E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, WEDNESDAY, APRIL 9, 1997 No. 41 Senate The Senate met at 10:30 a.m., and was this important legislation during to- Mr. THOMAS. I thank the Chair. called to order by the President pro day’s session. Rollcall votes are there- (The remarks of Mr. THOMAS and Mr. tempore [Mr. THURMOND]. fore possible throughout the day, and KEMPTHORNE pertaining to the intro- the Senate may be in session into the duction of S. 532 are located in today’s PRAYER evening if necessary. As always, all RECORD under ‘‘Statements on Intro- The Chaplain, Dr. Lloyd John Senators will be notified as to when duced Bills and Joint Resolutions.’’) Ogilvie, offered the following prayer: any votes are scheduled. He also re- Mr. KEMPTHORNE. Mr. President, I Gracious Father, thank You for this minds all Members that we are now be- yield the floor. I suggest the absence of time of prayer in which we can wake ginning a lengthy period of legislative a quorum. up to reality, see things as they really session prior to the next scheduled re- The PRESIDING OFFICER. The are, and be totally honest with You. cess, and he also asks for the coopera- clerk will call the roll. Grant us a healthy blend of realism tion of all of our colleagues as we at- The bill clerk proceeded to call the and vision. We tire of the fake and the tempt to move forward and complete roll. false. We become fatigued fighting pre- action on a number of important issues Mr. GRASSLEY. Mr. President, I ask tense that polishes problems and during this period. unanimous consent that the order for evades Your judgment. The spin runs Mr. President, I also ask for about 10 the quorum call be rescinded. thin; the damage control delays expo- minutes for a statement on a bill I am The PRESIDING OFFICER. Without sure of truth. Distinctions between the introducing, if I may. objection, it is so ordered. real and the illusion become blurred. The PRESIDENT pro tempore. With- The Senator from Iowa is recognized. Lord, it is in this kind of world that out objection, it is so ordered. Mr. GRASSLEY. I thank the Chair. You have called us to serve and give (The remarks of Mr. CAMPBELL per- (The remarks of Mr. GRASSLEY and leadership. Bless the Senators as they taining to the introduction of S. 528 are Mr. GRAMS pertaining to the introduc- seek and then speak Your truth. May located in today’s RECORD under tion of S. 529 are located in today’s the quality of the life of this Senate be ‘‘Statements on Introduced Bills and RECORD under ‘‘Statements on Intro- distinguished by an integrity in which Joint Resolutions.’’) duced Bills and Joint Resolutions.’’) words are used to motivate and not The PRESIDING OFFICER (Mr. ROB- (The remarks of Mr. GRASSLEY per- manipulate, where debate is an arena ERTS). Who seeks time? taining to the introduction of legisla- for communication and not competi- Mr. THOMAS addressed the Chair. tion are located in today’s RECORD tion. You are Sovereign of this land, The PRESIDING OFFICER. The Sen- under ‘‘Statements on Introduced Bills and we accept our accountability to ator from Wyoming is recognized. and Joint Resolutions.’’) You for how we relate to one another f Mr. GRASSLEY. Mr. President, I in the relationships we share as we yield the floor. work together. In the name of our Lord MEASURE PLACED ON CALENDAR Mr. GRAMS addressed the Chair. and Savior. Amen. Mr. THOMAS. Mr. President, a little The PRESIDING OFFICER (Mr. f housekeeping. First, I understand that ENZI). The Chair recognizes the Sen- ator from Minnesota. RECOGNITION OF THE ACTING there is a bill due for its second read- Mr. GRAMS. Mr. President, I ask MAJORITY LEADER ing. The PRESIDING OFFICER. The Sen- unanimous consent to speak for up to The PRESIDENT pro tempore. The ator is correct. The clerk will report. 20 minutes as in morning business. able acting majority leader is recog- The legislative clerk read as follows: The PRESIDING OFFICER. Without nized. A bill (S. 522) to amend the Internal Reve- objection, it is so ordered. SCHEDULE nue Code of 1986 to impose civil and criminal f Mr. CAMPBELL. Mr. President, on penalties for the unauthorized access of tax behalf of the leader, today the Senate returns and tax return information by Fed- TRIBUTE TO GEORGE will be in a period of morning business eral employees and other persons, and for DURENBERGER until the hour of 1 p.m. to accommo- other purposes. Mr. GRAMS. Mr. President, on March date a number of Senators who have re- Mr. THOMAS. Mr. President, I object 20, my dear friend and former col- quested time to speak. By consent, at 1 to further proceedings on this matter league, Senator Dave Durenberger, lost p.m. the Senate will begin consider- at this time. his father, George Durenberger, at the ation of S. 104, the Nuclear Policy Act. The PRESIDING OFFICER. The age of 90. The leader hopes the Senate will be measure will be placed on the calendar But, because the Senate was just be- able to make substantial progress on under rule XIV. ginning its recess at that time, I did

