropriated to the Office nancial assistance to, or entering into any gional Development Act of 1965, as amended, for the fiscal year. Notice of such transfers contract with, any entity using funds made notwithstanding section 405 of said Act, for shall be submitted to the Committees on Ap- available in this Act, the head of each Fed- necessary expenses for the Federal Co-Chair- propriations. eral agency, to the greatest extent prac- man and the alternate on the Appalachian (b) Funds appropriated for ‘‘Nuclear Regu- ticable, shall provide to such entity a notice Regional Commission, for payment of the latory Commission—Office of Inspector Gen- describing the statement made in subsection Federal share of the administrative expenses eral’’ shall be available to the Office for the (a) by the Congress. of the Commission, including services as au- additional purposes described in paragraphs (c) PROHIBITION OF CONTRACTS WITH PER- thorized by 5 U.S.C. 3109, and hire of pas- (2) and (7) of subsection (a). SONS FALSELY LABELING PRODUCTS AS MADE senger motor vehicles, $65,900,000, to remain (c) Moneys received by the Commission for IN AMERICA.—If it has been finally deter- available until expended. the cooperative nuclear research program, mined by a court or Federal agency that any services rendered to State governments, for- DEFENSE NUCLEAR FACILITIES SAFETY person intentionally affixed a label bearing a eign governments, and international organi- BOARD ‘‘Made in America’’ inscription, or any in- zations, and the material and information SALARIES AND EXPENSES scription with the same meaning, to any access authorization programs, including product sold in or shipped to the United For necessary expenses of the Defense Nu- criminal history checks under section 149 of States that is not made in the United States, clear Facilities Safety Board in carrying out the Atomic Energy Act of 1954 (42 U.S.C. the person shall be ineligible to receive any activities authorized by the Atomic Energy 2169) may be retained and used for salaries contract or subcontract made with funds Act of 1954, as amended by Public Law 100– and expenses associated with those activi- made available in this Act, pursuant to the 456, section 1441, $16,500,000, to remain avail- ties, notwithstanding 31 U.S.C. 3302, and debarment, suspension, and ineligibility pro- able until expended. shall remain available until expended. cedures described in sections 9.400 through NUCLEAR REGULATORY COMMISSION (d) This section shall apply to fiscal year 9.409 of title 48, Code of Federal Regulations. 1999 and each succeeding fiscal year. SALARIES AND EXPENSES SEC. 503. (a) None of the funds appropriated SEC. 507. Sec. 505 of Public Law 102–377, the For necessary expenses of the Commission or otherwise made available by this Act may Fiscal Year 1993 Energy and Water Develop- in carrying out the purposes of the Energy be used to determine the final point of dis- ment Appropriations Act, and section 208 of Reorganization Act of 1974, as amended, and charge for the interceptor drain for the San Public Law 99–349, the Urgent Supplemental the Atomic Energy Act of 1954, as amended, Luis Unit until development by the Sec- Appropriations Act, 1986, are repealed. including official representation expenses retary of the Interior and the State of Cali- (not to exceed $5,000); $462,700,000, to remain fornia of a plan, which shall conform to the IMPLEMENTATION OF EXTERNAL REGULATION available until expended: Provided, That of water quality standards of the State of Cali- SEC. 508. (a) TRANSFER OF AUTHORITY.