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

S2865 S2866 CONGRESSIONAL RECORD — SENATE April 9, 1997 not have the opportunity to pay re- Supreme Court Justice John Simonett. MEDICARE REFORM spect to my friend and the much-cele- ‘‘Then we met ‘Big George’. And we Mr. WYDEN. Mr. President, I have brated life of his father. It is for this looked up to him—both literally and come to the floor each day this week to purpose that I rise today. figuratively.’’ talk about what I think is the critical It has been said that, ‘‘the worst sin George Durenberger lifted spirits, re- need for the Senate to develop a bipar- against our fellow creatures is not to called another St. John’s alumnus, ‘‘I tisan plan to reform Medicare. Medi- hate them, but to be indifferent to always left George feeling better about care is a lifeline for millions and mil- them; that is the essence of inhuman- myself.’’ George Durenberger ‘‘was the lions of American families, and I think ity.’’ George Durenberger, the parent, first person I met as a student at St. it is understood by every Member of the teacher, the coach, must have been John’s in 1924,’’ remembered Fred this body that this is a program that acutely aware of this because there was Hughes, a St. Cloud attorney and faces financial crisis as we look to the not indifference in him. He saw worth former University of Minnesota Re- next century. in every person he met and rewarded gent, ‘‘and to this day, he remains the Today, as part of the effort to build them with a first chance, a second, and best.’’ support for a bipartisan Medicare re- a third. And, consider what the Hill news- form effort I will look specifically at In short, George Durenberger never paper’s Al Eisele, who attended St. the Medicare reimbursement formula. I gave up on anyone. Beyond all his John’s, had to say. Mr. Eisele said, think it is important to take this sub- other contributions, George Duren- ‘‘George Durenberger was as much a ject up because I believe today’s Medi- berger will be most remembered for his part of the modern history of St. care reimbursement system in many abiding faith in people. John’s University as the Benedictine instances overcharges taxpayers on According to newspaper accounts, monks who founded it 150 years ago.’’ costs and shortchanges older people George Durenberger was one of the Durenberger, ‘‘a physically imposing who need and deserve good quality ‘‘best known and most well-liked men man with a booming voice and out- care. in Central Minnesota.’’ By the same ac- going personality,’’ as described by Now, Mr. President, as we all know, counts, ‘‘Big George’’ as he was often Eisele, ‘‘helped shape the lives of thou- there are essentially two major types called, was ‘‘a legend.’’ sands of young men.’’ As athletic direc- of health care in America. There is tra- Coming to St. John’s Abbey and Uni- tor, Durenberger was such a forceful ditional health care, what is known as versity in Collegeville, MN in 1924 as a man, noted Eisele, that he even got the fee-for-service. It means just what it student, George Durenberger obtained monks to exercise. sounds like. Providers get paid on the hero status as the star offensive center In closing, Eisele remarked that basis of the number of services that on the football team, the first three Durenberger and his wife Isabelle were they render. This, unfortunately, can time All-Minnesota Intercollegiate ‘‘surrogate parents to many * * * and encourage waste. If, for example, an Athletic Conference award winner, and an inspiration to all.’’ older person in traditional health care George Durenberger never left St. also the captain of not only the foot- receives 10 medical tests and 4 would John’s until he died. He loved the insti- ball team but the basketball team as have been sufficient, under traditional tution and all the people and memories well. health care the provider gets paid for that came with it. However, this love Upon graduation in 1928, Durenberger 10. The other type of health care is was not connected to stubborn consist- became a professor and coach at St. what is known as managed care or ency but to confection. George Duren- John’s and, over the course of 44 years, health maintenance organizations. berger, said one friend, ‘‘was driven by served as head coach of the football, This is essentially a prepaid kind of ar- a vision of a ‘better city’ ,’’ something basketball, and baseball teams—and rangement. It creates incentives to akin to the city referred to in the book sometimes all at once. hold down costs. But as we know, in Durenberger served as athletic direc- of Hebrews. Another book in Scriptures, Prov- some instances, tragically, it has also tor for both St. John’s University and erbs, states, ‘‘Train up a child in the been used as a tool to hold back on St. John’s preparatory school athletics way he should go: and when he is old, needed health care that older people for all but 2 of his 44 years at St. he will not depart from it.’’ According depend on. John’s. The Federal Government, looking to to George Durenberger’s eldest son, my Many Minnesotans still recall that it the great demographic changes, the de- friend and former colleague, ‘‘All my was George Durenberger who started mographic earthquake that our coun- desire for public service and for mak- the round robin system of intercolle- try will face in the next century, has ing the world a better place than I giate competition in the Minnesota sought to try to change this system of found it, came from him.’’ That was Intercollegiate Athletic Conference. reimbursement and, in particular, try Dave Durenberger. And, some still remember the national In this way, and in so many others, to encourage the availability of good recognition he gained through his ace George Durenberger made a very pro- quality—I want to emphasize that, athletic program to condition the 87th found and lasting contribution to the good quality—managed care or health Airborne Detachment for World War II. world. All he withheld from the world maintenance organizations. Perhaps, these accomplishments fig- They set up a plan for reimbursing was indifference. ured into St. John’s decision to name Mr. President, I offer George Duren- these organizations known as the aver- the college’s athletic field complex, the berger’s wife, Isabelle; his daughters, age adjusted per capita cost, or ‘‘George Durenberger Field.’’ But, I be- Constance and Mary; his sons, George AAPCC. Now, I am the first to admit lieve that what contributed most to his Mark and Thomas; his nine grand- that discussion of this topic is pretty Herculean stature can be best ex- children and two great grandchildren; much a sleep-inducing, eye-glazing pressed in George Durenberger’s own and most especially I offer his eldest issue, but certainly for folks in rural words: son, my dear friend, David Duren- Wyoming, rural Oregon and across this A coach should be judged not only on his berger, my most heartfelt sympathy. country, the low-cost areas, it has ability to produce winning teams, but also Thank you very much, Mr. President. great implications, but also it has on whether or not he has made a positive I yield back the remaining part of my great implications for the system as a contribution to the moral, mental, social time and suggest the absence of a whole. and emotional growth of his students. quorum. I believe that the Federal Govern- George Durenberger was the epitome The PRESIDING OFFICER. The ment has botched the job of handling of a teacher. He knew and loved people. clerk will call the roll. this reimbursement system, and it is He saw the good in them—even when The bill clerk proceeded to call the time to make some fundamental they could not see it in themselves. roll. changes. Under this reimbursement ‘‘The young men who came to St. Mr. WYDEN. Mr. President, I ask system, Medicare pays health mainte- John’s in the early forties from the unanimous consent that the order for nance organizations 95 percent of the small towns of Minnesota and North the quorum call be rescinded. estimated cost of treating a patient Dakota were very much in need of a The PRESIDING OFFICER. Without under fee-for-service plans in a particu- role model,’’ recalls former Minnesota objection, it is so ordered. lar county. What this very often means April 9, 1997 CONGRESSIONAL RECORD — SENATE S2867 is that in an area where there has not for various parts of the country to do cause in those high-cost areas we have been an effort to inject competition, business as usual, even though the exactly the places where it is most im- where there has not been an effort to General Accounting Office and other portant to get competition. drive out waste, you have wasteful, in- bodies are saying that business as Yesterday, I brought to the floor—I efficient fee-for-service health care usual will be bad news for both seniors am going to blow it up in the days being offered, and it is being used, es- and for taxpayers. Several practical ahead so that it’s possible for the Sen- sentially, as a path to guide reimburse- suggestions are at hand, Mr. President, ate to see it in more detail—an exam- ment for the HMO’s, the health main- and suggestions that I believe ought to ple of what it is like for an older person tenance organizations. be adopted on a bipartisan basis. I in Los Angeles to try to navigate I brought a couple of charts to the think for the long term, it is time to through the various health choices floor today. The first is one that shows separate out, to literally cut off the available to her. In fact, it takes one that many, many of our counties link between HMO’s, the managed care, full wall, in a picture that the General across this country that have tried to and fee-for-service, because I think Accounting Office took, just to put the hold down costs are reimbursed for what we are having today is a situation various pieces of information that that health maintenance organizations, or that literally creates incentives for senior would have to wade through. So the competitive part of the Medicare wasteful health care. I want to see us now have the Federal system, in a way that is below the na- Second, it seems to me there ought Government look to what the private tional average. Certainly, Mr. Presi- to be a new minimum payment floor sector is doing to empower seniors and dent, you and others like myself who that brings up all the counties that their families to get understandable, represent rural areas see how critical have been low cost, and especially clear information about Medicare so this issue is because our providers have those in rural areas, and certainly the that they can make appropriate difficulty providing the defined bene- President of the Senate, just as I see in choices. This involves details on the fits under Medicare, let alone some of rural Oregon, understands the impor- way different Medicare choices and the extras such as reduced drugs, eye- tance of that. plans work, data on the experience of glasses and hearing aids that are avail- Third, it seems to me that the Sen- seniors with similar health and income able in many of the high-cost areas. ate, on a bipartisan basis, ought to backgrounds, the methods and the de- For example, as my next chart illus- begin a gradual effort to move to a na- cision steps used by plans to pay par- trates, in 1997, one of the very high- tional reimbursement level, a blended ticipating practitioners and health cost reimbursement areas was in Flor- kind of level, and do it gradually so care facilities and providers. And, Mr. ida, in Dade City, FL, with $748 a that areas that have been more ineffi- President, certainly, Members of this month received there, whereas in Ar- cient are not going to face all of the body should understand that this is do- thur, NE, they receive $221 per month. changes overnight, but are going to un- able because this is largely the kind of So the question, essentially, is to our derstand very clearly that with an ef- information that is available to Mem- colleagues, again, on a bipartisan basis, fort to move to a blended or national bers of the Senate and other Federal our colleagues from Nebraska, Senator reimbursement rate, Congress is not employees who participate in the Fed- eral employee health plan. KERREY and Senator HAGEL: Is it true going to tolerate what we have today, So in ensuring that seniors can re- that a typical 72-year-old Nebraskan is which is a system that rewards waste. ceive a full list of plans available to that much healthier than a typical Finally, Mr. President, it seems to them, enrollment fairs are an approach New Yorker of the same age? Well, me that the Federal Government that has been looked at in the past, Medicare thinks so. That is how the should be trying to promote competi- and there may be other ways to do Federal Government does business. The tion, serious competition, as the pri- that, such as publishing appropriate Federal Government conducts its af- vate sector does, in areas of high-cost performance data on plans. These kinds fairs that way. I think it is wrong. It is managed care or significant penetra- of steps are approaches that the Fed- tion of health maintenance organiza- that way not just for folks in Nebraska eral Government has pursued and have tions. There is no question in my mind but many other parts of the country related to Senators and members of the that some HMO’s are overpaid. We do like ours that, again, we share on a bi- Federal service. It seems to me that need to produce competition in those partisan basis, and as a result our sen- there is no reason to further delay areas. I believe that that can be care- iors get a much thinner Medicare bene- making this kind of information avail- fully targeted. That, in my view, is the fit package than they would if they able to those who depend on Medicare. guts of reimbursement reform, Mr. were in an area that was much more Older people ought to be in a position President. costly. to enroll and disenroll from a plan at I would like to conclude my remarks For example, in my home community any time. of Portland, OR, we have the highest today by saying that going to the next Certainly, this kind of approach will concentration of HMO’s in the country, level of Medicare reform after we take encourage competition. Perhaps at the highest level of penetration of care of the reimbursement issue is a some point there ought to be incen- HMO’s in the United States, just about logical step because it flows from what tives to try to keep people in plans 60 percent, and we are reimbursed at a needs to be done with the reimburse- that are cost effective, and I think that level significantly below the national ment formula. By getting good data the Federal Government can look to average of $467. We get reimbursed at a and more logical data about the var- this kind of approach. But, certainly, $387-per-month level. What happens is a ious counties, the Health Care Financ- significant rights of older people to en- senior who lives in Dade City, FL, or in ing Administration will be in a posi- roll and disenroll in plans is critical. southern California or parts of New tion to make information available to So these kinds of rights, like appeal York State calls seniors I represent in older people and their families across rights when you have been denied bene- Oregon and asks them how Medicare is this country about how to make better fits, a good grievance procedure—in ef- going, and seniors in the high-cost choices with respect to their health fect, a patients’ bill of rights—is what areas say, ‘‘It’s going great because we care. Today, what we have is a situa- is fundamental to making sure that can get prescription drugs, eye glasses tion where many older people get no older people are in a position to get the and hearing aids all at essentially lit- choices at all. We see that in many kind of information they need in order tle or no cost,’’ and seniors in Oregon rural parts of our country because of to make choices about their health get none of those things, and, in fact, the reimbursement formula. The reim- care and, at the same time, inject com- many of their providers in rural parts bursement formula is so low that many petition into this system. of our State have difficulty providing plans won’t come in, so seniors in those We have made many of these deci- basic services. areas get few choices. In the high-cost sions already as it relates to Federal So the question then becomes, what areas, the Federal Government has put employees and Senators. We have made are some of the fundamental ways in out a mishmash of information which them as it relates to the private sector which to change this system which so makes it impossible to choose between and, in fact, we have even made them often rewards waste, penalizes the fru- the various services that are available in areas that have parallels to this pro- gal and, in effect, creates an incentive to them, and that is absolutely key be- gram—for example, in the Medigap S2868 CONGRESSIONAL RECORD — SENATE April 9, 1997 Program. I and others were involved in likely effects those reforms will have This is one of the reasons why fee- this to try to make sure that seniors on these beneficiaries, many of whom for-service Medicare is growing at a who purchased supplemental coverage are frail, infirm, and low-income. much more rapid rate than the rest of would be in a position to make sure As I’ve said every day on the floor of the program—and it’s one of the rea- they could get full value and have a the Senate this week, I’m going to be sons we find ourselves in such a deep fi- place to turn to for their questions. We talking today about the choices and ac- nancial hole. can take a lesson from the Medigap cess those beneficiaries ought to have, It is also clear that the rapid growth Program, and the Federal Government but who in too many parts of the coun- of fee-for-service Medicare seems en- ought to make available trouble- try have no choices and poor access to demic to certain large metropolitan re- shooters to answer questions from health care. gions of the county. older people as we move to competi- I’m also going to be talking about As my colleagues may be able to see, tion. the window of opportunity we have in the areas in blue and white represent So, Mr. President, let me conclude by this Congress to enact significant portions of the country where the saying that I think every Member of changes in the program to cure the AAPCC rate is below the national aver- this body understands that business as half-trillion-dollar shortfall we can ex- age. usual with respect to Medicare is unac- pect in this program by the end of the The areas in red and orange rep- ceptable. I will tell you, if you don’t coming decade, and to bring new resents areas where the payments are like the program, if you really dislike choices, new access and new effi- above the average. Medicare, keep it the way it is, because ciencies necessary to save Medicare for And just for the record, the variation the way it is is going to be a path that not just the next 5 years, but into 2010, is huge. The 1997 high-reimbursement will cause, in my view, great calamity 2020, and 2030. county is Richmond County, up in New for families and seniors. If you believe As I said yesterday, Medicare is a York, at $767 per month, per bene- Medicare is a program that has made 1965-model tin-Lizzy health care pro- ficiary, while the lowest paid county an enormous difference in the lives of gram showing little resemblance to the was over here in Arthur County, Ne- older people, I think that is the best rest of American health care. Various braska, at $221 per month. argument for a bipartisan Medicare re- out-dated, out-moded and bureaucratic Now, I’d ask my colleagues BOB form effort, a bipartisan Medicare re- features of Medicare practically en- KERREY and CHUCK HAGEL whether form effort that would ensure that sen- courage practitioners in the greater they think a typical 72-year-old Ne- iors got guaranteed, secure benefits, part of the Medicare system to drive up braskan is that much healthier than a not some check or some sort of voucher unnecessary care and resulting over- typical New Yorker of the same age? that just said, well, maybe this will be billing—actions which over-charge the Medicare seems to think so, and I enough for your care and maybe it Government on costs, but short-change think they’re wrong. won’t. beneficiaries on good health care. And unfortunately for folks in Ne- Seniors deserve guaranteed, secure Beginning in the last decade, the braska and other low pay States—my benefits. Many of my colleagues on the Government’s partial solution to this home State of Oregon is certainly one other side of the aisle have been abso- was to institute coordinated care in of them—the difference is that they get lutely right in saying that much of Medicare. We encouraged health insur- a much thinner Medicare benefit pack- Medicare across this country is an out- ers to begin offering plans that man- age in coordinated care plans, if they dated tin lizzy kind of program, a pro- aged service Medicare beneficiaries re- have access to such plans at all because gram that the private sector consigned ceived, and we offered encouragement their monthly reimbursement rate is to the attic years ago. So let us try to to beneficiaries to participate in the so abysmally low. bring the parties together around the form of lower out-of-pocket costs and, Let’s talk about some examples of proposition that there ought to be de- we anticipated, a broader package of how this hurts beneficiaries in cost-ef- fined, secure, guaranteed benefits, goods and services. ficient counties where the reimburse- around the proposition that it is time And we would determine how each ment rate is particularly screwy. to bring the revolution in the private plan, in each city, would be paid for In Mankato, MN, where the average sector to Medicare, and do it in a way each beneficiary in the plan according payment is $300 per month, bene- that protects patients’ rights—no gag to an arcane formula called the aver- ficiaries in coordinated plans get their clauses or limitations on what older age adjusted per capita cost—or the basic managed care coverage under people can know about plans, grievance AAPCC. Medicare rules—but nothing else. No procedures, appeal rights. Those are Now, before your eyes glaze over, let discounts on prescription drug pur- the kinds of issues I think that both me give you a very simplistic idea of chases, no additional preventative parties can agree on. how the local AAPCC payment rate is care, no hearing aid discounts, no cov- I intend to come to the floor day erage for eyeglasses. after day to bring the issues of Medi- determined, and how this formulation In Portland, OR, my home town, the care reform to the attention of the really penalizes beneficiaries living in rate is a little better at $387 per month, Senate and to the attention of the pub- places where medical costs are rel- but that’s still well below the $467 na- lic, because I believe this is going to be atively low. tional average. That means the best the issue that is going to dominate the The AAPCC is any given county is additional benefit received by these debate about our priorities, particu- formulated on the cost of providing folks, who have the highest managed larly our domestic priorities, for the medicine, per beneficiary, in the most next 15 to 20 years. costly portion of Medicare—the tradi- care penetration rate in the country at I believe that every Member of this tional sector known as fee-for-service. about 60 percent, is a 30 percent dis- body in the next century is going to be This is the portion of the program count on prescriptions up to a $50 max- asked: What did you do in 1997 to get where beneficiary can elect to see just imum. Medicare on track? about any doctor they want, whenever Now, let’s go up to the high end of I believe there are opportunities now, they want, and the individual care pro- this wacky AAPCC payment system. In as we move to the budget, as we move viders in those situations can be reim- Miami, FL, where the payment rate is to efforts to have a bipartisan balanced bursed for just about any services they all the way up to $748 per month, sen- budget, to start the changes that will deem necessary for that beneficiary. iors in these programs get unlimited put Medicare on track for older people No questions asked. No oversight. prescription drug reimbursements, a and taxpayers. This may sound like a pretty good $700 credit for hearing aids, and dental Senator WYDEN. Mr. President, to deal for the beneficiaries. But it coverage—all add-ons that are vir- reiterate, the heart of the Medicare doesn’t always mean they get the care tually unheard of in most of the rest of Program is the 38 million beneficiaries they need or require. For example, the country. now dependent on this health care sys- there’s nothing to stop an individual Mr. President, I wish I could say that tem as an essential social lifeline. provider in fee-for-service for ordering this is the kind of cost-accounting Any changes we make to Medicare up 10 or 12 tests for a beneficiary, when that’s going to add stability and integ- must, first and foremost, consider the only 3 or 4 really are required. rity to the Medicare Program into the April 9, 1997 CONGRESSIONAL RECORD — SENATE S2869 next century. Unfortunately, all this will offer many of them many more Health Benefits Program [FEHBP], for payment formula accomplishes is: choices and options for care. example, includes a graded system of First, huge overpayments in some Therefore, it is critical that we reports on the quality of key services counties, with resulting extravagant change the program in way that will in federal employee health plans. There profits to insurance companies, and empower seniors to make the appro- is no reason why Medicare bene- second, payments to other counties priate choices. ficiaries, who must make these deci- which are obviously too low, and which At the bottom, this means developing sions on their own without benefit of result in either no coordinated care of- and executing a much better system of employers or corporate benefit man- ferings to beneficiaries in those com- informing beneficiaries about their agers, shouldn’t have at least the kind munities or bare-bones plans that for rights in managed care, and about the of qualitative analysis available to millions of beneficiaries to incur high- most important provisions of the members of Congress who are covered er out-of-pocket costs purely as a mat- health plans available to them. This in- by FEHBP plans. ter of geographic accident. formation must be given to seniors as Mr. President, I am heartened by the I believe we can transform Medicare ‘‘news they can use’’—data that is in announcement earlier this year by from an aging dinosaur insurance pro- clear and accurate layman’s language, HCFA Administrator Bruce Vladeck gram into a comprehensive seniors and which conforms to standardized re- that the program would begin offering health care system while maintaining porting practices so that consumers beneficiaries some qualitative informa- tion on managed care plans through our historic commitment to a basic can compare one plan against another the Internet. I think that’s great for package of benefits for every bene- in a traditional kitchen-table-assess- seniors that use the Internet in their ficiary, no matter their health or in- ment. homes or have access to that tech- come status. Indeed, these tools if we had them nology somewhere else. But that transformation necessarily would be useful, today, with 80,000 I think it’s clear, however, that we will involve providing seniors with beneficiaries per month choosing to need to step up efforts going beyond many more choices with regard to leave fee-for-service Medicare for Medi- the limited information that eventu- their health plan selection. care managed care organizations. ally would be made available at a The current formula used for paying According to Stanley Jones, chair- HCFA website. Medicare in rural counties and in other man of the National Institute of Medi- Here’s the bare minimum of informa- places where communities have worked cine’s committee on choice and man- tion that seniors need in a revamped hard to reduce general health care aged care: Medicare program which empowers costs is precisely antagonistic to that Many elderly are making these new them to make appropriate choices: purpose. choices without enough information to judge Details on the way different Medicare This system denies folks choice be- which option is best for them, what the plan choices and plans work. cause it necessarily results in poor they choose will actually cover, or how the Data on the experience of seniors of quality health plans, high out-of-pock- plan will operate. similar health and income background ets expenses, or no managed care Jones said that many seniors mis- in those plans. choices—or a combination of all understand the basic structure of HMO The methods and the decision steps three—for vast numbers of bene- payment and care practices. He criti- used by plans to pay participating ficiaries. cized Medicare managers for providing practitioners and health care facilities And again, an accident of geography information to beneficiaries about dif- and service providers. seems to be the deciding factor in the ferences in available health plans that And here are the steps we need to current state of affairs. ‘‘appears primitive’’ compared with take to insure seniors receive that in- I believe Medicare reform has to in- what’s available from private pur- formation and the other tools they clude remedies for these problems. chasers. need to prevail in an increasingly more This is not just a matter of increas- Mr. President, last year I asked the complex and choice-intensive Medicare ing the benefit package for folks in low General Accounting Office to look into marketplace: First, Medicare managers must en- pay counties. More fundamentally, this this problem, and the GAO auditors sure that every senior, in every county, is an issue of providing more choices, came to similar conclusions: receive a full list of plans available to to encouraging the entry of more Though Medicare is the nation’s largest plans, into large areas of this country him, with a detailed description of purchaser of managed care services, it lags what each plan offers. These submis- where the current AAPCC formula cre- other large purchasers in helping bene- ates reimbursement rates which are so ficiaries choose among plans. The Health sions must be written in a way that al- lows a consumer to make easy com- low—which are so nonsensical—as to Care Financing Administration (HCFA) has responsibility for protecting beneficiaries’ parisons between plans. completely discourage anything but HCFA should require annual ‘‘enroll- fee-for-service Medicare in those com- rights and obtaining and disseminating in- formation from Medicare HMOs to bene- ment fairs,’’ giving seniors a chance to munities. ficiaries. HCFA has not yet, however, pro- review all plan materials at least once I believe reimbursement reform in- vided information to beneficiaries on indi- a year in order to determine if alter- clude several important features: vidual HMOs. It has announced several ef- native Medicare offerings might be A new minimum payment floor that forts to develop HMO health care quality in- more suitable to the individual en- brings all counties up to 80 percent of dicators. HCFA has, however, the capability rollee. the national average, immediately. to provide Medicare beneficiaries useful, Second, Medicare must collect, A new annualized reimbursement in- comparative information now, using the ad- ministrative data it already collects. evaluate and publish appropriate per- crease formula that shifts adjustments formance data on every plan. Using away from localized fee-for-service The kind of data HCFA collects, now, independent quality review organiza- medicine costs, and toward actual cost of use to beneficiaries includes per- tions like the National Council of Qual- increases in coordinated care. formance indicators such as: First, an- ity Assessment, Medicare must devise A systematic imposition of financial nual disenrollment rates, second, can- and publish qualitative analysis— controls reimbursement growth in cellation rates, third, so-called rapid consumer report cards—on each Medi- high-reimbursement counties in order disenrollment rates—the percentage of care plan, further enabling seniors to to squeeze out what have to be monu- enrollees who disenroll within 12 make appropriate choices among offer- mental over-payments to plans in months of signing up, fourth, rate of ings. those communities, and huge losses to return to fee-for-service Medicare from Third, consumers must be allowed to the Medicare Program. the plan, and fifth, disenrollments tied enroll and disenroll from plans at any Mr. President, reforming Medicare specifically to sales agent abuses in- time during their first 12 months in a isn’t just about reforming payment volving, among other things, market- plan. After the first year of enrollment, systems, however. ers who mislead enrollees about what a disenrollment with guaranteed enroll- It’s also about helping beneficiaries plan may cover. ment in a new plan would be limited to to become smarter shoppers in a new I think we can go beyond these qual- a first opportunity after six months in Medicare environment that we hope ity indicators. The Federal Employees the second year. S2870 CONGRESSIONAL RECORD — SENATE April 9, 1997 We would make it somewhat tougher The PRESIDING OFFICER. The Sen- covered every country in Europe and to disenroll after the first year because ator from North Carolina [Mr. gone to the West Bank. Nobody knows we would expect plans to make invest- FAIRCLOTH], is recognized. what they are searching for—maybe for ments of preventative health services Mr. FAIRCLOTH. Mr. President, I the real killer, or maybe just enjoying for new enrollees in the initial few ask unanimous consent to be recog- travel at taxpayers’ expense. While months of their enrollment. nized for 10 minutes in morning busi- they have the killer, they are always Fourth, health plan enrollees need a ness. looking for another one. The taxpayers patient bill of rights that by Federal The PRESIDING OFFICER. Without have paid for a TV and VCR for Mr. statute protects certain baseline issues objection, it is so ordered. McVeigh so he can review the evidence. fundamental to their good health. At f Mr. President, to add insult to injury the top of this list would be a Federal and outrage to outrage, they moved PITIFUL STATE OF OUR LEGAL statute absolutely protecting the free the trial. So now we, the working peo- SYSTEM and unfettered communication be- ple of this country, are paying $50,000 a tween patient and doctor on that en- Mr. FAIRCLOTH. Mr. President, I week—$50,000 a week—for the living ex- rollee’s health condition and any ap- take the floor today to discuss an issue penses of his lawyers. When you start propriate services and procedures nec- that is serious and becoming more seri- talking about the working people, essary to treat the patient. ous every year, and that is the pitiful $50,000 every week for the living ex- Fifth, give Medicare beneficiaries a state of our legal system. It is becom- penses of his lawyers—they spent $0.5 certain and sure grievance and appeals ing harder and harder and harder to million to remodel the courtroom in process, and the information they need convict anybody of anything. You can Denver for his trial. They couldn’t try to use it. Medicare must streamline the catch them on tape, film them commit- him at home. They had to move it to current process, allowing beneficiaries ting the crime, and then you will prob- Denver and we spent $0.5 million get- to by-pass certain bureaucratic road- ably lose it; they will be found not ting the courtroom ready for him. blocks in the present system—most es- guilty. No amount of evidence seems to The victims of his crime have had to pecially those that force time-delaying be sufficient anymore. I think we have travel hundreds of miles from Okla- procedural exercises when the out- reached this sorry and pitiful state be- homa to Denver in hopes that they see comes already are known. On an initial cause we have basically let the system that he gets justice. They are paying enrollment, and at any time a bene- be controlled by lawyers. When you for the defense of the man that killed ficiary changes plans, an explanation control the legal system by lawyers, their children. They are also having to of new or amended appeals procedures you are simply asking a thermostat to pay for their own room, board and must be part of the enrollment exer- set itself. Defense lawyers are twisting lodging in Denver. Plus they are pay- cise. and bending common sense to let the ing $50,000 for his lawyers’ lodging and And as with Medigap insurance, guilty go free, and they are aided by board in Denver. There is no end to it. HCFA should hire and train ombuds- judges—in many cases, hand-picked by How many times do the victims of men and trouble-shooters tell help the trial lawyers. The lawyers pick the this crime, or any crime, have to be beneficiaries both understand provi- judges. made victims again by the very judi- sions in plans, generally, and appeals At every turn, you have lawyers con- cial system that they are paying for? and grievance procedures specifically. trolling a system that makes no com- We will be paying for McVeigh’s trial Sixth, every Medicare risk provider mon sense, except to serve one purpose, long from now in the form of interest should offer at least one plan in his which is for their benefit. on the debt and the money we borrow portfolio that includes a point-of-serv- The most recent example I can think to give him $50 million for his lawyers. ice provision, so that those seniors who of is the glaring stupidity involving the It would be my thought that if would try plans if they could keep Oklahoma bombing case. First, it has McVeigh didn’t have the money for his going to a particular practitioner taken 2 years to bring it to court when gold-plated defense, he should not have would be allowed to do so. the man was caught the day after he Mr. President, I have spent quite a blown up the building in the first place. did it. Now, many taxpayers are ap- Mr. President, I suggest that there number of years talking with seniors palled by the very fact that they are are a number of things we could do, about their health care. Before I was paying for McVeigh’s defense—they are and we need to start fixing a system elected to the House of Representatives paying for it. They think that is rep- in 1980, I was cochairman of the Oregon that is broke. And it is broken bad. We rehensible. But they don’t realize how Gray Panthers. I know that seniors are need to change the law that allows deeply suspicious of any changes to much they are paying. If they did, they criminals to get the best defense that Medicare, in particular, and many of would rise up and revolt. It is not just taxpayers can pay for. That is exactly them view the current debate over the the defense of McVeigh; it is gold-plat- what they are getting. I am going to shape and direction of the program ed from one end to the other. He has propose legislation putting a cap on with a good deal of alarm. 14—14—expensive lawyers defending the Federal Defender Program. But many more who I’ve talked to him that the working people of this I would like to cap what McVeigh is recognize the need for changes and, in- country are paying for—14 of them. His getting right now. But that will be ap- deed, want to see this debate begin. chief lawyer, Mr. Jones, says that it pealed for years and years. As long as And on the basis of those conversa- will cost $50 million to defend him. we pay the lawyers, they will keep ap- tions I am convinced that seniors will That is his estimate. Now, anybody pealing for Mr. McVeigh. So he will be feel a lot better about anything we do that has ever had a lawyer knows they out there far into the future with the if we give them more decision-making never come in with a low estimate. people’s money. The $50 million figure power to fashion the health care they They are estimating $50 million to de- will run into $75 million before we get receive through the program. fend him. This is absolutely offensive through hearing about him. We need a Fundamental to that is making sure to every taxpayer in this country, and comprehensive overhaul of the legal they have the information and tools to it should be. But this is a typical exam- system, and it needs to be done by non- make the right decision, at the front ple of a legal system that is out of con- lawyers. We need to overhaul the legal end, and to protect themselves in the trol. system and not let a single lawyer be case of disputed decisions while they Now, to defend Mr. McVeigh because involved in the overhaul. We need a na- are enrolled in plans. These changes he blew up the building in Oklahoma tional commission composed of non- would go a long way toward providing City, his lawyers have traveled lit- lawyers to review the judicial system seniors with that kind of erally all over the world. They have and provide some commonsense solu- empowerment, and in the long run been from Kansas, where he rented the tions to the problem, and it needs to be strengthening and improving Medicare truck, to Jericho. I don’t know why he made up of homemakers, regular peo- as a critical government program. would have been there. They have been ple, business people, truck drivers, and Mr. President, I yield the floor. to the Philippines. These lawyers are people who would bring some practical- Mr. FAIRCLOTH addressed the traveling at taxpayers’ expense. They ity to it and not lawyers who would Chair. have been all over Italy. They have continue to feather their own nest. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2871 I think we need a victim’s rights on with another anywhere from 17 to 24 in our State. Thousands of cattle are amendment to our Constitution. Over inches in the eastern part of our State. dead. the last 40 years liberal judges have As the paper of my hometown re- I was told yesterday of a ranching turned our Constitution into the ported, ‘‘A Doozy of a Record’’—record family that brought 10 of their calves ‘‘Criminal Protection Act.’’ The pur- snowfall they are talking about. It is into their home to try to give them pose of the last 40 years is to make maybe hard to see on the chart here. protection, and allow them to live. All sure that every criminal is coddled, But what they are showing is a major 10 of them died. The cattle were dying pampered, and looked after in a very shopping center. These are cars, or I because the wind was so ferocious that proper manner. It is time for it to stop, guess more accurately they are the it blew the snow up into their nostrils and the Constitution has to protect tops of cars. That is how deep the snow and they suffocated. They can’t get to victims as well. was in my hometown. many cattle to feed them because of Mr. President, I know that many That is not the only place that has the snowdrifts that are everywhere. Senators share what I am talking been hit. It is across the State of North Mr. President, I thought I would about and are frustrated by what we Dakota. This is from the largest city in share with my colleagues just some of see. I think we need to start on legal our State, Fargo, ND. The headline the individual stories that tell the reform, and I think we do need to do it there is ‘‘The Worst of Two Seasons.’’ depths of this tragedy. soon. They are talking about the blizzard on A young man froze to death in his The first thing that will be said is, top of the flood. pickup when it became stranded only 1 ‘‘If you start it, the President will veto Mr. President, this is a truly stagger- mile from the small town of Lankin, it.’’ Well, let him veto it. I think the ing set of circumstances that the peo- ND. American people need to know where ple of my State are having to cope One family that is stranded in its the President stands. So if he wants to with. Just this morning I was called by farmhouse due to overland flooding is veto it, let him do it. If the President the head of the Corps of Engineers for burning its fence posts to keep warm. says that the regular people of this our district, who informed me that al- The water around their house was iced country—or if he chooses sides with though all of the predictions were dire, over, so neither emergency vehicles nor Ivy League lawyers that never got a they have now become even worse. boats were able to rescue them. An- murder case that they couldn’t appeal, As of this morning the National other family was forced to snag logs it is time to bring the practicality and Weather Service is telling us that the that drifted by in flood waters to heat the common sense of the American forecasted crest, instead of being 371⁄2 their home. people into the legal system and take feet in the city of Fargo, our major The Turtle Mountain band of Chip- it out of the hands of the lawyers. The town in North Dakota, it has now been pewas has snowdrifts of up to 15 feet. very idea of $50 million to defend raised to 39 to 391⁄2. Already we are Can you imagine a snowdrift of 15 feet McVeigh—$50 million, 14 lawyers. Any- faced with the worst flood in 150 years. that is blocking transportation? In body who would tell me that that isn’t We were told this morning that this is fact, emergency crews needed 4 hours an absolutely out-of-control system the 500-year flood level. Of course, the to get to a man who had a heart at- simply has lost all common sense dikes were built to accommodate the tack. themselves. earlier projections at 371⁄2 feet. So the A man from Wilton, ND, went on the It is time we put an end to it. I in- dikes were built to 391⁄2 feet. Now we radio in search of hip-length waders so tend to introduce legislation that will are told the forecasted crest is 39 to that he could wade out to rescue 120 do so. 391⁄2 feet. sheep that are caught up in the flood Mr. President, I thank you. I yield Mr. President, this could be a calami- waters. the floor. tous situation. They are telling us that An elderly couple was trapped inside The PRESIDING OFFICER (Mr. AL- the crest will be reached late tomorrow their home due to a 6-inch layer of ice LARD). The Senator from North Da- or perhaps early Friday. that had formed over their doors and kota. I have talked to the Corps of Engi- windows; trapped in their own home Mr. CONRAD. Mr. President, I would neers. They are working feverishly to because ice had formed around the like to start by using my own 5 min- add to the dikes that have already been doors and windows and they could not utes and at the end of that time go into constructed not only in Fargo but get out. An emergency rescue team was leader time. If the Presiding Officer right up the Red River Valley—in Har- sent in to rescue them. will indicate to me when I have wood and Grand Forks, ND—to try in a The PRESIDING OFFICER. The Sen- consumed the 5 minutes, I will be race against the clock to build these ator’s 5 minutes are up. grateful for that. dikes high enough to protect the people Mr. CONRAD. I thank the Chair for The PRESIDING OFFICER. The and the property that is around this informing me. If we could now go on Chair will notify the Senator. river. with leader time, I would appreciate Mr. CONRAD. I thank the Chair. Mr. President, this is the most heav- that. f ily populated part of my State. The The PRESIDING OFFICER. The Sen- disaster that is unfolding is truly stag- ator has 10 minutes. THE DISASTER IN NORTH DAKOTA gering in proportion. Mr. CONRAD. Mr. President, a fam- Mr. CONRAD. Mr. President, I rise Early Saturday 80,000 people were ily in northeastern North Dakota—two again today to report to my colleagues without power, with wind chills of 40 parents and their 7-year-old—has been on the developing disaster in the State below zero. Can you imagine being an without power since Saturday with of North Dakota. As I reported to my elderly person in a home being faced snowdrifts trapping them in their colleagues yesterday, we were hit last with the most powerful winter storm in home. They had to sleep huddled in the weekend with the most powerful winter 50 years without heat? That is what is hallway to keep warm. storm in over 50 years. We are a State happening in my State. Although great Seventy-five people have been stuck that is accustomed to tough storms. progress is being made because of a in the basement of the Hebron city hall But, frankly, we have never seen one really heroic effort by people to re- because their cars were pulled off of quite like this. Mr. President, this spond, still today 20,000 people are the major highway going by as that storm came on top of the worst flood- without power and without heat, most road became impassable. Those 75 peo- ing threat in 150 years. So we have a of them since Saturday. ple have been stuck there since Satur- double whammy of a powerful winter Today temperatures outside are hov- day. storm, dumping record amounts of ering near zero in North Dakota, and Officials in Cass County, the most snowfall, in addition to an underlying even more threatening, temperatures populous county of our State, are hav- threat of massive flooding, because be- inside these homes that are without ing difficulty responding to emergency fore this storm hit North Dakota, we heat ranging between 30 and 40 degrees. calls because the water surrounding were faced with a record snowfall in Not only is the human condition being many homes is frozen. So they can’t the State of North Dakota, over 100 put under great stress but also live- get there by wheel vehicles and they inches of snow, before we got dumped stock has been put under grave stress can’t get there by boat. There is no S2872 CONGRESSIONAL RECORD — SENATE April 9, 1997 way to get to people in order to extri- payment penalties. They will be asked citizens in our States are faced with cate them. to pay interest on the money during these very difficult and painful crises. I Mr. President, there has been a tre- the period that they would have paid, do not think crisis is an exaggeration. mendous response, not only by volun- but they are being given until May 30. I am also really pleased with the way teers in our State but also by the agen- If they file and if they pay by that in which SBA, the Small Business Ad- cies attempting to cope with this disas- date, they will not be hit by any late- ministration, has been so responsive. ter. payment penalties. I am told that they Today, I will be requesting $50 mil- I want today to thank the President are applying this same standard to lion in additional energy assistance, for responding so quickly in declaring every State and every county that re- the LIHEAP program, to help families our State a Presidentially declared dis- ceives a Presidentially declared disas- who will soon be returning to their aster. This is our second Presidentially ter in the face of what is happening in homes only to find their heating sys- declared disaster of this year. We are many parts of the country. tems have been damaged. These are in- only in the fourth month of this year. We struggle to find good news in all dividuals with low income, many of We already had a Presidentially de- of this, hopeful news. But I can tell you them elderly, many of them families clared disaster because of the record there is good news and there is hopeful with children, who, because of the se- amounts of snowfall. Now on top of news, and that is the spirit of the peo- vere cold we have had all winter, have that we are anticipating a record flood. ple. In North Dakota, we say we have a already had a very difficult time pay- These are truly difficult times for yes, we can attitude, and that is ex- ing their heating bills. This aid is des- our State. Many homes are still with- actly what we have seen in coping with perately needed. Many waterways in out power. We need generators and fuel these disasters. As one emergency offi- our State are already at record water to heat homes, make certain that es- cial said to me, Senator, I have seen levels. The Minnesota River is threat- sential services are up and operating. blizzards; I have seen floods; I have ening to totally overrun many cities My State needs special heavy equip- seen power outages, but I have never along its border. Record flood condi- ment to clear snow and ice from roads seen all three together at the same tions are being predicted along the Red to allow for emergency access. time. River, which is expected to crest with- This is a snowfall that is unlike any That is what we are coping with in in the next few days. we have seen because it happened with North Dakota. I must say that can-do Along the Red River there are still a freezing rain and then snowfall, and spirit has served us well. Not only do ice and snowpacks which will be melt- so the snowpack that is there is like North Dakotans show that spirit, but I ing in the coming days and weeks, fur- concrete. That is what the people who must say these Federal agencies that ther threatening communities already are out there trying to fight this mess have come to help are also showing under siege in northwestern Minnesota, are telling us. They have never seen a that spirit, and we deeply appreciate it. and flood conditions continue to build snowpack like this. We had rain on top I thank the Chair and yield back the along the Mississippi River as well, of snow, it froze, and it is like concrete remainder of my time. cresting any day now. trying to break through these incred- I yield the floor. I note the absence of Some communities have already been ible snowdrifts. a quorum. hit and are under water and ice. In the I also want to recognize FEMA and The PRESIDING OFFICER. The town of Ada, nearly all the 1,000 resi- the capable administrator there, James clerk will call the roll. dents have been forced to evacuate, in- Lee Witt, who is coming to my State The legislative clerk proceeded to cluding residents of a nursing home tomorrow. FEMA has responded mar- call the roll. who had to be rescued by the National velously to the needs in North Dakota. Mr. WELLSTONE. Mr. President, I Guard. And, thank you, National I also wish to thank the Corps of Engi- ask unanimous consent that the order Guard, for all of your fine work. Many neers that is involved in a really heroic for the quorum call be rescinded. of these people had little or no time to effort. Some of these people have been The PRESIDING OFFICER. Without pack their belongings before fleeing. working around the clock with no sleep objection, it is so ordered. And when they return, little will likely for days attempting to build these Mr. WELLSTONE. I thank the Chair. be salvageable. dikes higher as the flood crest fore- f In Appleton, ice floe broke through casts keep increasing. the levee, and the river now has surged I just want to say on behalf of the DISASTER RELIEF FOR 21.5 feet in one-half hour, forcing a people of my State how much we appre- MINNESOTA massive volunteer effort to halt the ciate the extraordinary response of the Mr. WELLSTONE. Mr. President, the flow of surging water and further pre- Corps of Engineers and of the Federal President has now declared a major vent housing damage. The Pomme de Emergency Management Agency. disaster in my home State, Minnesota, Terre River—let me repeat that—has I would also like to thank the presi- and ordered Federal aid to supplement surged 21.5 feet in just one-half hour. dent of Manitoba Hydro, Bob Brennan. State and local recovery efforts in The record flooding and cold tem- We were alerted by the Governor; they areas hard hit by severe flooding, se- peratures have had a major impact on were having trouble getting people vere winter storms, snow melt, high Minnesota. There have been widespread across our border. We got the Immigra- winds, rain and ice. And this all contin- power outages throughout parts of the tion and Naturalization Service to pro- ues. The declaration will make funds State, and with the flooding and the vide an immediate 2-week waiver on all available for grants, disaster housing cold, emergency repair crews are un- of their requirements at the border. We and low-interest loans to cover unin- able to get to the affected areas. Many talked to Manitoba Hydro and they sured damaged property and other aid farmers are having trouble farming, committed to sending 100 people to our to help residents, businesses and local and it is going to be a very, very dif- State to help rebuild the transmission governments cope with ongoing storm ficult spring planting season. facilities. Now, that is real neighbor- and flood damage. I am very pleased, again, that FEMA liness, and we appreciate very much I am pleased by the swift action Director James Lee Witt has done so that our neighbor to the north has re- taken by the emergency management much and will be coming to Minnesota sponded in this most generous way of division of the Department of Public to see firsthand the devastation. I be- sending 100 people to help us rebuild Safety in Minnesota. Jim Franklin and lieve he will be coming to South Da- the transmission facilities in our his hard-working staff, very hard-work- kota and North Dakota as well. As a State. ing staff are to be commended for their Senator from Minnesota, I express my I would also like to thank the Inter- efforts. I am very pleased with the ac- sympathy to Senators from the Dako- nal Revenue Service. This is something tion taken by the Federal Government tas. Of course, we will all work to- we rarely do. They have indicated that as well. gether. they would practice forbearance on our I think James Lee Witt is one of the I have been touched by the sense of individual income tax payers in the greatest employments ever made by community among many people in State of North Dakota by allowing any President. He has been so respon- Minnesota. Many folks do not care who them to file by May 30 without late sive to all of us in this country when they are working next to as long as April 9, 1997 CONGRESSIONAL RECORD — SENATE S2873 they are working for their commu- Mr. LAUTENBERG. Mr. President, I ments that evidence a company policy to ap- nities. People are working tirelessly, ask unanimous consent that the order peal to ‘‘presmokers’’ and ‘‘learners’’ ages 14 around the clock, to hold back the for the quorum call be rescinded. to 18. A 1993 company study indicated that river. Neighbors are standing shoulder The PRESIDING OFFICER. Without 86% of children age 10 to 17 recognized the objection, it is so ordered. image of Joe Camel, and 95% of those chil- to shoulder, sandbagging. Volunteers dren knew that Joe Camel sold cigarettes. are tirelessly serving sandwiches and f Since Joe Camel was introduced, Camel hot coffee at fire stations. THE FTC CASE AGAINST JOE brand’s youth market share has jumped from When I was in Montevideo last week, CAMEL less than 3 percent to as high as 16 percent. it was just amazing. People who live on For these reasons, we believe it is time for the high ground, they don’t ever have Mr. LAUTENBERG. Mr. President, the FTC to step in to protect our nation’s to worry about the flood; they are out yesterday I introduced the Tobacco children from a product that kills one-third there, I mean really working to the Disclosure and Warning Act. This bill of its users. While tobacco companies have a right to advertise their product to adults, point of exhaustion, sandbagging for will require tobacco companies to dis- close the ingredients, including the the peddling of illegal drugs to children can- others. High school students, I say to not be tolerated. the pages, have volunteered their time, carcinogens, that exist in cigarettes. Cigarettes are the only consumable Sincerely, and they are doing a great job. That is FRANK R. LAUTENBERG, product in America today, the only the good news. The good news is the RICHARD J. DURBIN, goodness of people in Minnesota. The one, whose ingredients are not dis- PAUL WELLSTONE, good news is all the ways in which peo- closed. All kinds of food products list EDWARD M. KENNEDY, ple are working together—I might add, all of the ingredients very specifically. RON WYDEN, TOM HARKIN, to my colleagues, Democrats, Repub- I think it is wrong. The public should PATTY MURRAY. licans, and others. The good news is know what is in the cigarettes. We the voluntarism of young people. The work hard and invest a lot of resources Mr. LAUTENBERG. Mr. President, bad news is that in all too many com- to stop our kids from doing things like the letter simply asks the Chairman of munities, it really looks like a war eating lead-based paint or drinking the FTC to revisit this case, because zone. water with lead. We should not let we believe that R.J. Reynolds is inten- The weeks and months ahead will in- them smoke it. tionally advertising a product to chil- This bill would also require large, clude many more hours of hard work, dren which is illegal to sell to them. In blunt and centrally placed health cleanup, removal of sandbags, restora- 1994, the FTC voted 3 to 2 against warnings on cigarette packs of the tion of buildings, and ensuring that bringing such a case against R.J. Reyn- types used in other countries. I look at water supplies are not contaminated. olds. At that time, the Commission this one, which is done in Canada. Very People need not only the support of cited a lack of evidence. But since clearly, on the black portion here, it their neighbors, they need the support then, dramatic new evidence, new ma- says, ‘‘Smoking can kill you.’’ It is that only the Federal Government can terial has become public. Last year, 67 also printed in French to make sure provide. Members of the House wrote a letter It is interesting. Colleagues, Repub- that people understand the threat to asking the FTC to reopen the inves- licans and Democrats from other their health when they take up smok- tigation. The FTC staff has rec- States, during the years I have been ing. ommended that the Chairman do just I want to particularly focus on the here in the Senate, have come to the that, and he will be making a decision issue, now, of tobacco advertising and floor and spoken about what citizens in over the coming weeks. direct it towards the industry’s use of their States have been confronted with. Mr. President, Joe Camel is a prime Joe Camel. As you know, the Federal I think all of us are sympathetic and example of advertising that ought to be Trade Commission has jurisdiction all of us try to provide the support. stopped. If Joe Camel were real and over the fairness and truthfulness of I thank President Clinton for his smoked as much as he does in his ads, advertising. Today, I am sending a let- very prompt response. I thank my col- he would be a dead camel. He would ter to the Chairman of the FTC, Robert leagues in advance for the support I have bit the dust from emphysema, Pitofsky, encouraging the Commission know they will give. I thank colleagues lung cancer, and heart disease. to bring a case against R.J. Reynolds who have come up to me in the last The R.J. Reynolds company pro- for unfair advertising because of its couple of days and have asked me, how motes the line of cigarettes with a car- portrayal of Joe Camel in its advertis- are people doing? What can we do to toon character that is named ‘‘Joe ing campaign. I am joined by Senators help? I am really proud—it is not a pol- Camel.’’ This character is seen in the DURBIN, KENNEDY, HARKIN, WELLSTONE, itician speaking—I am just really advertisements promoting a ‘‘cool’’ and WYDEN and MURRAY. proud of people in Minnesota. I wish ‘‘smooth’’ image. He is often seen hold- I ask unanimous consent the letter people did not have to go through this. ing a cigarette out to the viewer of the be printed in the RECORD. I am emotional about it. I am really ad. A picture I noticed most recently is There being no objection, the letter he is in a beach chair someplace where emotional about it. I just wish this was was ordered to be printed in the not happening, but it is, and it is so the sand is nice and white and fresh, RECORD, as follows: important that all of us at the Federal and he is sitting there. U.S. SENATE, level try to provide assistance to peo- Why would a tobacco company use a Washington, DC, April 9, 1997. cartoon character to market its prod- ple in communities not just in Min- Hon. ROBERT PITOFSKY, nesota but around the country when Chairman Federal Trade Commission, uct? It does not seem like a cartoon is they are faced with these kinds of dis- Washington, DC. the best way to appeal to adult smok- asters. This really is a disaster. DEAR CHAIRMAN PITOFSKY: We are writing ers. R.J. Reynolds claims it is market- I look forward to getting back home to you today to encourage you to reopen an ing to adults with Joe Camel. It is hard as soon as possible this weekend. I look unfair advertising case against the R.J. to believe. forward to James Lee Witt and others Reynolds Tobacco Company for marketing An article published in the Journal of cigarettes to children. The company’s Joe the American Medical Association re- coming to visit Minnesota, North and Camel campaign is an outrageous attempt to South Dakota, and other States that attract children to their product—a product vealed that 6-year-olds—6-year-olds— are going to need the help. People real- that is illegal for children to purchase. were as familiar with Joe Camel as ly need the help. People really need the Numerous new facts have been uncovered they were with Mickey Mouse. The Dis- help, and we have to make sure we pro- about the tobacco industry’s marketing ef- ney company has spent decades and a vide it. forts since the Commission’s 1994 decision great deal of effort promoting Mickey I yield the floor. Mr. President, I sug- not to bring such a case against R.J. Reyn- Mouse, and if R.J. Reynolds is not mar- gest the absence of a quorum. olds. The most recent development was the keting to kids, then it has pulled off Liggett Group’s admission that the tobacco perhaps the most successful accidental The PRESIDING OFFICER. The industry does in fact target children in its clerk will call the roll. marketing efforts. promotional job in mass media history. The legislative clerk proceeded to In addition, the Food and Drug Adminis- I want to be clear, I do not think that call the roll. tration has collected R.J. Reynolds docu- children are being drawn to Joe Camel S2874 CONGRESSIONAL RECORD — SENATE April 9, 1997 by accident. The truth is that R.J. THE LIFE OF TIM HAGAN Tim Hagan Sunday has left a void in this Reynolds is marketing its deadly prod- Mr. BOND. Mr. President, today in community as immense as the spirit with uct to children. which he moved through this world. my hometown of Mexico, MO, a very Tim excelled as a husband, father and busi- In preparation for its rule designed to dear lifelong friend, Tim Hagan, will be nessman, but somehow that was expected. decrease teenage smoking, the Food buried. Lowell Lambert ‘‘Tim’’ Hagan, Those who had the pleasure of his acquaint- and Drug Administration collected III, owner of Hagan Clothing Co., died ance knew he was incapable of offering any- documents that show that R.J. Reyn- Sunday after a long battle with cancer, thing less than the best. olds targeted what it calls presmokers, and will be sadly missed by his family Through his work and volunteerism Tim identified as children as young as 14. A and all of us who were privileged to be touched many lives and those of us who counted among his friends. knew him will always treasure our favorite 1993 R.J. Reynolds document boasted memories. that 86 percent of children age 10 to 17 Tim was a tremendous businessman and community leader. Born and raised Some may remember the third-generation recognize the image of Joe Camel and clothier’s innate touch of class. 95 percent of them knew Joe Camel in Mexico, MO, Tim developed a life- Some will remember the Mexico native’s sold cigarettes. long reputation as ‘‘doer’’. He success- dedication to civic projects that have im- fully ran the family clothing business, The most telling statistic is that proved our city. and was involved in numerous commu- Some will remember the gregarious Irish- since Joe Camel was introduced, Cam- nity organizations, including the Ro- man and his unflagging enthusiasm for the el’s share of the youth cigarette mar- tary Club, the Mexico Chamber of Com- sports teams of his alma mater, Notre Dame. ket has jumped from 3 percent to as merce, and the Mexico Country Club. Some will remember the dedicated golfer high as 16 percent. Despite this criti- Out of compassion for those less fortu- and his exploits on the greens or his stories cism, R.J. Reynolds recently decided to nate, he was the former president of of the game that time and blarney could al- engage in even more egregious behav- the Audrain County Cerebral Palsy So- ways improve. As for me, I will remember Tim’s friend- ior. It is now targeting kids based not ciety, and for 6 years was chairman of only on age but race as well. ship, his humor, his generosity, his gift for the Missouri National Multiple Sclero- lightening the burdens of others. Mr. President, despite the rising sis Hope Chest Campaign. But all of us can share the memory of rates of teenage smoking overall, Afri- Because of his understanding of the Tim’s determination. He had battled cancer can-American children have bucked daily challenges small business owners since 1990. The faith, conviction and love for the trend. How has the tobacco indus- face, Tim was chosen to be part of the family he demonstrated during that fight try responded? It seems that R.J. Missouri delegation for the White should serve as an inspiration. Even on the Reynolds has decided that since its House Conference on Small Business in most trying of days, his attitude remained 1995. That conference was one of the positive, his smile present. current marketing tactics are not His courage to the end provided the best working, it ought to target specific most successful in history, in that some of the ideas generated by Tim and testimony to the man, his spirit and the life groups of children, particularly Afri- he spent among us. can-American children. Not only have others to create small business jobs He died as he lived—a feisty Irishman. they targeted those children, but it is and opportunities have been acted on Goodbye, my friend. I will miss you. promoting a line of camels even more by Congress and many others are now f deadly than its standard cigarettes. being discussed. Tim also felt that the education of RETIREMENT OF DR. JOHN B. Recently, R.J. Reynolds introduced a our children and youth was particu- BEGLEY product called Camel Menthols. larly important to securing a good fu- Mr. FORD. Mr. President, I come to Menthols are a particularly dangerous ture, and was instrumental in bringing the Senate floor today to pay tribute type of cigarette. The menthol cools the Technical College to Mexico. That to a man who simply could not have the smoke so that it can be ingested contribution will benefit the youth of worked any harder on behalf of the deeper into the lungs. Unfortunately, Audrain County for years to come. His Kentucky college he has represented menthols are very popular in the Afri- presence and spirit in the community for the past 20 years. can-American adult community. Crit- will also continue to be felt for many A native of Harrodsburg, KY, Dr. ics are now charging that this line of years in that his own son, John, will John Begley returned to Kentucky in Camel Menthols is designed specifi- continue to run the fourth generation 1977 as head of Lindsey Wilson College cally to appeal to African-American family business. in Columbia. It’s hard to believe that teens. In fact, it has been shown that Tim shared with his friends a love of the school John leaves today is the R.J. Reynolds has revamped the Joe his Irish ancestry, though his love was same one he came to 20 years ago. Camel image for Camel Menthols ads more frequently and forcefully ex- Back then, Lindsey was just another to make the character more appealing pressed as a lifelong Democrat. Even in struggling junior college. Today, it’s to African-American teenagers. the last days of his illness, he and I en- the fastest growing liberal arts college gaged in many spirited, but good na- I consider R.J. Reynolds’ corporate in Kentucky. Back then, enrollment behavior inappropriate, and I hope that tured political debates. Our culture is quick to glorify the hovered around 222 students. Today, the FTC will take steps to end this ad- 1,372 students look to Lindsey for the vertising aimed at our kids, or any ad- here and now, the ‘‘flash in the pan’’ celebrities, the ‘‘cause’’ of the day. By tools to shape their futures. Back then, vertising aimed at our kids, because no the school operated on a $600,000 a year parent, no guardian in good conscience that measure, Tim Hagan stood apart. While he was known in the community budget and took in no more than could say to a child, ‘‘Listen, here’s $50,000 a year in donations. Today, some lead, here’s some benzene, here’s as a ‘‘feisty Irishman’’ with unfailing energy, he was also a builder. He spent Lindsey has a $14 million budget, pulls some arsenic, here’s some chromium. If in $1.3 million annually in donations you feel like having a little bit of it, his entire life making life better for his family, his employees, his church, and and raised $18 million in a 5-year cap- take it.’’ Your conscience would never ital campaign. permit it, and the law would probably his community. His love for others knew no racial or social boundaries. We But perhaps most remarkable is that incarcerate you for endangering the will miss him terribly. under John’s leadership, the college health of a child. But here we have this I ask unanimous consent that an edi- has in no way sacrificed quality. In- advertising of a product that carries all torial by Joe A. May in yesterday’s stead, they have strived for, and by all of these elements in them. Mexico Ledger be printed in the accounts achieved excellence. I have asked in this bill that was in- RECORD. In addition to 15 baccalaureate ma- troduced yesterday to make sure all 43 There being no objection, the mate- jors, the college instituted a masters in carcinogens that are used in tobacco rial was ordered to be printed in the counseling and human development. products are clearly identified and that RECORD, as follows: Within just 2 years, the accrediting people are conscious of the fact that [From the Mexico Ledger, Apr. 8, 1997] arm of the American Counseling Asso- smoking may taste good, but once they MEMORIES OF A COURAGEOUS MAN ciation ranked the masters program as try it, they live with it for as short a One measure of a man’s life is how much one of the top 12 counseling programs period as their life will be. he’s missed once he is gone. The death of in the Nation. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2875 In an area of the State struggling for As of this past Monday, Minnesota Falls, who does not have flood insur- economic advancement, John made Gov. Arne Carlson had activated more ance and whose living room is flooded sure the college met the unique needs than 1,000 of the state’s 11,000 National under 18 inches of water. He said, ‘‘At of Appalachian families. That meant Guard troops to assist with sandbag- first I sat and cried, but after a few making sure the college was readily ac- ging, emergency evacuation, and other days you realize that we will manage.’’ cessible to area residents looking for flood-related duties. The Guard has Shortly after the mayor of Granite the resources they needed to better been tireless in their desire to help and Falls pleaded for sandbagging volun- their lives. With eight satellite we thank them for that as well. teers, he told a reporter that ‘‘every- branches, south central Kentuckians of The disastrous floods have severely body in town showed up. Just like that. all ages and from all walks of life can disrupted the lives of many, many Min- Amazing. I am stupefied.’’ Now, as I take advantage of the educational and nesotans, whose primary concern now read comments like those and speak job training opportunities at Lindsey. is to ensure that their families and with Minnesotans who live in the flood- In addition to academic excellence communities are safe, with adequate ed areas, I cannot help but think it is and steady financial growth, John al- food and shelter. That being the case, I during critical times such as these that ways looked toward improving the have requested that Commissioner we finally understand the importance quality of student life. One way he did Richardson of the Internal Revenue of community, of neighbor helping that was through athletics. With 14 Service extend the tax filing deadline neighbor. Those are the qualities that athletic teams and a men’s soccer team for those taxpayers living within the make us Minnesotans. that has won back to back NAIA na- disaster area. Considering the many I want to take this opportunity to tional championships—the first Ken- challenges Minnesotans will face in the thank God for the mercy he has grant- tucky college to do so in 45 years—the next few weeks, cleaning up and re- ed and the blessings he has bestowed college has struck an important bal- building their lives and communities, upon our families and communities. It ance between excellence in academics extending the April 15 deadline is cru- and student life. is within His strength that we find our cial. I hope Commissioner Richardson own. Clearly, John’s successes came with will act immediately to grant the ex- the help of hundreds of hard working Mr. President, I heard the remarks of tension. my colleague from Minnesota earlier colleagues, a community receptive to Mr. President, we are used to harsh this afternoon, and I appreciate his the college’s needs, and a student body winters in Minnesota, but even we Min- words and his efforts on behalf of the that took pride in their college’s suc- nesotans have never seen anything like people of our State. cesses. But there can be no doubt that this. Earlier this winter, heavy snows John’s leadership pulled those forces resulted in a Presidential disaster dec- We stand together with our col- together and created something really laration for snow removal in 55 Min- leagues from North and South Dakota, wonderful—something all Kentuckians nesota counties. That rapidly melting who are facing devastation in their can look on with pride. snow has now caused extensive flooding States equal to our own. When disaster Mr. President, I know I am not alone on virtually every river and tributary strikes, we are not Republicans or in wanting to thank John for leaving in the State. This past weekend, the Democrats. We are representatives of the college not only with a firm foun- situation was compounded when Min- the people, and we will do whatever we dation from which to keep building, nesota was hit by a combination ice must to protect our citizens when their but a standard of excellence that will storm and blizzard. Freezing rain and lives, homes, and property are threat- serve generations of students and fac- snow downed countless utility lines in ened. ulty for years to come. northwestern Minnesota, leaving more f f than 50,000 residents without power. THE MINNESOTA FLOODS OF 1997 Some power has been restored, but it is Mr. GRAMS. Mr. President, I just estimated that other areas may be THE VERY BAD DEBT BOXSCORE want to take a few minutes today to without power for another 7 days be- Mr. HELMS. Mr. President, at the discuss the devastating floods that are fore repairs can be completed. The close of business yesterday, Tuesday, paralyzing much of my home State of weekend storm, along with the severe April 8, 1997, the Federal debt stood at Minnesota. Most of the Nation knows snows of this past winter, will make $5,384,125,088,631.94. (Five trillion, three we are experiencing some of the worst flooding this spring some of the worst hundred eighty-four billion, one hun- flooding in our history this week, and in our history. dred twenty-five million, eighty-eight due to the severe snowfall of this past For communities along the Min- thousand, six hundred thirty-one dol- winter, damage is expected to surpass nesota and Mississippi Rivers east and lars and ninety-four cents) south of Montevideo and south of that of the disastrous 1993 floods. One year ago, April 8, 1996, the Fed- Anoka, which includes the Twin Cities Not only are Minnesotans fighting eral debt stood at $5,134,564,000,000. metro area, the worst flooding is on against the rising floodwaters, but (Five trillion, one hundred thirty-four the way and record and near-record they are doing it in the wake of a bliz- billion, five hundred sixty-four million) zard that brought snow, ice, and bit- crests are expected there. The same is Five years ago, April 8, 1992, the Fed- terly cold temperatures to our State true along the north-flowing Red River eral debt stood at $3,893,440,000,000. this weekend, as well. It has truly been along the Minnesota-North Dakota (Three trillion, eight hundred ninety- an ordeal—my heart goes out to those border. In Ada, in the State’s north- three billion, four hundred forty mil- who are working desperately to save western corner, three-quarters of the lion) their homes and land, and my thanks town’s 1,700 residents have been evacu- go to the thousands of Minnesotans ated from their homes. Ten years ago, April 8, 1987, the Fed- who have stepped forward this week to The flooding has been an exhausting eral debt stood at $2,288,725,000,000. help their friends, families, and neigh- nightmare for those who are in it, and (Two trillion, two hundred eighty-eight bors. It is reassuring to know that our agonizing for the rest of the Nation to billion, seven hundred twenty-five mil- communities share a collective heart, watch. Yet, we have been inspired once lion) and can be counted upon to come to- again by the people of Minnesota, who Fifteen years ago, April 8, 1982, the gether during tough times. have rallied together for their commu- Federal debt stood at $1,061,093,000,000 Now that President Clinton has ap- nities as they always do when tragedy (One trillion, sixty-one billion, ninety- proved our request that Minnesota be strikes. three million) which reflects a debt in- declared a disaster area, Federal Young and old are working side by crease of more than $4 trillion money for flood victims is available in side to save their communities, filling ($4,323,032,088,631.94) (Four trillion, 21 Minnesota counties. That will enable and hauling sandbags, feeding those three hundred twenty-three billion, cleanup efforts to get underway, and who have lost their homes and finding thirty-two million, eighty-eight thou- help families and individuals whose them shelter, and making sure the vol- sand, six hundred thirty-one dollars homes and property have been damaged unteers are well cared for. I read the and ninety-four cents) during the past or destroyed. comments of Marvin Patten of Granite 15 years. S2876 CONGRESSIONAL RECORD — SENATE April 9, 1997 COMMENDING THE UNIVERSITY OF Dominion and keeping up the pressure a large corporate owner, you should TENNESSEE WOMEN’S BASKET- in the second half. play by the rules of the free market BALL TEAM All the loyal fans of the University of system. ‘‘Less Government’’ should be Mr. THOMPSON. Mr. President, Tennessee and all those who enjoy the motto of this Congress. today I want to recognize the achieve- women’s basketball have had the privi- OPIC is a Government agency which ment and success of the University of lege of enjoying this fantastic season was established in 1969 and is now ac- Tennessee’s Women’s Basketball Team in a string of fantastic seasons. And tive in 144 countries. It finances invest- in winning the 1997 NCAA Division I with the young team and the new re- ments for American Fortune 500 com- Women’s Basketball Championship. cruits, there’s sure to be more excite- panies through direct loans, subsidized Under the outstanding leadership of ment on the way in the coming years. loan programs, and insures them coach Pat Summitt, the Lady Volun- What a great achievement this is by an against political risk, expropriation teers have taken home the champion- outstanding group of athletes and and political violence. It entices com- ship trophy 2 years in a row. These are coaches. Congratulations to the Uni- panies to enter into risky transactions the first back-to-back championships versity of Tennessee Lady Vols—the from which private lenders shy away. in 13 years, and we couldn’t be any 1997 NCAA champions. This private activity may seem to prouder back home in Tennessee. Mr. President, I suggest the absence have a good end goal, but the problem Throughout the season, the Lady of a quorum. is not the end but the means. Basi- Volunteers had their share both of The PRESIDING OFFICER. The cally, this is an insurance program run tough games and exciting wins. But clerk will call the roll. by the Federal Government for cor- they proved their talent and skill in The bill clerk proceeded to call the porations who want to invest in risky the end with their victory in the NCAA roll. political situations. In short, we are tournament. Mr. ALLARD. Mr. President, I ask running an insurance program for Women’s basketball has become a unanimous consent that the order for major corporations. tradition in Tennessee, and those of us the quorum call be rescinded. What makes this even more problem- who are fans have grown accustomed to The PRESIDING OFFICER (Mr. atic is that OPIC does not back this in- great performances on the court. Over THOMAS). Without objection, it is so or- vestment with their own finances, but the years, the University of Ten- dered. with the full faith and credit of the nessee’s Women’s Basketball program f U.S. Government—in its simplest has attracted some of the most out- terms, the U.S. taxpayer. Every loan EXTENSION OF MORNING standing scholar-athletes in the na- and loan guarantee that OPIC finances BUSINESS tion, and in doing so it provides one of puts the U.S. taxpayer at risk. Today, the most notable examples of sports ex- Mr. ALLARD. Mr. President, I also nearly $25 billion is being risked in the cellence and academic superiority to be ask unanimous consent that morning name of the taxpayers of these cor- found anywhere. business be extended for an additional porate OPIC loans. Coach Pat Summitt and her tremen- 30 minutes. Compounding the situation is that dous staff deserve special credit. With The PRESIDING OFFICER. Is there these loans and loan guarantees are this victory, Pat takes the fifth NCAA objection? not safe investments. The Congres- title of her career, placing her behind Hearing none, without objection, it is sional Budget Office supplied a list of only the great coach John Wooden in so ordered. the quality of the portfolio at the end the championship tally. Pat has Mr. DORGAN. May I ask, Mr. Presi- of the year, 1995. OPIC has consistently achieved a real milestone in winning 5 dent, the Senator from Colorado if I taken risks in operations that are de- trophies in just 11 seasons. She’s been could ask unanimous consent to follow fined with the D-minus credit rating in charge of the team for 22 years now, his presentation with 15 minutes? My and even an F-double-negative credit starting when she was a graduate stu- understanding is he is going to speak rating. dent, and only 1 year older than some for 15 minutes, so that I be allowed to As a member of the Banking Com- of her players. Today, the program she take the 15 minutes following his 15 mittee, I can assure you that if the worked to build and maintain has minutes. U.S. taxpayer goes into a bank to get a helped set the standard for many other Mr. ALLARD. That is fine. I re- loan to buy a house and they have an successful athletic efforts in other uni- quested 30 minutes, so that 15 minutes F-double-negative credit rating, the versities, and women’s college basket- would be allocated to myself and 15 bank will ask you to please leave the ball is a national phenomenon. minutes allocated to the Senator from building. But the Overseas Private In- In a word, Pat is a trailblazer. She North Dakota. vestment Corporation does it every has helped raise the profile of the ex- The PRESIDING OFFICER. Without year, and with the hard-working tax- citing sport of women’s college basket- objection, it is so ordered. payers’ money, dollars backing these ball, and she’s created a lot of new Mr. DORGAN. I thank the Senator. loans. So the same taxpayer who can fans. f never have a chance to secure a loan This championship season at UT will with this rating is securing loans for be remembered for a lot of things, but THE OPIC ELIMINATION ACT projects with the same kind of credit most notably I believe we’ll look back Mr. ALLARD. Mr. President, during rating. at the heart and the determination my campaign for the U.S. Senate, I ex- The simple fact is subsidies have that led these women through to vic- pressed the themes of balancing the shown that this portfolio is so risky tory. The people of Tennessee, fans and budget, congressional reform, making you cannot even privatize OPIC be- UT alumni who live across the country Government smaller, and moving the cause no buyer could risk losing bil- and around the world are proud of this power out of Washington and to the lions of dollars if these loans go bad. exceptional achievement. States and localities. This is why I am Proponents of OPIC state that no loan When the UT Women cut down the proud to introduce Senate bill 519, the or loan guarantee has gone bad and nets in Cincinnati, they took home the Overseas Private Investment Corpora- this is not risky. memory of a hard-fought victory tion Termination Act, better known as If this scenario sounds familiar, it is across a dramatic 5-month season. In a the OPIC Termination Act. because we have seen it before. In the team loaded up with talent, the mem- As a Member of the other body dur- late 1980’s, the same claims were made bers came together for the effort it ing the 104th Congress, I voted to re- by the Federal Savings and Loan Insur- took to bring home the trophy. With a form the welfare system of this coun- ance Corporation, at least until the cri- record of 29 wins and 10 losses, the Ten- try. I voted to end the subsidies for sis hit. One decade and $180 billion in nessee Lady Vols came through in the farmers. And now I believe it is time to taxpayer bailout dollars later, we clinch. They surprised those who end this form of corporate welfare for found this was not the case. It has been counted them out. In the end, they won large companies. said that if we do not learn from the the final game 68–59, leading for the en- I have never believed in give-away past, we will ultimately repeat it. If we tire first half in the game against Old programs. Whether you are a farmer or do repeat history, it will again be the April 9, 1997 CONGRESSIONAL RECORD — SENATE S2877 farmer in Sterling, the technician in porations make the transition to the to create jobs through private investment Denver, and the accountant in Grand private sector. To do that, we run a abroad. Junction who picks up the bill. I have Government corporation. Thus, we are No one has alleged that government offi- cials arranged the OPIC support in exchange learned from the past, and I do not trying to end other countries’ govern- for political donations, which would violate want my children and grandchildren to ment subsidies by running Government federal law. But federal and congressional in- suffer through another corporate bail- subsidies right here in Washington. vestigators are examining whether Demo- out. This is not moving the power away cratic Party leaders pursued a reelection Who gets these loans? Coca-Cola, Du- from Washington, but right into the plan based in part on providing perks such as Pont, Union Carbide, McDonald’s, and heart of DC. seats on Brown’s missions to major business even two banks, Chase Manhattan and I am not the only one saying that it donors, many of whom stood to gain from Citicorp. These, and many other large is time for OPIC to go. In the other government actions. companies with OPIC loans, are not Many of the businesses that sent execu- body, Representatives ANDREWS, KA- tives on Brown’s missions gave to the Repub- cash-starved companies, but companies SICH, SANDERS, ROYCE, CONDIT, lican Party, though generally less than they with strong bottom lines. I do not be- DEFAZIO, KLUG, PETERSON, SHADEGG, donated to the Democrats. And several advo- lieve the Federal Government should JACKSON, PASCRELL, and DICKEY have cates for campaign finance reform said re- be in the business of business, and I do introduced H.R. 387 eliminating OPIC. gardless of the Democrats’ campaign strat- believe these companies can stay Also, the National Taxpayers Union egy, the OPIC support that went to major do- strong and survive without OPIC. As in says few other Federal programs com- nors on Brown’s missions created the percep- life, if the risk is too high, then maybe bine such undesirable elements as cor- tion that corporate givers got what they wanted. you should look elsewhere. porate welfare, wasteful spending, un- The average company contribution to What do OPIC loans buy? We, the necessary foreign aid, mismanagement Democratic committees from OPIC recipi- taxpayers, have developed a soft drink and risk to the American taxpayers as ents on Brown’s trips was nearly $95,000. The bottling company in Poland and the Overseas Private Investment Cor- average support from the agency for the 27 Ghana, a travel agency in Armenia, a poration. recipients was about $200 million per com- magazine in Russia, a lumber mill in Milton Friedman, one of the leading pany. Lithuania, an art gallery in Haiti, experts of economics from the Chicago Bill Hogan, director of investigative cable television in Argentina, a ham- projects for the Center for Public Integrity, School of Economics, said he does not said there were three ways to look at the burger bun bakery and phone book di- see any redeeming aspects in the exist- Brown trips, agency assistance, and dona- rectories in Brazil. ence of OPIC. It is special interest leg- tions to Democratic committees. Now, there may be some worthwhile islation of the worst kind. ‘‘One is that it was a happy accident,’’ projects and successes funded by OPIC, This leads me to another important Hogan said. ‘‘Another is that the donations but, again, I do not believe that we reason why OPIC should be eliminated. were an unbelievable investment. And the need to be risking hard-working tax- It seems to me that OPIC may be third is that the companies would have got- payer money on these ventures. Plus, used as a political slush fund. Whether ten the assistance anyway, and they just this is a subsidy that does not get built made nice, spontaneous thank-you gifts to this is a perception or truth, I believe the party.’’ into the cost of a product which may it is time to end this perception of im- OPIC spokeswoman Allison May Rosen compete against American products propriety. said agency officials ‘‘may not have known’’ that are not subsidized. Mr. President, I ask unanimous con- that companies applying for assistance had Also, proponents of OPIC believe that sent to have printed in the RECORD a contributed to Democratic committees or if OPIC does not provide this insur- story from the Boston Globe dated sent executives on missions with Brown. ance, then companies will not enter Sunday, March 30, 1997. Rosen said Brown and other administra- these risky markets. There are cer- There being no objection, the mate- tion officials may also have discussed par- tainly private alternatives to OPIC’s ticular projects with OPIC staff, including rial was ordered to be printed in the the agency’s president, Ruth R. Harkin, the activities and one is starting invest- RECORD, as follows: wife of Senator Tom Harkin, Democrat of ment funds for developing countries. [From the Boston Globe, Mar. 30, 1997] Iowa. Today, there are hundreds of private TRADE TRIP FIRMS NETTED $5.5B IN AID During much of Clinton’s first term, one of developing country investment funds. DONATED $2.3M TO DEMOCRATS Brown’s top associates, Jeffrey E. Garten, then undersecretary for international trade, Portfolio money is flowing into all (By Bob Hohler) parts of the developing world. If inter- served on OPIC’s board of directors. WASHINGTON.—Businesses that gave Demo- In addition, Brown attended several sign- ested, they are listed on the New York cratic Party committees more than $2.3 mil- Stock Exchange. Even the proponents ing ceremonies for OPIC-supported projects, lion and won coveted seats on US trade mis- including a 1995 event with Palestinian lead- cannot deny the existence of those pri- sions during President Clinton’s first term er Yasser Arafat for a bottled-water oper- vate alternatives or that they may be secured nearly $5.5 billion to support their ation in the West Bank and Gaza involving available at lower cost. However, it foreign business operations from a federal in- Culligan Water Technologies Inc. of Illinois. seems they know a good deal when vestment agency. Rosen said OPIC awards corporate support they see one. With OPIC selling the full In all, 27 corporations that sent executives solely on the basis of a professional review faith and credit of the U.S. taxpayer, on trade trips with the late Commerce Sec- process geared to ‘‘using our limited re- retary Ronald H. Brown obtained part of a foreign governments would be less like- sources in a careful and prudent manner.’’ multibillion-dollar commitment in federally Much of the OPIC support for participants ly to stick them with the bill. guaranteed assistance from the Overseas Pri- on Brown’s missions was granted while the Again, here lies the problem. These vate Investment Corp., according to a Globe agency experienced what Harkin described to subsidized loans to promote trade and analysis of fund-raising records, trip mani- a House panel last year as ‘‘an unprece- investment abroad distort the flow of fests, and OPIC documents. dented demand for services.’’ But even in capital and resources away from the All but three of the 27 OPIC recipients do- such a competitive climate, partisan politi- most efficient uses, thus distorting nated to Democratic Party committees, and cal considerations have never affected a deci- trade and investment abroad. OPIC’s most of them gave between $50,000 and sion on granting OPIC support, according to $358,000 during Clinton’s first term. impact on U.S. capital and resource Rosen. While the Globe reported last month that ‘‘It’s not in our world,’’ she said. markets may be negative due to these Brown’s trade trips were a fund-raising bo- Brown, widely regarded to have been the distortionary effects of subsidized nanza for the Democratic Party, what has Clinton administration’s most aggressive ad- loans. In layman’s terms, OPIC distorts previously gone unnoticed is the massive vocate for US businesses abroad, died with 34 the marketplace, pushing out private amount of OPIC support given to companies other people when the Air Force plane carry- investment, and does not allow it to that traveled with Brown and donated ing them on a trade mission to Bosnia grow. money to the Democrats. crashed into a mountainside in Croatia on This leads to the question, ‘‘Is this OPIC provides financing and political risk April 3, 1996. Four of the victims were execu- the appropriate role for Government?’’ insurance that many US businesses consider tives with companies that had received OPIC essential to expanding into unstable or de- support: AT&T, Bechtel Corp., Foster Wheel- What we are doing with OPIC is invest- veloping democracies. The Clinton adminis- er Corp., and Harza Engineering Co. ing money in countries involving risky tration, with Brown coordinating much of Commerce spokesman Jim Dessler said it business deals. We are trying to help the effort, relied heavily on the federally was ‘‘natural that there is a correlation be- other countries’ government-run cor- funded corporation to boost US exports and tween Commerce trade missions, which focus S2878 CONGRESSIONAL RECORD — SENATE April 9, 1997 on emerging markets, and OPIC financing, its policy of taking ‘‘an active role in the leans. After donating only $20,000 to Demo- which deals with investments in developing governmental process as a good corporate cratic national committees in 1991 and 1992, markets.’’ citizen.’’ She said that includes obeying ‘‘the Entergy’s giving soared to $337,613 during But Dessler said Commerce officials ex- letter and spirit of all campaign finance and Clinton’s first term. erted no influence on the OPIC staff on be- contribution laws.’’ Entergy’s chairman, Edwin Lupberger, half of trade mission participants or Demo- As for the Brown mission, which preceded traveled with Brown to China in 1994 to close cratic donors. ‘‘Absolutely none,’’ he said. State Street’s OPIC assistance, Murphy said, a deal to build a $1 billion power plant there OPIC, whose federal funding is under fire ‘‘Neither then nor later did State Street or from some lawmakers who consider it ‘‘cor- with the Lippo Group of Indonesia. Lippo’s any of our officers seek favorable treatment ties to former members of the Clinton ad- porate welfare,’’ provides insurance and loan from public officials or government agencies guarantees generally not available in the ministration are under investigation by the or make any political contributions in con- FBI. commercial market because of risks in- nection with the trip.’’ volved. Corporate recipients pay high insur- Of the other companies represented on The Entergy-Lippo deal fell through. OPIC, ance premiums and substantial loan interest, Brown’s missions, OPIC gave the bulk of its which does not do business in China, was not which has helped OPIC turn a profit every support—$1.62 billion—to Citicorp of New involved in the project. year since it was founded in 1971. York and its subsidiaries, Citicorp received However, Entergy received $165 million of The agency received $104 million in federal financing or political risk insurance for insurance coverage from OPIC in 1996 for a funds last year and returned $209 million to projects in 23 countries during Clinton’s first hydroelectric power project in Peru. the Treasury. term. Companies that went on Brown’s trade An Entergy spokesman did not return a Citicorp was among 15 of the 27 OPIC re- missions received nearly 14 percent of OPIC’s phone call. cipients on Brown’s trips that had received total financial commitment of $40.6 billion Several other federal agencies, including support from the agency before Clinton took from 1993 to 1996, which included $34.5 billion the Export-Import Bank, the US Agency for office. And not all were major Democratic in political risk insurance and $6.1 billion in International Development, and the US supporters. financing. Trade and Development Agency, also pro- The businesses on Brown’s missions re- Among them was Anderman/Smith Over- vided assistance to businesses that gave to ceived about $3.5 billion in risk insurance seas Inc., a Denver-based oil company that the Democratic Party and sent executives on and $2 billion in financing. received $40 million in political risk insur- trade missions. ance from OPIC in 1992 to develop a giant oil Among the companies that traveled with Administration officials said politics Brown, OPIC supported projects ranging field in Russia’s western Siberia. In 1994, when an Anderman/Smith execu- played no role in any funding decision. But from Pepsi Cola bottling in Poland to rocket campaign reform advocates were skeptical. engine development in Russia to cellular tive joined Brown on a prized trade mission phone systems in Argentina, Hungary, India, to Russia, OPIC also provided the company ‘‘In too many cases,’’ said Ellen Miller of and Nicaragua. with a $40 million loan guarantee. the advocacy group Public Campaign, ‘‘it The only Massachusetts company among Yet Anderman/Smith was a small player in looks as if those who had the opportunity to the OPIC recipients was State Street Bank Democratic fund-raising, with total con- reap those kinds of rewards were those who and Trust Co., which sent an executive to a tributions of $5,250 coming from an execu- invested first in the Democratic Party.’’ tive’s family. ‘‘We wanted to succeed on our trade summit with Brown in Amman, Jor- FOREIGN TRADE, US AID dan, in 1995. State Street gave $20,500 to the own merits,’’ said James Webb, the compa- Democratic Senatorial Campaign Committee ny’s chief financial officer. Twenty-seven companies that obtained in 1995 and 1996, and $10,000 to the Demo- Webb praised OPIC as competent and pro- coveted slots on trade missions with the late cratic National Committee in 1996. fessional, saying the agency ‘‘looked into Commerce Secretary Ronald H. Brown dur- OPIC, in fiscal 1996, provided State Street every nook and cranny’’ of his company’s fi- ing President Clinton’s first term received a $54 million insurance policy on the compa- nances. ‘‘We certainly didn’t get any special support for foreign projects from the Over- ny’s investment in a Brazil manufacturing treatment,’’ Webb said. seas Private Investment Corp., a federal project. The biggest giver to the Democrats among agency. All but three of the companies do- Kari Murphy, a spokeswoman for State the companies on Brown’s missions was nated to the Democratic Party in the same Street, said the company has complied with Entergy Power Development Co. of New Or- period.

Donations to Domocratic Party OPIC aid 1993–96 Company Brown trip 1993–96 Amount Country

Entergy Power Development ...... China ...... $337,613 $165m Peru. AT&T ...... G–7 Summit—China; Middle East; Russia ...... 351,400 100m India. US West ...... India; Russia ...... 243,500 20m India. Do ...... do ...... 11m Poland. Do ...... do ...... 24.5m Brazil. Do ...... do ...... 50m Indonesia. Do ...... do ...... 75m Russia. Do ...... do ...... 25m Hungary. Do ...... do ...... 45m Hungary. Do ...... do ...... 135m Russia. Bechtel Group ...... Middle East ...... 189,650 54.5m Algeria General Electric ...... Middle East, Mexico ...... 186,275 45.2m Costa Rica. Fluor Corp...... China ...... 147.500 200m Indonesia. Do ...... do ...... 200m Indonesia. Enron Corp...... India ...... 142,400 200m India. Do ...... Middle East ...... 10m Turkey. Do ...... Kuwait ...... 200m Turkey. Do ...... do ...... 100m Colombia. Do ...... do ...... 300m India. Do ...... do ...... 69.2m Philippines. Edison Mission Energy ...... China ...... 91,700 50m Thailand. Do ...... do ...... 200m Indonesia. Do ...... do ...... 80m Turkey. Do ...... do ...... 200m Indonesia. Akin Gump ...... MIddle East ...... 91,300 65,250 Bolivia. Tenneco ...... Middle East ...... 75,450 20.8m Indonesia. Do ...... Spain; India; Latin America ...... 70m Romania. Pratt & Whitney ...... Russia; South Africa; Saudi Arabia ...... 75,000 50m Russia. Phibro Energy Production Inc...... Russia ...... 70,450 20m Russia. General Motors ...... Spain; Middle East ...... 61,500 5.8m Argentina. Citicorp/Citibank ...... Middle East; Spain ...... 57,277 200m Hungary. Do ...... do ...... 200m Trinidad. Do ...... do ...... 200m Brazil. Do ...... do ...... 149.6m Argentina. Do ...... do ...... 100m Russia. Do ...... do ...... 70m Brazil. Do ...... do ...... 49.8m Poland. Do ...... do ...... 38.6m Peru. Do ...... do ...... 34.1m Peru. Do ...... do ...... 32.7m Argentina. Do ...... do ...... 32.5m Peru. Do ...... do ...... 31.8m Jamaica. Do ...... do ...... 31.4m Brazil. Do ...... do ...... 30m India. Do ...... do ...... 27.4m Argentina. Do ...... do ...... 27m Thailand. Do ...... do ...... 26.3m Turkey. Do ...... do ...... 26.1m Brazil. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2879

Donations to Domocratic Party OPIC aid 1993–96 Company Brown trip 1993–96 Amount Country

Do ...... do ...... 25m Haiti. Do ...... do ...... 25m Russia. Do ...... do ...... 23.4m Brazil. Do ...... do ...... 20.1m Philippines. Do ...... do ...... 18.7m Peru. Do ...... do ...... 17.7m El Salvador. Do ...... do ...... 17.1m South Africa. Do ...... do ...... 17m Slovakia. Do ...... do ...... 15m Colombia. Do ...... do ...... 14m Czech Rep. Do ...... do ...... 13m Brazil. Do ...... do ...... 12.8m Bolivia. Do ...... do ...... 12.8m Bolivia. Do ...... do ...... 12.4m Jamaica. Do ...... do ...... 11.5m Russia. Do ...... do ...... 11.5m Colombia. Do ...... do ...... 10m Indonesia. Do ...... do ...... 9.5m Jamaica. Do ...... do ...... 8.6m Costa Rica. Do ...... do ...... 6m Tanzania. Do ...... do ...... 5.9m Honduras. Do ...... do ...... 2.3m Peru. Do ...... do ...... 2.1m Philippines. Do ...... do ...... 1m Lebanon. Do ...... do ...... 800,000 Jamaica. Lockheed Martin ...... MIddle East ...... 50.950 33.5m Russia. Pepsi Cola ...... Middle East ...... 35,000 80m Poland. State Street Bank & Trust ...... Middle East ...... 30,500 54m Brazil. Du Pont de Nemours ...... Middle East ...... 30,000 200m Russia. Harza Engineering ...... Middle East ...... 21,500 47.8m Nepal. Motorola ...... Russia; India ...... 11,700 42.2m Russia. Do ...... do ...... 36.3m Lithuania. Do ...... do ...... 43.7m Brazil. Do ...... do ...... 46.7m Brazil. Do ...... do ...... 36.7m India. Do ...... do ...... 600,000 India. Anderman Smith ...... Russia ...... 5,250 40m Russia. Foster Wheeler ...... Spain; Middle East; Poland; China ...... 3,000 25.8m Venezuela. Turner International ...... Middle East ...... 2,000 3.7m Kuwait. GTE Corp...... Argentina ...... 502m 175m Argentina. Do ...... do ...... 200m Argentina. Duracell ...... Russia ...... 12.7m South Africa. Cullingan Water Technologies ...... Jordan; Israel ...... 1.6m West Banks. K&M Engineering ...... Middle East ...... 87,256 Tunisia. Total ...... 2,338,917 5,458,952,506 Source: Commerce Department, Federal Election Commission, Overseas Private Investment Corp., Campaign Study Group, Center for Responsive Politics, Globe staff.

Former Commerce Secretry Ron Brown’s that I believe this is a probusiness, anti will do more to increase economic and trade mission: Saudi Arabia—5/2/93–5/6/93; big Government proposal. job growth than any OPIC loan can Mexico—12/7/93–12/9/93; South Africa—11/26/93– I am a free trader. I am a supporter offer. 12/2/93; Israel—1/14/94–1/21/94; Russia—3/27/94–4/ of the GATT and NAFTA, and believe Mr. President, this effort is sup- 2/94; Poland—5/4/94–5/7/94; Latin America—6/ that free trade is the best way to raise 25/94–7/2/94; China—8/26/94–9/3/94; India—1/13/ ported by individuals on both the left 95–1/20/95; Middle East—2/4/95–2/11/95; G–7 the living standards for all Americans. and the right of the political spectrum. Summit (Belgium, Spain)—2/23/95–2/28/95; We need to support policies that reduce With all the talk by liberals and con- China—10/15/95–10/19/95; Spain—11/9/95–11/12/95; trade barriers. OPIC does not reduce servatives about eliminating corporate Middle East—10/27/95–10/31/95—Source: Com- trade barriers for all companies to welfare, I believe it is time we begin to merce Department. compete in the marketplace. It is an do what we say and it ought to start Mr. ALLARD. The headline from income transfer program from U.S. here with OPIC. OPIC should not exist above the fold says, ‘‘Trade-trip firms taxpayers to a selected group of busi- under a Republican or Democrat Presi- netted $5.5 billion in aid, Donated $2.3 nesses, who may have donated or will dent or Congress. million to Democrats.’’ It goes on to feel obligated to give to a political state that 27 corporations that sent ex- party. These subsidies may increase ex- I thank you for this time and I ask ecutives on trade trips with late Com- ports for a few selected companies that all my colleagues to support S. 519 and merce Secretary Ron Brown received have the political influence to secure this effort to eliminate the Overseas part of a multibillion-dollar commit- these loans, but it does little to expand Private Investment Corporation. ment in OPIC loans and guarantees. All the overall economic growth of this The PRESIDING OFFICER. The Sen- but 3 of the 27 OPIC recipients donated country. OPIC loans protect ineffi- ator from North Dakota. to Democratic Party committees, and ciency and reduce total economic ac- most of them gave $50,000 to $385,000 tivity, shifting economic resources f during the President’s first term. from taxpayers and unsubsidized busi- As mentioned in the story, it is very nesses to politically connected busi- TRAGIC WEATHER CONDITIONS difficult to ascertain whether the OPIC nesses. Free trade is about getting the Mr. DORGAN. Mr. President, a cou- loan influenced giving to the party, or Government out of the private sector. ple of my colleagues this morning have if the donation influenced who received The Federal Government can advocate spoken, as I did yesterday, about the the OPIC assistance, or if there was U.S. business and trade without sup- devastating blizzards and floods that any impropriety at all. porting politically connected busi- have confronted people in North and To me, it does not matter. Since the nesses. Let us push for open markets, South Dakota and the Minnesota re- awarding of OPIC assistance is entirely not for open political purses. discretionary by the administration in Last, as we are attempting to bal- gion in recent days. I suppose only power, it invites and welcomes possible ance the budget by the year 2002 and those who have been there can fully abuse as described in the Boston Globe. reduce Government spending, we must understand the dimension of the trag- OPIC should not exist in the first begin to eliminate giveaway programs edy. It is, indeed, a tragedy. place, and even the perception that it and corporate welfare. Eliminating North Dakota has had the toughest could be used as a slush fund, whether OPIC will save $107 million this year winter that it has ever had, with five Republican or Democrats, makes its and $296 million over the next 5 years. and six major blizzards, closing down elimination even more important. This does not include the money saved virtually all roads, including the inter- With this bill, some proponents of if any of OPIC loans or guarantees go state highways, causing serious prob- OPIC will describe me as antibusiness bad and have to be bailed out by the lems. On top of that, with the expected or antitrade. I guess to them, getting taxpayers. We must get all spending floods that would come as a result of the Government out of the business of under control and all parts of the budg- the record amount of snowfall from business is antibusiness. I must say et must sacrifice. Balancing our budget these previous blizzards, last week S2880 CONGRESSIONAL RECORD — SENATE April 9, 1997 something called the grandfather of all threat to human life has been substan- River is 17 feet, the river is at 33 feet blizzards came to North Dakota. tial. Fortunately, we have not had and expected to go to 371⁄2 feet. In Leon Osborne, who works at the Uni- many deaths in North Dakota, but it Grand Forks, flood stage is 28 feet, and versity of North Dakota and is some- has been a very challenging time. We it is expected to crest at 49 feet. That one who runs a weather service that I are told that in some areas, one half of is the Red River. The Sheyenne River think is tops in our region, described the young calves being born—and this is the same story. At West Fargo, the this blizzard as the worst in 50 years in is calving season for ranchers—one half Sheyenne flood stage is 16 feet, and the our State. This blizzard came on top of of the calves are dying as they are current height is 23 feet. In Abercrom- all of the other blizzards and on top of born. bie, the Wild Rice River flood stage is the flooding that was already begin- They are being found on the ground 10 feet and the current height is 24 feet. ning in our State. The snowfall last in circumstances where the ranchers So we face enormous challenges now weekend ranged anywhere from 12 simply could not save them. One ranch- as we confront digging out from a bliz- inches to over 20 inches of snowfall er, I believe, brought five or seven of zard that represented the worst bliz- with winds 40 and 50 miles an hour in his calves into the home to try to save zard in 50 years and as we anticipate some parts of North Dakota. The pic- their lives. All of them died. Also, 300 the continuation of a flood. This will ture of North Dakotans trying to fill milk cows were killed when a dairy be the worst flood that we will have sandbags in the middle of a snow bliz- barn collapsed under the weight of the had in a century. zard is quite extraordinary. snow. There are stories about cows and Now, Mr. President, today is Wednes- day, and I indicated we met with the The Dakotans have had a very, very calves with a full 1-inch thick coat of President on Tuesday. President Clin- difficult time coping with these prob- ice on them as a result of the blizzard, ton indicated to us that the head of lems. Last Tuesday we had a meeting rain, and the snow. FEMA, the Federal Emergency Man- with President Clinton and the head of Farmers and ranchers have at- agement Agency, would come to North FEMA, the Federal Emergency Man- tempted, especially for the young and Dakota. He indicated he would invite a agement Agency, and the President the vulnerable calves, to use air dryers Cabinet Secretary, too, to come, and a signed a disaster declaration for North to try to remove that ice from the and South Dakota. senior team of administration officials coats of those calves. Then the power will visit our region. I am also told My understanding is that he probably fails, so you cannot use air dryers, and signed a disaster declaration for some that Vice President GORE will visit the calves die. Those are just some of North Dakota, South Dakota, and Min- of the Minnesota counties today. There the stories of people who have been are teams of folks from FEMA now on nesota on Friday, the day after tomor- confronted with this challenge. row, and I expect that the congres- the ground in our region, and there will There was a story, in fact, yesterday be a visit to North Dakota by the head sional delegation, myself included, will about two fellows who were leaving a join him in that visit. of FEMA and by the Secretary of North Dakota community and were Transportation and other senior offi- I appreciate very much the attention caught by this blizzard with whiteout of the agencies and the administration cials. My understanding is that the conditions and they became stuck, Vice President will also visit North and in understanding the difficulty we face, could not move, could not see. They understanding the gravity of the situa- South Dakota and Minnesota the day saw a building just faintly, just a few after tomorrow. tion that yet exists in North Dakota yards away, so they went to the build- I intend to travel with the senior of- with power lines down, with thousands ing, which turned out to be a small bar ficials as they go to North Dakota, as of North Dakotans still without power do my colleagues, and we will be a part on the edge of this town. So they broke after many, many days. I believe that of a group that attempts to make cer- into the bar and then used the tele- we will appreciate very much in North tain that all of the resources of the phone to call the wife of one of the two Dakota the visit from the Vice Presi- Federal Government are made avail- men who had broken into the bar and dent and from the head of FEMA and able at this time when it is needed in had the wife call the bar owner. Cabinet officials who come to view Remember, this is a whiteout bliz- North Dakota and in our region to help firsthand what could be done on behalf zard, with no traffic available to move, people who are trying to dig out from of the Federal Government to make all this blizzard and trying to cope with and they are stuck and caught. The bar of the resources of the Federal Govern- massive flooding. owner called the bar where the two fel- ment available to North Dakotans as The newspaper headlines tell it bet- lows had broken in to seek shelter and they work together and fight together ter than I can. This one describes it said, ‘‘Well, help yourself to whatever to confront these challenges. pretty well: ‘‘Down, But Not Out.’’ is there. There is frozen chili in the Mr. President, my colleagues and I North Dakotans are a tough people. freezer.’’ The folks were stuck there, I will be working in the coming days on They have suffered through a good guess for a day and a half in the place. the supplemental appropriations bill, many weather-related events in years I suppose there are worse places to be which we hope will include the kind of past, but this was about as tough as it stuck if you are in the middle of a bliz- resources that are necessary for all of gets. ‘‘State Paralyzed by Blizzard.’’ zard, but it is a story that is replicated the agencies to respond to this prob- The newspaper headlines describe all of all across our State of neighbors help- lem. Mr. President, there are not many the myriad events that have occurred. ing neighbors, especially now confront- States in our country in which inter- ‘‘Area Residents Hang Tough Despite ing digging out from a blizzard and state highways are closed or will be Flooding.’’ ‘‘Search for Heat and Power confronting the raging flood that will closed. Yet this morning Interstate 29 Endangers Lives: With Power Lines come. has one lane closed, and it is expected Down, Crews Struggle To Restore The flood is going to be a very sig- that Interstate 29 will be closed com- Power to Thousands of Homes.’’ It has nificant problem. Part of it has already pletely in North Dakota. In fact, a dike been a very, very tough time. hit. I want to tell my colleagues about will be built across the interstate when The stories of the folks who have had the Red River—which, incidentally, is it is closed, and it will be closed for to endure this are really quite remark- the only river in America that runs some time. Interstate 94, a major ar- able. We have men and women who are north, I believe. Because it runs north, tery east and west in our State, is now trying to restore power to a State in it is running into an area up north that surrounded by lakes of water on both which up to 100,000 citizens were with- has not yet thawed, and the result is sides, and some predict that we will out power. Some are still without the water cannot flow easily because it probably not escape having that inter- power. Men and women, linemen and is flowing toward ice. So it starts down state closed as well. But it is a very others working for utility companies, south in our State and floods there difficult circumstance, with road crews electric co-ops and others are out in first and then the flood exacerbates as and others struggling in a crisis situa- tough circumstances trying to restore it goes north. tion to meet the needs of people who power to North Dakota. They are doing In Wahpeton, flood stage is 10 feet, have been confronted by this blizzard an extraordinary job for our State. the current height of the river is 16 feet and these floods. Livestock losses are going to be very and is predicted to go to 181⁄2 feet. In Many are finding that just the infra- substantial in North Dakota. The Fargo, ND, the flood stage on the Red structure things we normally take for April 9, 1997 CONGRESSIONAL RECORD — SENATE S2881 granted are now shut off, and it makes ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- effects are both substantial and adverse to dealing with all of this much, much TENTS. the tribe. more difficult. I suppose electricity is ‘‘(a) SHORT TITLE.—This Act may be cited ‘‘(3) AFFECTED UNIT OF LOCAL GOVERN- as the ‘Nuclear Waste Policy Act of 1997’. the thing that most of us almost al- MENT.—The term ‘affected unit of local gov- ‘‘(b) TABLE OF CONTENTS.— ernment’ means the unit of local government ways take for granted every day. I have with jurisdiction over the site of a repository talked to several North Dakotans in ‘‘Sec. 1. Short title and table of contents. or interim storage facility. Such term may, the last hours, and they reiterate that ‘‘Sec. 2. Definitions. at the discretion of the Secretary, include it is something we take for granted, ‘‘TITLE I—OBLIGATIONS other units of local government that are con- but the loss of electricity, especially in tiguous with such unit. ‘‘Sec. 101. Obligations of the Secretary of ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— the circumstance in North Dakota, Energy. with record low temperatures this The term ‘atomic energy defense activity’ ‘‘TITLE II—INTEGRATED MANAGEMENT means any activity of the Secretary per- morning, dating back to the 1890’s, has SYSTEM formed in whole or in part in carrying out been a very difficult circumstance for ‘‘Sec. 201. Intermodal Transfer. any of the following functions: families struggling to keep warm and ‘‘Sec. 202. Transportation planning. ‘‘(A) Naval reactors development. struggling to confront these elements. ‘‘Sec. 203. Transportation requirements. ‘‘(B) Weapons activities including defense So, Mr. President, Senator CONRAD, ‘‘Sec. 204. Interim storage. inertial confinement fusion. myself, and Senator WELLSTONE, who ‘‘Sec. 205. Permanent repository. ‘‘(C) Verification and control technology. spoke earlier, and others, intend to go ‘‘Sec. 206. Land withdrawal. ‘‘(D) Defense nuclear materials production. ‘‘(E) Defense nuclear waste and materials ‘‘TITLE III—LOCAL RELATIONS to North Dakota with the senior Fed- byproducts management. eral team, either tomorrow or Friday, ‘‘Sec. 301. Financial Assistance. ‘‘(F) Defense nuclear materials security and do everything we possibly can to ‘‘Sec. 302. On-Site Representative. and safeguards and security investigations. try to bring some help to some folks ‘‘Sec. 303. Acceptance of Benefits. ‘‘(G) Defense research and development. who are now trying to help themselves ‘‘Sec. 304. Restrictions on Use of Funds. ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— ‘‘Sec. 305. Land Conveyances. dig out and prepare for floods. We hope The term ‘civilian nuclear power reactor’ that when all of this is done—and it is ‘‘TITLE IV—FUNDING AND means a civilian nuclear power plant re- ORGANIZATION quired to be licensed under section 103 or 104 going to be some while—that the b. of the Atomic Energy Act of 1954 (42 U.S.C. record will show that everybody rushed ‘‘Sec. 401. Program Funding. ‘‘Sec. 402. Office of Civilian Radioactive 2133, 2134(b)). to the folks in this region who have Waste Management. ‘‘(6) COMMISSION.—The term ‘Commission’ been hurt, the North Dakotans and ‘‘Sec. 403. Federal contribution. means the Nuclear Regulatory Commission. ‘‘(7) CONTRACTS.—The term ‘contracts’ South Dakotans and Minnesotans, and ‘‘TITLE V—GENERAL AND means the contracts, executed prior to the everybody did everything humanly pos- MISCELLANEOUS PROVISIONS sible to make life better, and extended date of enactment of the Nuclear Waste Pol- ‘‘Sec. 501. Compliance with other laws. icy Act of 1997, under section 302(a) of the a helping hand to try to get them ‘‘Sec. 502. Judicial review of agency actions. Nuclear Waste Policy Act of 1982, by the Sec- through these challenges. ‘‘Sec. 503. Licensing of facility expansions retary and any person who generates or Mr. President, I yield the floor and and transshipments. holds title to spent nuclear fuel or high-level suggest the absence of a quorum. ‘‘Sec. 504. Siting a second repository. radioactive waste of domestic origin for ac- The PRESIDING OFFICER (Mr. ‘‘Sec. 505. Financial arrangements for low- ceptance of such waste or fuel by the Sec- level radioactive waste site clo- HUTCHINSON). The clerk will call the retary and the payment of fees to offset the sure. Secretary’s expenditures, and any subse- roll. ‘‘Sec. 506. Nuclear Regulatory Commission The assistant legislative clerk pro- quent contracts executed by the Secretary training authority. pursuant to section 401(a) of this Act. ceeded to call the roll. ‘‘Sec. 507. Emplacement schedule. ‘‘(8) CONTRACT HOLDERS.—The term ‘con- Mr. MURKOWSKI. Mr. President, I ‘‘Sec. 508. Transfer of Title. tract holders’ means parties (other than the ask unanimous consent that the order ‘‘Sec. 509. Decommissioning Pilot Program. Secretary) to contracts. for the quorum call be rescinded. ‘‘Sec. 510. Water Rights. ‘‘(9) DEPARTMENT.—The term ‘Department’ The PRESIDING OFFICER. Without ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL means the Department of Energy. objection, it is so ordered. REVIEW BOARD ‘‘(10) DISPOSAL.—The term ‘disposal’ means the emplacement in a repository of spent nu- f ‘‘Sec. 601. Definitions. ‘‘Sec. 602. Nuclear Waste Technical Review clear fuel, high-level radioactive waste, or CONCLUSION OF MORNING Board. other highly radioactive material with no BUSINESS ‘‘Sec. 603. Functions. foreseeable intent of recovery, whether or not such emplacement permits recovery of The PRESIDING OFFICER. Morning ‘‘Sec. 604. Investigatory powers. ‘‘Sec. 605. Compensation of members. such material for any future purpose. business is closed. ‘‘Sec. 606. Staff. ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- f ‘‘Sec. 607. Support services. posal system’ means all natural barriers and engineered barriers, and engineered systems NUCLEAR WASTE POLICY ACT ‘‘Sec. 608. Report. ‘‘Sec. 609. Authorization of appropriations. and components, that prevent the release of AMENDMENTS ‘‘Sec. 610. Termination of the board. radionuclides from the repository. ‘‘(12) EMPLACEMENT SCHEDULE.—The term The PRESIDING OFFICER. Under ‘‘TITLE VII—MANAGEMENT REFORM ‘emplacement schedule’ means the schedule the previous order, the Senate will now ‘‘Sec. 701. Management reform initiatives. established by the Secretary in accordance proceed to the consideration of S. 104, ‘‘Sec. 702. Reporting. with section 507(a) for emplacement of spent which the clerk will report. ‘‘Sec. 703. Effective date. nuclear fuel and high-level radioactive waste The assistant legislative clerk read ‘‘SEC. 2. DEFINITIONS. at the interim storage facility. as follows: ‘‘For purposes of this Act: ‘‘(13) ENGINEERED BARRIERS AND ENGI- A bill (S. 104) to amend the Nuclear Waste ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- NEERED SYSTEMS AND COMPONENTS.—The Policy Act of 1982. cept’ and ‘acceptance’ mean the Secretary’s terms ‘engineered barriers’ and ‘engineered act of taking possession of spent nuclear fuel systems and components,’ mean man-made The Senate proceeded to consider the or high-level radioactive waste. components of a disposal system. These bill, which had been reported from the ‘‘(2) AFFECTED INDIAN TRIBE.—The term ‘af- terms include the spent nuclear fuel or high- Committee on Energy and Natural Re- fected Indian tribe’ means any Indian tribe— level radioactive waste form, spent nuclear sources, with amendments; as follows: ‘‘(A) whose reservation is surrounded by or fuel package or high-level radioactive waste (The parts of the bill intended to be borders an affected unit of local government, package, and other materials placed over and stricken are shown in boldface brack- or around such packages. ets and the parts of the bill intended to ‘‘(B) whose federally defined possessory or ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The be inserted are shown in italic.) usage rights to other lands outside of the term ‘high-level radioactive waste’ means— reservation’s boundaries arising out of con- ‘‘(A) the highly radioactive material re- S. 104 gressionally ratified treaties may be sub- sulting from the reprocessing of spent nu- Be it enacted by the Senate and House of Rep- stantially and adversely affected by the lo- clear fuel, including liquid waste produced resentatives of the United States of America in cating of an interim storage facility or a re- directly in reprocessing and any solid mate- Congress assembled, That the Nuclear Waste pository if the Secretary of the Interior rial derived from such liquid waste that con- Policy Act of 1982 is amended to read as fol- finds, upon the petition of the appropriate tains fission products in sufficient con- lows: governmental officials of the tribe, that such centrations; and S2882 CONGRESSIONAL RECORD — SENATE April 9, 1997

‘‘(B) other highly radioactive material that ‘‘(26) SECRETARY.—The term ‘Secretary’ ‘‘(f) PREEXISTING RIGHTS.—Nothing in this the Commission, consistent with existing means the Secretary of Energy. Act is intended to or shall be construed to law, determines by rule requires permanent ‘‘(27) SITE CHARACTERIZATION.—The term modify— isolation, which includes any low-level ra- ‘site characterization’ means activities, ‘‘(1) any right of a contract holder under dioactive waste with concentrations of radio- whether in a laboratory or in the field, un- section 302(a) of the Nuclear Waste Policy nuclides that exceed the limits established dertaken to establish the geologic condition Act of 1982, or under a contract executed by the Commission for class C radioactive and the ranges of the parameters of a can- prior to the date of enactment of this Act waste, as defined by section 61.55 of title 10, didate site relevant to the location of a re- under that section; or Code of Federal Regulations, as in effect on pository, including borings, surface exca- ‘‘(2) obligations imposed upon the Federal January 26, 1983. vations, excavations of exploratory facili- Government by the United States District ‘‘(15) FEDERAL AGENCY.—The term ‘Federal ties, limited subsurface lateral excavations Court of Idaho in an order entered on Octo- agency’ means any Executive agency, as de- and borings, and in situ testing needed to ber 17, 1995 in United States v. Batt (No. 91– fined in section 105 of title 5, United States evaluate the licensability of a candidate site 0054–S–EJL). Code. for the location of a repository, but not in- ‘‘(g) LIABILITY.—Subject to subsection (f), ‘‘(16) INDIAN TRIBE.—The term ‘Indian cluding preliminary borings and geophysical nothing in this Act shall be construed to tribe’ means any Indian tribe, band, nation, testing needed to assess whether site charac- subject the United States to financial liabil- or other organized group or community of terization should be undertaken. ity for the Secretary’s failure to meet any Indians recognized as eligible for the services ‘‘(28) SPENT NUCLEAR FUEL.—The term deadline for the acceptance or emplacement provided to Indians by the Secretary of the ‘spent nuclear fuel’ means fuel that has been of spent nuclear fuel or high-level radio- Interior because of their status as Indians in- withdrawn from a nuclear reactor following active waste for storage or disposal under this Act. cluding any Alaska Native village, as defined irradiation, the constituent elements of in section 3(c) of the Alaska Native Claims which have not been separated by reprocess- ‘‘TITLE II—INTEGRATED MANAGEMENT Settlement Act (43 U.S.C. 1602(c)). ing. SYSTEM ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— ‘‘(29) STORAGE.—The term ‘storage’ means SEC. 201. INTERMODAL TRANSFER. The term ‘integrated management system’ retention of spent nuclear fuel or high-level ‘‘(a) ACCESS.—The Secretary shall utilize means the system developed by the Sec- radioactive waste with the intent to recover heavy-haul truck transport to move spent retary for the acceptance, transportation, such waste or fuel for subsequent use, proc- nuclear fuel and high-level radioactive waste storage, and disposal of spent nuclear fuel essing, or disposal. from the mainline rail line at Caliente, Ne- and high-level radioactive waste under title ‘‘(30) WITHDRAWAL.—The term ‘withdrawal’ vada, to the interim storage facility site. II of this Act. has the same definition as that set forth in ‘‘(b) CAPABILITY DATE.—The Secretary ‘‘(18) INTERIM STORAGE FACILITY.—The term section 103(j) of the Federal Land Policy and shall develop the capability to commence ‘interim storage facility’ means a facility de- Management Act of 1976 (43 U.S.C. 1702(j)). rail to truck intermodal transfer at Caliente, signed and constructed for the receipt, han- ‘‘(31) YUCCA MOUNTAIN SITE.—The term Nevada, no later than November 30, 1999. dling, possession, safeguarding, and storage ‘‘Yucca Mountain site’’ means the area in Intermodal transfer and related activities of spent nuclear fuel and high-level radio- the State of Nevada that is withdrawn and are incidental to the interstate transpor- active waste in accordance with title II of reserved in accordance with this Act for the tation of spent nuclear fuel and high-level this Act. location of a repository. radioactive waste. ‘‘(c) ACQUISITIONS.—The Secretary shall ac- ‘‘(19) INTERIM STORAGE FACILITY SITE.—The ‘‘TITLE I—OBLIGATIONS quire lands and rights-of-way necessary to term ‘interim storage facility site’ means ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF commence intermodal transfer at Caliente, the specific site within Area 25 of the Nevada ENERGY. Nevada. Test Site that is designated by the Secretary ‘‘(a) DISPOSAL.—The Secretary shall de- ‘‘(d) REPLACEMENTS.—The Secretary shall and withdrawn and reserved in accordance velop and operate an integrated management acquire and develop on behalf of, and dedi- with this Act for the location of the interim system for the storage and permanent dis- cate to, the City of Caliente, Nevada, parcels storage facility. posal of spent nuclear fuel and high-level ra- of land and right-of-way within Lincoln ‘‘(20) LOW-LEVEL RADIOACTIVE WASTE.—The dioactive waste. County, Nevada, as required to facilitate re- term ‘low-level radioactive waste’ means ra- ‘‘(b) INTERIM STORAGE.—The Secretary placement of land and city wastewater dis- dioactive material that— shall store spent nuclear fuel and high-level posal facilities necessary to commence inter- ‘‘(A) is not spent nuclear fuel, high-level radioactive waste from facilities designated modal transfer pursuant to this Act. Re- radioactive waste, transuranic waste, or by- by contract holders at an interim storage fa- placement of land and city wastewater dis- product material as defined in section 11e. (2) cility pursuant to section 204 in accordance posal activities shall occur no later than No- of the Atomic Energy Act of 1954 (42 U.S.C. with the emplacement schedule, beginning vember 30, 1999. 2014(e). (2)); and not later than November 30, 1999. ‘‘(e) NOTICE AND MAP.—Within 6 months of ‘‘(B) the Commission, consistent with ex- ‘‘(c) TRANSPORTATION.—The Secretary shall the date of enactment of the Nuclear Waste isting law, classifies as low-level radioactive provide for the transportation of spent nu- Policy Act of 1997, the Secretary shall— waste. clear fuel and high-level radioactive waste ‘‘(1) publish in the Federal Register a no- ‘‘(21) METRIC TONS URANIUM.—The terms accepted by the Secretary. The Secretary tice containing a legal description of the ‘metric tons uranium’ and ‘MTU’ means the shall procure all systems and components sites and rights-of-way to be acquired under amount of uranium in the original necessary to transport spent nuclear fuel and this subsection; and unirradiated fuel element whether or not the high-level radioactive waste from facilities ‘‘(2) file copies of a map of such sites and spent nuclear fuel has been reprocessed. designated by contract holders to and among rights-of-way with the Congress, the Sec- ‘‘(22) NUCLEAR WASTE FUND.—The terms facilities comprising the Integrated Manage- retary of the Interior, the State of Nevada, ‘Nuclear Waste Fund’ and ‘waste fund’ mean ment System. Consistent with the Buy the Archivist of the United States, the Board the nuclear waste fund established in the American Act (41 U.S.C. 10a–10c), unless the of Lincoln County Commissioners, the Board United States Treasury prior to the date of Secretary shall determine it to be inconsist- of Nye County Commissioners, and the enactment of this Act under section 302(c) of ent with the public interest, or the cost to be Caliente City Council. the Nuclear Waste Policy Act of 1982. unreasonable, all such systems and compo- Such map and legal description shall have ‘‘(23) OFFICE.—The term ‘Office’ means the nents procured by the Secretary shall be the same force and effect as if they were in- Office of Civilian Radioactive Waste Manage- manufactured in the United States, with the cluded in this Act. The Secretary may cor- ment established within the Department exception of any transportable storage sys- rect clerical and typographical errors and prior to the date of enactment of this Act tems purchased by contract holders prior to legal descriptions and make minor adjust- under the provisions of the Nuclear Waste the effective date of the Nuclear Waste Pol- ments in the boundaries. Policy Act of 1982. icy Act of 1997 and procured by the Secretary ‘‘(f) IMPROVEMENTS.—The Secretary shall ‘‘(24) PROGRAM APPROACH.—The term ‘pro- from such contract holders for use in the in- make improvements to existing roadways se- gram approach’ means the Civilian Radio- tegrated management system. lected for heavy-haul truck transport be- active Waste Management Program Plan, ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— tween Caliente, Nevada, and the interim dated May 6, 1996, as modified by this Act, The Secretary shall expeditiously pursue the storage facility site as necessary to facili- and as amended from time to time by the development of each component of the inte- tate year-round safe transport of spent nu- Secretary in accordance with this Act. grated management system, and in so doing clear fuel and high-level radioactive waste. ‘‘(25) REPOSITORY.—The term ‘repository’ shall seek to utilize effective private sector ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— means a system designed and constructed management and contracting practices. The Commission shall enter into a Memoran- under title II of this Act for the geologic dis- ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In dum of Understanding with the City of posal of spent nuclear fuel and high-level ra- administering the Integrated Management Caliente and Lincoln County, Nevada, to pro- dioactive waste, including both surface and System, the Secretary shall, to the maxi- vide advice to the Commission regarding subsurface areas at which spent nuclear fuel mum extent possible, utilize, employ, pro- intermodal transfer and to facilitate on-site and high-level radioactive waste receipt, cure and contract with, the private sector to representation. Reasonable expenses of such handling, possession, safeguarding, and stor- fulfill the Secretary’s obligations and re- representation shall be paid by the Sec- age are conducted. quirements under this Act. retary. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2883

‘‘(h) BENEFITS AGREEMENT.— ‘‘(1) CONVEYANCES OF PUBLIC LANDS.—One transportation of spent nuclear fuel and ‘‘(1) IN GENERAL.—The Secretary shall offer hundred and twenty days after enactment of high-level radioactive waste to the interim to enter into an agreement with the City of this Act, all right, title and interest of the storage facility no later than November 30, Caliente and Lincoln County, Nevada con- United States in the property described in 1999. Among other things, such planning cerning the integrated management system. paragraph (2), and improvements thereon, to- shall provide a schedule and process for ad- ‘‘(2) AGREEMENT CONTENT.—Any agreement gether with all necessary easements for util- dressing and implementing, as necessary, shall contain such terms and conditions, in- ities and ingress and egress to such property, transportation routing plans, transportation cluding such financial and institutional ar- including, but not limited to, the right to contracting plans, transportation training in rangements, as the Secretary and agreement improve those easements, are conveyed by accordance with Section 203, and public edu- entity determine to be reasonable and appro- operation of law to the County of Lincoln, cation regarding transportation of spent nu- priate and shall contain such provisions as Nevada, unless the county notifies the Sec- clear fuel and high level radioactive waste; are necessary to preserve any right to par- retary of Interior or the head of such other and transportation tracking programs. ticipation or compensation of the City of appropriate agency in writing within 60 days ø‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. Caliente and Lincoln County, Nevada. of such date of enactment that it elects not ø‘‘(a) PACKAGE CERTIFICATION.—No spent ‘‘(3) AMENDMENT.—An agreement entered to take title to all or any part of the prop- nuclear fuel or high-level radioactive waste into under this subsection may be amended erty, except that any lands conveyed to the may be transported by or for the Secretary only with the mutual consent of the parties County of Lincoln under this subsection that under this Act except in packages that have to the amendment and terminated only in are subject to a Federal grazing permit or been certified for such purposes by the Com- accordance with paragraph (4). lease or a similar federally granted permit or mission. ‘‘(4) TERMINATION.—The Secretary shall lease shall be conveyed between 60 and 120 ø‘‘(b) STATE NOTIFICATION.—The Secretary terminate the agreement under this sub- days of the earliest time the Federal agency shall abide by regulations of the Commission section if any major element of the inte- administering or granting the permit or regarding advance notification of State and grated management system may not be com- lease would be able to legally terminate such local governments prior to transportation of pleted. right under the statutes and regulations ex- spent nuclear fuel or high-level radioactive ‘‘(5) LIMITATION.—Only 1 agreement may be isting at the date of enactment of this Act, waste under this Act. in effect at any one time. unless Lincoln County and the affected hold- ø‘‘(c) TECHNICAL ASSISTANCE.—The Sec- ‘‘(6) JUDICIAL REVIEW.—Decisions of the er of the permit or lease negotiate an agree- retary shall provide technical assistance and Secretary under this section are not subject ment that allows for an earlier conveyance. funds to States, units of local government, to judicial review. ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand- and Indian tribes through whose jurisdiction ‘‘(i) CONTENT OF AGREEMENT.— ing any other law, the following public lands the Secretary plans to transport substantial ‘‘(1) SCHEDULE.—In addition to the benefits depicted on the maps and legal descriptions amounts of spent nuclear fuel or high-level to which the City of Caliente and Lincoln dated October 11, 1995, shall be conveyed radioactive waste for training for public County are entitled to under this title, the under paragraph (1) to the County of Lin- safety officials of appropriate units of local Secretary shall make payments under the coln, Nevada: government. The Secretary shall also pro- benefits agreement in accordance with the Map 10: Lincoln County, Parcel M, Indus- vide technical assistance and funds for train- following schedule: trial Park Site ing directly to national nonprofit employee Map 11: Lincoln County, Parcel F, Mixed organizations which demonstrate experience BENEFITS SCHEDULE Use Industrial Site in implementing and operating worker [Amounts in millions] Map 13: Lincoln County, Parcel J, Mixed health and safety training and education Use, Alamo Community Expansion Area programs and demonstrate the ability to Event Payment Map 14: Lincoln County, Parcel E, Mixed reach and involve in training programs tar- Use, Pioche Community Expansion Area get populations of workers who are or will be (A) Annual payments prior to first receipt of spent fuel ...... 2.5 (B) Annual payments beginning upon first spent fuel receipt ...... 5 Map 15: Lincoln County, Parcel B, Landfill directly engaged in the transportation of (C) Payment upon closure of the intermodal transfer facility ...... 5 Expansion Site. spent nuclear fuel and high-level radioactive ‘‘(3) CONSTRUCTION.—The maps and legal waste, or emergency response or post-emer- ‘‘(2) DEFINITIONS.—For purposes of this sec- descriptions of special conveyances referred gency response with respect to such trans- tion, the term— to in paragraph (2) shall have the same force portation. Training shall cover procedures ‘‘(A) ‘spent fuel’ means high-level radio- and effect as if they were included in this required for safe routine transportation of active waste or spent nuclear fuel; and Act. The Secretary may correct clerical and these materials, as well as procedures for ‘‘(B) ‘first spent fuel receipt’ does not in- typographical errors in the maps and legal dealing with emergency response situations, clude receipt of spent fuel or high-level ra- descriptions and make minor adjustments in and shall be consistent with any training dioactive waste for purposes of testing or the boundaries of the sites. standards established by the Secretary of operational demonstration. ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon Transportation in accordance with sub- ‘‘(3) ANNUAL PAYMENTS.—Annual payments the request of the County of Lincoln, Ne- section (g). The Secretary’s duty to provide prior to first spent fuel receipt under para- vada, the Secretary of the Interior shall pro- technical and financial assistance under this graph (1)(A) shall be made on the date of exe- vide evidence of title transfer. subsection shall be limited to amounts speci- cution of the benefits agreement and there- ø‘‘SEC. 202. TRANSPORTATION PLANNING. fied in annual appropriations.¿ after on the anniversary date of such execu- ø‘‘(a) TRANSPORTATION READINESS.—The ‘‘SEC. 202. TRANSPORTATION PLANNING. tion. Annual payments after the first spent Secretary shall take those actions that are ‘‘(a) TRANSPORTATION READINESS.—The Sec- fuel receipt until closure of the facility necessary and appropriate to ensure that the retary— under paragraph (1)(C) shall be made on the Secretary is able to transport safely spent ‘‘(1) shall take such actions as are necessary anniversary date of such first spent fuel re- nuclear fuel and high-level radioactive waste and appropriate to ensure that the Secretary is ceipt. from sites designated by the contract holders able to transport safely spent nuclear fuel and ‘‘(4) REDUCTION.—If the first spent fuel pay- to mainline transportation facilities, using high-level radioactive waste from sites des- ment under paragraph (1)(B) is made within routes that minimize, to the maximum prac- ignated by the contract holders to mainline 6 months after the last annual payment prior ticable extent consistent with Federal re- transportation facilities and from the mainline to the receipt of spent fuel under paragraph quirements governing transportation of haz- transportation facilities to the interim storage (1)(A), such first spent fuel payment under ardous materials, transportation of spent nu- facility or repository, using routes that mini- paragraph (1)(B) shall be reduced by an clear fuel and high-level radioactive waste mize, to the maximum practicable extent consist- amount equal to 1⁄12 of such annual payment through populated areas, beginning not later ent with Federal requirements governing trans- under paragraph (1)(A) for each full month than November 30, 1999, and, by that date, portation of hazardous materials, transpor- less than 6 that has not elapsed since the last shall, in consultation with the Secretary of tation of spent nuclear fuel and high-level ra- annual payment under paragraph (1)(A). Transportation, develop and implement a dioactive waste through populated areas, begin- ‘‘(5) RESTRICTIONS.—The Secretary may comprehensive management plan that en- ning not later than November 30, 1999; and not restrict the purposes for which the pay- sures that safe transportation of spent nu- ‘‘(2) not later than November 30, 1999, shall, in ments under this section may be used. clear fuel and high-level radioactive waste consultation with the Secretary of Transpor- ‘‘(6) DISPUTE.—In the event of a dispute from the sites designated by the contract tation and affected States and tribes, develop concerning such agreement, the Secretary holders to the interim storage facility site and implement a comprehensive management shall resolve such dispute, consistent with beginning not later than November 30, 1999. plan that ensures that safe transportation of this Act and applicable State law. ø‘‘(b) TRANSPORTATION PLANNING.—In con- spent nuclear fuel and high-level radioactive ‘‘(7) CONSTRUCTION.—The signature of the junction with the development of the waste from the sites designated by the contract Secretary on a valid benefits agreement logistical plan in accordance with subsection holders to the interim storage facility site begin- under this section shall constitute a commit- (a), the Secretary shall update and modify, ning not later than that date. ment by the United States to make pay- as necessary, the Secretary’s transportation ‘‘(b) TRANSPORTATION PLANNING.— ments in accordance with such agreement institutional plans to ensure that institu- ‘‘(1) IN GENERAL.—In conjunction with the de- under section 401(c)(2). tional issues are addressed and resolved on a velopment of the logistical plan in accordance ‘‘(j) INITIAL LAND CONVEYANCES. schedule to support the commencement of with subsection (a), the Secretary shall update S2884 CONGRESSIONAL RECORD — SENATE April 9, 1997