— the amount appropriated herein, $14,800,000 fornia as approved by the Administrator of Notwithstanding any other provision of law, shall be derived from the Nuclear Waste the Environmental Protection Agency, to no later than March 31, 1999, the Department Fund: Provided further, That revenues from minimize any detrimental effect of the San of Energy shall not implement and enforce licensing fees, inspection services, and other Luis drainage waters. its own regulatory system, through rules, services and collections estimated at (b) The costs of the Kesterson Reservoir regulations, orders, or standards, with re- $444,700,000 in fiscal year 1999 shall be re- Cleanup Program and the costs of the San gard to the Ernest Orlando Lawrence Berke- tained and used for necessary salaries and Joaquin Valley Drainage Program shall be ley National Laboratory for environment, expenses in this account, notwithstanding 31 classified by the Secretary of the Interior as safety, and health, but shall be regulated by June 22, 1998 CONGRESSIONAL RECORD — HOUSE H4943 the appropriate Federal, State, and local The vote was taken by electronic de- Horn Mica Sisisky agencies as provided by the applicable Fed- vice, and there were—ayes 147, noes 261, Hostettler Millender- Skaggs eral, State, and local laws and regulations: Houghton McDonald Skeen not voting 25, as follows: Hoyer Mollohan Skelton Provided, That for this facility, the Depart- [Roll No. 252] Hunter Moran (KS) Slaughter ment shall be deemed to be a ‘‘person’’ under Hyde Moran (VA) Smith (MI) the Atomic Energy Act of 1954, as amended. AYES—147 Istook Murtha Smith (OR) (b) DEPARTMENT OF ENERGY REPORTING RE- Abercrombie Hutchinson Pappas Jackson-Lee Myrick Smith (TX) QUIREMENT.—By October 31, 1998, the Sec- Allen Inglis Paul (TX) Nethercutt Smith, Linda retary of Energy shall transmit to the Con- Andrews Jackson (IL) Paxon Jefferson Northup Snyder gress a plan for termination of its authority Bachus Kasich Payne Jenkins Norwood Solomon John Nussle Souder to regulate its contractors and to self-regu- Baldacci Kennedy (MA) Pelosi Barrett (WI) Kennedy (RI) Peterson (MN) Johnson (CT) Obey Spence late its own operations in the areas of envi- Johnson (WI) Ortiz Spratt ronment, safety, and health at the facility Bass Kennelly Petri Bilbray Kildee Pitts Johnson, E. B. Packard Stenholm named in section (a). The report shall in- Blagojevich Kilpatrick Ramstad Johnson, Sam Parker Strickland clude— Blumenauer Kind (WI) Rivers Jones Pastor Stump (1) A detailed transition plan, giving the Bonior Kingston Rohrabacher Kanjorski Pease Stupak schedule for termination of self-regulation Brown (OH) Kleczka Ros-Lehtinen Kaptur Peterson (PA) Tanner Kelly Pickering Tauscher authority as outlined in section (a), includ- Campbell Klug Rothman Capps Kucinich Roukema Kim Pickett Tauzin ing the activities to be coordinated with the King (NY) Pombo Taylor (MS) Nuclear Regulatory Commission (NRC) and Chabot LaHood Roybal-Allard Christensen Lampson Royce Klink Pomeroy Taylor (NC) the Occupational Safety and Health Admin- Clay Lantos Sabo Knollenberg Porter Thomas istration (OSHA); Coble Largent Salmon Kolbe Price (NC) Thompson (2) A description of any issues remaining to Coburn Lee Sanchez LaFalce Pryce (OH) Thornberry be resolved with the NRC and OSHA or other Conyers Levin Sanders Latham Quinn Thurman LaTourette Radanovich Tiahrt external regulators, and a timetable for re- Cox Lewis (GA) Sanford Danner Lipinski Scarborough Lazio Rahall Traficant solving such issues before March 31, 1999; and Leach Redmond Turner (3) An estimate of the current annual cost Davis (FL) LoBiondo Schaffer, Bob Davis (IL) Lofgren Sensenbrenner Lewis (CA) Regula Upton of administering and implementing self-reg- Deal Lowey Serrano Lewis (KY) Reyes Visclosky ulation of environment, safety, and health DeFazio Luther Shadegg Linder Riggs Walsh activities at all Department of Energy facili- Delahunt Maloney (CT) Shaw Lucas Riley Wamp ties, and an estimate of the number of Fed- DeLauro Markey Shays Manton Rodriguez Watkins Manzullo Roemer Watt (NC) eral and contractor employees currently ad- Doggett McCarthy (MO) Sherman Duncan McCarthy (NY) Smith (NJ) Martinez Rogan Watts (OK) ministering and implementing self-regula- Mascara Rogers Weldon (PA) tion of environment, safety and health ac- Engel McDermott Smith, Adam English McGovern Snowbarger Matsui Ryun Weller tivities at each of the facilities. For the Ensign McInnis Stabenow McCollum Sandlin White Lawrence Berkeley National Laboratory, Evans McIntosh Stark McCrery Sawyer Wicker there should also be an estimate of the cost Farr McKinney Stearns McDade Saxton Wise of the external regulators based on the pilot Foley Meeks (NY) Stokes McHale Schaefer, Dan Wolf McHugh Scott Wynn project of simulated NRC regulation which Frank (MA) Menendez Sununu Franks (NJ) Metcalf Talent McIntyre Sessions Young (AK) has already been conducted; an estimate of McKeon Shimkus Young (FL) the cost and number of Federal and contrac- Furse Miller (FL) Thune Gejdenson Minge Tierney Meek (FL) Shuster tor employees currently administering and Gephardt Mink Velazquez NOT VOTING—25 implementing self-regulation of environ- Gibbons Moakley Vento ment, safety and health activities at the Harman Morella Waters Ackerman Maloney (NY) Poshard Laboratory; and an estimate of the extent Hastings (FL) Neal Waxman Baker McNulty Rangel and schedule by which the Department and Hefley Neumann Wexler Becerra Meehan Rush Hilliard Ney Weygand Cannon Miller (CA) Schumer Laboratory staffs will be reduced as a result Carson Nadler Torres of implementation of section (a). Hinchey Oberstar Whitfield Hooley Olver Woolsey Gonzalez Owens Towns (c) NUCLEAR REGULATORY COMMISSION RE- Hulshof Pallone Yates Gordon Oxley Weldon (FL) PORTING REQUIREMENT.—By January 30, 1999, Gutierrez Pascrell the Chairman of the Nuclear Regulatory NOES—261 Livingston Portman Commission shall submit to Congress a plan Aderholt Castle Fattah b 1952 for regulating accelerator-produced radio- Archer Chambliss Fawell active material, and ionizing radiation gen- Armey Chenoweth Fazio Mrs. NORTHUP and Messrs. erating machines at Department of Energy Baesler Clayton Filner RODRIGUEZ, SPRATT, GOSS, facilities. The report shall: Ballenger Clement Forbes WELLER, DAVIS of Virginia, (1) Recommend what statutory changes, if Barcia Clyburn Ford Barr Collins Fossella EHLERS, HOSTETTLER and EHR- any, would be needed to provide the Commis- Barrett (NE) Combest Fowler LICH changed their vote from ‘‘aye’’ to sion with the authority to regulate accelera- Bartlett Condit Fox ‘‘no.’’ tor use at Department of Energy facilities; Barton Cook Frelinghuysen Ms. DELAURO, Ms. KILPATRICK, (2) Identify what additional Commission Bateman Cooksey Frost resources would be needed to accomplish Bentsen Costello Gallegly and Messrs. BACHUS, LEWIS of Geor- such regulation; and Bereuter Coyne Ganske gia, DEAL of Georgia, and BOB (3) Identify any existing technical or regu- Berman Cramer Gekas SCHAFFER of Colorado changed their Berry Crane Gilchrest latory obstacles to the Commission regula- Bilirakis Crapo Gillmor vote from ‘‘no’’ to ‘‘aye.’’ tion of accelerator use. Bishop Cubin Gilman So the amendment was rejected. The CHAIRMAN. Are there any fur- Bliley Cummings Goode The result of the vote was announced ther amendments? Blunt Cunningham Goodlatte as above recorded. Boehlert Davis (VA) Goodling The CHAIRMAN. The Clerk will read AMENDMENT OFFERED BY MR. FOLEY Boehner DeGette Goss Bonilla DeLay Graham the final lines of the bill. The CHAIRMAN. If not, the pending Bono Deutsch Granger The Clerk read as follows: business is the demand for a recorded Borski Diaz-Balart Green This Act may be cited as the ‘‘Energy and vote on the amendment offered by the Boswell Dickey Greenwood Water Development Appropriations Act, gentleman from Florida (Mr. FOLEY) on Boucher Dicks Gutknecht Boyd Dingell Hall (OH) 1999’’. which further proceedings were post- Brady (PA) Dixon Hall (TX) The CHAIRMAN. If