and modify, as necessary, the Secretary’s trans- ‘‘(7) PREFERRED RAIL ROUTES.— been available to a State or Indian tribe for at portation institutional plans to ensure that in- ‘‘(A) REGULATION.—Not later than 1 year least 2 years prior to any shipment: Provided, stitutional issues are addressed and resolved on after the date of enactment of the Nuclear however, That the Secretary may ship spent nu- a schedule to support the commencement of Waste Policy Act of 1997, the Secretary of clear fuel and high-level radioactive waste if transportation of spent nuclear fuel and high- Transportation, pursuant to authority under technical assistance or funds have not been level radioactive waste to the interim storage fa- other provisions of law, shall promulgate a reg- made available due to (1) an emergency, includ- cility not later than November 30, 1999. ulation establishing procedures for the selection ing the sudden and unforeseen closure of a ‘‘(2) MATTERS TO BE ADDRESSED.—Among of preferred routes for the transportation of highway or rail line or the sudden and unfore- other things, planning under paragraph (1) spent nuclear fuel and nuclear waste by rail. seen need to remove spent fuel from a reactor shall provide a schedule and process for ad- ‘‘(B) INTERIM PROVISION.—During the period because of an accident, or (2) the refusal to ac- dressing and implementing, as necessary— beginning on the date of enactment of the Nu- cept technical assistance by a State or Indian ‘‘(A) transportation routing plans; clear Waste Policy Act of 1997 and ending on tribe, or (3) fraudulent actions which violate ‘‘(B) transportation contracting plans; the date of issuance of a final regulation under Federal law governing the expenditure of Fed- ‘‘(C) transportation training in accordance subparagraph (A), rail transportation of spent eral funds. with section 203; nuclear fuel and high-level radioactive waste ‘‘(B) In the event the Secretary is required to ‘‘(D) public education regarding transpor- shall be conducted in accordance with regu- transport spent fuel or high level radioactive tation of spent nuclear fuel and high level ra- latory requirements in effect on that date and waste through a jurisdiction prior to 2 years dioactive waste; and with this section. after the provision of technical assistance or ‘‘(E) transportation tracking programs. funds to such jurisdiction, the Secretary shall, ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. ‘‘(c) SHIPPING CAMPAIGN TRANSPORTATION prior to such shipment, hold meetings in each PLANS.— ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- State and Indian reservation through which the ‘‘(1) IN GENERAL.—The Secretary shall develop clear fuel or high-level radioactive waste may be shipping route passes in order to present initial a transportation plan for the implementation of transported by or for the Secretary under this shipment plans and receive comments. Depart- each shipping campaign (as that term is defined Act except in packages that have been certified ment of Energy personnel trained in emergency by the Secretary) from each site at which high- for such purposes by the Commission. response shall escort each shipment. Funds and level nuclear waste is stored, in accordance with ‘‘(b) STATE NOTIFICATION.—The Secretary all Department of Energy training resources the requirements stated in Department of En- shall abide by regulations of the Commission re- shall be made available to States and Indian ergy Order No. 460.2 and the Program Man- garding advance notification of State and tribal tribes along the shipping route no later than ager’s Guide. governments prior to transportation of spent nu- three months prior to the commencement of ‘‘(2) REQUIREMENTS.—A shipping campaign clear fuel or high-level radioactive waste under shipments: Provided, however, That in no event transportation plan shall— this Act. shall such shipments exceed 1,000 metric tons ‘‘(A) be fully integrated with State, and tribal ‘‘(c) TECHNICAL ASSISTANCE.— government notification, inspection, and emer- per year, And provided further, That no such ‘‘(1) IN GENERAL.— shipments shall be conducted more than four gency response plans along the preferred ship- ‘‘(A) STATES AND INDIAN TRIBES.—As provided ping route or State-designated alternative route years after the effective date of the Nuclear in paragraph (3), the Secretary shall provide Waste Policy Act of 1997. identified under subsection (d); and technical assistance and funds to States and In- ‘‘(B) be consistent with the principles and ‘‘(3) GRANTS.— dian tribes for training of public safety officials ‘‘(A) IN GENERAL.—To implement this section, procedures developed for the safe transportation of appropriate units of State, local, and tribal grants shall be made under section 401(c)(2). of transuranic waste to the Waste Isolation government. A State shall allocate to local gov- ‘‘(B) GRANTS FOR DEVELOPMENT OF PLANS.— Pilot Plant (unless the Secretary demonstrates ernments within the State a portion any funds ‘‘(i) IN GENERAL.—The Secretary shall make a that a specific principle or procedure is incon- that the Secretary provides to the State for tech- grant of at least $150,000 to each State through sistent with a provision of this Act). nical assistance and funding. the jurisdiction of which and each federally rec- ‘‘(d) SAFE SHIPPING ROUTES AND MODES.— ‘‘(B) EMPLOYEE ORGANIZATIONS.—The Sec- ognized Indian tribe through the reservation ‘‘(1) IN GENERAL.—The Secretary shall evalu- retary shall provide technical assistance and lands of which a shipment of spent nuclear fuel ate the relative safety of the proposed shipping funds for training directly to nonprofit employee or high-level radioactive waste will be made routes and shipping modes from each shipping organizations and joint labor-management orga- under this Act for the purpose of developing a origin to the interim storage facility or reposi- nizations that demonstrate experience in imple- plan to prepare for such shipments. tory compared with the safety of alternative menting and operating worker health and safety ‘‘(ii) LIMITATION.—A grant shall be made modes and routes. under clause (i) only to a State or a federally ‘‘(2) CONSIDERATIONS.—The evaluation under training and education programs and dem- recognized Indian tribe that has the authority paragraph (1) shall be conducted in a manner onstrate the ability to reach and involve in to respond to incidents involving shipments of consistent with regulations promulgated by the training programs target populations of workers hazardous material. Secretary of Transportation under authority of who are or will be directly engaged in the trans- ‘‘(C) GRANTS FOR IMPLEMENTATION OF chapter 51 of title 49, United States Code, and portation of spent nuclear fuel and high-level PLANS.— the Nuclear Regulatory Commission under au- radioactive waste, or emergency response or post-emergency response with respect to such ‘‘(i) IN GENERAL.—Annual implementation thority of the Atomic Energy Act of 1954 (42 grants shall be made to States and Indian tribes U.S.C. 2011 et seq.), as applicable. transportation. ‘‘(C) TRAINING.—Training under this section— that have developed a plan to prepare for ship- ‘‘(3) DESIGNATION OF PREFERRED SHIPPING ments under this Act under subparagraph (B). ROUTE AND MODE.—Following the evaluation ‘‘(i) shall cover procedures required for safe The Secretary, in submitting annual depart- under paragraph (1), the Secretary shall des- routine transportation of materials and proce- mental budget to Congress for funding of imple- ignate preferred shipping routes and modes from dures for dealing with emergency response situ- mentation grants under this section, shall be each civilian nuclear power reactor and Depart- ations; guided by the State and tribal plans developed ment of Energy facility that stores spent nuclear ‘‘(ii) shall be consistent with any training under subparagraph (B). As part of the Depart- fuel or other high-level defense waste. standards established by the Secretary of Trans- ment of Energy’s annual budget request, the ‘‘(4) SELECTION OF PRIMARY SHIPPING portation under subsection (g); and Secretary shall report to Congress on— ROUTE.—If the Secretary designates more than 1 ‘‘(iii) shall include— ‘‘(I) a training program applicable to persons ‘‘(I) the funds requested by states and feder- preferred route under paragraph (3), the Sec- ally recognized Indian tribes to implement this retary shall select a primary route after consid- responsible for responding to emergency situa- tions occurring during the removal and trans- subsection; ering, at a minimum, historical accident rates, ‘‘(II) the amount requested by the President portation of spent nuclear fuel and high-level population, significant hazards, shipping time, for implementation; and shipping distance, and mitigating measures such radioactive waste; ‘‘(III) the rationale for any discrepancies be- as limits on the speed of shipments. ‘‘(II) instruction of public safety officers in tween the amounts requested by States and fed- ‘‘(5) USE OF PRIMARY SHIPPING ROUTE AND procedures for the command and control of the erally recognized Indian tribes and the amounts MODE.—Except in cases of emergency, for all response to any incident involving the waste; requested by the President. shipments conducted under this Act, the Sec- and ‘‘(ii) ALLOCATION.—Of funds available for retary shall cause the primary shipping route ‘‘(III) instruction of radiological protection grants under this subparagraph for any fiscal and mode or State-designated alternative route and emergency medical personnel in procedures year— under chapter 51 of title 49, United States Code, for responding to an incident involving spent ‘‘(I) 25 percent shall be allocated by the Sec- to be used. If a route is designated as a primary nuclear fuel or high-level radioactive waste retary to ensure minimum funding and program route for any reactor or Department of Energy being transported. capability levels in all States and Indian tribes facility, the Secretary may use that route to ‘‘(2) NO SHIPMENTS IF NO TRAINING.—(A) There based on plans developed under subparagraph transport spent nuclear fuel or high-level radio- will be no shipments of spent nuclear fuel and (B); and active waste from any other reactor or Depart- high-level radioactive waste through the juris- ‘‘(II) 75 percent shall be allocated to States ment of Energy facility. diction of any State or the reservation lands of and Indian tribes in proportion to the number of ‘‘(6) TRAINING AND TECHNICAL ASSISTANCE.— any Indian tribe eligible for grants under para- shipment miles that are projected to be made in Following selection of the primary shipping graph (3)(B) unless technical assistance and total shipments under this Act through each ju- routes, or State-designated alternative routes, funds to implement procedures for safe routine risdiction. the Secretary shall focus training and technical transportation and for dealing with emergency ‘‘(4) AVAILABILITY OF FUNDS FOR SHIP- assistance under section 203(c) on those routes. response situations under paragraph (1)(A) have MENTS.—Funds under paragraph (1) shall be April 9, 1997 CONGRESSIONAL RECORD — SENATE S2885 provided for shipments to an interim storage fa- ‘‘(4) There is authorized to be appropriated Act shall be deemed to be approved by law cility or repository, regardless of whether the in- to the Secretary of Transportation, from for purposes of this section. terim storage facility or repository is operated general revenues, such sums as may be nec- ‘‘(2) Upon the designation of an interim by a private entity or by the Department of En- essary to perform his duties under this sub- storage facility site by the President under ergy. section. paragraph (1)(D), the Secretary shall proceed ‘‘(d) PUBLIC EDUCATION.—The Secretary ‘‘SEC. 204. INTERIM STORAGE. forthwith and without further delay with all activities necessary to begin storing spent shall conduct a program to educate the pub- ‘‘(a) AUTHORIZATION.—The Secretary shall nuclear fuel and high-level radioactive waste lic regarding the transportation of spent nu- design, construct, and operate a facility for at an interim storage facility at the des- clear fuel and high-level radioactive waste, the interim storage of spent nuclear fuel and ignated site, except that the Secretary shall with an emphasis upon those States, units of high-level radioactive waste at the interim local government, and Indian tribes through not begin any construction activities at the storage facility site. The interim storage fa- designated interim storage facility site be- whose jurisdiction the Secretary plans to cility shall be subject to licensing pursuant transport substantial amounts of spent nu- fore the designated interim storage facility to the Atomic Energy Act of 1954 in accord- clear fuel or high-level radioactive waste. site is approved by law. ance with the Commission’s regulations gov- ‘‘(e) COMPLIANCE WITH TRANSPORTATION ‘‘(c) DESIGN.— erning the licensing of independent spent REGULATIONS.—Any person that transports ‘‘(1) The interim storage facility shall be spent nuclear fuel or high-level radioactive fuel storage installations, which regulations designed in two phases in order to commence waste under the Nuclear Waste Policy Act of shall be amended by the Commission as nec- operations no later than November 30, 1999. essary to implement the provisions of this ø1986¿ 1997, pursuant to a contract with the The design of the interim storage facility Secretary, shall comply with all require- Act. The interim storage facility shall com- shall provide for the use of storage tech- ments governing such transportation issued mence operation in phases in accordance nologies, licensed, approved, or certified by by the Federal, State, and local govern- with subsection (b). the Commission for use at the interim stor- ments, and Indian tribes, in the same way ‘‘(b) SCHEDULE.—(1) The Secretary shall age facility as necessary to ensure compat- and to the same extent that any person en- proceed forthwith and without further delay ibility between the interim storage facility gaging in that transportation that is in or with all activities necessary to begin storing and contract holders’ spent nuclear fuel and affects interstate commerce must comply spent nuclear fuel and high-level radioactive facilities, and to facilitate the Secretary’s with such requirements, as required by 49 waste at the interim storage facility at the ability to meet the Secretary’s obligations U.S.C. sec. 5126. interim storage facility site by November 30, under this Act. ‘‘(f) EMPLOYEE PROTECTION.—Any person 1999, except that: ‘‘(2) The Secretary shall consent to an engaged in the interstate commerce of spent ‘‘(A) The Secretary shall not begin any amendment to the contracts to provide for nuclear fuel or high-level radioactive waste construction activities at the interim stor- reimbursement to contract holders for trans- under contract to the Secretary pursuant to age facility site before December 31, 1998. portable storage systems purchased by con- this Act shall be subject to and comply fully ‘‘(B) The Secretary shall cease all activi- tract holders if the Secretary determines with the employee protection provisions of ties (except necessary termination activi- that it is cost effective to use such trans- 49 U.S.C. 20109 and 49 U.S.C. 31105. ties) at the Yucca Mountain site if the Presi- portable storage systems as part of the inte- ‘‘(g) TRAINING STANDARD.—(1) No later than dent determines, in his discretion, on or be- grated management system, provided that 12 months after the date of enactment of the fore December 31, 1998, based on a preponder- the Secretary shall not be required to expend Nuclear Waste Policy Act of 1997, the Sec- ance of the information available at such any funds to modify contract holders’ stor- retary of Transportation, pursuant to au- time, that the Yucca Mountain site is un- age or transport systems or to seek addi- thority under other provisions of law, in con- suitable for development as a repository, in- tional regulatory approvals in order to use sultation with the Secretary of Labor and cluding geologic and engineered barriers, be- such systems. the Commission, shall promulgate a regula- cause of a substantial likelihood that a re- ‘‘(d) LICENSING.— tion establishing training standards applica- pository of useful size cannot be designed, li- ‘‘(1) PHASES.—The interim storage facility ble to workers directly involved in the re- censed, and constructed at the Yucca Moun- shall be licensed by the Commission in two moval and transportation of spent nuclear tain site. phases in order to commence operations no fuel and high-level radioactive waste. The ‘‘(C) No later than June 30, 1998, the Sec- later than November 30, 1999. regulation shall specify minimum training retary shall provide to the President and to ‘‘(2) FIRST PHASE.—No later than 12 months standards applicable to workers, including the Congress a viability assessment of the after the date of enactment of the Nuclear managerial personnel. The regulation shall Yucca Mountain site. The viability assess- Waste Policy Act of 1997, the Secretary shall require that the employer possess evidence ment shall include— submit to the Commission an application for of satisfaction of the applicable training ‘‘(i) the preliminary design concept for the a license for the first phase of the interim standard before any individual may be em- critical elements of the repository and waste storage facility. The Environmental Report ployed in the removal and transportation of package, and Safety Analysis Report submitted in spent nuclear fuel and high-level radioactive ‘‘(ii) a total system performance assess- support of such license application shall be waste. ment, based upon the design concept and the consistent with the scope of authority re- ‘‘(2) If the Secretary of Transportation de- scientific data and analysis available by quested in the license application. The li- termines, in promulgating the regulation re- June 30, 1998, describing the probable behav- cense issued for the first phase of the interim quired by subparagraph (1), that regulations ior of the repository in the Yucca Mountain storage facility shall have a term of 20 years. promulgated by the Commission establish geologic setting relative to the overall sys- The interim storage facility licensed in the adequate training standards for workers, tem performance standard set forth in sec- first phase shall have a capacity of not more then the Secretary of Transportation can re- tion 205(d) of this Act, than 15,000 MTU. The Commission shall issue frain from promulgating additional regula- ‘‘(iii) a plan and cost estimate for the re- a final decision granting or denying the ap- tions with respect to worker training in such maining work required to complete a license plication for the first phase license no later activities. The Secretary of Transportation application, and than 16 months from the date of the submit- and the Commission shall work through ‘‘(iv) an estimate of the costs to construct tal of the application for such license. their Memorandum of Understanding to en- and operate the repository in accordance ‘‘(3) SECOND PHASE.—No later than 30 sure coordination of worker training stand- with the design concept. months after the date of enactment of the ards and to avoid duplicative regulation. ‘‘(D) Within 18 months of a determination Nuclear Waste Policy Act of 1997, the Sec- ‘‘(3) The training standards required to be by the President that the Yucca Mountain retary shall submit to the Commission an promulgated under subparagraph (1) shall, site is unsuitable for development as a repos- application for a license for the second phase among other things deemed necessary and itory under subparagraph (B), the President interim storage facility. The license for the appropriate by the Secretary of Transpor- shall designate a site for the construction of second phase facility shall authorize a stor- tation, include the following provisions— an interim storage facility. The President age capacity of 40,000 MTU. If the Secretary ‘‘(A) a specified minimum number of hours shall not designate the Hanford Nuclear Res- does not submit the license application for of initial offsite instruction and actual field ervation in the State of Washington as a site for construction of a respository by February 1, experience under the direct supervision of a construction of an interim storage facility. If 2002, or does not begin full spent nuclear fuel trained, experienced supervisor; the President does not designate a site for receipt operations at a repository by Janu- ‘‘(B) a requirement that onsite managerial the construction of an interim storage facil- ary 17, 2010, the license shall authorize a personnel receive the same training as work- ity, or the construction of an interim stor- storage capacity of 60,000 MTU. The license ers, and a minimum number of additional age facility at the designated site is not ap- application shall be submitted such that the hours of specialized training pertinent to proved by law within 24 months of the Presi- license can be issued to permit the second their managerial responsibilities; and dent’s determination that the Yucca Moun- phase facility to begin full spent nuclear fuel ‘‘(C) a training program applicable to per- tain site is not suitable for development as a receipt operations no later than December sons responsible for responding to and clean- repository, the Secretary shall begin con- 31, 2002. The license for the second phase ing up emergency situations occurring dur- struction of an interim storage facility at shall have an initial term of up to 100 years, ing the removal and transportation of spent the interim storage facility site as defined in and shall be renewable for additional terms nuclear fuel and high-level radioactive section 2(19) of this Act. The interim storage upon application of the Secretary. waste. facility site as defined in section 2(19) of this ‘‘(e) ADDITIONAL AUTHORITY.— S2886 CONGRESSIONAL RECORD — SENATE April 9, 1997

‘‘(1) CONSTRUCTION.—For purposes of com- ‘‘(A) FINAL DECISION.—A final decision by ‘‘(j) SAVINGS CLAUSE.—The Commission plying with this section, the Secretary may the Commission to grant or deny a license shall, by rule, establish procedures for the li- commence site preparation for the interim application for the first or second phase of censing of any technology for the dry stor- storage facility as soon as practicable after the interim storage facility shall be accom- age of spent nuclear fuel by rule and with- the date of enactment of the Nuclear Waste panied by an Environmental Impact State- out, to the maximum extent possible, the Policy Act of 1997 and shall commence con- ment prepared under section 102(2)(C) of the need for site-specific approvals by the Com- struction of each phase of the interim stor- National Environmental Policy Act of 1969 mission. Nothing in this Act shall affect any age facility subsequent to submittal of the (42 U.S.C. 4332(2)(C)). In preparing such Envi- such procedures, or any licenses or approvals license application for such phase except ronmental Impact Statement, the Commis- issued pursuant to such procedures in effect that the Commission shall issue an order sion— on the date of enactment. suspending such construction at any time if ‘‘(i) shall ensure that the scope of the Envi- ‘‘SEC. 205. PERMANENT REPOSITORY. the Commission determines that such con- ronmental Impact Statement is consistent ‘‘(a) REPOSITORY CHARACTERIZATION.— struction poses an unreasonable risk to pub- with the scope of the licensing action; and ‘‘(1) GUIDELINES.—The guidelines promul- lic health and safety or the environment. ‘‘(ii) shall analyze the impacts of the trans- gated by the Secretary and published at 10 The Commission shall terminate all or part portation of spent nuclear fuel and high-level CFR part 960 are annulled and revoked and of such order upon a determination that the radioactive waste to the interim storage fa- the Secretary shall make no assumptions or Secretary has taken appropriate action to cility in a generic manner. conclusions about the licensability of the eliminate such risk. ‘‘(B) CONSIDERATIONS.—Such Environ- Yucca Mountain site as a repository by ref- ‘‘(2) FACILITY USE.—Notwithstanding any mental Impact Statement shall not con- erence to such guidelines. otherwise applicable licensing requirement, sider— ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— the Secretary may utilize any facility owned ‘‘(i) the need for the interim storage facil- The Secretary shall carry out appropriate by the Federal Government on the date of ity, including any individual component site characterization activities at the Yucca enactment of the Nuclear Waste Policy Act thereof; Mountain site in accordance with the Sec- of 1997 within the boundaries of the interim ‘‘(ii) the time of the initial availability of retary’s program approach to site character- storage facility site, in connection with an the interim storage facility; ization. The Secretary shall modify or elimi- imminent and substantial endangerment to ‘‘(iii) any alternatives to the storage of nate those site characterization activities public health and safety at the interim stor- spent nuclear fuel and high-level radioactive designed only to demonstrate the suitability age facility prior to commencement of oper- waste at the interim storage facility; of the site under the guidelines referenced in ations during the second phase. ‘‘(iv) any alternatives to the site of the fa- paragraph (1). ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.— cility as designated by the Secretary in ac- ‘‘(3) SCHEDULE DATE.—Consistent with the Subject to paragraph (i), øonce the Secretary cordance with subsection (a); schedule set forth in the program approach, has achieved¿ in each year in which the actual ‘‘(v) any alternatives to the design criteria as modified to be consistent with the Nu- emplacement rate is greater than the annual for such facility or any individual compo- clear Waste Policy Act of 1997, no later than acceptance rate for spent nuclear fuel from nent thereof, as specified by the Secretary in February 1, 2002, the Secretary shall apply to civilian nuclear power reactors established the license application; or the Commission for authorization to con- pursuant to the contracts executed prior to ‘‘(vi) the environmental impacts of the struct a repository. If, at any time prior to the date of enactment of the Nuclear Waste storage of spent nuclear fuel and high-level the filing of such application, the Secretary Policy Act of 1997, as set forth in the Sec- radioactive waste at the interim storage fa- determines that the Yucca Mountain site retary’s annual capacity report dated March cility beyond the initial term of the license cannot satisfy the Commission’s regulations 1995 (DOE/RW–0457), the Secretary shall ac- or the term of the renewal period for which applicable to the licensing of a geologic re- cept, in an amount not less than 25 percent a license renewal application is made. pository, the Secretary shall terminate site of the difference between the contractual ac- ‘‘(g) JUDICIAL REVIEW.—Judicial review of characterization activities at the site, notify ceptance rate and the øannual¿ actual em- the Commission’s environmental impact Congress and the State of Nevada of the Sec- placement rate for spent nuclear fuel from statement under the National Environ- retary’s determination and the reasons civilian nuclear power reactors established mental Policy Act of 1969 (42 U.S.C. 4321 et therefor, and recommend to Congress not under section 507(a), the following radio- seq.) shall be consolidated with judicial re- later than 6 months after such determina- active materials: view of the Commission’s licensing decision. tion furthers actions, including the enact- ‘‘(A) spent nuclear fuel or high-level radio- No court shall have jurisdiction to enjoin the ment of legislation, that may be needed to construction or operation of the interim active waste of domestic origin from civilian manage the Nation’s spent nuclear fuel and storage facility prior to its final decision on nuclear power reactors that have perma- high-level radioactive waste. review of the Commission’s licensing action. nently ceased operation on or before the date ‘‘(4) MAXIMIZING CAPACITY.—In developing ‘‘(h) WASTE CONFIDENCE.—The Secretary’s of enactment of the Nuclear Waste Policy an application for authorization to construct Act of 1997; obligation to construct and operate the in- terim storage facility in accordance with the repository, the Secretary shall seek to ‘‘(B) spent nuclear fuel from foreign re- maximize the capacity of the repository, in search reactors, as necessary to promote this section and the Secretary’s obligation to develop an integrated management sys- the most cost-effective manner, consistent nonproliferation objectives; and with the need for disposal capacity. ‘‘(C) spent nuclear fuel, including spent nu- tem in accordance with the provisions of this Act, shall provide sufficient and independent ‘‘(b) REPOSITORY LICENSING.—Upon the clear fuel from naval reactors, and high-level completion of any licensing proceeding for radioactive waste from atomic energy de- grounds for any further findings by the Com- mission of reasonable assurance that spent the first phase of the interim storage facil- fense activities: Provided, however, That the ity, the Commission shall amend its regula- Secretary shall accept not less than 5 percent of nuclear fuel and high-level radioactive waste will be disposed of safely and on a timely tions governing the disposal of spent nuclear the total quantity of spent fuel accepted in any basis for purposes of the Commission’s deci- fuel and high-level radioactive waste in geo- one year from the categories of radioactive ma- sion to grant or amend any license to oper- logic repositories to the extent necessary to terials described in subparagraphs (B) and (C). ate any civilian nuclear power reactor under comply with this Act. Subject to subsection ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT the Atomic Energy Act of 1954 (42 U.S.C. 2011 (c), such regulations shall provide for the li- OF 1969.— et seq.). censing of the repository according to the ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR following procedures: TIES.—The Secretary’s and President’s ac- FUEL AND HIGH-LEVEL RADIOACTIVE WASTE.— ‘‘(1) CONSTRUCTION AUTHORIZATION.—The tivities under this section, including, but not No later than 18 months following the date Commission shall grant the Secretary a con- limited to, the selection of a site for the in- of enactment of the Nuclear Waste Policy struction authorization for the repository terim storage facility, assessments, deter- Act of 1997, the Commission shall, by rule, upon determining that there is reasonable minations and designations made under sec- establish criteria for the storage in the in- assurance that spent nuclear fuel and high- tion 204(b), the preparation and submittal of terim storage facility of fuel and waste list- level radioactive waste can be disposed of in a license application and supporting docu- ed in subsection (e)(3) (A) through (C), to the the repository— mentation, the construction of a facility extent such criteria are not included in regu- ‘‘(A) in conformity with the Secretary’s under paragraph (e)(1) of this section, and fa- lations issued by the Commission and exist- application, the provisions of this Act, and cility use pursuant to paragraph (e)(2) of this ing on the date of enactment of the Nuclear the regulations of the Commission; section shall be considered preliminary deci- Waste Policy Act of 1997. Following estab- ‘‘(B) without unreasonable risk to the sionmaking activities for purposes of judi- lishment of such criteria, the Secretary shall health and safety of the public; and cial review. The Secretary shall not prepare seek authority, as necessary, to store fuel ‘‘(C) consistent with the common defense an environmental impact statement under and waste listed in subsection (e)(3) (A) and security. section 102(2)(C) of the National Environ- through (C) at the interim storage facility. ‘‘(2) LICENSE.—Following substantial com- mental Policy Act of 1969 (42 U.S.C. None of the activities carried out pursuant pletion of construction and the filing of any 4332(2)(C)) or any environmental review to this subsection shall delay, or otherwise additional information needed to complete under subparagraph (E) or (F) of such Act be- affect, the development, construction, li- the license application, the Commission fore conducting these activities. censing, or operation of the interim storage shall issue a license to dispose of spent nu- ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— facility. clear fuel and high-level radioactive waste in April 9, 1997 CONGRESSIONAL RECORD — SENATE S2887 the repository if the Commission determines expose an average member of the general under subsection (b)(1), a license under sub- that the repository has been constructed and population in the vicinity of the Yucca section (b)(2), or a license amendment under will operate— Mountain site to an annual dose in excess of subsection (b)(3). To the extent such state- ‘‘(A) in conformity with the Secretary’s 100 millirems unless the Commission deter- ment or supplement is adopted by the Com- application, the provisions of this Act, and mines by rule that such standard would con- mission, such adoption shall be deemed to the regulations of the Commission; stitute an unreasonable risk to health and also satisfy the responsibilities of the Com- ‘‘(B) without unreasonable risk to the safety and establishes by rule another stand- mission under the National Environmental health and safety of the public; and ard which will protect health and safety. Policy Act of 1969, and no further consider- ‘‘(C) consistent with the common defense Such standard shall constitute an overall ation shall be required, except that nothing and security. system performance standard. in this subsection shall affect any independ- ‘‘(3) CLOSURE.—After emplacing spent nu- ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- ent responsibilities of the Commission to clear fuel and high-level radioactive waste in FORMANCE STANDARD.—The Commission shall protect the public health and safety under the repository and collecting sufficient con- issue the license if it finds reasonable assur- the Atomic Energy Act of 1954. In any such firmatory data on repository performance to ance that for the first 1,000 years following statement or supplement prepared with re- reasonably confirm the basis for repository the commencement of repository operations, spect to the repository, the Commission closure consistent with the Commission’s the overall system performance standard shall not consider the need for a repository, regulations applicable to the licensing of a will be met based on a probabilistic evalua- or alternate sites or designs for the reposi- repository, as modified in accordance with tion, as appropriate, of compliance with the tory. this Act, the Secretary shall apply to the overall system performance standard in ‘‘(f) JUDICIAL REVIEW.—No court shall have Commission to amend the license to permit paragraph (1). jurisdiction to enjoin issuance of the Com- permanent closure of the repository. The ‘‘(3) FACTORS.—For purposes of making the mission repository licensing regulations Commission shall grant such license amend- finding in paragraph (2)— prior to its final decision on review of such ment upon finding that there is reasonable ‘‘(A) the Commission shall not consider regulations. catastrophic events where the health con- assurance that the repository can be perma- ‘‘SEC. 206. LAND WITHDRAWAL. sequences of individual events themselves nently closed— ‘‘(a) WITHDRAWAL AND RESERVATION.— can be reasonably assumed to exceed the ‘‘(A) in conformity with the Secretary’s ‘‘(1) WITHDRAWAL.—Subject to valid exist- application to amend the license, the provi- health consequences due to the impact of the events on repository performance; ing rights, the interim storage facility site sions of this Act, and the regulations of the and the Yucca Mountain site, as described in Commission; ‘‘(B) for the purpose of this section, an av- erage member of the general population in subsection (b), are withdrawn from all forms ‘‘(B) without unreasonable risk to the of entry, appropriation, and disposal under health and safety of the public; and the vicinity of the Yucca Mountain site means a person whose physiology, age, gen- the public land laws, including the mineral ‘‘(C) consistent with the common defense leasing laws, the geothermal leasing laws, and security. eral health, agricultural practices, eating habits, and social behavior represent the av- the material sale laws, and the mining laws. ‘‘(4) POST-CLOSURE.—The Secretary shall erage for persons living in the vicinity of the ‘‘(2) JURISDICTION.—Jurisdiction of any take those actions necessary and appropriate land within the interim storage facility site at the Yucca Mountain site to prevent any site. Extremes in social behavior, eating habits, or other relevant practices or charac- and the Yucca Mountain site managed by the activity at the site subsequent to repository teristics shall not be considered; and Secretary of the Interior or any other Fed- closure that poses an unreasonable risk of— ‘‘(C) the Commission shall assume that, eral officer is transferred to the Secretary. ‘‘(A) breaching the repository’s engineered following repository closure, the inclusion of ‘‘(3) RESERVATION.—The interim storage fa- or geologic barriers; or engineered barriers and the Secretary’s post- cility site and the Yucca Mountain site are ‘‘(B) increasing the exposure of individual closure actions at the Yucca Mountain site, reserved for the use of the Secretary for the members of the public to radiation beyond in accordance with subsection (b)(4), shall be construction and operation, respectively, of the release standard established in sub- sufficient to— the interim storage facility and the reposi- section (d)(1). ‘‘(i) prevent any human activity at the site tory and activities associated with the pur- ‘‘(c) MODIFICATION OF REPOSITORY LICENS- that poses an unreasonable risk of breaching poses of this title. ING PROCEDURE.—The Commission’s regula- ‘‘(b) LAND DESCRIPTION.— tions shall provide for the modification of the repository’s engineered or geologic bar- riers; and ‘‘(1) BOUNDARIES.—The boundaries depicted the repository licensing procedure, as appro- on the map entitled ‘‘Interim Storage Facil- priate, in the event that the Secretary seeks ‘‘(ii) prevent any increase in the exposure ity Site Withdrawal Map,’’ dated March 13, a license to permit the emplacement in the of individual members of the public to radi- 1996, and on file with the Secretary, are es- repository, on a retrievable basis, of spent ation beyond the allowable limits specified tablished as the boundaries of the Interim nuclear fuel or high-level radioactive waste in paragraph (1). Storage Facility site. as is necessary to provide the Secretary with ‘‘(4) ADDITIONAL ANALYSIS.—The Commis- ‘‘(2) BOUNDARIES.—The boundaries depicted sufficient confirmatory data on repository sion shall analyze the overall system per- on the map entitled ‘Yucca Mountain Site performance to reasonably confirm the basis formance through the use of probabilistic for repository closure consistent with appli- evaluations that use best estimate assump- Withdrawal Map,’ dated July 9, 1996, and on cable regulations. tions, data, and methods for the period com- file with the Secretary, are established as ‘‘(d) REPOSITORY LICENSING STANDARDS.— mencing after the first 1,000 years of oper- the boundaries of the Yucca Mountain site. The Administrator of the Environmental ation of the repository and terminating at ‘‘(3) NOTICE AND MAPS.—Within 6 months of Protection Agency shall, pursuant to author- 10,000 years after the commencement of oper- the date of the enactment of the Nuclear ity under others provisions of law, issue gen- ation of the repository. Waste Policy Act of 1997, the Secretary erally applicable standards for the protec- ‘‘(e) NATIONAL ENVIRONMENTAL POLICY shall— tion of the public from releases of radio- ACT.— ‘‘(A) publish in the Federal Register a no- active materials or radioactivity from the ‘‘(1) SUBMISSION OF STATEMENT.—Construc- tice containing a legal description of the in- repository. Such standards shall be consist- tion and operation of the repository shall be terim storage facility site; and ent with the overall system performance considered a major Federal action signifi- ‘‘(B) file copies of the maps described in standard established by this subsection un- cantly affecting the quality of the human en- paragraph (1), and the legal description of less the Administrator determines by rule vironment for purposes of the National Envi- the interim storage facility site with the that the overall system performance stand- ronmental Policy Act of 1969 (42 U.S.C. 4321 Congress, the Secretary of the Interior, the ard would constitute an unreasonable risk to et seq.). The Secretary shall submit an envi- Governor of Nevada, and the Archivist of the health and safety. The Commission’s reposi- ronmental impact statement on the con- United States. tory licensing determinations for the protec- struction and operation of the repository to ‘‘(4) NOTICE AND MAPS.—Concurrent with tion of the public shall be based solely on a the Commission with the license application the Secretary’s application to the Commis- finding whether the repository can be oper- and shall supplement such environmental sion for authority to construct the reposi- ated in conformance with the overall system impact statement as appropriate. tory, the Secretary shall— performance standard established in para- ‘‘(2) CONSIDERATIONS.—For purposes of ‘‘(A) publish in the Federal Register a no- graph (1), applied in accordance with the pro- complying with the requirements of the Na- tice containing a legal description of the visions of paragraph (2), and the Administra- tional Environmental Policy Act of 1969 and Yucca Mountain site; and tor’s radiation protection standards. The this section, the Secretary shall not consider ‘‘(B) file copies of the maps described in Commission shall amend its regulations in in the environmental impact statement the paragraph (2), and the legal description of accordance with subsection (b) to incor- need for the repository, or alternative sites the Yucca Mountain site with the Congress, porate each of the following licensing stand- or designs for the repository. the Secretary of the Interior, the Governor ards: ‘‘(3) ADOPTION BY COMMISSION.—The Sec- of Nevada, and the Archivist of the United ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM retary’s environmental impact statement States. PERFORMANCE STANDARD.—The standard for and any supplements thereto shall, to the ex- ‘‘(5) CONSTRUCTION.—The maps and legal protection of the public from release of ra- tent practicable, be adopted by the Commis- descriptions of the interim storage facility dioactive material or radioactivity from the sion in connection with the issuance by the site and the Yucca Mountain site referred to repository shall prohibit releases that would Commission of a construction authorization in this subsection shall have the same force S2888 CONGRESSIONAL RECORD — SENATE April 9, 1997

and effect as if they were included in this ‘‘(B) ACTIVITIES.—Any affected Indian tribe the Secretary shall be conveyed under sub- Act. The Secretary may correct clerical and or affected unit of local government may not section (a) to the County of Nye, Nevada: typographical errors in the maps and legal receive any further assistance under this sec- Map 1: Proposed Pahrump Industrial Park descriptions and make minor adjustments in tion if the integrated management system Site the boundaries of the sites. activities at such site are terminated by the Map 2: Proposed Lathrop Wells (Gate 510) ‘‘TITLE III—LOCAL RELATIONS Secretary or if such activities are perma- Industrial Park Site ‘‘SEC. 301. FINANCIAL ASSISTANCE. nently enjoined by any court. Map 3: Pahrump Landfill Sites Map 4: Amargosa Valley Regional Landfill ‘‘(a) GRANTS.—The Secretary is authorized ‘‘SEC. 302. ON-SITE REPRESENTATIVE. to make grants to any affected Indian tribe ‘‘The Secretary shall offer to the unit of Site or affected unit of local government for pur- local government within whose jurisdiction a Map 5: Amargosa Valley Municipal Land- poses of enabling the affected Indian tribe or site for an interim storage facility or reposi- fill Site affected unit of local government— tory is located under this Act an opportunity Map 6: Beatty Landfill/Transfer Station ‘‘(1) to review activities taken with respect to designate a representative to conduct on- Site to the Yucca Mountain site for purposes of site oversight activities at such site. The Map 7: Round Mountain Landfill Site determining any potential economic, social, Secretary is authorized to pay the reason- Map 8: Tonopah Landfill Site public health and safety, and environmental able expenses of such representative. Map 9: Gabbs Landfill Site. ‘‘(3) CONSTRUCTION.—The maps and legal impacts of the integrated management sys- ‘‘SEC. 303. ACCEPTANCE OF BENEFITS. descriptions of special conveyances referred tem on the affected Indian tribe or the af- ‘‘(a) CONSENT.—The acceptance or use of to in subsection (b) shall have the same force fected unit of local government and its resi- any of the benefits provided under this title and effect as if they were included in this dents; by any affected Indian tribe or affected unit Act. The Secretary may correct clerical and ‘‘(2) to develop a request for impact assist- of local government shall not be deemed to typographical errors in the maps and legal ance under subsection (c); be an expression of consent, express, or im- descriptions and make minor adjustments in ‘‘(3) to engage in any monitoring, testing, plied, either under the Constitution of the the boundaries of the sites. or evaluation activities with regard to such State or any law thereof, to the siting of an ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon site; interim storage facility or repository in the the request of the County of Nye, Nevada, ‘‘(4) to provide information to residents re- State of Nevada, any provision of such Con- the Secretary of the Interior shall provide garding any activities of the Secretary, or stitution or laws to the contrary notwith- evidence of title transfer. the Commission with respect to such site; standing. and ‘‘(b) ARGUMENTS.—Neither the United ‘‘TITLE IV—FUNDING AND ORGANIZATION ‘‘(5) to request information from, and make States nor any other entity may assert any ‘‘SEC. 401. PROGRAM FUNDING. comments and recommendations to, the Sec- argument based on legal or equitable estop- ‘‘(a) CONTRACTS.— retary regarding any activities taken with pel, or acquiescence, or waiver, or consensual ‘‘(1) AUTHORITY OF SECRETARY.—In the per- respect to such site. involvement, in response to any decision by formance of the Secretary’s functions under ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any the State to oppose the siting in Nevada of this Act, the Secretary is authorized to enter salary or travel expense that would ordi- an interim storage facility or repository pre- into contracts with any person who gen- narily be incurred by any affected Indian mised upon or related to the acceptance or erates or holds title to spent nuclear fuel or tribe or affected unit of local government use of benefits under this title. high-level radioactive waste of domestic ori- may not be considered eligible for funding ‘‘(c) LIABILITY.—No liability of any nature gin for the acceptance of title and posses- under this section. shall accrue to be asserted against any offi- sion, transportation, interim storage, and ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- cial of any governmental unit of Nevada pre- disposal of such waste or spent fuel. Such ANCE.— mised solely upon the acceptance or use of contracts shall provide for payment of an- ‘‘(1) ASSISTANCE REQUESTS.—The Secretary benefits under this title. nual fees to the Secretary in the amounts set is authorized to offer to provide financial by the Secretary pursuant to paragraphs (2) and technical assistance to any affected In- ‘‘SEC. 304. RESTRICTIONS ON USE OF FUNDS. and (3). Except as provided in paragraph (3), dian tribe or affected unit of local govern- ‘‘None of the funding provided under this fees assessed pursuant to this paragraph ment requesting such assistance. Such as- title may be used— shall be paid to the Treasury of the United sistance shall be designed to mitigate the ‘‘(1) directly or indirectly to influence leg- States and shall be available for use by the impact on the affected Indian tribe or af- islative action on any matter pending before Secretary pursuant to this section until ex- fected unit of local government of the devel- Congress or a State legislature or for any pended. Subsequent to the date of enactment opment of the integrated management sys- lobbying activity as provided in section 1913 tem. of title 18, United States Code; of the Nuclear Waste Policy Act of 1997, the contracts executed under section 302(a) of ‘‘(2) REPORT.—Any affected Indian tribe or ‘‘(2) for litigation purposes; and affected unit of local government may re- ‘‘(3) to support multistate efforts or other the Nuclear Waste Policy Act of 1982 shall quest assistance under this section by pre- coalition-building activities inconsistent continue in effect under this Act, provided paring and submitting to the Secretary a re- with the purposes of this Act. that the Secretary shall consent to an port on the economic, social, public health ‘‘SEC. 305. LAND CONVEYANCES. amendment to such contracts as necessary and safety, and environmental impacts that ‘‘(a) CONVEYANCES OF PUBLIC LANDS.—One to implement the provisions of this Act. are likely to result from activities of the in- hundred and twenty days after enactment of ‘‘(2) ANNUAL FEES.— tegrated management system. this Act, all rights, title and interest of the ‘‘(A) For electricity generated by civilian ‘‘(d) OTHER ASSISTANCE.— United States in the property described in nuclear power reactors and sold between ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- subsection (b), and improvements thereon, January 7, 1983, and September 30, ø2002¿ nancial assistance provided under this sub- together with all necessary easements for 2003, the fee under paragraph (1) shall be section, the Secretary is authorized to grant utilities and ingress and egress to such prop- equal to 1.0 mill per kilowatt hour generated to any affected Indian tribe or affected unit erty, including, but not limited to, the right and sold. For electricity generated by civil- of local government an amount each fiscal to improve those easements, are conveyed by ian nuclear power reactors and sold on or year equal to the amount such affected In- operation of law to the County of Nye, Ne- after October 1, ø2002¿ 2003, the aggregate dian tribe or affected unit of local govern- vada, unless the county notifies the Sec- amount of fees collected during each fiscal ment, respectively, would receive if author- retary of the Interior or the head of such year shall be no greater than the annual ized to tax integrated management system other appropriate agency in writing within level of appropriations for expenditures on activities, as such affected Indian tribe or af- 60 days of such date of enactment that it those activities consistent with subsection fected unit of local government taxes the elects not to take title to all or any part of (d) for that fiscal year, minus— non-Federal real property and industrial ac- the property, except that any lands conveyed ‘‘(i) any unobligated balance collected pur- tivities occurring within such affected unit to the County of Nye under this subsection suant to this section during the previous fis- of local government. that are subject to a Federal grazing permit cal year; and ‘‘(2) TERMINATION.—Such grants shall con- or lease or a similar federally granted permit ‘‘(ii) the percentage of such appropriation tinue until such time as all such activities, or lease shall be conveyed between 60 and 120 required to be funded by the Federal Govern- development, and operations are terminated days of the earliest time the Federal agency ment pursuant to section 403; at such site. administering or granting the permit or The Secretary shall determine the level of ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND lease would be able to legally terminate such the annual fee for each civilian nuclear UNITS OF LOCAL GOVERNMENT.— right under the statutes and regulations ex- power reactor based on the amount of elec- ‘‘(A) PERIOD.—Any affected Indian tribe or isting at the date of enactment of this Act, tricity generated and sold, except that the affected unit of local government may not unless Nye County and the affected holder of annual fee collected under this subparagraph receive any grant under paragraph (1) after the permit or lease negotiate an agreement shall not exceed 1.0 mill per kilowatt-hour the expiration of the 1-year period following that allows for an earlier conveyance. generated and sold. the date on which the Secretary notifies the ‘‘(b) SPECIAL CONVEYANCES.—Notwith- ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- affected Indian tribe or affected unit of local standing any other law, the following public ing any fiscal year on or after October 1, government of the termination of the oper- lands depicted on the maps and legal descrip- 2002, the aggregate amount of fees assessed ation of the integrated management system. tions dated October 11, 1995, and on file with pursuant to subparagraph (A) is less than the April 9, 1997 CONGRESSIONAL RECORD — SENATE S2889 annual level of appropriations for expendi- Atomic Energy Act of 1954 (42 U.S.C. 2133, tures under this Act and other relevant fi- tures on those activities specified in sub- 2134) that the applicant for such license shall nancial matters for the succeeding 3 fiscal section (d) for that fiscal year, minus— have entered into an agreement with the years, and shall be included in the budget of ‘‘(i) any unobligated balance collected pur- Secretary for the disposal of spent nuclear the United States Government. suant to this section during the previous fis- fuel and high-level radioactive waste that ‘‘(e) APPROPRIATIONS.—The Secretary may cal year; and may result from the use of such license. make expenditures from the Nuclear Waste ‘‘(ii) the percentage of such appropriations ‘‘(2) DISPOSAL IN REPOSITORY.—Except as Fund, subject to appropriations, which shall required to be funded by the Federal Govern- provided in paragraph (1), no spent nuclear remain available until expended. ment pursuant to section 403; fuel or high-level radioactive waste gen- ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE the Secretary may make expenditures from erated or owned by any person (other than a WASTE MANAGEMENT. the Nuclear Waste Fund up to the level of department of the United States referred to ‘‘(a) ESTABLISHMENT.—There hereby is es- the fees assessed. in section 101 or 102 of title 5, United States tablished within the Department of Energy ‘‘(C) RULES.—The Secretary shall, by rule, Code) may be disposed of by the Secretary in an Office of Civilian Radioactive Waste Man- establish procedures necessary to implement the repository unless the generator or owner agement. The Office shall be headed by a Di- this paragraph. of such spent fuel or waste has entered into rector, who shall be appointed by the Presi- ‘‘(3) ONE-TIME FEE.—For spent nuclear fuel a contract under subsection (a) with the Sec- dent, by and with the advice and consent of or solidified high-level radioactive waste de- retary by not later than the date on which the Senate, and who shall be compensated at rived from spent nuclear fuel, which fuel was such generator or owner commences genera- the rate payable for level IV of the Executive used to generate electricity in a civilian nu- tion of, or takes title to, such spent fuel or Schedule under section 5315 of title 5, United clear power reactor prior to January 7, 1983, waste. States Code. ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director the fee shall be in an amount equivalent to ‘‘(3) ASSIGNMENT.—The rights and duties of an average charge of 1.0 mill per kilowatt- contract holders are assignable. of the Office shall be responsible for carrying out the functions of the Secretary under this hour for electricity generated by such spent ‘‘(c) NUCLEAR WASTE FUND.— Act, subject to the general supervision of the nuclear fuel, or such solidified high-level ‘‘(1) IN GENERAL.—The Nuclear Waste Fund Secretary. The Director of the Office shall be waste derived therefrom. Payment of such established in the Treasury of the United directly responsible to the Secretary. one-time fee prior to the date of enactment States under section 302(c) of the Nuclear of the Nuclear Waste Policy Act of 1997 shall Waste Policy Act of 1982 shall continue in ef- ‘‘SEC. 403. FEDERAL CONTRIBUTION. satisfy the obligation imposed under this fect under this Act and shall consist of— ‘‘(a) ALLOCATION.—No later than 1 year paragraph. Any one-time fee paid and col- ‘‘(A) the existing balance in the Nuclear from the date of enactment of the Nuclear lected subsequent to the date of enactment Waste Fund on the date of enactment of the Waste Policy Act of 1997, acting pursuant to of the Nuclear Waste Policy Act of 1997 pur- Nuclear Waste Policy Act of 1997; and section 553 of title 5, United States Code, the Secretary shall issue a final rule establish- suant to the contracts, including any inter- ‘‘(B) all receipts, proceeds, and recoveries ing the appropriate portion of the costs of est due pursuant to such contracts, shall be realized under subsections (a), and (c)(3) sub- managing spent nuclear fuel and high-level paid to the Nuclear Waste Fund no later sequent to the date of enactment of the Nu- radioactive waste under this Act allocable to than September 30, 2002. The Commission clear Waste Policy Act of 1997, which shall be the interim storage or permanent disposal of shall suspend the license of any licensee who deposited in the Nuclear Waste Fund imme- spent nuclear fuel and high-level radioactive fails or refuses to pay the full amount of the diately upon their realization. waste from atomic energy defense activities fee referred to in this paragraph on or before ‘‘(2) USE.—The Secretary may make ex- and spent nuclear fuel from foreign research September 30, 2002, and the license shall re- penditures from the Nuclear Waste Fund, reactors. The share of costs allocable to the main suspended until the full amount of the subject to subsections (d) and (e), only for management of spent nuclear fuel and high- fee referred to in this paragraph is paid. The purposes of the integrated management sys- level radioactive waste from atomic energy person paying the fee under this paragraph tem. defense activities and spent nuclear fuel to the Secretary shall have no further finan- ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE from foreign research reactors shall include, cial obligation to the Federal Government FUND.— ‘‘(1) an appropriate portion of the costs as- for the long-term storage and permanent dis- ‘‘(A) IN GENERAL.—The Secretary of the sociated with research and development ac- posal of spent fuel or high-level radioactive Treasury shall hold the Nuclear Waste Fund tivities with respect to development of an in- waste derived from spent nuclear fuel used to and, after consultation with the Secretary, terim storage facility and repository; and generate electricity in a civilian power reac- annually report to the Congress on the finan- ‘‘(2) as appropriate, interest on the prin- tor prior to January 7, 1983. cial condition and operations of the Nuclear cipal amounts due calculated by reference to ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary Waste Fund during the preceding fiscal year. the appropriate Treasury bill rate as if the shall annually review the amount of the fees ‘‘(B) AMOUNTS IN EXCESS OF CURRENT payments were made at a point in time con- established by paragraphs (2) and (3), to- NEEDS.—If the Secretary determines that the sistent with the payment dates for spent nu- gether with the existing balance of the Nu- Nuclear Waste Fund contains at any time clear fuel and high-level radioactive waste clear Waste Fund on the date of enactment amounts in excess of current needs, the Sec- under the contracts. of the Nuclear Waste Policy Act of 1997, to retary may request the Secretary of the ‘‘(b) APPROPRIATION REQUEST.—In addition evaluate whether collection of the fee will Treasury to invest such amounts, or any por- to any request for an appropriation from the provide sufficient revenues to offset the tion of such amounts as the Secretary deter- Nuclear Waste Fund, the Secretary shall re- costs as defined in subsection (c)(2). In the mines to be appropriate, in obligations of the quest annual appropriations from general event the Secretary determines that the rev- United States— revenues in amounts sufficient to pay the enues being collected are either insufficient ‘‘(i) having maturities determined by the costs of the management of spent nuclear or excessive to recover the costs incurred by Secretary of the Treasury to be appropriate fuel and high-level radioactive waste from the Federal Government that are specified in to the needs of the Nuclear Waste Fund; and atomic energy defense activities and spent subsection (c)(2), the Secretary shall propose ‘‘(ii) bearing interest at rates determined nuclear fuel from foreign research reactors, an adjustment to the fee in subsection (c)(2) to be appropriate by the Secretary of the as established under subsection (a). to ensure full cost recovery. The Secretary Treasury, taking into consideration the cur- ‘‘(c) REPORT.—In conjunction with the an- shall immediately transmit the proposal for rent average market yield on outstanding nual report submitted to Congress under sec- such an adjustment to both Houses of Con- marketable obligations of the United States tion 702, the Secretary shall advise the Con- gress. with remaining periods to maturity com- gress annually of the amount of spent nu- ‘‘(b) ADVANCE CONTRACTING REQUIRE- parable to the maturities of such invest- clear fuel and high-level radioactive waste MENT.— ments, except that the interest rate on such from atomic energy defense activities and ‘‘(1) IN GENERAL.— investments shall not exceed the average in- spent nuclear fuel from foreign research re- ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The terest rate applicable to existing borrowings. actors, requiring management in the inte- Commission shall not issue or renew a li- ‘‘(C) EXEMPTION.—Receipts, proceeds, and grated management system. cense to any person to use a utilization or recoveries realized by the Secretary under ‘‘(d) AUTHORIZATION.—There is authorized production facility under the authority of this section, and expenditures of amounts to be appropriated to the Secretary, from general revenues, for carrying out the pur- section 103 or 104 of the Atomic Energy Act from the Nuclear Waste Fund, shall be ex- poses of this Act, such sums as may be nec- of 1954 (42 U.S.C. 2133, 2134) unless— empt from annual apportionment under the essary to pay the costs of the management of ‘‘(i) such person has entered into a con- provisions of subchapter II of chapter 15 of spent nuclear fuel and high-level radioactive tract under subsection (a) with the Sec- title 31, United States Code. waste from atomic energy defense activities retary; or ‘‘(d) BUDGET.—The Secretary shall submit and spent nuclear fuel from foreign research ‘‘(ii) the Secretary affirms in writing that the budget for implementation of the Sec- reactors, as established under subsection (a). such person is actively and in good faith ne- retary’s responsibilities under this Act to gotiating with the Secretary for a contract the Office of Management and Budget annu- ‘‘TITLE V—GENERAL AND under this section. ally along with the budget of the Depart- MISCELLANEOUS PROVISIONS ‘‘(B) PRECONDITION.—The Commission, as it ment of Energy submitted at such time in ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. deems necessary or appropriate, may require accordance with chapter 11 of title 31, United ‘‘If the requirements of any Federal, State, as a precondition to the issuance or renewal States Code. The budget shall consist of the or local law (including a requirement im- of a license under section 103 or 104 of the estimates made by the Secretary of expendi- posed by regulation or by any other means S2890 CONGRESSIONAL RECORD — SENATE April 9, 1997 under such a law) are inconsistent with or poses to rely that are known at such time to ‘‘(2) the court finds that such failure has duplicative of the requirements of the Atom- such party. Only facts and data in the form precluded a fair consideration and informed ic Energy Act of 1954 (42 U.S.C. 2011 et seq.) of sworn testimony or written submission resolution of a significant issue of the pro- or of this Act, the Secretary shall comply may be relied upon by the parties during oral ceeding taken as a whole. only with the requirements of the Atomic argument. Of the materials that may be sub- ‘‘SEC. 504. SITING A SECOND REPOSITORY. Energy Act of 1954 and of this Act in imple- mitted by the parties during oral argument, menting the integrated management system. the Commission shall only consider those ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— facts and data that are submitted in the The Secretary may not conduct site-specific ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- activities with respect to a second repository TIONS. form of sworn testimony or written submis- unless Congress has specifically authorized ‘‘(a) JURISDICTION OF THE UNITED STATES sion. and appropriated funds for such activities. COURTS OF APPEALS.— ‘‘(b) ADJUDICATORY HEARING.— EPORT ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- ‘‘(1) DESIGNATION.—At the conclusion of ‘‘(b) R .—The Secretary shall report TION.—Except for review in the Supreme any oral argument under subsection (a), the to the President and to Congress on or after Court of the United States, and except as Commission shall designate any disputed January 1, 2007, but not later than January 1, otherwise provided in this Act, the United question of fact, together with any remain- 2010, on the need for a second repository. States courts of appeals shall have original ing questions of law, for resolution in an ad- ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- and exclusive jurisdiction over any civil ac- judicatory hearing only if it determines LEVEL RADIOACTIVE WASTE SITE tion— that— CLOSURE. ‘‘(A) for review of any final decision or ac- ‘‘(A) there is a genuine and substantial dis- ‘‘(a) FINANCIAL ARRANGEMENTS.— tion of the Secretary, the President, or the pute of fact which can only be resolved with (1) STANDARDS AND INSTRUCTIONS.—The Commission under this Act; sufficient accuracy by the introduction of Commission shall establish by rule, regula- ‘‘(B) alleging the failure of the Secretary, evidence in an adjudicatory hearing; and tion, or order, after public notice, and in ac- the President, or the Commission to make ‘‘(B) the decision of the Commission is cordance with section 181 of the Atomic En- any decision, or take any action, required likely to depend in whole or in part on the ergy Act of 1954 (42 U.S.C. 2231), such stand- under this Act; resolution of such dispute. ards and instructions as the Commission ‘‘(C) challenging the constitutionality of ‘‘(2) DETERMINATION.—In making a deter- may deem necessary or desirable to ensure in any decision made, or action taken, under mination under this subsection, the Commis- the case of each license for the disposal of any provision of this Act; or sion— low-level radioactive waste that an adequate ‘‘(D) for review of any environmental im- ‘‘(A) shall designate in writing the specific bond, surety, or other financial arrangement pact statement prepared or environmental facts that are in genuine and substantial dis- (as determined by the Commission) will be assessment pursuant to the National Envi- pute, the reason why the decision of the provided by a licensee to permit completion ronmental Policy Act of 1969 (42 U.S.C. 4321 agency is likely to depend on the resolution of all requirements established by the Com- et seq.) with respect to any action under this of such facts, and the reason why an adju- mission for the decontamination, decommis- Act or alleging a failure to prepare such dicatory hearing is likely to resolve the dis- sioning, site closure, and reclamation of statement with respect to any such action. pute; and sites, structures, and equipment used in con- ‘‘(2) VENUE.—The venue of any proceeding ‘‘(B) shall not consider— junction with such low-level radioactive under this section shall be in the judicial cir- ‘‘(i) any issue relating to the design, con- waste. Such financial arrangements shall be cuit in which the petitioner involved resides struction, or operation of any civilian nu- provided and approved by the Commission, or has its principal office, or in the United clear power reactor already licensed to oper- or, in the case of sites within the boundaries States Court of Appeals for the District of ate at such site, or any civilian nuclear of any agreement State under section 274 of Columbia Circuit. power reactor to which a construction per- the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(b) DEADLINE FOR COMMENCING ACTION.— mit has been granted at such site, unless the 2021), by the appropriate State or State en- A civil action for judicial review described Commission determines that any such issue tity, prior to issuance of licenses for low- under subsection (a)(1) may be brought no substantially affects the design, construc- level radioactive waste disposal or, in the later than 180 days after the date of the deci- tion, or operation of the facility or activity case of licenses in effect on January 7, 1983, sion or action or failure to act involved, as for which such license application, author- prior to termination of such licenses. the case may be, except that if a party shows ization, or amendment is being considered; ‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL that he did not know of the decision or ac- or ARRANGEMENTS.—If the Commission deter- tion complained of (or of the failure to act), ‘‘(ii) any siting or design issue fully consid- mines that any long-term maintenance or and that a reasonable person acting under ered and decided by the Commission in con- monitoring, or both, will be necessary at a the circumstances would not have known, nection with the issuance of a construction site described in paragraph (1), the Commis- such party may bring a civil action no later permit or operating license for a civilian nu- sion shall ensure before termination of the than 180 days after the date such party ac- clear power reactor at such site, unless— license involved that the licensee has made quired actual or constructive knowledge or ‘‘(I) such issue results from any revision of available such bonding, surety, or other fi- such decision, action, or failure to act. siting or design criteria by the Commission nancial arrangements as may be necessary ‘‘(c) APPLICATION OF OTHER LAW.—The pro- following such decision; and to ensure that any necessary long-term visions of this section relating to any matter ‘‘(II) the Commission determines that such maintenance or monitoring needed for such shall apply in lieu of the provisions of any issue substantially affects the design, con- site will be carried out by the person having other Act relating to the same matter. struction, or operation of the facility or ac- title and custody for such site following li- ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS tivity for which such license application, au- cense termination. AND TRANSSHIPMENTS. thorization, or amendment is being consid- ‘‘(b) TITLE AND CUSTODY.— ‘‘(a) ORAL ARGUMENT.—In any Commission ered. ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- hearing under section 189 of the Atomic En- ‘‘(3) APPLICATION.—The provisions of para- retary shall have authority to assume title ergy Act of 1954 (42 U.S.C. 2239) on an appli- graph (2)(B) shall apply only with respect to and custody of low-level radioactive waste cation for a license, or for an amendment to licenses, authorizations, or amendments to and the land on which such waste is disposed an existing license, filed after January 7, licenses or authorizations, applied for under of, upon request of the owner of such waste 1983, to expand the spent nuclear fuel storage the Atomic Energy Act of 1954 (42 U.S.C. 2011 and land and following termination of the li- capacity at the site of a civilian nuclear et seq.) before December 31, 2005. cense issued by the Commission for such dis- power reactor, through the use of high-den- ‘‘(4) CONSTRUCTION.—The provisions of this posal, if the Commission determines that— sity fuel storage racks, fuel rod compaction, section shall not apply to the first applica- ‘‘(A) the requirements of the Commission the transshipment of spent nuclear fuel to tion for a license or license amendment re- for site closure, decommissioning, and de- another civilian nuclear power reactor with- ceived by the Commission to expand onsite contamination have been met by the licensee in the same utility system, the construction spent fuel storage capacity by the use of a involved and that such licensee is in compli- of additional spent nuclear fuel pool capac- new technology not previously approved for ance with the provisions of subsection (a); ity or dry storage capacity, or by other use at any nuclear power plant by the Com- ‘‘(B) such title and custody will be trans- means, the Commission shall, at the request mission. ferred to the Secretary without cost to the of any party, provide an opportunity for oral ‘‘(c) JUDICIAL REVIEW.—No court shall hold Federal Government; and argument with respect to any matter which unlawful or set aside a decision of the Com- ‘‘(C) Federal ownership and management of the Commission determines to be in con- mission in any proceeding described in sub- such site is necessary or desirable in order to troversy among the parties. The oral argu- section (a) because of a failure by the Com- protect the public health and safety, and the ment shall be preceded by such discovery mission to use a particular procedure pursu- environment. procedures as the rules of the Commission ant to this section unless— ‘‘(2) PROTECTION.—If the Secretary assumes shall provide. The Commission shall require ‘‘(1) an objection to the procedure used was title and custody of any such waste and land each party, including the Commission staff, presented to the Commission in a timely under this subsection, the Secretary shall to submit in written form, at the time of the fashion or there are extraordinary cir- maintain such waste and land in a manner oral argument, a summary of the facts, data, cumstances that excuse the failure to that will protect the public health and safe- and arguments upon which such party pro- present a timely objection; and ty, and the environment. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2891

‘‘(c) SPECIAL SITES.—If the low-level radio- related to operating and maintaining facili- ‘‘(ii) The membership of the Board shall be active waste involved is the result of a li- ties necessary for such storage from the date representatives of the broad range of sci- censed activity to recover zirconium, haf- of acceptance until the Secretary removes entific and engineering disciplines related to nium, and rare earths from source material, the spent nuclear fuel from the La Crosse activities under this title. the Secretary, upon request of the owner of Reactor site.’’ ‘‘(iii) No person shall be nominated for ap- the site involved, shall assume title and cus- ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. pointment to the Board who is an employee tody of such waste and the land on which it ‘‘(a) AUTHORIZATION.—The Secretary is au- of— is disposed when such site has been decon- thorized to establish a Decommissioning ‘‘(I) the Department of Energy; taminated and stabilized in accordance with Pilot Program to decommission and decon- ‘‘(II) a national laboratory under contract the requirements established by the Com- taminate the sodium-cooled fast breeder ex- with the Department of Energy; or mission and when such owner has made ade- perimental test-site reactor located in ‘‘(III) an entity performing spent nuclear quate financial arrangements approved by northwest Arkansas. fuel or high-level radioactive waste activi- the Commission for the long-term mainte- ‘‘(b) FUNDING.—No funds from the Nuclear ties under contract with the Department of nance and monitoring of such site. Waste Fund may be used for the Decommis- Energy. ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION sioning Pilot Program. ‘‘(4) VACANCIES.—Any vacancy on the TRAINING AUTHORIZATION. ‘‘SEC. 510. WATER RIGHTS. Board shall be filled by the nomination and ‘‘The Commission is authorized and di- ‘‘(a) NO FEDERAL RESERVATION.—Nothing appointment process described in paragraphs rected to promulgate regulations, or other in this Act or any other Act of Congress (1) and (3). appropriate regulatory guidance, for the shall constitute or be construed to con- ‘‘(5) TERMS.—Members of the Board shall training and qualifications of civilian nu- stitute either an express or implied Federal be appointed for terms of 4 years, each such clear power plant operators, supervisors, reservation of water or water rights for any term to commence 120 days after December technicians, and other appropriate operating purpose arising under this Act. 22, 1987, except that of the 11 members first personnel. Such regulations or guidance ‘‘(b) ACQUISITION AND EXERCISE OF WATER appointed to the Board, 5 shall serve for 2 shall establish simulator training require- RIGHTS UNDER NEVADA LAW.—The United years and 6 shall serve for 4 years, to be des- ments for applicants for civilian nuclear States may acquire and exercise such water ignated by the President at the time of ap- power plant operator licenses and for opera- rights as it deems necessary to carry out its pointment, except that a member of the tor requalification programs; requirements responsibilities under this Act pursuant to Board whose term has expired may continue governing Commission administration of re- the substantive and procedural requirements to serve as a member of the Board until such qualification examinations; requirements for of the State of Nevada. Nothing in this Act member’s successor has taken office. operating tests at civilian nuclear power shall be construed to authorize the use of ‘‘SEC. 603. FUNCTIONS. plant simulators, and instructional require- eminent domain by the United States to ac- øThe Board shall limit its evaluations to ments for civilian nuclear power plant li- quire water rights for such lands. the technical and scientific validity solely of censee personnel training programs. ‘‘(c) EXERCISE OF WATER RIGHTS GEN- the following activities undertaken directly ‘‘SEC. 507. EMPLACEMENT SCHEDULE. ERALLY UNDER NEVADA LAWS.—Nothing in by the Secretary after December 22, 1987— ‘‘(a) The emplacement schedule shall be this Act shall be construed to limit the exer- ø‘‘(1) site characterization activities; and implemented in accordance with the follow- cise of water rights as provided under Ne- ø‘‘(2) activities of the Secretary relating to ing: vada State laws. the packaging or transportation of spent nu- ‘‘(1) Emplacement priority ranking shall ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL clear fuel or high-level radioactive waste.¿ be determined by the Department’s annual REVIEW BOARD ‘‘The Board shall evaluate the technical and scientific validity of activities undertaken by the ‘Acceptance Priority Ranking’ report. ‘‘SEC. 601. DEFINITIONS. Secretary after December 22, 1987, including— ‘‘(2) The Secretary’s spent fuel emplace- ‘‘For purposes of this title— ment rate shall be no less than the following: ‘‘(1) site characterization activities; and ‘‘(1) CHAIRMAN.—The term ‘Chairman’ ‘‘(2) activities relating to the packaging or 1,200 MTU in fiscal year 2000 and 1,200 MTU means the Chairman of the Nuclear Waste transportation of high-level radioactive waste or in fiscal year 2001; 2,000 MTU in fiscal year Technical Review Board. spent nuclear fuel. 2002 and 2,000 MTU in fiscal year 2003; 2,700 OARD ‘‘(2) B .—The term ‘Board’ means the ‘‘SEC. 604. INVESTIGATORY POWERS. MTU in fiscal year 2004; and 3,000 MTU annu- Nuclear Waste Technical Review Board con- ‘‘(a) HEARINGS.—Upon request of the Chair- ally thereafter. tinued under section 602. man or a majority of the members of the ‘‘(b) If the Secretary is unable to begin em- ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW placement by November 30, 1999 at the rates Board, the Board may hold such hearings, sit BOARD. and act at such times and places, take such specified in subsection (a), or if the cumu- ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE testimony, and receive such evidence, as the lative amount emplaced in any year there- TECHNICAL REVIEW BOARD.—The Nuclear Board considers appropriate. Any member of after is less than that which would have been Waste Technical Review Board, established the Board may administer oaths or affirma- accepted under the emplacement rate speci- under section 502(a) of the Nuclear Waste tions to witnesses appearing before the fied in subsection (a), the Secretary shall, as Policy Act of 1982 as constituted prior to the Board. øThe Secretary or the Secretary’s a mitigation measure, adjust the emplace- date of enactment of the Nuclear Waste Pol- designee or designees shall not be required to ment schedule upward such that within 5 icy Act of 1997, shall continue in effect subse- appear before the Board or any element of years of the start of emplacement by the quent to the date of enactment of the Nu- the Board for more than 12 working days per Secretary, clear Waste Policy Act of 1997. calendar year.¿ ‘‘(1) the total quantity accepted by the ‘‘(b) MEMBERS.— ‘‘(b) PRODUCTION OF DOCUMENTS.— Secretary is consistent with the total quan- ‘‘(1) NUMBER.—The Board shall consist of 11 ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- tity that the Secretary would have accepted members who shall be appointed by the quest of the Chairman or a majority of the if the Secretary had began emplacement in President not later than 90 days after De- members of the Board, and subject to exist- fiscal year 2000, and cember 22, 1987, from among persons nomi- ing law, the Secretary (or any contractor of ‘‘(2) thereafter the emplacement rate is nated by the National Academy of Sciences the Secretary) shall provide the Board with equivalent to the rate that would be in place in accordance with paragraph (3). such records, files, papers, data, or informa- pursuant to paragraph (a) above if the Sec- ‘‘(2) CHAIR.—The President shall designate tion øthat is generally available to the pub- retary had commenced emplacement in fis- a member of the Board to serve as Chairman. lic¿ as may be necessary to respond to any cal year 2000. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— inquiry of the Board under this title. ‘‘SEC. 508. TRANSFER OF TITLE. ‘‘(A) NOMINATIONS.—The National Academy ø‘‘(2) EXTENT.—Subject to existing law, in- ‘‘(a) Acceptance by the Secretary of any of Sciences shall, not later than 90 days after formation obtainable under paragraph (1) spent nuclear fuel or high-level radioactive December 22, 1987, nominate not less than 22 may include drafts of products and docu- waste shall constitute a transfer of title to persons for appointment to the Board from mentation of work in progress.¿ the Secretary. among persons who meet the qualifications ‘‘(2) AVAILABILITY OF DRAFTS.—Subject to ex- ‘‘(b) No later than 6 months following the described in subparagraph (C). isting law, information obtainable under para- date of enactment of the Nuclear Waste Pol- ‘‘(B) VACANCIES.—The National Academy of graph (1) shall not be limited to final work prod- icy Act of 1997, the Secretary is authorized Sciences shall nominate not less than 2 per- ucts of the Secretary, but shall include drafts of to accept all spent nuclear fuel withdrawn sons to fill any vacancy on the Board from such products and documentation of work in from Dairyland Power Cooperative’s La among persons who meet the qualifications progress. Crosse Reactor and, upon acceptance, shall described in subparagraph (C). ‘‘SEC. 605. COMPENSATION OF MEMBERS. provide Dairyland Power Cooperative with ‘‘(C) NOMINEES.— ‘‘(a) IN GENERAL.—Each member of the evidence of the title transfer. Immediately ‘‘(i) Each person nominated for appoint- Board shall be paid at the rate of pay pay- upon the Secretary’s acceptance of such ment to the Board shall be— able for level III of the Executive Schedule spent nuclear fuel, the Secretary shall as- ‘‘(I) eminent in a field of science or engi- for each day (including travel time) such sume all responsibility and liability for the neering, including environmental sciences; member is engaged in the work of the Board. interim storage and permanent disposal and ‘‘(b) TRAVEL EXPENSES.—Each member of thereof and is authorized to compensate ‘‘(II) selected solely on the basis of estab- the Board may receive travel expenses, in- Dairyland Power Cooperative for any costs lished records of distinguished service. cluding per diem in lieu of subsidence, in the S2892 CONGRESSIONAL RECORD — SENATE April 9, 1997 same manner as is permitted under sections ‘‘SEC. 610. TERMINATION OF THE BOARD. ‘‘(2) a detailed schedule and timeline show- 5702 and 5703 of title 5, United States Code. ‘‘The Board shall cease to exist not later ing each action that the Secretary intends to ‘‘SEC. 606. STAFF. than one year after the date on which the take to meet the Secretary’s obligations ‘‘(a) CLERICAL STAFF.— Secretary begins disposal of spent nuclear under this Act and the contracts; ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to fuel or high-level radioactive waste in the re- ‘‘(3) a detailed description of the Sec- paragraph (2), the Chairman may appoint pository. retary’s contingency plans in the event that and fix the compensation of such clerical ‘‘TITLE VII—MANAGEMENT REFORM the Secretary is unable to meet the planned staff as may be necessary to discharge the ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. schedule and timeline; and responsibilities of the Board. ‘‘(a) IN GENERAL.—The Secretary is di- ‘‘(4) an analysis by the Secretary of its ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff rected to take actions as necessary to im- funding needs for fiscal years 1997 through shall be appointed subject to the provisions prove the management of the civilian radio- 2001. of title 5, United States Code, governing ap- active waste management program to ensure ‘‘(b) ANNUAL REPORTS.—On each anniver- pointments in the competitive service, and that the program is operated, to the maxi- sary of the submittal of the report required shall be paid in accordance with the provi- mum extent practicable, in like manner as a by subsection (a), the Secretary shall make sions of chapter 51 and subchapter III of private business. annual reports to the Congress for the pur- chapter 3 of such title relating to classifica- ‘‘(b) AUDITS.— pose of updating the information contained tion and General Schedule pay rates. ‘‘(1) STANDARD.—The Office of Civilian Ra- in such report. The annual reports shall be ‘‘(b) PROFESSIONAL STAFF.— dioactive Waste Management, its contrac- brief and shall notify the Congress of: ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to tors, and subcontractors at all tiers, shall ‘‘(1) any modifications to the Secretary’s paragraphs (2) and (3), the Chairman may ap- conduct, or have conducted, audits and ex- schedule and timeline for meeting its obliga- point and fix the compensation of such pro- aminations of their operations in accordance tions under this Act; fessional staff as may be necessary to dis- with the usual and customary practices of ‘‘(2) the reasons for such modifications, charge the responsibilities of the Board. private corporations engaged in large nu- and the status of the implementation of any ‘‘(2) NUMBER.—Not more than 10 profes- clear construction projects consistent with of the Secretary’s contingency plans; and sional staff members may be appointed its role in the program. ‘‘(3) the Secretary’s analysis of its funding under this subsection. ‘‘(2) TIME.—The management practices and needs for the ensuing 5 fiscal years.’’ ‘‘(3) TITLE 5.—Professional staff members performances of the Office of Civilian Radio- ‘‘SEC. 703. EFFECTIVE DATE. may be appointed without regard to the pro- active Waste Management shall be audited This Act shall become effective one day visions of title 5, United States Code, govern- every 5 years by an independent manage- after enactment.’’. ing appointments in the competitive service, ment consulting firm with significant expe- Mr. MURKOWSKI. Mr. President, and may be paid without regard to the provi- rience in similar audits of private corpora- this begins our third day of debate on sions of chapter 51 and subchapter III of tions engaged in large nuclear construction S. 104, the nuclear waste repository chapter 53 of such title relating to classifica- projects. The first such audit shall be con- legislation, which has been introduced tion and General Schedule pay rates, except ducted 5 years after the enactment of the by myself and Senator CRAIG and a that no individual so appointed may receive Nuclear Waste Policy Act of 1997. number of other cosponsors. This may pay in excess of the annual rate of basic pay ø‘‘(3) COMPTROLLER GENERAL.—The Comp- payable for GS–18 of the General Schedule. troller General of the United States shall an- not be a very exciting topic, Mr. Presi- ‘‘SEC. 607. SUPPORT SERVICES. nually make an audit of the Office, in ac- dent, but it is an important issue and it ‘‘(a) GENERAL SERVICES.—To the extent cordance with such regulations as the Comp- is an important responsibility for this permitted by law and requested by the Chair- troller General may prescribe. The Comp- body. man, the Administrator of General Services troller General shall have access to such What we have is a situation where, as shall provide the Board with necessary ad- books, records, accounts, and other mate- the charts will show, at some 80 sites ministrative services, facilities, and support rials of the Office as the Comptroller General in 41 States this waste has been accu- on a reimbursable basis. determines to be necessary for the prepara- mulating. The Federal Government ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- tion of such audit. The Comptroller General NOLOGY ASSESSMENT SERVICES.—The Comp- shall submit to the Congress a report on the agreed in 1982 to accept this waste by troller General and the Librarian of Congress results of each audit conducted under this 1998. Well, 1998 is next year. Now, the shall, to the extent permitted by law and section.¿ site that has been suggested as being subject to the availability of funds, provide ø‘‘(4)¿ (3) TIME.—No audit contemplated by the best for the waste is out in the Ne- the Board with such facilities, support, funds this subsection shall take longer than 30 vada desert at the Nevada test site. and services, including staff, as may be nec- days to conduct. An audit report shall be is- Again, to refresh the memories of my essary for the effective performance of the sued in final form no longer than 60 days colleagues, this is what the site looks functions of the Board. after the audit is commenced. like. It was used for over 50 years for ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- ø‘‘(5)¿ (4) PUBLIC DOCUMENTS.—All audit re- quest of the Chairman, the Board may secure ports shall be public documents and avail- more than 800 nuclear weapons tests. It directly from the head of any department or able to any individual upon request. is probably one of the more remote agency of the United States information nec- ‘‘(d) VALUE ENGINEERING.—The Secretary areas in the United States, but it is essary to enable it to carry out this title. shall create a value engineering function unique inasmuch as it has been a se- ‘‘(d) MAILS.—The Board may use the Unit- within the Office of Civilian Radioactive lected test site. ed States mails in the same manner and Waste Management that reports directly to Now, why this site? That is a legiti- under the same conditions as other depart- the Director, which shall carry out value en- mate question, and I know my col- ments and agencies of the United States. gineering functions in accordance with the leagues from Nevada are very con- ‘‘(e) EXPERTS AND CONSULTANTS.—Subject usual and customary practices of private cerned about it being designated in to such rules as may be prescribed by the corporations engaged in large nuclear con- Board, the Chairman may procure temporary struction projects. their State. I am sympathetic to that. and intermittent services under section ‘‘(e) SITE CHARACTERIZATION.—The Sec- But the reality is that it has to be put 3109(b) of title 5 of the United States Code, retary shall employ, on an on-going basis, in- somewhere, Mr. President. In the de- but at rates for individuals not to exceed the tegrated performance modeling to identify bate yesterday, my colleagues from Ne- daily equivalent of the maximum annual appropriate parameters for the remaining vada claimed that during the develop- rate of basic pay payable for GS–18 of the site characterization effort and to eliminate ment of our nuclear program, it was General Schedule. studies of parameters that are shown not to necessary to do our patriotic duty to ‘‘SEC. 608. REPORT. affect long-term repository performance. designate an area out in the Nevada ‘‘The Board shall report not less than two ‘‘SEC. 702. REPORTING. desert, and you might say their State times per year to Congress and the Secretary ‘‘(a) INITIAL REPORT.—Within 180 days of its findings, conclusions, and recommenda- enactment of this section, the Secretary was used for that purpose as a con- tions. shall report to Congress on its planned ac- tribution to the effort to fight and win ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. tions for implementing the provisions of this the cold war. ø‘‘There are authorized to be appropriated Act, including the development of the Inte- I think it is fair to say, and the state- for expenditures such sums as may be nec- grated Waste Management System. Such re- ment was made yesterday, that Con- essary to carry out the provisions of this port shall include— gress chose that area to be studied for title.¿ ‘‘(1) an analysis of the Secretary’s progress nuclear waste disposal for political rea- ‘‘Notwithstanding section 401(d), and subject in meeting its statutory and contractual ob- sons. Well, I don’t know whether that to section 401(e), there are authorized to be ap- ligation to accept title to, possession of, and propriated for expenditures from amounts in the delivery of spent nuclear fuel and high-level is correct or not. It had to be some- Nuclear Waste Fund under section 401(c) such radioactive waste beginning no later than where. But Nevada is where we con- sums as may be necessary to carry out the provi- November 30, 1999, and in accordance with ducted nuclear tests, and where there sions of this title. the acceptance schedule; is radioactivity from those tests. But April 9, 1997 CONGRESSIONAL RECORD — SENATE S2893 in the debate yesterday, the Senators this resolution. In my opinion, when AMENDMENT NO. 27 from Nevada indicated there was no ra- you are all through with going through (Purpose: To provide that the Savannah tional, technical, or scientific reason the areas in the rest of the States, it is River Site and Barnwell County, South for placing a spent fuel storage facility still the best place. Carolina shall not be available for con- struction of an interim storage facility) in Nevada. Well, I don’t know any Where are we today? Well, we are Mr. THURMOND. Mr. President, I other place in the country where we still on our way—business as usual send an amendment to the desk. tested 800 nuclear bombs. around the Senate, putting off deci- The PRESIDING OFFICER. The Now, it’s also important to note that sions. We began this debate in the 104th clerk will report. the Department of Energy spent over a Congress with the consideration of S. billion dollars studying other potential The assistant legislative clerk read 1271. The Nevada Senators objected as follows: sites before narrowing the list to three saying that the bill would gut environ- sites, including Yucca Mountain. Con- The Senator from South Carolina [Mr. mental laws, allow unsafe transpor- THURMOND], for himself and Mr. HOLLINGS, gress settled on Yucca Mountain in tation, and endanger the health and proposes an amendment numbered 27. 1987. It indicated that it had a unique safety of Americans. We had objections On page 28, line 16, after ‘‘Washington’’ in- geology, and it tied in the reality that from the administration saying that sert the following: ‘‘, and the Savannah the Nevada test site had been used to we were choosing Nevada as the site River Site and Barnwell County in the State explode nuclear weapons for 50 years. prior to the determination that the of South Carolina,’’. In other words, it said that from a geo- Yucca Mountain site would be viable as Mr. HOLLINGS. Mr. President, I rise logical point of view, it meets our ex- a permanent repository. today in support of the amendment of- pectations. Secondly, it is an area that Mr. President, I suggest the absence fered by myself and the senior Senator has been used, and, therefore, it should of a quorum. from South Carolina, Senator THUR- be sufficient for this type of permanent The PRESIDING OFFICER. The MOND. repository. clerk will call the roll. We all know the score, the chairman As we look at this test site, we of the Energy and Natural Resources The assistant legislative clerk pro- should recognize that the last weapon Committee has outlined the state of ceeded to call the roll. was exploded underground there in our nuclear waste policy and we are 1991. Underground tests are still being Mr. MURKOWSKI. Mr. President, I aware of the need to move this bill for- performed with nuclear materials ask unanimous consent that the order ward. being exploded with conventional ex- for the quorum call be rescinded. Currently, DOE is contractually plosives, as I understand it, from time The PRESIDING OFFICER. Without bound to begin receiving spent com- to time—all with the wholehearted objection, it is so ordered. mercial nuclear fuel in 1998. Under the support, I might add, of the Nevada COMMITTEE AMENDMENTS EN BLOC 1982 Nuclear Policy Act, DOE was di- delegation. In fact, not too long ago, Mr. MURKOWSKI. Mr. President, I rected to identify, construct, and oper- one of the Nevada Senators supported ask unanimous consent the committee ate an underground repository to dis- storing spent fuel at the site. amendments as presented be agreed to pose of the Nation’s commercial nu- I have a copy of a resolution that re- en bloc. clear fuel. appeared, from the Nevada assembly; The PRESIDING OFFICER. Without Identifying such a site proved dif- it’s joint resolution No. 15. That is a objection, it is so ordered. ficult, so in 1987 Congress intervened copy of the resolution, Mr. President, The committee amendments were and directed DOE to study or charac- dated February 26, 1975. I am not going agreed to en bloc. terize only one site, Yucca Mountain, to read the whole resolution, but I NV. Since 1987 DOE has been studying think it is important to recognize this: AMENDMENT NO. 26 the Yucca Mountain site to determine Whereas, the people of southern Nevada (Purpose: To provide milestones and require- if it is a suitable site for the permanent have confidence in the safety record of the ments that allow thorough analysis and repository. This characterization was Nevada test site and in the ability of the public participation and decisions based on to be completed and, if the site was sound science) staff to site and to maintain safety in han- suitable, a permanent facility was to dling of nuclear materials. Mr. MURKOWSKI. Mr. President, I be constructed by 1998. And, also: send an amendment to the desk. I don’t need to point out how far this Whereas, nuclear waste disposal can be The PRESIDING OFFICER. The process has fallen behind. If it was on carried out at the Nevada test site with clerk will report. schedule then we would not be debating minimal capital investment relative to other The assistant legislative clerk read this bill today. It is now 1997, and DOE locations. as follows: That is from the copy of the resolu- has not finished its site characteriza- tion that we have on the chart behind The Senator from Alaska [Mr. MURKOWSKI] tion work. In fact they tell me that, if me. PROPOSES AN AMENDMENT NUMBERED 26. there is no further delay and the site Therefore, be it resolved by the assembly Mr. MURKOWSKI. Mr. President, I checks out, then the permanent reposi- and the State of Nevada jointly that the leg- ask unanimous consent that reading of tory will not be ready until 2010 at the islature of the State of Nevada strongly the amendment be dispensed with. earliest. urges the Energy Research and Development The PRESIDING OFFICER. Without Obviously that causes a problem Administration to choose the Nevada test objection, it is so ordered. since last year a Federal court held site for the disposal of nuclear waste. that DOE does have an obligation to (The text of the amendment is print- Now, Mr. President, that was indic- dispose of the waste by the 1998 dead- ed in today’s RECORD under ‘‘Amend- line. So where does the waste go in ative of the attitude prevailing on Feb- ments Submitted.’’) ruary 26, 1975. The resolution was 1998? Well, to Senator MURKOWSKI’s Mr. MURKOWSKI. Mr. President, I passed. It passed the Nevada Senate by credit, he is trying to answer that believe that the Senator from South a 12–6 vote, aided by the vote of one of question. That solution is to construct Carolina wishes to offer an amendment our colleagues here in the Senate from a temporary storage facility at the at this time. Nevada, and it was signed by the Gov- Yucca Mountain if the site is suitable ernor of Nevada, Mike O’Callaghan. Mr. President, I suggest the absence for the permanent repository. Well, I ask, Mr. President, what has of a quorum. The Senator from Alaska has tried to changed? That test site hasn’t changed. The PRESIDING OFFICER. The accommodate a bunch of competing in- It is still there. It still has a trained clerk will call the roll. terests, and, hoping to avoid a veto by work force, still has an infrastructure The assistant legislative clerk pro- the White House, he has provided a for dealing with nuclear materials. The ceeded to call the roll. means by which the President can geology of the site certainly hasn’t Mr. THURMOND. Mr. President, I identify an alternative site if the changed. Obviously, at least one of the ask unanimous consent that the order Yucca Mountain site is deemed unsuit- Nevada Senators thought it was the for the quorum call be rescinded. able. It is this provision, allowing the best place to store nuclear waste in The PRESIDING OFFICER. Without President to designate an alternative 1975, or he would not have supported objection, it is so ordered. temporary storage site, that brings me S2894 CONGRESSIONAL RECORD — SENATE April 9, 1997 here today. My friends from Oregon, lina and Georgia also marks the 20- there. We have spent years getting a Senators WYDEN and SMITH, both of mile western boundary of the site and waste processing facility up and run- whom are on the Energy Committee, six major streams flow through the site ning, and we are just now really begin- offered a provision at markup to ensure and into the river. ning to clean up the 33 million gallons that the DOE’s Hanford Site be ex- It is this river, the Savannah, which of liquid high-level nuclear waste on cluded as a possible alternative tem- supplies drinking water for Beaufort site. That does not include all the porary storage site. and Jasper Counties in South Carolina other forms of waste: low-level, trans- As many of my colleagues know, the and the town of Port Wentworth, GA. uranic, and hazardous. To add more DOE’s Savannah River Site is located In addition, it runs directly through waste to a site which has its hands full in my State, and I am here today to ex- the city of Savannah, GA, downstream cleaning up the mess caused by 40 plain why, like the Hanford Site, it is and supports an active commercial and years of nuclear weapons production is not a suitable site for a temporary fa- sport fishing industry. not the solution. cility. After my colleagues hear SRS’s Studies indicate that portions of the It is clear given the dense population disadvantages, they will agree. SRS is site are within the 100-year flood plain, of the area and its geography that it is not the place for this spent fuel. and although this information is not not the best site for any waste. Our The amendment before us simply available, I would not be surprised to goal should be to ensure that the Sa- codifies that position. It simply states find that the entire site is within the vannah River site is cleaned up and that the Savannah River Site and 500-year flood plain. that its waste is stabilized and moved Barnwell County South Carolina, like Under the surface there are several off-site. The site is not suitable to re- Hanford, cannot be identified by the aquifer systems. The largest of which ceive additional waste. This amend- President as an alternative temporary is the Cretaceous or Tuscoloosa Aqui- ment simply ensures that the Savan- storage site. fer. It is a huge aquifer stretching all nah River site is not overrun with I am not going to spend time arguing across the Southeast. In general, the waste and that it continues without why Yucca Mountain is the best site groundwater on the site flows into one interruption the cleanup and stabiliza- for this facility. The chairman of the of the numerous streams or swamps on tion of its existing contamination. Energy Committee has done a fine job the site and then flows into the Savan- I urge my colleagues to adopt the of that. What I will do is tell you why nah River which is, as I mentioned ear- amendment. I yield the floor. SRS is not the site. lier, the source of drinking water for Mr. President, I urge adoption of the SRS is a 198,000-acre reservation lo- numerous cities and towns down- amendment. cated in South Carolina and abutting stream. Mr. REID addressed the Chair. Georgia. It is 12 miles southwest of Au- The water not making its way to the The PRESIDING OFFICER (Mr. gusta, GA, and 10 miles south of Aiken, river is absorbed into the ground and GREGG). The Senator from Nevada. SC. This is a highly populated area eventually makes it to the ground- Mr. REID. Mr. President, I suggest which has been and continues to grow water. The level of this groundwater, the absence of a quorum. rapidly. I have heard people argue that like its flow, varies but in some places The PRESIDING OFFICER. The as- the Savannah River Site is some rural it is literally within inches of the sur- sistant legislative clerk proceeded to out-of-the-way place. Well, that is just face. The rate of flow for this ground- call the roll. not the case. The population within a water varies with areas where it trav- Mr. BAUCUS. Mr. President, I ask 50-mile radius of SRS numbers about els as fast as several hundred meters a unanimous consent that the order for 615,000. This obviously encompasses all year. So it is not hard to imagine a sce- the quorum call be rescinded. of Aiken, SC, and Augusta, GA, whose nario, and we have had cases, where The PRESIDING OFFICER. Without combined population is more that nuclear contaminants have reached the objection, it is so ordered. 400,000 people, plus a number of smaller (The remarks of Mr. BAUCUS pertain- groundwater and quickly moved off communities that are too numerous to ing to the introduction of S. 532 are lo- mention. site. It is interesting to note, but not sur- cated in today’s RECORD under ‘‘State- What is more astounding is that the ments on Introduced Bills and Joint population living within a 100-mile ra- prising, that virtually every county in South Carolina and Georgia has some Resolutions.’’) dius of the site numbers 2.6 million Mr. BAUCUS. Mr. President, I sug- number of households getting their people. This includes a number of larg- gest the absence of a quorum. drinking water directly from these sub- er cities including the capital of South The PRESIDING OFFICER. The surface aquifers. In fact, over 50 per- Carolina, Columbia, Charleston, SC, clerk will call the roll. Hilton Head, SC, Savannah GA, and cent of the households in two counties The legislative clerk proceeded to Augusta, GA. In fact, there are private that abut the site draw their drinking call the roll. homes located on private lands located water from wells. Mr. BINGAMAN. Madam President, I within 200 feet of the site. Obviously, with the abundant wet- ask unanimous consent that the order To say this is a far and out-of-the- lands, rivers, streams, and, an abun- for the quorum call be rescinded. way place is just not the case. Putting dance of precipitation, averaging over The PRESIDING OFFICER (Ms. COL- additional nuclear waste in such a 44 inches per year, the Savannah River LINS). Without objection, it is so or- highly populated area is crazy. site is not the place for this spent dered. In addition, as I understand the sci- fuel—if you want to keep it dry. Mr. BINGAMAN. Madam President, I entists, their most constant fear is There are numerous other reasons to ask unanimous consent that I be al- that nuclear material is exposed to eliminate the Savannah River site lowed to speak for up to 10 minutes as water and leaches into surface or sub- from consideration. Not the least of in morning business. surface waters and that this water car- which is that South Carolina and the The PRESIDING OFFICER. Is there ries the contamination off-site. There- Savannah River site are already doing objection? fore it is critical that this nuclear ma- their share to safely store nuclear Without objection, it is so ordered. terial be kept dry and away from the waste. In fact, foreign research reactor The Senator from New Mexico is rec- corrosive effects of water. fuel shipped from all over the world ognized. Well, for anyone who has visited the passes right by my front door as it is (The remarks of Mr. BINGAMAN per- Savannah River site, or, for that mat- being shipped to Charleston and then taining to the introduction of S. 532 are ter the lowcountry of South Carolina, up to the Savannah River site. In addi- located in today’s RECORD under they know that in reality it is all wet- tion, the site is constantly receiving ‘‘Statements on Introduced Bills and lands or as some say, a swamp. In fact, waste from the nation’s nuclear de- Joint Resolutions.’’) the Savannah River site is literally fense facilities and domestic research Madam President, I yield the floor surrounded by water. There are exten- reactors. We have all the waste we can and suggest absence of a quorum. sive water resources on, under, and ad- handle. The PRESIDING OFFICER. The jacent to the site. Trust me, I have visited the site re- clerk will call the roll. The Savannah River, which marks peatedly over my career, and I am The bill clerk proceeded to call the the border of the States of South Caro- aware of the cleanup job we face down roll. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2895 Mr. MURKOWSKI. Mr. President, I substitute to Senate bill 1936. With It moves. It is transported. And it is ask unanimous consent that the order each new version of the bill, we at- transported safely. The French, the for the quorum call be rescinded. tempted to strengthen the public Japanese, and the Swedes are moving The PRESIDING OFFICER (Mr. health and environmental safeguards spent nuclear fuel. Spent nuclear fuel FAIRCLOTH). Without objection, it is so as well as meet the criteria of Members is coming from Japan, going to France ordered. who were concerned about these items. for reprocessing, being taken back to UNANIMOUS CONSENT AGREEMENT First, in an effort to address the ad- Japan, and being put back in the reac- Mr. MURKOWSKI. Mr. President, I ministration’s concerns, we made it tors. They have what they call reproc- ask unanimous consent that I may be clear that no construction of an in- essing. They don’t bury their waste. allowed to speak for up to 20 minutes, terim facility would take place at the They put it back in the reactors and followed by Senator REID and Senator Nevada test site until Yucca Mountain burn it. It combats proliferation. I am BRYAN for up to 10 minutes each, and was determined to be technically via- not here to argue the merits of that. I further, that debate only be in order at ble as a permanent repository. So let am simply showing that this waste this time. me make that clear. No construction does move, and it moves in transpor- Mr. REID addressed the Chair. would be initiated without the viabil- tation casks. The PRESIDING OFFICER. The ity being determined. We have heard it argued that trans- Chair recognizes the Senator from Ne- We have extended the time period in portation casks are unsafe. But we vada. order to accommodate the reality that have shown that the transportation Mr. REID. Mr. President, reserving nothing moves very fast when you are casks can withstand significant expo- the right to object, if I understand the addressing nuclear waste. sure to crashes, and can survive fires. unanimous consent request, the man- With respect to concerns over radi- We have shown the casks have been ager of the bill will speak for 20 min- ation protection standards, we began tested by a locomotive hitting them at utes, the Senators from Nevada will with a 100-millirem standard which the 90 miles an hour, or crash into a speak for 10 minutes each, and there could not be reviewed by any Federal brick wall at 80 miles per hour, sub- will be no further debate on this bill agency. The bill before us today allows merged in water, and bathed in fire. tonight. Is that correct? the EPA to issue a stricter standard if These casks are safe, and they are de- Mr. MURKOWSKI. It wasn’t my in- it determines one is necessary. So we signed to survive any type of real world tent necessarily to eliminate debate have tightened up on the radiation accident. We have the technology to do from any other Senator who may come standards. that. down. I have no objection if that is the With respect to the NEPA require- I also want to show a chart relative to the movement of waste throughout proposal from the other side. ments, our latest version requires the Mr. REID. I want no further debate Department of Energy and the NRC to the United States, which I think is sig- tonight. fulfill the requirements of NEPA in nificant inasmuch as it reflects on the Mr. MURKOWSKI. Then I would conjunction with the operation of both reality that we move a tremendous agree. If we may withhold that for a an interim storage facility and a repos- amount of waste throughout the Unit- moment, let me check with the Cloak- itory. Our first bill did not contain ed States. But here we are. In the years 1979 to room. I want to make sure we don’t that requirement. So, again, we tight- 1995, there were 2,400 shipments across have anyone else. ened it up with regard to NEPA re- the United States through every State Mr. President, I suggest the absence quirements. except Florida and South Dakota. I of a quorum. With respect to concern about trans- don’t know how we missed those. But The PRESIDING OFFICER. The portation safety, we have accepted there are the transportation routes. So clerk will call the roll. transportation language offered by we have moved them safely. We have The bill clerk proceeded to call the Senator MOSELEY-BRAUN of Illinois, shown that our national labs have cer- roll. Senator WYDEN, and others. tified that the casks can survive any Mr. MURKOWSKI. Mr. President, I With respect to the preemption of real world crash. ask unanimous consent that the order other laws, we proposed language con- We have heard statements that radi- for the quorum call be rescinded. sistent with the preemption authority ation protection standards are unsafe. The PRESIDING OFFICER (Mr. found in the existing Hazardous Mate- We have shown how our standard is THOMAS). Without objection, it is so or- rial Transportation Act. Indeed, I more protective than the current EPA dered. think we have made substantial guidance that allows five times as Mr. MURKOWSKI. Mr. President, I changes in the bill. What is before us much. We allow EPA to tighten the advise my colleagues from Nevada that today is far different than what we standards further, if need be. I agree to their alteration to the agree- originally introduced as Senate bill It has been said on the other side ment which would limit debate to 20 1271 in the 104th Congress. that the Nuclear Waste Technical Re- minutes on this side and 10 minutes Despite all of the changes we have view Board says there is no compelling each, with the understanding that made, the opponents of this bill con- technical or safety reasons to move there be no further debate at this time. tinue to object to the bill as if no fuel through a central location. The PRESIDING OFFICER. Without changes were made. We have heard it We have shown that a more complete objection, it is so ordered. referred to as ‘‘Mobile Chernobyl,’’ reading of the Technical Review Mr. MURKOWSKI. I thank the Chair. ‘‘emasculating NEPA laws’’ and ‘‘run- Board’s testimony—and their report— Mr. President, we began this debate ning roughshod over all environmental indicates there is a need for interim with the consideration of Senate bill laws.’’ storage, and there is a need for Yucca 1271. The Senators from Nevada, of The emotional rhetoric that has been if Yucca is determined to be a suitable course, objected, saying the bill would used fails to recognize the changes we site for the permanent repository. gut environmental laws, saying it have made in this bill and the charges The other side has indicated we can would allow unsafe transportation and that we have refuted. delay this action until August 1998, at endanger the health and safety of The suggestion has been made that a time when a viability determination Americans. the transportation is unsafe. We have is made with respect to Yucca. We had objections from the adminis- shown how we have safely been moving We have shown that delay is what tration. They opposed choosing Nevada fuel around for many years. I have has gotten us into this situation in the as the interim site prior to a deter- some charts behind me to show that. first place. mination that Yucca Mountain would Not only have we moved fuel, but fuel There is a court case which has al- be viable as a permanent repository. To has been moved overseas. ready determined that the Federal address these concerns and others, we Here is a chart showing specifically Government is liable because of its have attempted to adjust our bill. We fuel what is coming to the United delays and its inability to accept the began with Senate bill 1271, then a new States from other countries: Australia; waste. bill, Senate bill 1936, and again with an it is coming from Turkey, Iran, Paki- Eight months from now, when the amendment in the form of a committee stan, and Canada. How does it get here? Government is in breech of contract, S2896 CONGRESSIONAL RECORD — SENATE April 9, 1997 then the courts are going to consider have developed this substitute amend- amendment here today. We have the damage that we face. ment. We have worked closely with worked to address all the key objec- We as legislators have a responsibil- Senator BINGAMAN, and I commend him tions of critics of S. 104 and still have ity to protect the taxpayers. With each and his staff for their hard work. a bill. delay, the damage is going to mount. Let me go over the amendments very The statement of administration po- With each delay, the liability to the briefly, point by point. S. 104 sets the sition and the recent letters sent to the taxpayer will mount. With each delay, size of the interim storage facility at majority leader by the Secretary of En- there will be a pressure to yield to even 60,000 metric tons. Opponents of S. 104 ergy really are not referring to the bill further delays. The call for delay is have charged that the large size of this that incorporates the amendments we really a siren’s song. It is a trap. It is interim storage facility diverts re- proposed here today, so their objection, an excuse for no action. sources away from the permanent re- if you will, is inappropriate because it Only yesterday I heard our ranking pository at Yucca. does not relate to the changes we have member, Senator BUMPERS, suggesting The Senators from Nevada have also made, and we look forward to any com- that we could wait until August 1998 to incorrectly stated that it is our intent ments the administration might make deal with this problem. Well, it might to make the interim repository the de with regard to these adjustments. sound reasonable at first. It has been facto permanent repository. Clearly, Let me go over each of the adminis- so long now. But let’s give it a little that is not the case. tration’s criticisms and how we have more thought. Our amendment allows the Secretary addressed them. The administration’s Will Congress deal with the nuclear to set the size of the facility based on position initially stated that S. 104 waste issue in an election year with the emplacement. Initial capacity would ‘‘effectively replace EPA’s au- time running out in the 105th Con- would be 33,100 metric tons. This ade- thority to set acceptable release stand- gress? I think not. Will my friends quately addresses charges made by the ards.’’ from Nevada forego their rights to fili- critics of S. 104 that the repository is Mr. President, I am going to need buster the bill at that time? I think too large, and it makes it clear that about 3 more minutes here with no ob- not. As a practical matter, delay until the interim facility can never be a sub- jection from my colleagues from Ne- August 1998 will slip to 1999. And, if we stitute for a permanent repository. vada. I would ask that they be ex- are waiting until 1999, why not allow As we have said all along, the work tended 3 more minutes as well. the decision to wait for the license ap- at Yucca for the permanent repository Mr. REID. Whatever the Senator plications in 2001 or 2002? All the while will go on; it must go on. This provi- needs, we will extend the time. we will be in violation of our contrac- sion in our substitute makes it clear The PRESIDING OFFICER. Without tual commitment. We will be increas- that it has to go on. objection, it is so ordered. ing the damages. If we delay until 2001 S. 104, as reported, envisioned the ini- Mr. MURKOWSKI. I thank my friend. or 2002, then why not delay until final tial operation of a central storage fa- Let me begin again. licensing of a permanent repository is cility by December 31 in the year 2002, The administration’s position states due in the year 2015. if Yucca Mountain is determined to be that S. 104 would ‘‘effectively replace Let me refer you to the picture of viable, and December 31, 2004, if it is EPA’s authority to set acceptable re- where we propose to put this. This determined not to be viable. Critics of lease standards.’’ Our amendment, as I waste would be put in a temporary re- S. 104 charged that this did not allow have stated earlier, places the EPA in pository located at the Nevada test adequate time for the NEPA and the a key role developing risk-based stand- site, which was used for more than 50 NRC licensing process to work. ards for the repository consistent with years and over 800 nuclear weapons Our amendment addresses these con- the recommendations of the National tests have taken place in that area. cerns by shifting those dates to June Academy of Sciences. That is what we propose. It would be 30, 2003, and June 30, 2005. The administration position states adjacent to the continuing develop- S. 104 sets a 100-millirem dose stand- that S. 104 would create loopholes in ment of a permanent site in Yucca ard that could be reviewed and changed the application of the National Envi- Mountain. We have gotten nearly 5 to protect public health and safety. ronmental Policy Act. miles of tunnel done now. The problem Critics of S. 104 argued that this was We have answered that. A full EIS is is that site is not going to be ready not good enough and that there should required prior to placement of any until the year 2015. be a risk-based standard as rec- waste in temporary storage or the re- I do not expect the changes we have ommended by the National Academy of pository, and our amendment requires made in this bill, along with the oth- Sciences. the evaluation of transportation which ers, will necessarily satisfy all my Our amendment, therefore, mandates S. 104 excluded. friends on the other side. All the mem- full EPA involvement in the setting of The administration also stated that bers of the Nevada delegation have ap- the risk-based radiation protection S. 104 would ‘‘weaken existing environ- peared before the committee, and they standard that is likely to result in a mental standards by preempting all have said they would oppose any ap- standard of 25 to 30 millirem. This is Federal, State and local laws inconsist- proach that would bring nuclear waste the approach endorsed by the Senators ent with the environmental require- to Nevada, so I do not realistically ex- from Nevada I believe yesterday. ments of this bill and the Atomic En- pect my good friends to change their S. 104 ensured that the State and ergy Act.’’ minds. They are doing what they feel local jurisdictions could not hamstring Our amendment completely changes they must do for their State. But I do Federal intent by allowing the Atomic section 501 of the bill. There will be full hope my other colleagues who have not Energy Act and the Hazardous Mate- application of health and safety laws expressed support for our bill will un- rials Transportation Act to preempt all except where the local jurisdiction at- derstand just how far we have already inconsistent laws. Critics charged that tempts to unreasonably stand in the come to make accommodations and to this preemption authority was too way of the Federal mandate. reject the emotional rhetoric that has broad because it allowed Federal laws The administration’s position further been heard so often with regard to this to be preempted as well. states that S. 104 ‘‘would undermine bill. Our amendment, therefore, makes it the ongoing work at the permanent We are starting this bill with 63 clear that our bill would preempt State disposal site by siphoning away re- votes. That is what we had last year. It and local laws only, only where State sources.’’ is no secret that we are seeking a high- intransigence prevents Federal pur- That is simply not true. Our amend- er number. So we are prepared to adopt poses. We have adopted a more narrow ment establishes a user fee which was amendments today to further address approach that attempts to I think specifically added to provide sufficient the concerns of some Members who bring in a careful balance of State and funds for the construction and oper- have indicated concerns to the White Federal law. ation of a central storage facility and House as well and to generally try to We do not preempt Federal law. continued work at Yucca Mountain. tackle all reasonable concerns that Therefore, let us be very clear about Finally, the administration’s posi- still may persist about the bill. We what we have attempted to do with our tion states that ‘‘it would undermine April 9, 1997 CONGRESSIONAL RECORD — SENATE S2897 the credibility of the Nation’s nuclear proval of Congress, but if all proposed Board. He said repeatedly, as did the waste disposal program by designating to duck responsibility, then clearly it former Chairman of the Office of Ra- a site for an interim storage facility comes back to the Nevada test site in dioactive Waste Management, ‘‘Do not before viability has been assessed.’’ default. And the rationale for that is confuse viability with suitability. Suit- As I have said earlier, that is simply obvious. Without closing the loop, we ability is the final step before license not true. Our bill specifically condi- have left a loophole, and we would not applications can be pursued. No cen- tions the use of the Nevada test site as see a satisfactory determination by the tralized interim storage should be ap- a site for a temporary storage until parties who must bear the responsibil- proved before that suitability decision completion, until completion of a via- ity. And the Congress and the Senate has been made.’’ This is very clear. So, bility assessment for the repository at certainly share in that. in this debate let us not confuse suit- Yucca Mountain. We have attempted to So with that concluding remark, I ability with viability. mirror the administration’s position on yield and encourage the Chair to grant There have been constant statements this issue, and I think we have. an equal amount of time to my good made on this Senate floor during the Mr. President, we have worked very friends from Nevada. past few days that nuclear waste trans- hard to satisfy legitimate concerns of I thank the Chair. portation is just fine, they do it other the administration and all Senators. The PRESIDING OFFICER. The Sen- places. How many times have we heard We continue to remain open to sugges- ator from Nevada. statements, people saying we transport tions. Our willingness to consider new Mr. REID. Mr. President, will the nuclear waste all over? Let me read approaches will not stop with the Sen- Chair advise the Senator from Nevada from a letter written to my colleague, ate passage of this bill. There will be how much time the Senator from Alas- Senator RICHARD BRYAN, on March 28, consideration in the House, and there ka consumed? 1997. This is not something that took will be a conference. This is not the The PRESIDING OFFICER. The Sen- place in ancient history. This is a last word. We will continue our quest ator consumed 25 minutes. brandnew letter. Let me read it: for compromise that is not only accept- Mr. REID. Will the Chair advise the able to a bipartisan majority of Con- Senator when he has used 11 minutes? DEAR SENATOR BRYAN: As the Senate pre- gress but hopefully the President as The PRESIDING OFFICER. Yes, sir. pares for a vote on S. 104, I thought you well. If you will proceed, I will be happy to might find my recent experience with real- do that. world transportation of radioactive waste in Finally, Mr. President, I want to Gorleben, Germany of interest. again advise my colleagues of my Mr. REID. Mr. President, I do not In early March, I was part of an inter- thanks to Senator BINGAMAN for the ef- mean in any way to denigrate pigs. I forts made to accommodate his amend- like pigs. As far as I am concerned, national team which monitored the trans- they do not look too bad. But no mat- port of six CASTOR casks of high-level ments. I think we were able to accom- atomic waste from southern Germany to the modate seven of the eight. I would like ter how you dress up a pig, formal small northern farming community of to conclude by simply explaining the clothes or dress, it still looks like a Gorleben, a distance of about 300 miles. My one that we could not resolve. pig. And this legislation, no matter experiences are chronicled in the enclosed As the Chair is aware, Senator how you dress it up, still appears to be issue of the Nuclear Monitor. But I want to BINGAMAN opposes our provision, and garbage. It is a bill that is not good add just a few points. that specific provision is if the Yucca legislation. No matter how you dress it Too often, I feel like many of your Senate Mountain site fails as a permanent dis- up, it is a bad piece of legislation. Not colleagues believe nuclear waste transpor- posal site, if it fails in the sense of the the least reason for that, Mr. Presi- tation is just another routine industrial en- licensing viability or suitability test, dent, is the fact that now, this year, we deavor and that, if they vote for a bill like S. why, then the President must pick an are trying to interchange the word ‘‘vi- 104, this transport will just be carried out with few problems. alternative temporary site. Our posi- ability’’ with ‘‘suitability.’’ They are tion is that if we should get to this two totally different concepts with two The reality in Germany is quite different. point, and it is very unlikely that it totally different meanings. The CASTOR shipments were met with pro- could occur, that Yucca would fail as a As defined by the Department of En- test every mile of the way. The shipments were front page news in every German news- permanent disposal site, it would be ergy, viability is simply a finding that paper the entire week I was in the country. the President’s obligation to pick a to that point in time, no disqualifying Near Gorleben, a farming area and home of temporary site. It would also bind Con- characteristic has been found. It sim- the ‘‘interim’’ waste storage facility, opposi- gress in approving the President’s site. ply says to this point we have not yet tion to the transport and the ‘‘interim’’ fa- However, if Congress does not approve, found anything wrong. It does not cility is very nearly unanimous. In some or if the President fails to pick a site mean that the site will be suitable. towns nearby, I could not find a single house or farm that did not display anti-CASTOR, in 21⁄2 years, then we go back to the Ne- Subsequent to viability, there is sig- vada test site more or less as the de- nificant additional technical study to anti-nuclear, and anti-government signs. Farmers barricaded roads, and dug holes fault position. be pursued in the context of a reposi- under them so the 100-ton CASTOR casks Senator BINGAMAN’s position is a lit- tory design. The site could still be could not travel across them. Schoolchildren tle different. He says if Yucca fails and found unsuitable for an extended period were forcibly removed from their schools, so the President picks a site, and, of later, while they find out if it is suit- police could use them as staging areas. The course, Congress must approve, but if able. So an assessment of viability does CASTOR transports had changed a quiet, the Yucca site is not approved and the not mean much. conservative region of Germany into a bas- President does not pick, or Congress This distinction between viability tion of protest and anger, causing a divisive- does not approve, then the waste would and suitability has been repeatedly ness in German society only now being rec- ognized by the German Parliament, which stay where it is, at 80 sites in 41 States, pointed out to the Congress. It is a has begun hearings on the issues. and it would stay there, well, until we shame that in this debate, this year, developed a new nuclear waste program we are now trying to satisfy the ele- The transport of these six casks required ment of suitability by using the word 30,000 police and $100 million. More than 170 for the country. It could stay there ba- people were injured during demonstrations, sically, in his contention, for an ex- ‘‘viability.’’ The distinction was em- more than 500 arrested. Even the police have tended period of time. phasized by the immediate past Direc- called for an end to the shipments; they no We found that irreconcilable. We feel tor of DOE’s Office of Civilian Radio- more like arresting demonstrators (who that in order to bring this to a conclu- active Waste Management, who cannot many sympathize with) than they like sion, we have to structure the amend- be considered someone who is opposed guarding highly radioactive waste casks. I ments in such a way as to determine, to the nuclear industry. He simply said personally measured the radiation from one indeed, that if Yucca Mountain is not the finding of suitability is much dif- of these casks: at 15 feet, it was 50 times deemed to be an adequate site and if ferent and a much higher standard higher than background levels—an amount no one should involuntarily be exposed to, the President finds it necessary as a than the finding of viability. and pregnant women and children should consequence of Yucca not being The distinction was emphasized in S. never be exposed to. The police, of course, deemed an adequate site, the respon- 104 testimony by the Chairman of the stand much closer than 15 feet, and for hours sibility is the President’s, with the ap- Nuclear Waste Technical Review at a time. S2898 CONGRESSIONAL RECORD — SENATE April 9, 1997 Eight casks, of 420, have been shipped to period, then Nevada would become the purpose. What could be more out- Gorleben. Total cost to the German govern- default storage site. rageous than that? ment has been about $150 million. Each ship- Sponsors of S. 104 in this Senate and Such a policy goes beyond stupidity, ment the protests and anger increase, in- the nuclear industry know that no such goes beyond unfairness. It would know- stead of dying down. Perhaps obviously, while watching the designation is possible within 24 ingly risk public health and safety by casks lumber down the highway toward months. Everyone knows that. That is storing waste at a site that has been Gorleben, at about 2 miles per hour (it took why this substitute is as big a sham as determined to be an unsafe site, and, them about six hours to move the final 14 the original bill. As I indicated, you by storing waste on an open, concrete miles), surrounded by police and protestors, can dress up a pig however you want, pad, exposed—— I reflected on what this might mean to our but it is still a pig. This legislation is The PRESIDING OFFICER (Mr. own radioactive waste programs. We’re not still garbage, no matter how they try SMITH of Oregon). The Senator has used trying to move six casks, or eight, or even to dress it up. 11 minutes. 420. Under S. 104, we could be moving as many as 70,000 casks—not six in one year, They know that there has been spent Mr. REID. I thank the Chair. but six every day. And we wouldn’t be mov- to this point over a decade trying to By storing waste on an open, con- ing them 300 miles, but many hundreds and understand the area around Yucca crete pad, exposed to the weather and thousands of miles at a time. Mountain well enough to approve per- all manner of natural and accidental I frankly don’t know if we will experience manent storage there. They want to damage. That is wrong. Permanent protests like those in Germany, though I sus- void the billions of dollars spent in storage, because that is what it would pect we will. But I do know we will experi- Yucca Mountain and sidetrack, short- be, at a temporary site would be about ence the same type of anger expressed by the circuit the system. They know that the worst decision this Senate could local farmers and townspeople, the same type of distrust of government and author- any site that receives nuclear waste make. ity, and the same kinds of societal divisions. will keep it forever, because a perma- This legislation, this so-called sub- And I have to ask myself, has anyone in the nent repository will never be built. stitute, is as bad as the original bill. I Senate actually thought about what these That is the whole game of the very defy anyone to controvert what we waste shipments could mean? I fear not. powerful, greedy, devious, deceptive have talked about here today, about Nor, I am convinced, is the U.S. govern- nuclear waste industry. They do not the problems they had in Germany. ment as prepared as the German government want to play by the rules. They want Eight casks out of 420, moved 300 miles, to handle these shipments. Germany was not thousands of miles like we are able to place 30,000 police, brought in from to have their own game where they set all across the country, along the transport their own rules, as they are trying to moving them here. They had to call route. Medical people and the Red Cross were do in S. 104, and they are trying to doc- out 30,000 police and army personnel to well in evidence. The first line of emergency tor it up by saying we have made the allow those to proceed, at a cost of $150 responders—the police—obviously were goal lines not 100 yards apart, they are million. present for every mile of the transport. And only 80 yards apart. That is not true. I reserve the remainder of my time. they were clearly well-trained, if sometimes They know once waste is moved from The PRESIDING OFFICER. The Sen- visibly uncomfortable in their roles. its generator site to a centralized site, ator from Nevada is recognized. It will not work to simply load up a huge it will never be moved again. A suit- Mr. BRYAN. Mr. President, I thank cask of high-level atomic waste from a nu- the Chair. I yield myself such time as clear utility and send it onto an American ability decision will permit designation highway or railway like a truck or boxcar of a site. Viability will not. I may need. carrying cars or oranges or even gasoline or So the only possible way to proceed, Mr. President, I want to continue some other hazardous material. Radioactive the only way to overcome the over- this discussion of my colleague. Each waste shipments are qualitatively different whelming opposition to centralized in- of us was thinking in the same frame of and require much more thought, planning terim storage, is to designate an in- reference. He said no matter how much and contemplation than the U.S. Senate so terim storage site at a place that has you dress up a pig it’s still a pig. I far appears willing to provide. learned as a youngster the old adage, In the end, it required establishment of a already been found suitable for perma- literal police state in the Wendland area of nent disposal of spent nuclear fuel. you cannot make a silk purse out of a Germany, and very nearly a war zone, to That is the only way to do it. sow’s ear. You cannot make a silk complete this cask movement. I do not be- It is this inability to see that S. 104 purse out of a sow’s ear. And that is ex- lieve this would be a credible or accepted is putting the horse behind the cart, actly what we have here. policy in the United States. that is, establishing an interim site be- We have not had a chance to review With only eight of 420 casks shipped, Ger- fore a suitability decision—it is this in detail all the asserted changes that many’s Parliament is re-evaluating the en- blindness that compels me to believe S. the chairman of the committee in- tire program. Perhaps we can learn from tends, and we will have a chance to them, and begin our re-evaluation before the 104 is really all about sabotaging this shipments start. country’s avowed policy to perma- comment on that tomorrow. But I would be happy to further brief you or nently dispose of nuclear waste. central to this debate, the basic issue, your colleagues on my experiences at your The industry, with all their money the point at which all discussion be- convenience. and all their profits, want to change gins, every thoughtful and analytical It is signed by Michael Mariotte. the system. They want to change the and policy frame of reference, is the So, Mr. President, saying you can rules in the middle of the ball game. question of whether or not we should ship these casks with no problem is Everyone knows that Nevada is not place interim storage anywhere before just not common sense, in light of happy with Yucca Mountain. But at a determination is made with respect what has happened in other places of least some rules have been established to a permanent repository or dump. the world. In the country of Germany, there, where scientists have at least That is why the administration contin- a very sophisticated country, Par- some say in what is going on there. ues to oppose this legislation, Senator liament has had to stop the shipment And the reason the nuclear waste in- BINGAMAN opposes this legislation, why program. dustry is willing to change—wants to every environmental organization in This substitute is no different from change the rules in the middle of the America opposes this legislation. Be- the bill as originally submitted. S. 104 game is they know that Yucca Moun- cause the basic flaw is this is unneces- and its nuclear industry advocates in- tain is being, at this stage, studied, sary and unwise. We will have a chance sist that waste will be stored in Nevada analyzed, and characterized in a fair to expand upon this tomorrow. no matter what. And they do not at all fashion. But you go back to the origin of this consider the transportation problems, Think about it. S. 104 would move debate, 17 years ago, you scratch the as I indicated we should. The sub- nuclear waste to Nevada and store it surface and always the nuclear utility stitute amendment says that if Yucca there permanently at a site that has industry and its highly paid advocates Mountain is determined unacceptable been found unsuitable for that purpose. have one mission and one mission by the President, then a different in- I repeat. Think about it. S. 104 would only—remove the waste from the reac- terim storage site must be designated move nuclear waste to Nevada and tor site. That was the essence of the within 24 months. If a different interim store it there permanently at a site debate, as we have pointed out time site is not so designated within that that has been found unsuitable for that and time again on the floor dating April 9, 1997 CONGRESSIONAL RECORD — SENATE S2899 back to 1980 when then the Holy Grail to defend the course of action that our spent fuel cell assembly is removed of the industry was an ‘‘away-from-re- colleagues on the other side of this from the reactor because it no longer actor’’ storage program; the same basic issue would urge upon the body. This has the efficiency necessary to gen- concept, anywhere away from here, get has absolutely nothing to do with erate electrical power, it is stored for it out, away from reactor storage. The science; it has everything to do with many, many years in a spent-fuel pond Congress wisely rejected in 1980 that nuclear politics as advocated by the or pool for it to cool off for a period of approach, just as they have rejected nuclear power industry and their le- time. We are talking about reactors that approach consistently, year after gions of lobbyists who line the hall- that are licensed up to the period of year. ways and the corridors of this Cham- 2033. So we are going to have nuclear I want to refer to the Nuclear Waste ber, as well as the other body. waste stored at many sites around the Technical Review Board. We have A second point I think needs to be country for many, many years, irre- talked about that a great deal. Much made here and was addressed, in part, spective of S. 104. has been made of its contents. But the by my senior colleague, and that is the So the notion that is held out of point that needs to be made is there is transportation issue. If we should not ‘‘pass this bill and we will have no nu- no urgent technical need for interim be moving it at all until a decision is clear waste other than at the site des- storage of spent fuel—none. Our col- made, why place at risk the citizens of ignated in this bill, the Nevada test league, the ranking member of the 43 States, 51 million people, along high- site,’’ is certainly a false premise and, committee, last night, the senior Sen- way and rail corridors in America? indeed, once the waste is removed, the ator from Arkansas [Mr. BUMPERS], Senator REID is quite correct that Eu- reactor itself remains and is hazardous went on at great length about: There is rope is often cited: ‘‘My gosh, they for an extended period of time. no necessity, no need to do so. Indeed, have their situation handled; why can’t There are many things we will be any thoughtful policy approach rejects we do it here?’’ Believe me, once you talking about in more detail during the that premise. start moving 85,000 metric tons of high- course of the debate over the next few Again, in 1997, a reconstituted Nu- level nuclear waste, you are going to days. But no matter how they try to clear Waste Technical Review Board have communities, and rightly so, ex- recast this as a different piece of legis- reaches the same conclusion, namely ercised about the transport of those lation, some chameleon-hued piece of that there is no necessity and no rea- kinds of volumes. nuclear legislation, when you get to son to move at this time. The chairman of the committee says, the very essence, the core of the legis- They make a second point here that ‘‘Well, we’re shipping nuclear waste lation, its fatal and unperfectable flaw I think is important to emphasize, and around now.’’ That is true to some ex- is that it calls for siting interim stor- that is, if the site selection process is tent, but the difference between 2,500 age before the decision is made on the to retain any integrity at all, here is shipments and 17,000 shipments in permanent facility, and no one in the what Dr. Cohon said in his testimony which the 2,500 shipments have trav- scientific community is arguing for of February 5: eled 900 miles or less is a vastly dif- that proposition. However, to maintain the credibility of the ferent proposition in terms of mag- So this is nuclear politics, and we are site-suitability decision, siting a centralized nitude of risk of shipping waste over simply responding to the bidding of the storage near Yucca Mountain— thousands of miles. Remember, most of nuclear utility industry, which, for That is interim storage he has ref- these reactors are in the East and more than a decade now, has urged the erence to— would be transported virtually from Congress, in one form or another, to re- should be deferred until a technically de- coast to coast, a very different propo- move the reactor waste, send it some- fensible site-suitability determination can sition again. where else, send it anywhere, but get it be made at Yucca Mountain. Something else that we have tried to out from under us, and that is the ob- That is the essence of the argument, make understandable in this debate to jection that the policymakers, who that no decision should be made until a our opponents is the fact that the have given this their thoughtful atten- defensible site-suitability determina- casks that would be used have not yet tion—the President of the United tion can be made at Yucca Mountain. been designed, nor have they been man- States and others—have said that is He goes on to say: ufactured. So we are talking about a what is wrong with this legislation. It We have estimated that such a determina- totally different reconfigured cask that is what was wrong with the legislation tion could be made within about 4 years. will take some time. in 1996, and that has not changed in the Those are Dr. Jared Cohon’s com- I invite my colleagues’ attention to original form in which this bill was in- ments. the testimony of Dr. Jared Cohon, troduced, and based upon the discus- So, Mr. President, it is clear that the again, earlier this year when he indi- sion of the chairman of the committee, nuclear utility industry is scrambling cated that it is not just a siting deci- it has not changed in the substitute at the last moment to put together a sion. He says: that is being proposed. few flourishes on the legislation that is But developing a storage facility— Mr. President, I yield the floor and before us, but they will not and cannot And he is referring there, again, to suggest the absence of a quorum. change the basic flaw in that they interim storage— The PRESIDING OFFICER. The would propose to site interim storage requires more than a siting decision. It clerk will call the roll. at the Nevada test site before a deter- also requires the development of a transpor- The assistant legislative clerk pro- mination is made with respect to the tation system, and it is likely that such ceeded to call the roll. permanent repository. transportation system will take several Mr. LOTT. Madam President, I ask Let me say, for those who have fol- years to develop. unanimous consent that the order for lowed this issue over the years, the So the notion that somehow instan- the quorum call be rescinded. only justification for siting it at the taneously this problem is taken care The PRESIDING OFFICER. Without Nevada test site—and this was debated of, just pass S. 104 and all of our prob- objection, it is so ordered. last year on the floor, to some extent— lems go away. CLOTURE MOTION was the assumption, the predicate that I want to respond to one other issue Mr. LOTT. Madam President, I send a Yucca Mountain would be the perma- briefly before concluding. The notion is cloture motion to the desk to the pend- nent repository. That was the only somehow fostered here that if an in- ing committee substitute. basis. How in the world can you place terim storage facility is located at the The PRESIDING OFFICER. The clo- interim storage until you have a deter- Nevada test site, that rather than hav- ture motion having been presented mination made as to whether the per- ing 109 different reactor sites around under rule XXII, the Chair directs the manent facility, which is the whole the country where nuclear waste is clerk to read the motion. predicate of the interim storage licens- stored, we will have only one. Mr. The legislative clerk read as follows: ing decision, has been determined, and President, that is not correct. We will CLOTURE MOTION that has not occurred. have 110, not 109. We, the undersigned Senators, in accord- So this has nothing to do with Many people may not be familiar ance with the provisions of Rule XXII of the science. Frequently, science is invoked with the fact that immediately after a Standing Rules of the Senate, do hereby S2900 CONGRESSIONAL RECORD — SENATE April 9, 1997 move to bring to a close debate on the sub- our integrated investment agenda to H.R. 968. An act to amend title XVIII and stitute amendment to S. 104, the Nuclear promote scientific research, catalyze XIX of the Social Security Act to permit a Policy Act: technological innovation, sustain a waiver of the prohibition of offering nurse Trent Lott, Frank Murkowski, Lauch sound business environment for re- aide training and competency evaluation Faircloth, Phil Gramm, Craig Thomas, programs in certain nursing facilities; to the search and development, strengthen Committee on Finance. Gordon Smith, Ted Stevens, Pete Do- national security, build global stabil- menici, Slade Gorton, Larry Craig, Wil- f liam Roth, Conrad Burns, Spencer ity, and advance educational quality Abraham, Bob Smith, Susan Collins, and equality from grade school to grad- MEASURE PLACED ON THE and Don Nickles. uate school. Many achievements are CALENDER Mr. LOTT. Madam President, for the presented in the report, together with The following measure was read the information of all Senators, this clo- scientific and technological opportuni- second time and placed on the cal- ture vote would occur on Friday unless ties deserving greater emphasis in the endar: consent can be granted for a vote on coming years. S. 522. A bill to amend the Internal Reve- Thursday. Also, the interested parties Most of the Federal research and edu- nue Code of 1986 to impose civil and criminal are in the process of negotiating a con- cation investment portfolio enjoyed bi- penalties for the unauthorized access of tax sent agreement that would call for the partisan support during my first Ad- returns and tax return information by Fed- final passage of S. 104 by the close of ministration. With the start of a new eral employees and other persons, and for other purposes. business tomorrow. Needless to say, if Administration, I hope to extend this that is agreed to, the cloture vote partnership with the Congress across f would not be necessary. I encourage the entire science and technology port- INTRODUCTION OF BILLS AND our colleagues to continue to negotiate folio. Such a partnership to stimulate JOINT RESOLUTIONS on this important legislation, and I scientific discovery and new tech- The following bills and joint resolu- hope that they will be able to reach an nologies will take America into the tions were introduced, read the first agreement shortly. new century well-equipped for the chal- and second time by unanimous con- f lenges and opportunities that lie sent, and referred as indicated: ahead. MORNING BUSINESS The future, it is often said, has no By Mr. CAMPBELL (for himself and Mr. CONRAD): Mr. LOTT. Madam President, I ask constituency. But the truth is, we must S. 528. A bill to require the display of the unanimous consent that there now be a all be the constituency of the future. POW/MIA flag on various occasions and in period for the transaction of morning We have a duty—to ourselves, to our various locations; to the Committee on the business with Senators permitted to children, to future generations—to Judiciary. speak for up to 5 minutes each. make these farsighted investments in By Mr. GRASSLEY (for himself and The PRESIDING OFFICER. Without science and technology to help us mas- Mr. GRAMS): ter this moment of change and to build S. 529. A bill to amend the Internal Reve- objection, it is so ordered. nue Code of 1986 to exclude certain farm f a better America for the 21st century. rental income from net earnings from self- WILLIAM J. CLINTON. employment if the taxpayer enters into a REPORT CONCERNING SCIENCE THE WHITE HOUSE, April 9, 1997. lease agreement relating to such income; to AND TECHNOLOGY POLICY—MES- f the Committee on Finance. SAGE FROM THE PRESIDENT— By Mr. KOHL: PM 28 MESSAGES FROM THE HOUSE S. 530. A bill to amend title 11, United At 4:02 p.m., a message from the States Code, to limit the value of certain The Presiding Officer laid before the real and personal property that a debtor may Senate the following message from the House of Representatives, delivered by Mr. Hays, one of its reading clerks, an- elect to exempt under State or local law, and President of the United States, to- for other purposes; to the Committee on the gether with an accompanying report; nounced that the House has passed the Judiciary. which was referred to the Committee following bills, in which it requests the By Mr. ROTH (for himself, Mr. BAUCUS, on Commerce, Science, and Transpor- concurrence of the Senate: Mr. BIDEN, Mrs. BOXER, Mr. DODD, tation. H.R. 28. An act to amend the Housing Act Mr. DURBIN, Mr. FEINGOLD, Mrs. FEIN- of 1949 to extend the loan guarantee program STEIN, Mr. HARKIN, Mr. KOHL, Mr. To the Congress of the United States: for multifamily rental housing in rural LAUTENBERG, Mr. LEAHY, Mr. A passion for discovery and a sense of areas. LIEBERMAN, Mrs. MURRAY, Mr. adventure have always driven this Na- H.R. 394. An act to provide for the release TORRICELLI, Mr. WELLSTONE, and Mr. tion forward. These deeply rooted of the reversionary interest held by the Unit- WYDEN): S. 531. A bill to designate a portion of the American qualities spur our determina- ed States in certain property located in the County of Iosco, Michigan. Arctic National Wildlife Refuge as wilder- tion to explore new scientific frontiers H.R. 785. An act to designate the J. Phil ness; to the Committee on Environment and and spark our can-do spirit of techno- Campbell, Senior, National Resource Con- Public Works. logical innovation. Continued Amer- servation Center. By Mr. BAUCUS (for himself, Mr. ican leadership depends on our endur- H.R. 968. An act to amend title XVIII and KEMPTHORNE, Mr. THOMAS, Mr. DOR- ing commitment to science, to tech- XIX of the Social Security Act to permit a GAN, Mr. CONRAD, Mr. DASCHLE, Mr. nology, to learning, to research. waiver of the prohibition of offering nurse JOHNSON, Mr. CRAIG, Mr. BURNS, Mr. Science and technology are trans- aide training and competency evaluation ENZI, Mr. HARKIN, Mr. BINGAMAN, Mr. programs in certain nursing facilities. ROBERTS, Mr. KERREY, and Mr. forming our world, providing an age of H.R. 1000. An act to require States to es- GRASSLEY): possibility and a time of change as pro- tablish a system to prevent prisoners from S. 532. A bill to authorize funds to further found as we have seen in a century. We being considered part of any household for the strong Federal interest in the improve- are well-prepared to shape this change purposes of determining eligibility of the ment of highways and transportation, and and seize the opportunities so as to en- household for food stamp benefits and the for other purposes; to the Committee on En- able every American to make the most amount of food stamp benefit to be provided vironment and Public Works. of their God-given promise. One of the to the household under the Food Stamp Act By Mr. MURKOWSKI (for himself and Mr. STEVENS): most important ways to realize this vi- of 1977. f S. 533. A bill to exempt persons engaged in sion is through thoughtful investments the fishing industry from certain Federal in science and technology. Such invest- MEASURES REFERRED antitrust laws; to the Committee on the Ju- ments drive economic growth, generate The following bills were read the first diciary. new knowledge, create new jobs, build By Mr. DODD: and second times by unanimous con- S. 534. A bill to amend chapter 44 of title new industries, ensure our national se- sent and referred as indicated: curity, protect the environment, and 18, United States Code, to improve the safety H.R. 394. An act to provide for the release of handguns; to the Committee on the Judi- improve the health and quality of life of the reversionary interest held by the Unit- ciary. of our people. ed States in certain property located in the By Mr. MCCAIN (for himself, Mr. This biennial report to the Congress County of Iosco, Michigan; to the Committee WELLSTONE, Mr. GLENN, Mr. COCH- brings together numerous elements of on Agriculture, Nutrition, and Forestry. RAN, Mr. BURNS, Mr. MOYNIHAN, Mr. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2901 HARKIN, Mr. DODD, Mr. LEAHY, Mr. By Ms. SNOWE: membered with dignity and honor. It is BOND, Mr. BINGAMAN, Mr. CAMPBELL, S. 542. A bill to authorize the Secretary of a moving and emotional moment to Mr. MACK, Mr. TORRICELLI, Mr. Transportation to issue a certificate of docu- pause at this reserved pew, to be en- GRASSLEY, Mr. INOUYE, Mr. HOLLINGS, mentation with appropriate endorsement for couraged by the burning candle, to re- Mr. ROBB, Mr. DURBIN, Mrs. BOXER, employment in the coastwise trade for the Mr. BRYAN, Mr. DASCHLE, Mr. FORD, vessel FAR HORIZONS; to the Committee on call the valor and sacrifice of those sol- Mr. D’AMATO, Mr. REID, Mr. LAUTEN- Commerce, Science, and Transportation. diers, sailors, and pilots and to be in- BERG, Ms. MIKULSKI, Mr. FAIRCLOTH, By Mr. COVERDELL (for himself, Mr. spired today by what they have done. Mr. LEVIN, Ms. COLLINS, Mr. KERRY, MCCONNELL, Mr. ABRAHAM, Mr. We can do more to honor the memory Mrs. MURRAY, Mr. REED, Mr. KEN- SANTORUM, and Mr. ASHCROFT): of the POW’s and MIA’s who have NEDY, Mr. SANTORUM, Mrs. FEINSTEIN, S. 543. A bill to provide certain protections served in our Nation’s wars. and Mr. ROCKEFELLER): to volunteers, nonprofit organizations, and Therefore, today I am introducing S. 535. A bill to amend the Public Health governmental entities in lawsuits based on the National POW/MIA Recognition Service Act to provide for the establishment the activities of volunteers; read the first Act of 1997. This act would authorize of a program for research and training with time. respect to Parkinson’s disease; to the Com- S. 544. A bill to provide certain protections the POW/MIA flag to be displayed over mittee on Labor and Human Resources. to volunteers, nonprofit organizations, and military installations, post offices, and By Mr. GRASSLEY (for himself, Mr. governmental entities in lawsuits based on memorials around the Nation and DEWINE, Mr. DASCHLE, Mr. BIDEN, Mr. the activities of volunteers; to the Commit- other appropriate places of significance D’AMATO, Mr. SHELBY, Mr. KOHL, Mr. tee on the Judiciary. on Armed Forces Day, Memorial Day, GRAHAM, Mr. CLELAND, Mr. HATCH, f Flag Day, Independence Day, Veterans Mr. HARKIN, Mr. THURMOND, Mr. STE- Day, National POW/MIA Recognition VENS, Mr. DURBIN, Mr. HUTCHINSON, SUBMISSION OF CONCURRENT AND Day, and on the last business day be- Mr. ABRAHAM, Mr. REID, Mr. SENATE RESOLUTIONS fore each of the preceding holidays. A FEINGOLD, and Mrs. MURRAY): S. 536. A bill to amend the National Nar- The following concurrent resolutions companion bill has been introduced in cotics Leadership Act of 1988 to establish a and Senate resolutions were read, and the House of Representatives by Con- program to support and encourage local com- referred (or acted upon), as indicated: gresswoman JANE HARMAN from Cali- munities that first demonstrate a com- By Mr. MCCAIN (for himself, Mr. fornia. prehensive, long-term commitment to reduce KERRY, Mr. HELMS, Mr. KERREY, Mr. Congress has officially recognized the substance abuse among youth, and for other ROBB, Mr. ROTH, and Mr. THOMAS): National League of Families POW/MIA purposes; to the Committee on the Judici- S. Res. 69. Resolution expressing the sense flag. Displaying this flag would be a ary. of the Senate regarding the March 30, 1997, powerful symbol to all Americans that By Ms. MIKULSKI (for herself, Ms. terrorist grenade attack in Cambodia; to the we have not forgotten—and will not SNOWE, Mrs. FEINSTEIN, Mrs. Committee on Foreign Relations. forget. HUTCHISON, Mrs. BOXER, Ms. By Mr. D’AMATO (for himself, Mr. As you know, the United States has MOSELEY-BRAUN, Mrs. MURRAY, Ms. CAMPBELL, Mr. KEMPTHORNE, Mr. COLLINS, Ms. LANDRIEU, Mr. HARKIN, ABRAHAM, Mr. LAUTENBERG, Mr. GRA- fought in many wars, and thousands of Mr. COCHRAN, Mr. KENNEDY, Mr. HAM, Mr. REID, and Mr. FEINGOLD): Americans who served in those wars BIDEN, Mr. FAIRCLOTH, Mr. DASCHLE, S. Con. Res. 19. Concurrent resolution con- were captured by the enemy or listed Mr. WYDEN, Mr. INOUYE, Mr. SAR- cerning the return of or compensation for as missing in action. In 20th century BANES, Mr. BINGAMAN, Mr. HUTCHIN- wrongly confiscated foreign properties in wars alone, more than 147,000 Ameri- SON, Mr. FORD, Mr. REID, Mr. LEAHY, formerly Communist countries and by cer- cans were captured and became pris- Mr. DODD, Mr. ABRAHAM, Mr. BEN- tain foreign financial institutions; to the oners of war; of that number more than NETT, Mr. CHAFEE, Mr. FEINGOLD, Mr. Committee on Foreign Relations. GREGG, Mr. REED, Mr. MACK, Mr. 15,000 died while in captivity. When we f ROBB, Mr. JEFFORDS, Mr. LEVIN, Mr. add to the number those who are still FRIST, Mr. BOND, Mr. WELLSTONE, Mr. STATEMENTS ON INTRODUCED missing in action, we realize that more SPECTER, Mr. BURNS, Mr. GLENN, Mr. BILLS AND JOINT RESOLUTIONS can be done to honor their commit- COATS, Mr. AKAKA, and Mr. ment to duty, honor, and country. LIEBERMAN): By Mr. CAMPBELL (for himself The display of the POW/MIA flag S. 537. A bill to amend title III of the Pub- and Mr. CONRAD): would be a forceful reminder that we lic Health Service Act to revise and extend S. 528. A bill to require the display of the mammography quality standards pro- care not only for them, but also for the POW/MIA flag on various occasions their families who personally carry gram; to the Committee on Labor and and in various locations; to the Com- Human Resources. with them the burden on sacrifice. We By Mr. CRAIG (for himself and Mr. mittee on the Judiciary. want them to know that they do not KEMPTHORNE): THE NATIONAL POW/MIA RECOGNITION ACT OF stand alone, that we stand with them S. 538. A bill to authorize the Secretary of 1997 and beside them, as they remember the the Interior to convey certain facilities of Mr. CAMPBELL. Mr. President, I loyalty and devotion of those who the Minidoka project to the Burley Irriga- want to begin my statement today de- served. tion District, and for other purposes; to the scribing a powerful and emotional As a veteran who served in Korea, I Committee on Energy and Natural Re- sight that moves us to the core of our sources. personally know that the remembrance By Mr. BROWNBACK (for himself, Mr. faith and beliefs about America and of another’s sacrifice in battle is one of LIEBERMAN, Mr. DEWINE, and Mr. about those who served in the Armed the highest and most noble acts we can KOHL): Forces of our Nation. do. Let us now demonstrate our indebt- S. 539. A bill to exempt agreements relat- Many of us have visited one or more edness and gratitude for those who ing to voluntary guidelines governing tele- of the military academies that train served that we might live in freedom. cast material from the applicability of the our future military leaders. These Just as those special reserved pews in antitrust laws; to the Committee on the Ju- academies have varied missions and the chapels of the military academies diciary. yet all of them share in the critical recall the spirit and presence of our By Mr. BIDEN (for himself, Ms. MIKUL- task of developing leaders for their SKI, and Mr. TORRICELLI): POW’s and MIA’s, so too will the dis- S. 540. A bill to amend title XVIII of the particular service. On the grounds of play of their flag over military instal- Social Security Act to provide annual each academy is a chapel, a spectacu- lations and other Government offices screening mammography and waive coinsur- lar place that at once identifies itself be a special reminder that we have not ance for screening mammography for women as a place of worship. forgotten—and will not forget. Before age 65 or older under the medicare program; In each chapel, a place has been re- this coming Memorial Day I invite my to the Committee on Finance. served for the prisoners of war and the Senate colleagues to please join me in By Mr. ALLARD: missing in action from their particular passing this bill to display the POW/ S. 541. A bill to provide for an exchange of service. A pew has been set aside and lands with the city of Greely, Colorado, and MIA flag on national days of celebra- The Water Supply and Storage Company to marked by a candle, a powerful symbol tion. eliminate private inholdings in wilderness that not all have returned from battle. Mr. President, I ask unanimous con- areas, and for other purposes; to the Com- This hallowed place has been set aside sent that the bill be printed in the mittee on Energy and Natural Resources. so that all POW’s and MIA’s are re- RECORD. S2902 CONGRESSIONAL RECORD — SENATE April 9, 1997 There being no objection, the bill was to such income; to the Committee on Specifically, our legislation would ordered to be printed in the RECORD, as Finance. clarify that when the IRS is applying follows: THE FARM INDEPENDENCE ACT OF 1997 the self-employment tax to the cash S. 528 Mr. GRASSLEY. Mr. President, I rise rent farm leases, it should limit its in- Be it enacted by the Senate and House of Rep- to introduce a bill on the Internal Rev- quisition to the lease agreement. This resentatives of the United States of America in enue Code. From time to time we need is not an expansion of the law for the Congress assembled, to change the Internal Revenue Code, taxpayers. Rather, it is a narrowing of SECTION 1. SHORT TITLE. particularly when it deals with agri- an antitaxpayer expansion initiated by This Act may be cited as the ‘‘National culture. However, there may be some the Internal Revenue Service. The tax POW/MIA Recognition Act of 1997’’. people listening who do not understand law does not ordinarily require cash SEC. 2. FINDINGS. agriculture. They may see these efforts rent landlords in cities to pay the self- Congress finds that— as doing something special for farmers. employment tax. Indeed, cash rent (1) the United States has fought in many I want to clarify today that I am a per- farm landlords are the only ones occa- wars, and thousands of Americans who son who comes from the school of sionally required to pay the tax. This served in those wars were captured by the thought that every penny of legal tax enemy or listed as missing in action; is due to a 40-year-old exception that (2) many of these Americans are still miss- that is owed the Federal Government allowed the retired farmers of the late ing and unaccounted for, and the uncer- should be paid. But I think, also, we 1950’s to become vested in the Social tainty surrounding their fates has caused have a responsibility, as Representa- Security system. tives of the people, to make sure that their families to suffer tragic and continuing However, the law originally imposed hardships; we balance taxpayers’ compliance with (3) as a symbol of the Nation’s concern and taxpayers’ rights. the tax on farm landlords only when commitment to accounting as fully as pos- The legislation I am introducing their lease agreements with their rent- sible for all Americans still held prisoner, today is centered on a proposition that ers required the landlord to participate missing, or unaccounted for by reason of has been the law for approximately 40 in the operation of the farm and in the their service in the Armed Forces and to years. It proscribes that most farm farming of the land. honor the Americans who in future wars may landlords, just like small business peo- be captured or listed as missing or unac- Forty years later and we are here counted for, Congress has officially recog- ple and other commercial landlords, today, the IRS has expanded the appli- nized the National League of Families POW/ should not have to pay self-employ- cation of the self-employment tax for MIA flag; and ment tax on cash rent income. For 40 farmland owners. Now the Tax Court (4) the American people observe and honor years it has been that way for farm has told the IRS that in one particular with appropriate ceremony and activity the people and city people alike. But in instance, the IRS could look beyond third Friday of September each year as Na- 1995, there was an Arkansas Federal the lease agreement. On this very lim- tional POW/MIA Recognition Day. tax court case that said the IRS could ited authority, the IRS has unilater- SEC. 3. DEFINITION OF POW/MIA FLAG. take other expansive factors into con- ally expanded the one court case even In this Act, the term ‘‘POW/MIA flag’’ sideration. As a result of that tax case, means the National League of Families further so it now approximates a na- the IRS decided to issue a related tech- tional tax policy. POW/MIA flag recognized and designated by nical advice memorandum. These are section 2 of Public Law 101–355 (104 Stat. 416). widely deemed to be IRS policy state- Our legislation clarifies that the IRS SEC. 4. DISPLAY. ments on the law. As a result, many should examine only the lease agree- The POW/MIA flag shall be displayed on farm landlords are now treated dif- ment. Thus, it would preserve the pre- Armed Forces Day, Memorial Day, Flag Day, 1996 status quo. We want to preserve Independence Day, Veterans Day, National ferently from commercial and other city landlords. Consequently, farmers the historical self-employment tax POW/MIA Recognition Day, and on the last treatment of farm rental agreements, business day before each of the preceding and retired farmers now find them- holidays, on the grounds or in the public lob- selves paying 15.3 percent self-employ- equating them with landlords in small bies of— ment tax on cash rent. businesses and commercial properties (1) major military installations as des- So, I say to the IRS, as I give an ex- within the cities. The 1957 tax law was ignated by the Secretary of Defense; planation for my legislation this morn- designed to benefit retired farmers of (2) Federal national cemeteries; ing: Don’t try to game the system. The that generation so that they would (3) the national Korean War Veterans Me- qualify for Social Security. morial; law remains what people have counted (4) the national Vietnam Veterans Memo- on for 40 years. Unless there is an act So, obviously, those persons of the rial; of Congress, you ought to respect his- 1950’s have all since passed from the (5) the White House; tory before you change the rules. Obvi- scene. Their children and grand- (6) the official office of the— ously, the test of time ought to prove children are now the victims of this (A) Secretary of State; the taxpayer was right and the IRS was IRS expansion of their old rule. Con- (B) Secretary of Defense; wrong, particularly since there now is (C) Secretary of Veterans Affairs; and gress does not intend that farm owners (D) Director of the Selective Service Sys- a difference between the farm sector be treated differently from other real tem; and and the city sector. estate owners, other than as they have (7) United States Postal Service post of- The correct rationale is simple, the been historically. We need the clarity fices. self employment tax applies to income provided in our legislation in order to SEC. 5. REPEAL OF PROVISION RELATING TO DIS- from labor or employment. Income turn back an improper, unilateral, and PLAY OF POW/MIA FLAG. from cash rents represents the value of targeted IRS expansion of old tax law. Section 1084 of the National Defense Au- ownership or equity in land, not labor In other words, I see this legislation as thorization Act for Fiscal Years 1992 and 1993 or employment. Therefore, the self em- removing this new IRS barrier to the (36 U.S.C. 189 note, Public Law 102–190) is re- ployment tax should not ordinarily family farm and the American dream. pealed. apply to income from cash rents. SEC. 6. REGULATIONS. So, along with Senator GRAMS of I ask unanimous consent that the Not later than 180 days after the date of Minnesota, I am introducing this bill text of our bill be printed in the enactment of this Act, the agency or depart- so farmers and retired farmers are not RECORD. ment responsible for a location listed in sec- tion 2 shall prescribe any regulation nec- going to be encroached upon by the There being no objection, the bill was essary to carry out the provisions of this IRS and the Tax Code as a result of ordered to be printed in the RECORD, as Act. this Arkansas Federal tax court case follows: and the IRS technical advice memoran- S. 529 By Mr. GRASSLEY (for himself dum. The IRS has thus, through this and Mr. GRAMS): court case and broadened by its own Be it enacted by the Senate and House of Rep- S. 529. A bill to amend the Internal pronouncement, introduced a new bar- resentatives of the United States of America in Revenue Code of 1986 to exclude certain rier to the family farmer. Our legisla- Congress assembled, farm rental income from net earnings tion would remove this new IRS barrier SECTION 1. SHORT TITLE. from self-employment if the taxpayer so that farm families and retired farm- This Act may be cited as the ‘‘Farm Inde- enters into a lease agreement relating ers can continue to operate. pendence Act of 1997’’. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2903 SEC. 2. LEASE AGREEMENT RELATING TO EXCLU- with critical relief from the death tax Under section 522 of the Code, a debt- SION OF CERTAIN FARM RENTAL IN- and capital gains taxes are back-door or may opt to exempt his home accord- COME FROM NET EARNINGS FROM SELF-EMPLOYMENT. attempts by the IRS to actually raise ing to local, State, or Federal bank- (a) INTERNAL REVENUE CODE.—Section taxes on our farmers and ranchers. ruptcy provisions. The Federal exemp- 1402(a)(1)(A) of the Internal Revenue Code of First, came the alternative minimum tion allows the debtor to shield up to 1986 (relating to net earnings from self-em- tax which attacked cash-based ac- $15,000 of value in his house. The State ployment) is amended by striking ‘‘an ar- counting. Second, came a decision that exemptions vary tremendously: some rangement’’ and inserting ‘‘a lease agree- income from culled cows—cows that States do not allow the debtor to ex- ment’’. don’t milk—is income that disqualifies (b) SOCIAL SECURITY ACT.—Section empt any of his home’s value, while 211(a)(1)(A) of the Social Security Act is low-income farmers from receiving the eight States set no ceiling and allow an amended by striking ‘‘an arrangement’’ and earned income tax credit. And, now, unlimited exemption. The vast major- inserting ‘‘a lease agreement’’. the IRS wants to exact a 15.3-percent ity of States have exemptions under (c) EFFECTIVE DATE.—The amendments tax increase on thousands of American $40,000. made by this section shall apply to taxable farmers and ranchers. My amendment under section 522 years beginning after December 31, 1997. Mr. President, I am 100 percent com- would cap State exemptions so that no mitted to providing Minnesota farmers Mr. GRAMS. Mr. President, I rise debtor could ever exempt more than with tax relief they desperately need. I this morning in strong support of the $100,000 of the value of his home. hope the President and others in Con- Farm Independence Act of 1997 which Mr. President, in the last few years, gress come around on this issue as my good friend, Senator GRASSLEY, and the ability of debtors to use State well. homestead exemptions has led to fla- I introduce here today. This legislation But, at a bare minimum, the Presi- is critical in protecting American grant abuses of the Bankruptcy Code. dent should send a signal to the IRS Multimillionaire debtors have moved farmers and ranchers from yet another that these back-door attempts to raise IRS attack—the third this year—on to one of the eight States that have un- revenues on the backs of the Nation’s limited exemptions—most often Flor- the family farm. farmers and ranchers is totally unac- I suspect when President Grover ida or Texas—bought multi-million- ceptable. dollar houses, and continued to live Cleveland remarked that, ‘‘just when I am convinced that a second gold like kings even after declaring bank- you thought you were making ends age of agriculture is within reach in ruptcy. This shameless manipulation of meet, someone moves the ends,’’ the the final days of this century and also the Bankruptcy Code cheats creditors former President must have been the whole of the next if only we in Gov- out of compensation and rewards only thinking about the Internal Revenue ernment help—rather than hinder—our those who can game the system. Often- Service. farmers’ and ranchers’ efforts. This time, the IRS has issued a deci- So, Mr. President, I urge my col- times, the creditor who is robbed is the sion in one of its technical advice leagues to support the Farm Independ- American taxpayer. In recent years, memoranda that, if fully enforced, will ence Act of 1997. I also commend the S&L swindlers, insider trading con- result in a 15.3-percent tax increase for Senator from Iowa for his leadership on victs, and other shady characters have thousands of farmers. Let me repeat this issue. managed to protect their ill-gotten that. A recent IRS decision could re- gains through this loophole. sult in a 15.3-percent tax increase for By Mr. KOHL: One infamous S&L banker with more thousands of farmers. S. 530. A bill to amend title 11, Unit- than $4 billion in claims against him Essentially, if a producer incor- ed States Code, to limit the value of bought a multi-million-dollar horse porates—and many Minnesota produc- certain real and personal property that ranch in Florida. Another man who ers, both small and large, do—and then a debtor may elect to exempt under pled guilty to insider trading abuses rents his land to the farm corporation, State or local law, and for other pur- lives in a 7,000-square-foot beachfront the rental income the farmer receives poses; to the Committee on the Judici- home worth $3.25 million—all tucked is not only subject to income tax but ary. away from the $2.75 billion in suits to an additional 15.3-percent self-em- THE BANKRUPTCY ABUSE REFORM ACT OF 1997 against him. We read even now about ployment tax. Mr. KOHL. Mr. President, I rise the possibility that O.J. Simpson may The purpose of the Grassley-Grams today to introduce the Bankruptcy seek to avoid the civil suit judgment Farm Independence Act of 1997 is sim- Abuse Reform Act of 1997, legislation against him buying a lavish home in ple and it is straightforward. Our bill which addresses a serious problem that Florida, a State with an unlimited ex- would stop the IRS from imposing this threatens Americans’ confidence in our emption, and declaring bankruptcy to 15.3-percent tax increase on our farm- bankruptcy laws. The measure would avoid paying his multimillion-dollar ers and ranchers. cap at $100,000 the State homestead ex- obligations. These deadbeats get Mr. President, last Congress, we emption that an individual filing for wealthier while legitimate creditors— passed the most sweeping reforms in personal bankruptcy can claim. It including the U.S. Government—get agricultural policy in 60 years and gave passed the Senate last term when it the short end of the stick. farmers the freedom to farm. At that was included into the Bankruptcy Simply put, the current practice is time, we also promised farmers regu- Technical Corrections Act (S. 1559), and grossly unfair and contravenes the in- latory relief, improved research and I hope that we can all support this tent of our laws: People are supposed risk management, free and fair trade, measure again this year. The goal of to get a fresh start, not a head start, and—perhaps most importantly—we our measure is simple but vitally im- under the Bankruptcy Code. promised farmers tax relief. portant: to make sure that our Bank- In addition, these unlimited home- Now, many of us in Congress have ruptcy Code is more than just a stead exemptions have made it increas- made tax relief a top priority. I do so, beachball for crooked millionaires who ingly difficult for the Federal Deposit in part, because it is a top priority for want to hide their assets. Insurance Corporation and the Resolu- Minnesota farmers, and toward this Let me tell you why this legislation tion Trust Corporation to go after S&L end, I am an original cosponsor of a bill is critically needed. In chapter 7 Fed- crooks. With the S&L crisis costing us to repeal the estate tax, and I strongly eral personal bankruptcy proceedings, billions of dollars and with a deficit support legislation to cut capital gains the debtor is allowed to exempt certain that still remains unacceptably high, taxes. possessions and interests from being we owe it to the taxpayers to make it But, unfortunately, we haven’t made used to satisfy his outstanding debts. as hard as possible for those respon- much progress in convincing the Presi- One of the chief things that a debtor sible for fraud to profit from their dent and some in Congress that this is seeks to protect is his home, and I wrongs. not fat-cat legislation but absolutely agree with that in principle. Few ques- Mr. President, the legislation that I necessary for the survival and success tion that debtors should be able to have introduced today is simple, effec- of the family farm. keep the roofs over their heads. But, in tive, and straightforward. It caps the But, even more frustrating than practice, this homestead exemption has homestead exemption at $100,000, which these obstacles to providing farmers become a source of abuse. is close to the average price of an S2904 CONGRESSIONAL RECORD — SENATE April 9, 1997 American house. And it will protect of Alaska as wilderness area. At the Together, we need to embrace envi- middle class Americans while prevent- moment this area is a national wildlife ronmental policies that are workable ing the abuses that are making the refuge—one of our beautiful and last and pragmatic, policies based on the American middle class question the in- frontiers. By changing its designation, desire to make the world a better place tegrity of our laws—the abuses the av- Mr. President, we can protect it for- for us and for future generations. I be- erage American taxpayer is paying for ever. lieve a strong economy, liberty, and out of pocket. And I can’t stress how important this progress are possible only when we Indeed, it is even generous to debt- is. have a healthy planet—only when re- ors. Other than the eight States that The Alaskan wilderness area is not sources are managed through wise have no limit to the homestead exemp- only a critical part of our Earth’s eco- stewardship—only when an environ- tion, no State has a homestead exemp- system—the last remaining region mental ethic thrives among nations— tion exceeding $100,000. In fact, 38 where the complete spectrum of arctic and only when people have frontiers States have exemptions of $40,000 or and subarctic ecosystems comes to- that are untrammeled and able to host less. My own home State of Wisconsin gether—but it is a vital part of our na- their fondest dreams. has a $40,000 exemption and that, in my tional consciousness. It is a place we Mr. LIEBERMAN. Mr. President, I opinion, is more than sufficient. can cherish and visit for our soul’s am proud to join again with Senator Mr. President, this proposal is an ef- good. It offers us a sense of well-being ROTH in this effort to designate the fort to make our bankruptcy laws more and promises that not all dreams have Arctic National Wildlife Refuge as a equitable. I urge my colleagues to sup- been dreamt. wilderness area. port this important measure. The Alaskan wilderness is a place of This legislation would save the Mr. President, I ask unanimous con- outstanding wildlife, wilderness and American people the huge social and sent that the text of the bill be printed recreation, a land dotted by beautiful environmental costs of unwise and un- in the RECORD. forests, dramatic peaks and glaciers, necessary development of one of na- There being no objection, the bill was gentle foothills and undulating tundra. ture’s crown jewels. The Arctic Na- ordered to be printed in the RECORD, as It is untamed—rich with caribou, polar tional Wildlife Refuge is the last com- follows: bear, grizzly, wolves, musk oxen, Dall plete Alaskan wilderness with elements S. 530 sheep, moose, and hundreds of thou- of each tundra ecosystem, the biologi- sands of birds—snow geese, tundra Be it enacted by the Senate and House of Rep- cal heart of the North Slope of Alaska. resentatives of the United States of America in swans, black brant, and more. In all, It is on a par with our other great na- Congress assembled, about 165 species use the coastal plain. tional resources, including the Grand SECTION 1. SHORT TITLE. It is an area of intense wildlife activ- Canyon, Yellowstone, Jackson Hole, This Act may be cited as the ‘‘Bankruptcy ity. Animals give birth, nurse and feed the Badlands, Glacier Bay, and Denali. Abuse Reform Act of 1997’’. their young, and set about the critical This is a unique piece of God’s Earth SEC. 2. LIMITATION. business of fueling up for winters of un- that must be preserved for our entire Section 522 of title 11, United States Code, speakable severity. Nation for centuries to come. is amended— The fact is, Mr. President, there are Make no mistake, environmental im- (1) in subsection (b)(2)(A), by inserting parts of this Earth where it is good ‘‘subject to subsection (n),’’ before ‘‘any pacts to the Arctic National Refuge that man can come only as a visitor. from oil development would be severe property’’; and These are the pristine lands that be- (2) by adding at the end the following new and irreversible. The refuge includes long to all of us. And perhaps most im- subsection: the calving grounds for one of the larg- portantly, these are the lands that be- ‘‘(n) As a result of electing under sub- est caribou herds in North America, section (b)(2)(A) to exempt property under long to our future. Considering the many reasons why the Porcupine herd—152,000 strong. Na- State or local law, a debtor may not exempt tive American customs have centered an aggregate interest that exceeds $100,000 in this bill is so important, I came across value in— the words of the great Western writer, around the herd’s annual migration for ‘‘(1) real or personal property that the Wallace Stegner. Referring to the land at least 20,000 years. The refuge is a debtor or a dependent of the debtor uses as a we are trying to protect with this leg- treasure chest of plants, animals, and residence; wilderness unique to the world in ‘‘(2) a cooperative that owns property that islation, he wrote that it is ‘‘the most splendid part of the American habitat; terms of abundance, diversity, and the debtor or a dependent of the debtor uses value to humankind. Over 200 species of as a residence; or it is also the most fragile.’’ And we ‘‘(3) a burial plot for the debtor or a de- cannot enter ‘‘it carrying habits that plants and animals thrive in the ref- pendent of the debtor.’’. [are] inappropriate and expectations uge, including muskoxen, snow geese, that [are] surely excessive.’’ Arctic foxes, Arctic grayling, and Arc- By Mr. ROTH (for himself, Mr. The expectations for oil exploration tic char. It is the only natural area in BAUCUS, Mr. BIDEN, Mrs. BOXER, in this pristine region are excessive. the United States with all three species Mr. DODD, Mr. DURBIN, Mr. There is only a 1-in-5 chance of finding of North American bears—the black FEINGOLD, Mrs. FEINSTEIN, Mr. any economically recoverable oil in the bear, the grizzly bear and the polar HARKIN, Mr. KOHL, Mr. LAUTEN- refuge. And if oil is found, the daily bear. It is one of the most natural BERG, Mr. LEAHY, Mr. production of 400,000 barrels per day is areas in our Nation, untouched by de- LIEBERMAN, Mrs. MURRAY, Mr. less than 0.7 percent of world produc- velopment, and the last of its kind. TORRICELLI, Mr. WELLSTONE, tion—far too small to meet America’s Many environmental studies dem- and Mr. WYDEN): energy needs for more than a few onstrate that the negative environ- S. 531. A bill to designate a portion of months. mental effects of opening the Arctic the Arctic National Wildlife Refuge as In other words, Mr. President, there Refuge to development will be severe. wilderness; to the Committee on Envi- is much more to lose than might ever Biologists from Federal and State ronment and Public Works. be gained by tearing this frontier agencies and universities have con- ARCTIC NATIONAL WILDLIFE REFUGE apart. Already, some 90 percent of cluded that oil development will harm LEGISLATION Alaska’s entire North Slope is open to the calving of the caribou herd, and re- Mr. ROTH. Mr. President, I read re- oil and gas leasing and development. duce its long term numbers very sig- cently that ‘‘the best thing we have Let’s keep this area as the jewel amid nificantly. The Office of Management learned from nearly five hundred years the stones. and Budget has stated that ‘‘explo- of contact with the American wilder- What this bill offers—and what we ration and development activities ness is restraint,’’ the need to stay our need—is a brand of pragmatic would bring physical disturbances to hand and preserve our precious envi- environmentalism, an environmental the area, unacceptable risks of oil ronment and future resources rather stewardship that protects our impor- spills and pollution, and long-term ef- than destroy them for momentary tant wilderness areas and precious re- fects that would harm wildlife for dec- gain. sources, while carefully and judiciously ades.’’ Raymond Cameron, formerly of With this in mind, Ioffer legislation weighing the short-term desires or our the Alaska Department of Fish and today that designates the coastal plain country against its long-term needs. Game, documented that 19 percent April 9, 1997 CONGRESSIONAL RECORD — SENATE S2905 fewer calves are born to caribou cows ulatory Streamlining Act, or STARS ministrative burdens on the States and on developed lands as opposed to unde- 2000. I am joined in this effort by my the complexity of the programs by con- veloped lands, with a 2-percent margin colleagues on the Environment and solidating several funding categories of error. His study also documented Public Works Committee, Senators and by allowing for greater flexibility that caribou cows miss yearly calving KEMPTHORNE and THOMAS. And by Sen- in decisionmaking. at a 36-percent rate in developed areas, ators DORGAN, CONRAD, DASCHLE, JOHN- The bill has two key categories for versus only 19 percent in undeveloped SON, BURNS, CRAIG, ENZI, HARKIN, funding. The National Highway Sys- areas. Even a small change in calving BINGAMAN, ROBERTS, and KERREY of Ne- tem, which makes up 60 percent of the success can lead to long-term popu- braska. core program, and the Surface Trans- lation declines. A study by the State of This bill reauthorizes this Nation’s portation Program, which accounts for Alaska showed that the Arctic caribou surface transportation programs for the remaining 40 percent. herd at Prudhoe Bay declined from the year 2000, and beyond. The National Highway System car- 23,400 to 18,100—23 percent—since 1992. As most of my colleagues know, we ries the bulk of our recreational and All the population decline occurred in must act soon to renew these programs commercial traffic. It consists of habitat affected by oil development, since today’s law, the Intermodal Sur- 160,000 miles of highways, including the while herds in undeveloped areas grew face Transportation Efficiency Act, or entire 45,000 mile Interstate System. slightly. Biologists fear that develop- ISTEA, will expire on September 30. These roads connect our cities and ment impacts would be proportionately STARS 2000 builds on the progress al- towns. Our farms to their markets. And greater on the herd that uses the Arc- ready made by ISTEA. But it also our manufacturing facilities to our sea- tic Refuge. makes some important improvements. ports. It just makes sense that the NHS The amount of oil that potentially Let me focus on the three most signifi- should be a priority. can be recovered from the Arctic Ref- cant aspects of the bill. STARS 2000 devotes over $14 billion uge is simply too small to affect our FUNDING LEVELS annually to these roads. energy security, and too destructive to First, the bill increases funding for As with current law, the Surface the environment to be worth it. A 1995 our highway programs to $27 billion an- Transportation Program remains the assessment of petroleum reserves by nually. Transportation is a critical most flexible category of funds. States the U.S. Geological Survey reported part of our Nation’s economic growth can shift funds among projects to best that there is a 95-percent chance that and prosperity. The investments we serve their transportation needs. only 148 million barrels of oil exist in make today in transportation will help STARS 2000 retains ISTEA’s programs the refuge. This would amount to a keep us globally competitive well into and project eligibilities and includes drop in the national oil bucket—an 8- the next century. over $9 billion annually for them. day supply. Even if the USGS high esti- Furthermore, these investments di- FUNDING FORMULAS mate were correct, the refuge would rectly generate hundreds of thousands Third, STARS 2000 updates ISTEA’s hold at most a 290-day supply for the of jobs—in Montana, in Idaho, in Illi- funding formulas. One criticism of the United States. nois, in every State. They also indi- current formulas is that they are based We can all hope for another strike rectly help sustain businesses and mil- on outdated and unnecessary data. like Prudhoe Bay. But the simple re- lions more jobs all across the country. This bill rectifies that problem by ality, based on the very best geological The funding in STARS 2000 will sup- using up-to-date information. science and economics available today, port all types of transportation The STARS formula also reflects the is that alternative energy supplies, as projects. It also will enable States and transportation needs of a State. We well as the real energy savings from local governments to make the invest- have included such factors as lane national energy conservation pro- ment decisions that best reflect their miles, vehicle miles traveled, and grams, are far more reliable, tangible, transportation priorities. freeze-thaw cycles, to better account and less destructive energy sources The funding level in STARS 2000 cor- for the cost of maintaining and improv- than a wild gamble with the Alaskan responds to the amount of money esti- ing our highway system. wilderness. mated to be in the highway trust fund The remaining 90 percent of the Alas- over the next 6 years. ENVIRONMENT kan North Slope is already open to oil As my colleagues know, this is STARS 2000 also continues the com- and gas leasing. Is it too much to pro- money already being collected from mitment to the environment that tect what little we have left? Every re- the tax on gasoline and other fuels. My began in ISTEA. It dedicates some $380 liable national poll conducted on this view is that we should spend it for the million annually to congestion mitiga- issue shows Americans of all political purpose for which it was collected. tion and air quality projects. persuasions are against development in Even with this increase, however, we Furthermore, it requires that these the refuge by a more than three to one will not eliminate the shortfall in funds be spent on projects in areas that margin. Let’s honor our history of con- meeting our transportation needs. The have not attained our transportation- servation and protect the future for Department of Transportation esti- related air quality standards. generations to come, by saving the mates that over $50 billion would be Frankly, I had hoped to include more Arctic National Wildlife Refuge. needed each year in order to just main- funding for these projects in this bill. tain current highway and bridge condi- But as this legislation progresses, I in- By Mr. BAUCUS (for himself, Mr. tions. tend to work with my colleagues to see KEMPTHORNE, Mr. THOMAS, Mr. Yet, today annual spending by all if we can’t be more generous here. DORGAN, Mr. CONRAD, Mr. levels of government is only $39 billion STARS 2000 also continues the trans- DASCHLE, Mr. JOHNSON, Mr. per year. portation enhancement program. This CRAIG, Mr. BURNS, Mr. ENZI, Our competitors know the advantage is an innovative program that has Mr. HARKIN, Mr. BINGAMAN, Mr. of a sound transportation system. That given States the ability to invest in ROBERTS, Mr. KERREY, and Mr. is why Japan invests over four times nontraditional highway projects such GRASSLEY): what we do in transportation as a per- as bike paths, pedestrian walkways and S. 532. A bill to authorize funds to centage of GDP. The Europeans spend historic preservation. further the strong Federal interest in twice as much. CONCLUSION the improvement of highways and We cannot afford to squander this In conclusion, STARS 2000 is a good transportation, and for other purposes; important competitive edge. While bill. But it also is one of several bills to the Committee on Environment and STARS 2000 is not the complete solu- that our committee will consider in the Public Works. tion, it is a big step in the right direc- coming weeks. SURFACE TRANSPORTATION AUTHORIZATION AND tion. Under the leadership of our chair- REGULATORY STREAMLINING ACT STREAMLINING man, Senator CHAFEE and our sub- Mr. BAUCUS. Mr. President, I am Second, STARS 2000 dramatically committee chairman, Senator WARNER, pleased today to introduce the Surface streamlines and simplifies today’s along with Senator MOYNIHAN, and oth- Transportation Authorization and Reg- transportation programs. It reduces ad- ers, I have no doubt that these various S2906 CONGRESSIONAL RECORD — SENATE April 9, 1997 proposals will be brought together to investment across the United States, includ- SEC. 102. EFFECTIVE USE OF ADDITIONAL HIGH- produce a fair bill. ing a need to improve and preserve Inter- WAY ACCOUNT REVENUE. A bill that will bring this Nation and state System and other National Highway (a) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by adding at its transportation system into the next System routes, which are lifelines for the na- tional economy; the end the following: century. ‘‘(3) the Federal Government’s interest in ‘‘§ 162. Effective use of additional highway ac- Before yielding the floor, I wish to transportation includes— count revenue thank the primary cosponsors of this ‘‘(A) ensuring that people and goods can ‘‘(a) DETERMINATION OF ADDITIONAL bill, Senators KEMPTHORNE and THOM- move efficiently over long distances between AMOUNTS TO BE APPORTIONED.— AS, for their hard work in developing metropolitan areas and thus across rural ‘‘(1) PUBLICATION OF INFORMATION.—Not this legislation. I am also grateful for areas; later than 90 days after the beginning of each the help of our State transportation ‘‘(B) ensuring that people and goods can fiscal year beginning with fiscal year 1999, departments, particularly in Montana move efficiently within metropolitan and the Secretary shall publish in the Federal rural areas; Register the following information: and Idaho, and their staff, in fashion- ‘‘(C) preserving environmental quality and ing this bill. ‘‘(A) The total estimated revenue of the reducing air pollution; Highway Trust Fund (other than the Mass STARS 2000 brings a new approach ‘‘(D) promoting transportation safety; and Transit Account) during the period consist- and some new ideas to our surface ‘‘(E) ensuring the effective use of intel- ing of that fiscal year and the 5 following fis- transportation policy. I commend it to ligent transportation systems and other cal years, including all interest income cred- my colleagues for their consideration. transportation technological innovations in ited or to be credited during the period. Mr. President, I ask unanimous con- both urban and rural settings; ‘‘(B) The amount obtained by dividing the sent that a copy of the bill and a short ‘‘(4) rural States do not have the fiscal re- amount determined under subparagraph (A) summary of it be printed in the sources to support highway investments by 6. within their borders that benefit the United ‘‘(C) The amount obtained by subtracting RECORD. States as a whole by enabling the movement There being no objection, the mate- $27,000,000,000 from the amount determined of people and goods between metropolitan under subparagraph (B). rial was ordered to be printed in the areas and thus across rural States; ‘‘(2) APPORTIONMENT.—If the amount deter- RECORD, as follows: ‘‘(5) since State governments already take mined under paragraph (1)(C) is greater than S. 532 into account the public interest before mak- zero, the Secretary shall— Be it enacted by the Senate and House of Rep- ing transportation decisions affecting citi- ‘‘(A) multiply that amount by 0.85; and resentatives of the United States of America in zens of the States— ‘‘(B) apportion the amount determined Congress assembled, ‘‘(A) the need for Federal regulation of under subparagraph (A) in accordance with State transportation activities is limited; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. subsection (b)(1). and ‘‘(b) METHOD OF APPORTIONMENT.— (a) SHORT TITLE.—This Act may be cited as ‘‘(B) it is appropriate for Federal transpor- ‘‘(1) IN GENERAL.—For each fiscal year, the the ‘‘Surface Transportation Authorization tation programs to be revised to minimize amount determined under subsection (a)(2) and Regulatory Streamlining Act’’. regulations and program requirements and shall be apportioned as follows: (b) TABLE OF CONTENTS.—The table of con- to provide greater flexibility to State gov- tents of this Act is as follows: ‘‘(A) 60 percent of the amount shall be ernments; and added to the amount authorized to be appro- Sec. 1. Short title; table of contents. ‘‘(6) the Federal Government should con- priated for the fiscal year for the National Sec. 2. Policy. tinue to allow States and local governments Highway System under section 101(1) of the TITLE I—LEVEL AND DISTRIBUTION OF flexibility in the use of Federal highway Surface Transportation Authorization and FUNDS funds and require transportation planning Regulatory Streamlining Act. Sec. 101. Authorization of appropriations. and public involvement in transportation ‘‘(B) 40 percent of the amount shall be Sec. 102. Effective use of additional highway planning.’’. added to the amount authorized to be appro- account revenue. TITLE I—LEVEL AND DISTRIBUTION OF priated for the fiscal year for the surface Sec. 103. Apportionment of program funds. FUNDS transportation program under section 101(2) Sec. 104. Apportionment adjustment pro- of that Act. gram. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) APPORTIONMENT ADJUSTMENT PRO- Sec. 105. Program administration, research, The following sums are authorized to be GRAM.—After making the apportionment and planning funds. appropriated out of the Highway Trust Fund under paragraph (1), the Secretary shall Sec. 106. Recreational trails. (other than the Mass Transit Account): make such additional apportionments as are Sec. 107. Rules for any limitations on obliga- (1) NATIONAL HIGHWAY SYSTEM.—For the necessary under section 157. tions. National Highway System under section 103 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— TITLE II—PROGRAM STREAMLINING of title 23, United States Code, $14,163,000,000 There are authorized to be appropriated out Sec. 201. Planning-based expenditures on for each of fiscal years 1998 through 2003. of the Highway Trust Fund (other than the elements of transportation in- (2) SURFACE TRANSPORTATION PROGRAM.— Mass Transit Account) to carry out this sec- frastructure. For the surface transportation program tion such sums as are necessary for fiscal Sec. 202. National Highway System. under section 133 of that title, $9,442,000,000 year 1999 and each fiscal year thereafter.’’. Sec. 203. Interstate maintenance activities. for each of fiscal years 1998 through 2003. (b) CONFORMING AMENDMENT.—The analysis Sec. 204. Surface transportation program (3) FEDERAL LANDS HIGHWAY INVEST- for chapter 1 of title 23, United States Code, amendments. MENTS.— is amended by adding at the end the follow- Sec. 205. Conforming amendments to discre- (A) FEDERAL LANDS HIGHWAYS PROGRAM.— ing: tionary programs. (i) INDIAN RESERVATION ROADS.—For Indian ‘‘162. Effective use of additional highway Sec. 206. Cooperative Federal Lands Trans- reservation roads under section 204 of that user taxes.’’. portation Program. title, $191,000,000 for each of fiscal years 1998 SEC. 103. APPORTIONMENT OF PROGRAM FUNDS. TITLE III—REDUCTION OF REGULATION through 2003. (a) IN GENERAL.—Section 104(b) of title 23, Sec. 301. Periodic review of agency rules. (ii) PUBLIC LANDS HIGHWAYS.—For public United States Code, is amended— Sec. 302. Planning and programming. lands highways under section 204 of that (1) by striking paragraph (1) and inserting Sec. 303. Metric conversion at State option. title, $172,000,000 for each of fiscal years 1998 the following: through 2003. ‘‘(1) NATIONAL HIGHWAY SYSTEM.— TITLE IV—EFFECTIVE DATE; (iii) PARKWAYS AND PARK ROADS.—For ‘‘(A) APPORTIONMENT.—For the National TRANSITION RULES parkways and park roads under section 204 of Highway System, as follows: Sec. 401. Effective date; transition rules. that title, $84,000,000 for each of fiscal years ‘‘(i) INTERSTATE LANE MILES.—20 percent in SEC. 2. POLICY. 1998 through 2003. the ratio that lane miles on Interstate Section 101 of title 23, United States Code, (B) COOPERATIVE FEDERAL LANDS TRANSPOR- routes in each State bears to the total of all is amended by striking subsection (b) and in- TATION PROGRAM.—For the Cooperative Fed- such lane miles in all States. serting the following: eral Lands Transportation Program under ‘‘(ii) INTERSTATE VEHICLE MILES TRAV- ‘‘(b) DECLARATION OF POLICY.—Congress section 206 of that title, $155,000,000 for each ELED.—25 percent in the ratio that vehicle finds and declares that— of fiscal years 1998 through 2003. miles traveled on Interstate routes in each ‘‘(1) investments in highways and transpor- (4) TERRITORIES.—For the Virgin Islands, State bears to the total of all such vehicle tation systems contribute to the Nation’s Guam, American Samoa, and the Common- miles in all States. economic growth, international competitive- wealth of the Northern Mariana Islands, col- ‘‘(iii) NATIONAL HIGHWAY SYSTEM LANE ness, and defense, and improve the personal lectively, $35,000,000 for each of fiscal years MILES.—30 percent in the ratio that lane mobility and quality of life of its citizens; 1998 through 2003. Such sums shall be allo- miles on National Highway System routes in ‘‘(2) there are significant needs for in- cated among those territories at the discre- each State bears to the total of all such lane creased Federal highway and transportation tion of the Secretary of Transportation. miles in all States. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2907