there are no fur- poned and on which the noes prevailed Brady (TX) Dooley Hamilton ther amendments, under the rule the by a voice vote. Brown (CA) Doolittle Hansen Brown (FL) Doyle Hastert Committee rises. The Clerk will redesignate the Bryant Dreier Hastings (WA) Accordingly, the Committee rose; amendment. Bunning Dunn Hayworth and the Speaker pro tempore (Mr. Burr Edwards Hefner The Clerk redesignated the amend- LATOURETTE) having assumed the ment. Burton Ehlers Herger Buyer Ehrlich Hill chair, Mr. BARRETT of Nebraska, Chair- RECORDED VOTE Callahan Emerson Hilleary man of the Committee of the Whole The CHAIRMAN. A recorded vote has Calvert Eshoo Hinojosa House on the State of the Union, re- Camp Etheridge Hobson been demanded. Canady Everett Hoekstra ported that that Committee, having A recorded vote was ordered. Cardin Ewing Holden had under consideration the bill (H.R. H4944 CONGRESSIONAL RECORD — HOUSE June 22, 1998 4060) making appropriations for energy Hobson McHugh Sawyer The result of the vote was announced Hoekstra McInnis Saxton and water development for the fiscal Holden McIntosh Scarborough as above recorded. year ending September 30, 1999, and for Hooley McIntyre Schaefer, Dan A motion to reconsider was laid on other purposes, pursuant to House Res- Horn McKeon Schaffer, Bob the table. olution 478, he reported the bill back to Hostettler McKinney Scott Houghton Meek (FL) Serrano f the House with an amendment adopted Hoyer Meeks (NY) Sessions by the Committee of the Whole. Hulshof Menendez Shadegg ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. Under Hunter Metcalf Shaw PRO TEMPORE Hutchinson Mica Shays the rule, the previous question is or- Hyde Millender- Sherman The SPEAKER pro tempore (Mr. dered. Inglis McDonald Shimkus LATOURETTE). Pursuant to the provi- The question is on the amendment. Istook Miller (FL) Shuster sions of clause 5, rule I, the Chair will The amendment was agreed to. Jackson (IL) Minge Sisisky Jackson-Lee Mink Skaggs now put the question on each question The SPEAKER pro tempore. The (TX) Moakley Skeen on which further proceedings were question is on the engrossment and Jefferson Mollohan Skelton postponed earlier today in the follow- third reading of the bill. Jenkins Moran (KS) Slaughter John Moran (VA) Smith (MI) ing order: The bill was ordered to be engrossed Johnson (CT) Morella Smith (NJ) H.R. 4059, by the yeas and nays; and read a third time, and was read the Johnson (WI) Murtha Smith (OR) House Concurrent Resolution 288, by third time. Johnson, E. B. Myrick Smith (TX) the yeas and nays; House Resolution Johnson, Sam Neal Smith, Adam The SPEAKER pro tempore. The Jones Nethercutt Smith, Linda 452, by the yeas and nays; approval of question is on the passage of the bill. Kanjorski Neumann Snowbarger the Journal, de novo. Pursuant to clause 7 of rule XV, the Kaptur Ney Snyder Pursuant to the previous order of yeas and nays are ordered. Kasich Northup Solomon Kelly Norwood Souder today, the Chair will reduce to 5 min- Without objection, the proceedings Kennedy (MA) Nussle Spence utes the time for each electronic vote, on H.R. 4059 will resume immediately Kennedy (RI) Oberstar Spratt including the first such vote in this se- after this vote, and the Chair will re- Kennelly Obey Stabenow ries. Kildee Olver Stark duce to 5 minutes the minimum time Kilpatrick Ortiz Stearns f for any electronic vote on the passage Kim Packard Stenholm of H.R. 4059. Kind (WI) Pallone Stokes MILITARY CONSTRUCTION There was no objection. King (NY) Pappas Strickland APPROPRIATIONS ACT, 1999 Kingston Parker Stump The vote was taken by electronic de- Kleczka Pastor Stupak The SPEAKER pro tempore. The vice, and there were—yeas 405, nays 4, Klink Paxon Sununu pending business is the question of pas- not voting 24, as follows: Klug Payne Talent Knollenberg Pease Tanner sage of the bill, H.R. 4059, on