‘‘(iv) NATIONAL HIGHWAY SYSTEM VEHICLE ‘‘State Percentage ‘‘State Percentage MILES TRAVELED.—10 percent in the ratio Massachusetts ...... 4.60 Iowa ...... 2.1 that vehicle miles traveled on the National Michigan ...... 3.25 Kansas ...... 2.1 Highway System in each State bears to the Minnesota ...... 0.00 Kentucky ...... 1.9 total of all such vehicle miles in all States. Mississippi ...... 0.00 Louisiana ...... 0.7 ‘‘(v) SPECIAL FUEL.—15 percent in the ratio Missouri ...... 1.11 Maine ...... 2.5 that special fuels volume for each State Montana ...... 0.00 Maryland ...... 2.0 bears to the total special fuels volume for all Nebraska ...... 0.00 Massachusetts ...... 2.4 Michigan ...... 2.2 States. Nevada ...... 0.17 Minnesota ...... 2.0 ‘‘(B) USE OF DATA.—In making the calcula- New Hampshire ...... 0.43 New Jersey ...... 6.45 Mississippi ...... 1.1 tions for this paragraph, for paragraph (3), Missouri ...... 2.0 and for section 157, the Secretary shall use New Mexico ...... 0.00 New York ...... 10.96 Montana ...... 3.0 the most recent calendar or fiscal year for Nebraska ...... 2.4 which data are available as of the first day of North Carolina ...... 1.38 North Dakota ...... 0.00 Nevada ...... 2.2 the fiscal year for which the apportionment Ohio ...... 4.91 New Hampshire ...... 2.0 is to be made. Oklahoma ...... 0.00 New Jersey ...... 2.6 ‘‘(C) DEFINITIONS.—In this paragraph: Oregon ...... 0.66 New Mexico ...... 2.1 ‘‘(i) LANE MILES ON INTERSTATE ROUTES.— Pennsylvania ...... 6.76 New York ...... 2.9 The term ‘lane miles on Interstate routes’ Rhode Island ...... 0.65 North Carolina ...... 2.3 North Dakota ...... 2.2 shall have the meaning used by the Sec- South Carolina ...... 0.00 Ohio ...... 2.1 retary in developing Highway Statistics South Dakota ...... 0.00 Oklahoma ...... 1.6 Table HM–60. Tennessee ...... 1.25 Oregon ...... 1.6 ‘‘(ii) LANE MILES ON NATIONAL HIGHWAY SYS- Texas ...... 5.47 Pennsylvania ...... 2.3 TEM ROUTES.—The term ‘lane miles on Na- Utah ...... 0.55 Rhode Island ...... 2.1 tional Highway System routes’ shall have Vermont ...... 0.00 South Carolina ...... 1.4 the meaning used by the Secretary in devel- Virginia ...... 2.38 South Dakota ...... 2.5 oping Highway Statistics Table HM–48. Washington ...... 1.78 ‘‘(iii) SPECIAL FUELS VOLUME.—The term Tennessee ...... 1.8 West Virginia ...... 0.30 Texas ...... 1.1 ‘special fuels volume’ shall have the meaning Wisconsin ...... 1.40 used by the Secretary in developing column Utah ...... 3.2 Wyoming ...... 0.00. Vermont ...... 2.0 8 of Highway Statistics Table MF–2. ‘‘(E) POPULATION IN RELATION TO LANE Virginia ...... 1.9 ‘‘(iv) STATE.—The term ‘State’ means each MILES.—2 percent, as follows: The Secretary Washington ...... 1.8 of the 50 States and the District of Columbia. shall (i) divide the total population of all West Virginia ...... 2.2 ‘‘(v) VEHICLE MILES TRAVELED.—The terms States by the total number of lane miles on Wisconsin ...... 2.1 ‘vehicle miles traveled on Interstate routes’ Federal-aid highways in all States; (ii) for Wyoming ...... 3.5. and ‘vehicle miles traveled on the National each State divide the State’s population by ‘‘(ii) ALTERNATE APPROACH.—Notwithstand- Highway System’ shall have the meanings the number of lane miles on Federal-aid ing section 315, the Secretary may, through used by the Secretary in developing Highway highways within its borders; (iii) for each notice and comment rulemaking, adopt an Statistics Table VM–3.’’; State divide the number determined by (ii) approach in lieu of the table set forth in (2) by striking paragraph (2); into the number determined by (i); (iv) add clause (i) in order to apportion funds subject (3) by striking paragraph (3) and inserting together the number determined under (iii) to this subparagraph among the States in a the following: for every State; and (v) divide the number manner that reflects the relative frequency ‘‘(3) SURFACE TRANSPORTATION PROGRAM.— for each State under (iii) by the number for of freeze-thaw cycles within the States. The For the surface transportation program, as all States determined under (iv). The Sec- Secretary may use that alternate approach follows: retary shall apportion to each State, of the to apportioning funds for a fiscal year only if ‘‘(A) FEDERAL-AID HIGHWAY LANE MILES.—25 funds apportioned under this subparagraph, a final rule, adopted after notice and com- percent in the ratio that lane miles on Fed- the percentage equal to the number deter- ment, is in effect prior to the beginning of eral-aid highways in each State bears to the mined under (v). that fiscal year. total of all such lane miles in all States. ‘‘(F) FEDERAL LANDS.—5 percent as follows: ‘‘(H) DEFINITIONS.—In this paragraph: EDERAL AID HIGHWAY VEHICLE MILES ‘‘(B) F - The Secretary, after consultation with the ‘‘(i) LANE MILES ON FEDERAL-AID HIGH- TRAVELED .—53 percent in the ratio that vehi- General Services Administration, the De- WAYS.—The term ‘lane miles on Federal-aid cle miles traveled on Federal-aid highways partment of the Interior, and other agencies highways’ shall have the meaning used by in each State bears to the total of all such as appropriate, shall (i) determine the per- the Secretary in developing Highway Statis- vehicle miles in all States. centage of the total land in each State rep- tics Table HM–60. RIDGE DECK SURFACE AREA ‘‘(C) B .—10 per- resented by the sum of the percentage of ‘‘(ii) STATE.—The term ‘State’ means each cent in the ratio that the square footage of land owned by the Federal Government in of the 50 States and the District of Columbia. bridge deck surface in each State, including the State and the percentage of land in the ‘‘(iii) VEHICLE MILES TRAVELED ON FEDERAL- such square footage with respect to bridges State held in trust by the Federal Govern- AID HIGHWAYS.—The term ‘vehicle miles trav- not on Federal-aid highways, bears to the ment; (ii) add together the individual State eled on Federal-aid highways’ shall have the total of such square footage in all States, ex- percentages determined under clause (i) for meaning used by the Secretary in developing cept that, in this subparagraph, the term all States; and (iii) divide the amount for Highway Statistics Table VM–2.’’; ‘bridge’ includes only structures of at least each State under clause (i) by the amount (4) in paragraph (5)— 20 feet in length. for all States under clause (ii). The 5 percent (A) in subparagraph (A), by striking ‘‘(A) ‘‘(D) AIR QUALITY.—4 percent in accordance shall be apportioned among the States in ac- Except as provided in subparagraph (B)—’’; with the following table: cord with each State’s percentage under and ‘‘State Percentage clause (iii). (B) by striking subparagraph (B); and Alabama ...... 0.41 ‘‘(G) FREEZE-THAW.—1 percent, to be appor- (5) by striking paragraph (6). Alaska ...... 0.00 tioned among the States in accordance with (b) POPULATION DETERMINATIONS.—Section Arizona ...... 1.50 the table set forth in clause (i), or in accord- 104 of title 23, United States Code, is amend- Arkansas ...... 0.00 ance with clause (ii). ed by adding at the end the following: California ...... 23.02 ‘‘(i) TABLE.— ‘‘(k) POPULATION DETERMINATIONS.—For Colorado ...... 0.00 ‘‘State Percentage the purposes of subsection (b)(3) and section Connecticut ...... 2.63 Alabama ...... 1.2 157, population shall be determined on the Delaware ...... 0.45 Alaska ...... 2.4 basis of the most recent estimates prepared District of Columbia ...... 0.48 Arizona ...... 1.0 by the Secretary of Commerce.’’. Florida ...... 3.34 Arkansas ...... 1.4 (c) CONFORMING AMENDMENTS.— Georgia ...... 1.73 California ...... 0.8 (1) Section 104(b) of title 23, United States Hawaii ...... 0.00 Colorado ...... 3.3 Code, is amended in the matter preceding Idaho ...... 0.00 Connecticut ...... 2.3 paragraph (1) by striking ‘‘paragraph (5)(A) Illinois ...... 5.48 Delaware ...... 1.8 of this subsection’’ and inserting ‘‘paragraph Indiana ...... 1.26 District of Columbia ...... 1.9 (5)’’. Iowa ...... 0.00 Florida ...... 0.2 (2) Section 137(f)(1) of title 23, United Kansas ...... 0.00 Georgia ...... 1.1 States Code, is amended by striking ‘‘section Kentucky ...... 0.82 Hawaii ...... 0.0 104(b)(5)(B) of this title’’ and inserting ‘‘sec- Louisiana ...... 0.47 Idaho ...... 2.9 tion 104(b)(1)’’. Maine ...... 0.48 Illinois ...... 1.9 (3) Section 139 of title 23, United States Maryland ...... 3.47 Indiana ...... 1.9 Code, is amended by striking ‘‘sections S2908 CONGRESSIONAL RECORD — SENATE April 9, 1997 104(b)(1) and 104(b)(5)(B) of this title’’ each ‘‘State Percentage and amounts authorized to be appropriated place it appears and inserting ‘‘section Rhode Island ...... 0.55 under section 101(4) of the Surface Transpor- 104(b)(1)’’. South Dakota ...... 0.70 tation Authorization and Regulatory (4) Section 142(c) of title 23, United States Vermont ...... 0.43 Streamlining Act— Code, is amended by striking ‘‘section Wyoming ...... 0.66. ‘‘(1) shall be available for obligation, when ‘‘(b) PROGRAM.—On October 1 (or as soon as 104(b)(5)(A)’’ and inserting ‘‘section allocated, for the year authorized and the 3 possible thereafter) of each fiscal year begin- 104(b)(5)’’. following fiscal years; ning after September 30, 1997, the Secretary (5) Section 159(b) of title 23, United States ‘‘(2) shall be subject to this title; and shall apportion among the States, in addi- Code, is amended— ‘‘(3) may be obligated for National High- tion to amounts apportioned under para- (A) in paragraph (1)(A)— way System projects under section 103, sur- graphs (1) and (3) of section 104(b), and sec- (i) in clause (i), by striking ‘‘section face transportation program projects under tion 104(f)(2), the amounts required by this 104(b)(5)(A)’’ and inserting ‘‘section section 133, or any other purpose authorized section. 104(b)(5)(A) (as in effect on the day before the ‘‘(c) ADDITIONAL APPORTIONMENTS AND SE- under this title. date of enactment of the Surface Transpor- QUENCE OF CALCULATING ADDITIONAL APPOR- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— tation Authorization and Regulatory TIONMENTS.— There are authorized to be appropriated out Streamlining Act)’’; and ‘‘(1) FIRST CALCULATION.—The Secretary of the Highway Trust Fund (other than the (ii) in clause (ii), by striking ‘‘section shall apportion $95,000,000 to the Common- Mass Transit Account) to carry out this sec- 104(b)(5)(B)’’ and inserting ‘‘section wealth of Puerto Rico. tion such sums as are necessary for fiscal 104(b)(5)(B) (as in effect on the day before the ‘‘(2) SECOND CALCULATION.—For each low- year 1998 and each fiscal year thereafter.’’. date of enactment of the Surface Transpor- density State and each small State, the Sec- (b) CONFORMING AMENDMENT.—The analysis tation Authorization and Regulatory retary shall calculate the total amount ob- for chapter 1 of title 23, United States Code, Streamlining Act)’’; tained by multiplying the stated percentage is amended by striking the item relating to (B) in paragraph (3)— for the State by the total amount of funds section 157 and inserting the following: (i) in subparagraph (A), by striking ‘‘sec- apportioned to all States under paragraphs ‘‘157. Apportionment adjustment program.’’. tion 104(b)(5)(A)’’ and inserting ‘‘section (1) and (3) of section 104(b) and section 104(b)(5)(A) (as in effect on the day before the 104(f)(2) plus the amount apportioned under (c) REPEAL OF CERTAIN APPORTIONMENT AD- date of enactment of the Surface Transpor- paragraph (1). For any low-density or small JUSTMENT PROGRAMS.— tation Authorization and Regulatory State that received, under paragraphs (1) and (1) REIMBURSEMENT FOR SEGMENTS OF THE Streamlining Act)’’; (3) of section 104(b) and section 104(f)(2) com- INTERSTATE SYSTEM CONSTRUCTED WITHOUT (ii) in subparagraph (B), by striking bined, apportionments less than the amount FEDERAL ASSISTANCE.— ‘‘(5)(B)’’ and inserting ‘‘(5)(B) (as in effect on for the State determined pursuant to the (A) IN GENERAL.—Section 160 of title 23, the day before the date of enactment of the first sentence of this paragraph, the Sec- United States Code, is repealed. Surface Transportation Authorization and retary shall apportion to the State such ad- (B) CONFORMING AMENDMENT.—The analysis Regulatory Streamlining Act)’’; and ditional amount as is required to make up for chapter 1 of title 23, United States Code, (iii) in the last sentence, by striking ‘‘sec- that difference. is amended by striking the item relating to section 160. tion 104(b)(5)’’ and inserting ‘‘section ‘‘(3) THIRD CALCULATION.—In addition to 104(b)(5) (as in effect on the day before the any amount required to be apportioned by (2) DONOR STATE BONUS AMOUNTS.—Section date of enactment of the Surface Transpor- paragraph (2) for a fiscal year, the Secretary 1013 of the Intermodal Surface Transpor- tation Authorization and Regulatory shall make additional apportionments so tation Efficiency Act of 1991 (23 U.S.C. 157 Streamlining Act)’’; and that no State receives an amount that is less note; 105 Stat. 1940) is amended by striking (C) in paragraph (4), by striking ‘‘section than the amount determined by multiplying subsection (c). 104(b)(5)’’ and inserting ‘‘section 104(b)(5) (as (A) the percentage that is 95 percent of the (3) HOLD HARMLESS APPORTIONMENT ADJUST- in effect on the day before the date of enact- percentage of estimated tax payments at- MENT.—Section 1015 of the Intermodal Sur- ment of the Surface Transportation Author- tributable to highway users in the State paid face Transportation Efficiency Act of 1991 (23 ization and Regulatory Streamlining Act)’’. into the Highway Trust Fund (other than the U.S.C. 104 note; 105 Stat. 1943) is amended by (6) Section 161(a) of title 23, United States Mass Transit Account) in the latest fiscal striking subsection (a). Code, is amended by striking ‘‘paragraphs year for which data are available by (B) the (4) 90 PERCENT OF PAYMENTS ADJUSTMENT.— (1), (3), and (5)(B) of section 104(b)’’ each total amount of funds apportioned to all Section 1015 of the Intermodal Surface place it appears and inserting ‘‘paragraphs States immediately after the Secretary has Transportation Efficiency Act of 1991 (23 (1) and (3) of section 104(b)’’. made any additional apportionments re- U.S.C. 104 note; 105 Stat. 1944) is amended by (7) Section 1009 of the Intermodal Surface quired by paragraph (2). striking subsection (b). Transportation Efficiency Act of 1991 (23 ‘‘(4) FOURTH CALCULATION.—The Secretary SEC. 105. PROGRAM ADMINISTRATION, RE- U.S.C. 119 note; 105 Stat. 1933) is amended by shall determine for each State the percent- SEARCH, AND PLANNING FUNDS. striking subsection (c). age apportioned to that State of the total (a) PROGRAM ADMINISTRATION.—Section 104 SEC. 104. APPORTIONMENT ADJUSTMENT PRO- amount of funds apportioned to all States of title 23, United States Code, is amended— GRAM. under paragraphs (1) and (3) of section 104(b). (1) in subsection (a)— (a) IN GENERAL.—Section 157 of title 23, The Secretary shall calculate, for each (A) in the first sentence— United States Code, is amended to read as State, the total amount obtained by mul- (i) by striking ‘‘an apportionment is made follows: tiplying (A) the percentage for that State of the sums authorized to be appropriated for ‘‘§ 157. Apportionment adjustment program under the first sentence of this paragraph by expenditure on the surface transportation ‘‘(a) DEFINITIONS.—In this section: (B) the total amount of funds apportioned to program, the congestion mitigation and air ‘‘(1) LOW-DENSITY STATE.—The term ‘low- all States after the apportionment made by quality improvement program, the National density State’ means a State that is listed in paragraph (3). If the amount for a State Highway System, and the Interstate Sys- the table in paragraph (4) and that has an av- under the calculation made under the pre- tem’’ and inserting ‘‘apportionments are erage population density of 20 individuals or ceding sentence, minus the total amount ap- made pursuant to this section and section fewer per square mile. portioned to that State after the apportion- 157’’; and ‘‘(2) SMALL STATE.—The term ‘small State’ ments made by paragraph (3), is greater than (ii) by striking ‘‘not to exceed 33⁄4 per cen- means a State that is listed in the table in zero, the Secretary shall make an additional tum of all sums so authorized’’ and inserting paragraph (4) and that has a population of apportionment, equal to that amount, to ‘‘not to exceed 2 percent of the total of the 1,500,000 individuals or fewer and a land area that State. apportionments’’; of 10,000 square miles or less. ‘‘(5) FIFTH CALCULATION.—For each low- (B) by inserting after the first sentence the ‘‘(3) STATE.—The term ‘State’ means each density State and each small State, the Sec- following: ‘‘For the purpose of calculating of the 50 States and the District of Columbia. retary shall calculate the total amount ob- apportionments referred to in the preceding ‘‘(4) STATED PERCENTAGE.—The term ‘stat- tained by multiplying the stated percentage sentence, the deductions made under this ed percentage’, with respect to a State, for the State by the total amount of funds subsection shall be made only after the com- means the percentage listed for the State in apportioned to all States after the appor- pletion of all other aspects of calculating the the following table: tionment made by paragraph (4). For any apportionments and from amounts cal- ‘‘State Percentage low-density or small State that receives, culated without taking into account the de- Alaska ...... 1.25 after the apportionment made by paragraph ductions.’’; and Delaware ...... 0.40 (4), total apportionments less than the (C) in the third sentence (after the amend- Hawaii ...... 0.55 amount for the State determined pursuant ment made by subparagraph (B)), by striking Idaho ...... 0.70 to the first sentence of this paragraph, the ‘‘such determination’’ and inserting ‘‘the de- Montana ...... 0.95 Secretary shall apportion to the State such termination described in the first sentence’’; Nevada ...... 0.67 additional amount as is required to make up and New Hampshire ...... 0.48 that difference. (2) in the matter preceding paragraph (1) of New Mexico ...... 1.05 ‘‘(d) TERMS AND CONDITIONS.—Amounts ap- subsection (b), by striking ‘‘, after making North Dakota ...... 0.63 portioned in accordance with subsection (c), the deduction’’ and all that follows through April 9, 1997 CONGRESSIONAL RECORD — SENATE S2909 the colon and inserting ‘‘shall make appor- (A) EQUAL AMOUNTS.—Fifty percent of that Code (as amended by section 102(a)), is tionments for the fiscal year in the following amount shall be apportioned equally among amended by adding at the end the following: manner:’’. eligible States (as defined in section ‘‘§ 163. Rules for any limitations on obliga- (b) METROPOLITAN PLANNING.—Section 1302(g)(1) of the Intermodal Surface Trans- tions 104(f) of title 23, United States Code, is portation Efficiency Act of 1991 (16 U.S.C. ‘‘(a) IN GENERAL.—Any provision of a stat- amended by striking ‘‘(f)(1)’’ and all that fol- 1261(g)(1))). ute enacted before or after the date of enact- lows through the end of paragraph (1) and in- (B) AMOUNTS PROPORTIONATE TO NON- ment of this section that establishes a limi- serting the following: HIGHWAY RECREATIONAL FUEL USE.—Fifty per- tation on obligations for Federal-aid high- ‘‘(f) METROPOLITAN PLANNING.— cent of that amount shall be apportioned ways and highway safety construction pro- ‘‘(1) SET ASIDE.—On October 1 of each fiscal among eligible States (as defined in section grams for fiscal year 1998, or any fiscal year year, the Secretary shall set aside to carry 1302(g)(1) of the Intermodal Surface Trans- thereafter, shall be in accordance with this out section 134 not to exceed 1 percent of the portation Efficiency Act of 1991 (16 U.S.C. section (as in effect on the date of enactment funds authorized to be appropriated for the 1261(g)(1))) in amounts proportionate to the of this section) or stated as an amendment National Highway System under section 103 degree of nonhighway recreational fuel use to this section. and the surface transportation program in each of those States during the preceding ‘‘(b) PROHIBITION ON CERTAIN LIMITA- under section 133.’’. year. TIONS.—Obligations under section 125, for (c) RESEARCH AND PLANNING.—Section 307 (c) CONTRACT AUTHORITY.—Funds author- Federal lands highway investments, and for of title 23, United States Code, is amended— ized by this section shall be available for ob- recreational trails under part B of title I of (1) by redesignating subsections (g) and (h) ligation in the same manner as if the funds the Intermodal Surface Transportation Effi- as subsections (i) and (j), respectively; and were apportioned under chapter 1 of title 23, ciency Act of 1991 (16 U.S.C. 1261 et seq.), (2) by inserting after subsection (f) the fol- United States Code, except that the Federal shall not be subject to any limitation on ob- lowing: share of the cost of any recreational trails ligation authority. ‘‘(g) FREEZE-THAW RESEARCH.—Not later project shall be determined in accordance ‘‘(c) DISTRIBUTION OF OBLIGATION LIMITA- than 90 days after the date of enactment of with subsection (d). TIONS.— ‘‘(1) IN GENERAL.—If, with respect to fiscal the Surface Transportation Authorization (d) FEDERAL SHARE PAYABLE.— year 1998 or any fiscal year thereafter, a pro- and Regulatory Streamlining Act, the Sec- (1) IN GENERAL.—Except as provided in vision of a statute establishes a limitation retary shall undertake an enhanced level of paragraphs (2), (3), (4), and (5), the Federal on obligations for Federal-aid highways and research to determine means of reducing the share payable on account of a recreational highway safety construction programs, para- long-term and short-term costs of construct- trails project shall not exceed 80 percent. graphs (2) through (4) shall apply. ing and maintaining asphalt pavement in (2) FEDERAL AGENCY PROJECT SPONSOR.— ‘‘(2) DISTRIBUTION FORMULA.—For a fiscal areas with severe or frequent freeze-thaw cy- Notwithstanding any other provision of law, year, any limitation described in paragraph cles. a Federal agency sponsoring a project under (1) shall be distributed among the States by ‘‘(h) CONSIDERATION OF RURAL ISSUES IN this section may contribute Federal funds allocation in the ratio that— TRANSPORTATION RESEARCH, INTELLIGENT toward a project’s cost, if the share attrib- ‘‘(A) the total of the amounts apportioned TRANSPORTATION SYSTEMS, AND TECHNOLOGY utable to the Secretary of Transportation to each State under sections 104, 157, and 162 PROGRAMS.—In selecting topics for research, does not exceed 50 percent and the share at- for the fiscal year; bears to allocating funds among contractors and tributable to the Secretary and the Federal ‘‘(B) the total of the amounts apportioned State and local governments for research, agency jointly does not exceed 80 percent. to all States under those sections for the fis- and researching, developing, testing, and (3) ALLOWABLE MATCH FROM FEDERAL GRANT cal year. promoting intelligent transportation sys- PROGRAMS.—Notwithstanding any other pro- ‘‘(3) REDISTRIBUTION OF UNUSED OBLIGATION tems and other technological applications, vision of law, the following Federal grant AUTHORITY.— the Secretary shall give careful consider- programs may be used to contribute Federal ‘‘(A) IN GENERAL.—Notwithstanding any ation to the national interest in— funds toward a project’s cost and may be ac- limitation described in paragraph (1), for ‘‘(1) understanding transportation issues counted for as contributing to the non-Fed- each fiscal year, the Secretary— that affect rural areas; eral share: ‘‘(i) shall provide each State with author- ‘‘(2) developing a scientific and techno- (A) The State and Local Fiscal Assistance ity sufficient to prevent lapses of sums au- logical infrastructure in rural areas; and Act of 1972 (Public Law 92–512). thorized to be appropriated for Federal-aid ‘‘(3) permitting rural as well as metropoli- (B) Title I of the Housing and Community highways and highway safety construction tan areas to benefit from the deployment of Development Act of 1974 (42 U.S.C. 5301 et programs that have been apportioned or allo- modern transportation technology.’’. seq.). cated to the State, except in those cases in SEC. 106. RECREATIONAL TRAILS. (C) The Public Works Employment Act of which the State indicates its intention to (a) AUTHORIZATION OF APPROPRIATIONS.— 1976 (42 U.S.C. 6701 et seq.). lapse sums apportioned to the State; There is authorized to be appropriated out of (D) The Delaware and Lehigh Navigation ‘‘(ii) after August 1 of the fiscal year— the Highway Trust Fund (other than the Canal National Heritage Corridor Act of 1988 ‘‘(I) shall revise a distribution of the funds Mass Transit Account) to carry out the rec- (16 U.S.C. 461 note; 102 Stat. 4552). made available under the limitation de- reational trails program under part B of title (E) The Job Training Partnership Act (29 scribed in paragraph (1) for the fiscal year if I of the Intermodal Surface Transportation U.S.C. 1501 et seq.). a State will not obligate the amount distrib- Efficiency Act of 1991 (16 U.S.C. 1261 et seq.) (F) The National and Community Service uted during the fiscal year; and $30,000,000 for each of fiscal years 1998 Act of 1990 (42 U.S.C. 12501 et seq.). ‘‘(II) shall redistribute sufficient amounts through 2003. (G) The Personal Responsibility and Work to States able to obligate amounts in addi- (b) APPORTIONMENT FORMULA.— Opportunity Reconciliation Act of 1996 (Pub- tion to the amounts previously distributed (1) ADMINISTRATIVE COSTS.—Whenever an lic Law 104–193). for the fiscal year, giving priority to those apportionment is made of the sums author- (4) PROGRAMMATIC NON-FEDERAL SHARE.—A States that have unobligated balances of ized to be appropriated to carry out section State may allow adjustments of the non-Fed- funds apportioned that are relatively large 1302 of the Intermodal Surface Transpor- eral share of individual projects if the total when compared to the amount of funds ap- tation Efficiency Act of 1991 (16 U.S.C. 1261), Federal share payable for all projects within portioned to those States under sections 104 the Secretary shall deduct an amount, not to the State under this program for a Federal and 157 for the fiscal year; and exceed 3 percent of the sums authorized, to fiscal year’s apportionment does not exceed ‘‘(iii) shall not distribute amounts author- cover the cost to the Secretary for adminis- 80 percent. A project funded under paragraph ized for administrative expenses. tration of and research under the rec- (2) or (3) may not be included in the calcula- ‘‘(B) STATE INFRASTRUCTURE BANKS.—For reational trails program and for administra- tion of the programmatic non-Federal share. the purposes of subparagraph (A)(ii), funds tion of the National Recreational Trails Ad- (5) STATE ADMINISTRATIVE COSTS.—The Fed- made available and placed in a State infra- visory Committee. The Secretary may enter eral share payable on account of the admin- structure bank approved by the Secretary into contracts, partnerships, or cooperative istrative costs of a State, incurred in admin- but not obligated out of the bank shall be agreements with other government agencies, istering this program and carrying out state- considered to be not obligated. institutions of higher learning, or nonprofit wide trail planning, shall be determined in ‘‘(4) ADDITIONAL OBLIGATION AUTHORITY.— organizations, and may enter into contracts accordance with section 120(b) of title 23, ‘‘(A) IN GENERAL.—Subject to paragraph with for-profit organizations, to carry out United States Code. (3), a State that after August 1 and on or be- the administration and research described in SEC. 107. RULES FOR ANY LIMITATIONS ON OBLI- fore September 30 of a fiscal year obligates the preceding sentence. GATIONS. the amount distributed to the State for the (2) APPROPRIATION TO THE STATES.—After (a) NONE ESTABLISHED.—Nothing in this fiscal year under paragraph (2) may obligate making the deduction authorized by para- Act establishes a limitation on the total of for Federal-aid highways and highway safety graph (1), the Secretary shall apportion the all obligations for any fiscal year for Fed- construction programs on or before Septem- remainder of the sums authorized to be ap- eral-aid highways and highway safety con- ber 30 of the fiscal year an additional propriated for expenditure on the rec- struction programs. amount not to exceed 5 percent of the aggre- reational trails program for each fiscal year (b) RULES FOR OBLIGATION AUTHORITY LIM- gate amount of funds apportioned or allo- among the States in the following manner: ITS.—Chapter 1 of title 23, United States cated to the State under sections 104 and 157 S2910 CONGRESSIONAL RECORD — SENATE April 9, 1997 that are not obligated on the date on which amounts shall be obligated at the discretion only to carry out activities eligible under the State completes obligation of the of the Secretary, in accordance with proce- section 130 or 152. amount so distributed. dures to be established by the Secretary, for ‘‘(B) WAIVER.—For a fiscal year, the Sec- ‘‘(B) LIMITATION ON ADDITIONAL OBLIGATION bridge projects eligible under section retary shall waive the set-aside required AUTHORITY.—During the period August 2 133(b).’’; under clause (i) or (ii) of subparagraph (A), through September 30 of each fiscal year, the (B) by striking subsections (c) through (f) and permit the amount of the set-aside to be aggregate amount that may be obligated by and (h) through (p); used in accordance with subparagraph all States under subparagraph (A) shall not (C) by redesignating paragraphs (3) and (4) (A)(iii), upon receipt of a certification by the exceed 2.5 percent of the aggregate amount of subsection (g) as paragraphs (2) and (3), re- State that the amount that will be made of funds apportioned or allocated to all spectively, of subsection (b); available for the purpose of the waived set- States under sections 104 and 157 that would (D) by striking subsection (g); aside for that fiscal year, when combined not be obligated in the fiscal year if the total (E) in subsection (q), by striking ‘‘(q) As with the amount made available for that amount of obligation authority provided for used in’’ and inserting ‘‘(c) DEFINITION OF RE- purpose for the preceding fiscal year, or the the fiscal year were used. HABILITATE.—In’’; and amount to be made available for that pur- ‘‘(C) LIMITATION ON APPLICABILITY.—In the (F) in subsection (b) (as amended by sub- pose for the following fiscal year, will aver- case of a fiscal year, subparagraph (A) shall paragraph (C))— age, per fiscal year, not less than 2.5 percent not apply to any State that on or after Au- (i) in paragraph (2), by striking ‘‘appor- of the amount apportioned to the State gust 1 of the fiscal year has the amount dis- tioned to each State in each of fiscal years under section 104(b)(3) for fiscal year 1997.’’. tributed to the State under a limitation for 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, (2) PROGRAM IMPROVEMENTS.—Title 23, the fiscal year reduced under paragraph (3). 1996, and 1997,’’ and inserting ‘‘reserved by United States Code, is amended— ‘‘(d) MAINTENANCE OF OVERALL PROGRAM each State under subsection (a) for each of (A) in section 130— BALANCE.—If a limitation on obligations is fiscal years 1998 through 2003’’; and (i) in subsection (e), by striking the first established for a fiscal year— (ii) in paragraph (3)— sentence and inserting the following: ‘‘Funds ‘‘(1) the Secretary shall determine the per- (I) in the first sentence, by striking ‘‘ap- authorized for or expended under this section centage by which the limitation reduces the portioned to’’ and inserting ‘‘reserved under may be used for the installation of protec- amount of funds that otherwise would be subsection (a) by’’; and tive devices at railway-highway crossings.’’; available for obligation by each State; and (II) in the second sentence, by striking ‘‘a and ‘‘(2) notwithstanding sections 133, 144, and State bridge apportionment and before (ii) in subsection (f), by striking ‘‘APPOR- 149, for the fiscal year, the amounts that are transferring funds to the States,’’ and insert- TIONMENT’’ and all that follows through the required to be made available for use in the ing ‘‘the amount to be reserved under sub- first sentence and inserting ‘‘FEDERAL section (a) for a fiscal year by a State de- State under paragraphs (1) and (2) of section SHARE.—’’; and 133(d), the amounts that the State is re- scribed in the preceding sentence,’’. (B) in section 152— quired to reserve under section 144, and the (2) CONFORMING AMENDMENTS.— (i) in subsection (c), by striking ‘‘(other amounts subject to section 149, shall be re- (A) Section 104(g) of title 23, United States than a highway on the Interstate System)’’; duced by the percentage determined by the Code, is amended— and (i) in the first sentence— Secretary under paragraph (1).’’. (ii) in subsection (e), by striking the first (I) by striking ‘‘apportioned’’ and inserting (c) CONFORMING AMENDMENT.—The analysis sentence. ‘‘reserved’’; for chapter 1 of title 23, United States Code (c) TRANSPORTATION ENHANCEMENT ACTIVI- (II) by striking ‘‘to each State in accord- (as amended by section 102(b)), is amended by TIES.—Section 133(d) of title 23, United ance with’’ and inserting ‘‘by each State for adding at the end the following: States Code, is amended by striking para- the purposes of’’; and graph (2) and inserting the following: ‘‘163. Rules for limitations on obligation au- (III) by striking ‘‘apportionment’’ each ‘‘(2) TRANSPORTATION ENHANCEMENT ACTIVI- thority.’’. place it appears and inserting ‘‘amount re- TIES.—With respect to funds apportioned for TITLE II—PROGRAM STREAMLINING served’’; each of fiscal years 1998 through 2003, an (ii) in the second sentence, by striking ‘‘ap- SEC. 201. PLANNING-BASED EXPENDITURES ON amount equal to 5 percent of the amount ap- ELEMENTS OF TRANSPORTATION IN- portionment’’ each place it appears and in- FRASTRUCTURE. serting ‘‘amount reserved’’; and portioned to a State under section 104(b)(3) shall be available only to carry out transpor- (a) BRIDGE EXPENDITURES.— (iii) in the third sentence, by striking (1) IN GENERAL.—Section 144 of title 23, ‘‘State’s apportionment’’ and inserting tation enhancement activities.’’. United States Code, is amended— ‘‘amount reserved by the State’’. (d) CONGESTION MITIGATION AND AIR QUAL- (A) by striking subsections (a) and (b) and (B) Section 115(c) of title 23, United States ITY IMPROVEMENT ACTIVITIES.— inserting the following: Code, is amended by striking ‘‘144,,’’. (1) IN GENERAL.—Section 149 of title 23, ‘‘(a) CERTIFICATION BY THE STATE.—Not (C) Section 120(e) of title 23, United States United States Code, is amended— later than 180 days after the end of each fis- Code, is amended in the last sentence by (A) in the section heading, by striking cal year beginning with fiscal year 1998, each striking ‘‘and in section 144 of this title’’. ‘‘program’’ and inserting ‘‘activities’’; State shall certify to the Secretary, either (D) Section 140(b) of title 23, United States (B) by striking subsection (a) and inserting that— Code, is amended in the last sentence by the following: ‘‘(1) the State has reserved, from funds ap- striking ‘‘and the bridge program under sec- ‘‘(a) USE OF FUNDS.—Funds apportioned to portioned to the State for the preceding fis- tion 144’’. a State under section 104(b)(3)(D) may be cal year, to carry out bridge projects eligible (E) Section 151(d) of title 23, United States used only in accordance with this section.’’; under section 133(b), an amount that is not Code, is amended by striking ‘‘section 104(a), (C) in subsection (b), by striking ‘‘Except’’ less than the amount apportioned to the section 307(a), and section 144 of this title’’ and all that follows through ‘‘program only’’ State under this section for fiscal year 1997; and inserting ‘‘sections 104(a) and 307(a)’’. and inserting ‘‘Funds described in subsection or (F) Section 307(c)(1) of title 23, United (a) may be used only’’; and ‘‘(2) the amount that the State will re- States Code, is amended by striking ‘‘sec- (D) in subsection (c), by striking ‘‘section serve, from funds apportioned to the State tions 104 and 144 of this title’’ and inserting 104(b)(2)’’ and inserting ‘‘section for the period consisting of fiscal years 1998 ‘‘section 104’’. 104(b)(3)(D)’’. through 2003, to carry out bridge projects eli- (b) SAFETY PROGRAMS.— (2) CONFORMING AMENDMENTS.— gible under section 133(b), will be not less (1) SURFACE TRANSPORTATION PROGRAM.— (A) The analysis for chapter 1 of title 23, than 6 times the amount apportioned to the Section 133(d) of title 23, United States Code, United States Code, is amended by striking State under this section for fiscal year 1997. is amended by striking paragraph (1) and in- the item relating to section 149 and inserting ‘‘(b) SET ASIDES.— serting the following: the following: ‘‘(1) DISCRETIONARY BRIDGE PROGRAM.— ‘‘(1) SAFETY PROGRAMS.— ‘‘149. Congestion mitigation and air quality ‘‘(A) IN GENERAL.—On October 1 of each fis- ‘‘(A) REQUIRED SET-ASIDE.—With respect to improvement activities.’’. cal year beginning with fiscal year 1998, be- funds apportioned for each of fiscal years (B) Section 115(a) of title 23, United States fore making any apportionment under para- 1998 through 2003— Code, is amended— graph (1) or (3) of section 104(b), the Sec- ‘‘(i) an amount equal to 2.5 percent of the (i) in the subsection heading, by striking retary shall set aside— amount apportioned to a State under section ‘‘CONGESTION MITIGATION AND AIR QUALITY ‘‘(i) $36,300,000 from the amount available 104(b)(3) for fiscal year 1997 shall be available IMPROVEMENT,’’; and for apportionments under section 104(b)(1); only to carry out activities eligible under (ii) in paragraph (1)(A)(i), by striking and section 130; ‘‘104(b)(2),’’. ‘‘(ii) $24,200,000 from the amount available ‘‘(ii) an amount equal to the amount de- (C) Section 146(a) of title 23, United States for apportionments under section 104(b)(3). scribed in clause (i) shall be available only to Code, is amended in the first sentence by ‘‘(B) USE OF SET ASIDE.—The amounts set carry out activities eligible under section striking ‘‘104(b)(2),’’ and inserting aside under subparagraph (A) shall be avail- 152; and ‘‘104(b)(3)(D),’’. able for obligation in the same manner and ‘‘(iii) an amount equal to 5 percent of the (D) Section 217 of title 23, United States to the same extent as sums apportioned amount apportioned to a State under section Code, is amended— under section 104(b)(3), except that the 104(b)(3) for fiscal year 1997 shall be available (i) in subsection (a)— April 9, 1997 CONGRESSIONAL RECORD — SENATE S2911 (I) in the subsection heading, by striking ity improvement project or program without (iii) by striking ‘‘obligated’’ and inserting ‘‘STP AND CONGESTION MITIGATION PROGRAM’’ regard to any limitation of the Department ‘‘allocated’’; and inserting ‘‘SURFACE TRANSPORTATION of Transportation relating to the type of am- (4) in subsection (e), by striking paragraph PROGRAM’’; and bient air quality standard addressed by the (2) and inserting the following: (II) by striking ‘‘sections 104(b)(2) and project or program. For the purpose of this ‘‘(2) CERTIFICATION.—Before the beginning 104(b)(3) of this title’’ and inserting ‘‘section paragraph, an area that has been designated of each fiscal year, the Governor of each 104(b)(3)’’; and as nonattainment for carbon monoxide under State shall certify to the Secretary that the (ii) in subsection (d), by striking ‘‘sections section 107(d) of the Clean Air Act (42 U.S.C. State will meet all the requirements of this 104(b)(2) and 104(b)(3) of this title’’ and in- 7407(d)) shall be considered to be a nonattain- section and shall notify the Secretary that serting ‘‘section 104(b)(3)’’. ment area regardless of whether the area has the amount of obligations expected to be in- SEC. 202. NATIONAL HIGHWAY SYSTEM. been ‘classified’ under subpart 3 of part D of curred for surface transportation program (a) DEFINITION OF NATIONAL HIGHWAY SYS- title I of that Act (42 U.S.C. 7512 et seq.). projects during the fiscal year is in accord- TEM.—Section 101(a) of title 23, United States ‘‘(13) Placement of funds in a State infra- ance with the surveys, plans, specifications, Code, is amended by striking the undesig- structure bank approved by the Secretary.’’; and estimates for each proposed project in- nated paragraph defining ‘‘National Highway (2) in subsection (c), by striking ‘‘unless cluded in the surface transportation program System’’ and inserting the following: such roads are on a Federal-aid highway sys- category in the transportation improvement ‘‘The term ‘National Highway System’ tem on January 1, 1991, and’’; program of the State developed under sec- means the Federal-aid highway system es- (3) in subsection (d)(3)— tion 135 for the fiscal year. A State may re- tablished under section 103(b).’’. (A) by striking subparagraph (A) and in- quest an adjustment to an obligation (b) PROGRAM SPECIFICATIONS.—Section 103 serting the following: amount referred to in subparagraph (A)(ii) of title 23, United States Code, is amended— ‘‘(A) GENERAL RULE.— later in the fiscal year. Acceptance by the (1) by striking the section designation and ‘‘(i) URBAN AREAS.—Except as provided in Secretary of the notification and certifi- heading and inserting the following: subparagraph (C), for each fiscal year, a cation shall be deemed to be a contractual State shall allocate for use in each area of ‘‘§ 103. National Highway System’’ obligation of the United States to pay the the State with an urbanized area population Federal share of costs incurred by the State (2) by striking subsections (g) and (h); and of over 200,000 individuals an amount of the for projects not subject to review by the Sec- (3) by redesignating subsection (i) as sub- funds apportioned under section 104(b)(3) for retary under this chapter.’’; and section (c) and moving the subsection to ap- the fiscal year obtained by multiplying— (5) in subsection (f)— pear after subsection (b). ‘‘(I)(aa) if funds were allocated for use in (A) by striking ‘‘6-fiscal year period 1992 (c) CONFORMING AMENDMENT.—The analysis the area under the surface transportation through 1997’’ and inserting ‘‘6-fiscal-year pe- for chapter 1 of title 23, United States Code, program for fiscal year 1997, the amount of riod 1998 through 2003’’; and is amended by striking the item relating to such funds required to be allocated for use in (B) by striking ‘‘obligate in’’ each place it section 103 and inserting the following: the area for that year; or appears and inserting ‘‘allocate to’’. ‘‘(bb) if funds were not allocated for use in ‘‘103. National Highway System.’’. SEC. 205. CONFORMING AMENDMENTS TO DIS- SEC. 203. INTERSTATE MAINTENANCE ACTIVI- the area under the surface transportation CRETIONARY PROGRAMS. TIES. program for fiscal year 1997, the amount of (a) OPERATION LIFESAVER.—Section 104 of (a) FUNDING OF ACTIVITIES.—Section 119 of such funds that would have been required to title 23, United States Code, is amended by title 23, United States Code, is amended— be allocated for use in the area for fiscal striking subsection (d) and inserting the fol- (1) in the section heading, by striking year 1997 if the area had had an urbanized lowing: ‘‘program’’ and inserting ‘‘activities’’; area population of 200,001 individuals as of ‘‘(d) OPERATION LIFESAVER.—From admin- (2) in subsection (a)— October 1, 1996; by istrative funds deducted under subsection (A) in the first sentence— ‘‘(II) the amount obtained by dividing— (a), the Secretary shall expend $500,000 for (i) by striking ‘‘sections 103 and 139(c) of ‘‘(aa) all funds apportioned or allocated to each fiscal year to carry out a public infor- this title and routes on the Interstate Sys- the State for Federal-aid highways and high- mation and education program to help pre- tem designated before the date of enactment way safety construction programs for the fis- vent and reduce motor vehicle accidents, in- of this sentence under section 139(a) and (b) cal year; by juries, and fatalities and to improve driver of’’; and ‘‘(bb) all funds apportioned or allocated to performance at railway-highway crossings.’’. (ii) by striking ‘‘subsection (e)’’ and insert- the State for Federal-aid highways and high- (b) REPEAL OF SET-ASIDES FOR THE INTER- ing ‘‘subsection (d)’’; and way safety construction programs for fiscal STATE AND NATIONAL HIGHWAY SYSTEM DIS- (B) by striking the second sentence; year 1997. CRETIONARY PROGRAMS.—Section 118 of title (3) by striking subsections (d), (f), and (g); ‘‘(ii) OTHER AREAS.—Except as provided in 23, United States Code, is amended— and subparagraph (C), for each fiscal year, a (1) by striking subsection (c); and (4) by redesignating subsection (e) as sub- State shall allocate for use in each area of (2) by redesignating subsections (d), (e), the State that is not an area described in section (d). and (f) as subsections (c), (d), and (e), respec- clause (i) an amount of the funds appor- (b) CONFORMING AMENDMENTS.— tively. (1) The analysis for chapter 1 of title 23, tioned under section 104(b)(3) for the fiscal SEC. 206. COOPERATIVE FEDERAL LANDS TRANS- United States Code, is amended by striking year obtained by multiplying— PORTATION PROGRAM. ‘‘(I) the amount of funds required to be al- the item relating to section 119 and inserting (a) IN GENERAL.—Chapter 2 of title 23, located for use in the area under the surface the following: United States Code, is amended by inserting transportation program for fiscal year 1997; after section 205 the following: ‘‘119. Interstate maintenance activities.’’ by ‘‘SEC. 206. COOPERATIVE FEDERAL LANDS (2) Sections 134(i)(4) and 135(f)(3) of title 23, ‘‘(II) the amount obtained by dividing— TRANSPORTATION PROGRAM. United States Code, are amended— ‘‘(aa) all funds apportioned or allocated to ‘‘(a) FINDINGS AND PURPOSE.— (A) by striking ‘‘and pursuant to the bridge the State for Federal-aid highways and high- ‘‘(1) FINDINGS.—Congress finds that public and Interstate maintenance programs’’ each way safety construction programs for the fis- roads owned by States— place it appears and inserting ‘‘, pursuant to cal year; by ‘‘(A) can provide valuable assistance to the the bridge program under section 144, and as ‘‘(bb) all funds apportioned or allocated to Federal Government in ensuring adequate Interstate maintenance activities under sec- the State for Federal-aid highways and high- and safe transportation to, in, and across tion 119’’; and way safety construction programs for fiscal federally owned land and Indian reserva- (B) by striking ‘‘or pursuant to the bridge year 1997.’’; tions; and and Interstate maintenance programs’’ each (B) in subparagraph (B), by striking ‘‘sub- ‘‘(B) supplement the efforts of the Federal place it appears and inserting ‘‘, pursuant to paragraph (A)(ii)’’ and inserting ‘‘this sec- Government in developing and maintaining the bridge program under section 144, or as tion’’; roads to serve federally owned land and In- Interstate maintenance activities under sec- (C) by striking subparagraph (C) and in- dian reservations. tion 119’’. serting the following: ‘‘(2) PURPOSE.—The purpose of this section SEC. 204. SURFACE TRANSPORTATION PROGRAM ‘‘(C) SPECIAL RULE FOR CERTAIN STATES.— is to further the Federal interest in State- AMENDMENTS. Subparagraph (A) shall not apply in the case owned or State-maintained roads that pro- Section 133 of title 23, United States Code, of a State that is noncontiguous with the vide transportation to, in, or across federally is amended— continental United States.’’; owned land or Indian reservations by estab- (1) in subsection (b), by adding at the end (D) by striking subparagraph (D); lishing the Cooperative Federal Lands Trans- the following: (E) by redesignating subparagraph (E) as portation Program. ‘‘(12) With respect to each area of a State subparagraph (D); and ‘‘(b) PROGRAM.—There is established the that is a nonattainment area under the (F) in subparagraph (D) (as so redesig- Cooperative Federal Lands Transportation Clean Air Act (42 U.S.C. 7401 et seq.) for nated)— Program (referred to in this section as the ozone or carbon monoxide, or for PM–10 re- (i) by striking ‘‘obligate’’ each place it ap- ‘program’). Funds available for the program sulting from transportation activities, or for pears and inserting ‘‘allocate’’; may be used for projects, or portions of any combination of these substances, also (ii) by striking ‘‘(A)(i)’’ each place it ap- projects, on State-owned or State-main- for any congestion mitigation and air qual- pears and inserting ‘‘(A)’’; and tained highways that cross, are adjacent to, S2912 CONGRESSIONAL RECORD — SENATE April 9, 1997