which fur- [Roll No. 253] Kolbe Pelosi Tauscher ther proceedings were postponed. YEAS—405 Kucinich Peterson (MN) Tauzin The Clerk read the title of the bill. LaFalce Peterson (PA) Taylor (MS) Abercrombie Castle Eshoo LaHood Petri Taylor (NC) The SPEAKER pro tempore. The Aderholt Chabot Etheridge Lampson Pickering Thomas question is on the passage of the bill. Allen Chambliss Evans Lantos Pickett Thompson Pursuant to clause 7 of rule XV, the Andrews Chenoweth Everett Largent Pitts Thornberry yeas and nays are ordered. Archer Christensen Ewing Latham Pombo Thune Armey Clay Farr LaTourette Pomeroy Thurman This is a 5-minute vote. Bachus Clayton Fattah Lazio Porter Tiahrt The vote was taken by electronic de- Baesler Clement Fawell Leach Price (NC) Tierney vice, and there were—yeas 396, nays 10, Baldacci Clyburn Fazio Lee Pryce (OH) Traficant Ballenger Coble Filner Levin Quinn Turner not voting 27, as follows: Barcia Coburn Foley Lewis (CA) Radanovich Upton [Roll No. 254] Barr Collins Forbes Lewis (GA) Rahall Velazquez YEAS—396 Barrett (NE) Combest Ford Lewis (KY) Ramstad Vento Barrett (WI) Condit Fossella Linder Redmond Visclosky Abercrombie Brown (FL) Davis (IL) Bartlett Conyers Fowler Lipinski Regula Walsh Aderholt Brown (OH) Davis (VA) Barton Cook Fox Livingston Reyes Wamp Allen Bryant Deal Bass Cooksey Frank (MA) LoBiondo Riggs Waters Andrews Bunning DeFazio Bateman Costello Franks (NJ) Lofgren Riley Watkins Archer Burr DeGette Bentsen Cox Frelinghuysen Lowey Rivers Watt (NC) Armey Burton Delahunt Bereuter Coyne Frost Lucas Rodriguez Watts (OK) Bachus Buyer DeLauro Berman Cramer Furse Luther Roemer Waxman Baesler Callahan DeLay Berry Crane Gallegly Maloney (CT) Rogan Weldon (PA) Baldacci Calvert Deutsch Bilbray Crapo Ganske Manton Rogers Weller Ballenger Camp Diaz-Balart Bilirakis Cubin Gejdenson Manzullo Rohrabacher Wexler Barcia Campbell Dickey Bishop Cummings Gekas Markey Ros-Lehtinen Weygand Barr Canady Dicks Blagojevich Cunningham Gephardt Martinez Rothman White Barrett (NE) Capps Dingell Bliley Danner Gilchrest Mascara Roukema Whitfield Barrett (WI) Cardin Dixon Blumenauer Davis (FL) Gillmor Matsui Roybal-Allard Wicker Bartlett Castle Doggett Blunt Davis (IL) Gilman McCarthy (MO) Royce Wise Barton Chabot Dooley Boehlert Davis (VA) Goode McCarthy (NY) Ryun Wolf Bass Chambliss Doolittle Boehner Deal Goodlatte McCollum Sabo Woolsey Bateman Chenoweth Doyle Bonilla DeFazio Goodling McCrery Salmon Wynn Bentsen Christensen Dreier Bonior DeGette Goss McDade Sanchez Yates Bereuter Clay Duncan Bono Delahunt Graham McDermott Sanders Young (AK) Berman Clayton Dunn Borski DeLauro Granger McGovern Sandlin Young (FL) Berry Clement Edwards Boswell DeLay Green McHale Sanford Bilbray Clyburn Ehlers Boucher Deutsch Greenwood Bilirakis Coble Ehrlich Boyd Diaz-Balart Gutknecht NAYS—4 Bishop Coburn Emerson Brady (PA) Dickey Hall (OH) Ensign Paul Blagojevich Collins Engel Brady (TX) Dicks Hall (TX) Gibbons Sensenbrenner Bliley Combest English Brown (CA) Dingell Hamilton Blumenauer Condit Ensign Brown (FL) Dixon Hansen NOT VOTING—24 Blunt Cook Eshoo Brown (OH) Doggett Harman Ackerman Maloney (NY) Portman Boehlert Cooksey Etheridge Bryant Dooley Hastert Baker McNulty Poshard Boehner Costello Evans Bunning Doolittle Hastings (FL) Becerra Meehan Rangel Bonilla Cox Everett Burr Doyle Hastings (WA) Cannon Miller (CA) Rush Bonior Coyne Ewing Burton Dreier Hayworth Carson Nadler Schumer Bono Cramer Farr Buyer Duncan Hefley Gonzalez Owens Torres Borski Crane Fattah Callahan Dunn Hefner Gordon Oxley Towns Boswell Crapo Fawell Calvert Edwards Herger Gutierrez Pascrell Weldon (FL) Boucher Cubin Fazio Camp Ehlers Hill Boyd Cummings Filner Campbell Ehrlich Hilleary Brady (PA) Cunningham Foley Canady Emerson Hilliard b 2010 Brady (TX) Danner Forbes Capps Engel Hinchey Brown (CA) Davis (FL) Ford Cardin English Hinojosa So the bill was passed.