or lead to federally owned land or Indian res- future availability, for use on park roads and ‘‘(1) IN GENERAL.—Except as otherwise pro- ervations, as determined by the State. Such parkways in a national park, of funds made vided by law, unobligated balances of funds projects shall be proposed by a State and se- available for use in a national park by this apportioned or allocated to a State before lected by the Secretary. A project proposed paragraph.’’. October 1, 1997, under this title, the Inter- by a State under this section shall be on a (b) DEFINITION OF FEDERAL LANDS HIGHWAY modal Surface Transportation Efficiency Act highway owned or maintained by the State INVESTMENT.—Section 101(a) of title 23, Unit- of 1991 (Public Law 102–240), or other law con- and may be a highway construction or main- ed States Code, is amended— cerning Federal-aid highways, shall be avail- tenance project eligible under this title or (1) by adding at the end the following: able for obligation in the State under the any project of a type described in section ‘‘The term ‘Federal lands highway invest- law (including regulations, policies, and pro- 204(h). ment’ means funds authorized for the Fed- cedures) relating to the obligation and ex- ‘‘(c) DISTRIBUTION OF FUNDS FOR eral lands highways program or the Coopera- penditure of the funds in effect on September PROJECTS.— tive Federal Lands Transportation Program 30, 1997. N GENERAL ‘‘(1) I .— under chapter 2.’’; and ‘‘(2) TRANSFERABILITY.— ‘‘(A) IN GENERAL.—The Secretary— (2) by reordering the undesignated para- ‘‘(A) INTERSTATE CONSTRUCTION AND INTER- ‘‘(i) after consultation with the Adminis- graphs so that they are in alphabetical STATE MAINTENANCE PROGRAMS.—A State trator of General Services, the Secretary of order. may transfer unobligated balances of funds the Interior, and other agencies as appro- (c) CONFORMING AMENDMENT.—The analysis apportioned to the State before October 1, priate, shall determine the percentage of the for chapter 2 of title 23, United States Code, 1997, for the Interstate construction program total land in each State that is owned by the is amended by inserting after the item relat- under section 104(b)(5)(A) (as in effect on the Federal Government or that is held by the ing to section 205 the following: day before the date of enactment of this sub- Federal Government in trust; ‘‘206. Cooperative Federal Lands Transpor- section) or the Interstate maintenance pro- ‘‘(ii) shall determine the sum of the per- tation Program.’’. gram under section 104(b)(5)(B) (as in effect centages determined under clause (i) for on the day before the date of enactment of States with respect to which the percentage TITLE III—REDUCTION OF REGULATION this subsection), to the apportionment of the is 4.5 or greater; and SEC. 301. PERIODIC REVIEW OF AGENCY RULES. State under section 104(b)(1). ‘‘(iii) shall determine for each State in- (a) IN GENERAL.—The Secretary of Trans- ‘‘(B) BRIDGE REPLACEMENT AND REHABILITA- cluded in the determination under clause (ii) portation shall carry out a periodic review of TION PROGRAM.—A State may transfer unobli- the percentage obtained by dividing— all significant rules issued by the Depart- gated balances of funds apportioned to the ‘‘(I) the percentage for the State deter- ment of Transportation and shall determine mined under clause (i); by which of the rules should be amended, re- State before October 1, 1997, for the bridge ‘‘(II) the sum determined under clause (ii). scinded, or continued without change, based replacement and rehabilitation program under section 144 (as in effect on the day be- ‘‘(B) ADJUSTMENT.—The Secretary shall— on a consideration of— ‘‘(i) reduce any percentage determined (1) the continued need for each rule; and fore the date of enactment of this sub- under subparagraph (A)(iii) that is greater (2) the extent to which the rule overlaps, section) to the apportionment of the State than 7.5 percent to 7.5 percent; and duplicates, or conflicts with other Federal under paragraph (1) or (3) of section 104(b) (or ‘‘(ii) redistribute the percentage points rules. both). equal to any reduction under clause (i) (b) PLAN.—Not later than 60 days after the ‘‘(C) SURFACE TRANSPORTATION PROGRAM.— among other States included in the deter- date of enactment of this Act, the Secretary A State may transfer unobligated balances mination under subparagraph (A)(ii) in pro- shall develop and publish in the Federal Reg- of funds apportioned to the State before Oc- portion to the percentages for those States ister a plan for the periodic review of all sig- tober 1, 1997, for the surface transportation determined under subparagraph (A)(iii). nificant rules issued by the Department of program under section 104(b)(3) (as in effect ‘‘(2) AVAILABILITY TO STATES.—Except as Transportation. on the day before the date of enactment of provided in paragraph (3), for each fiscal SEC. 302. PLANNING AND PROGRAMMING. this subsection) to the apportionment of the year, the Secretary shall make funds avail- Section 135 of title 23, United States Code, State under section 104(b)(3). able to carry out eligible projects in a State is amended by adding at the end the follow- ‘‘(D) OTHER PROGRAMS.—A State may in an amount equal to the amount obtained ing: transfer unobligated balances of funds appor- by multiplying— ‘‘(i) CONTINUATION OF CURRENT REVIEW tioned or allocated to the State before Octo- ‘‘(A) the percentage for the State, if any, PRACTICE.—Since plans and programs de- ber 1, 1997, under sections 157 and 160 (as in determined under paragraph (1); by scribed in this section are subject to a rea- effect on the day before the date of enact- ‘‘(B) the funds made available for the pro- sonable opportunity for public comment, ment of this subsection), and sections 1013(c) gram for the fiscal year. since individual projects included in the and 1015(b) of the Intermodal Surface Trans- ‘‘(3) SELECTION OF PROJECTS.—The Sec- plans and programs are subject to review portation Efficiency Act of 1991 (Public Law retary may establish deadlines for States to under the National Environmental Policy 102–240) (as in effect on the day before the submit proposed projects for funding under Act of 1969 (42 U.S.C. 4321 et seq.), and since date of enactment of this subsection), to the this section, except that in the case of fiscal decisions by the Secretary concerning plans apportionment of the State under section year 1998 the deadline may not be earlier and programs described in this section have 104(b)(3). than January 1, 1998. For each fiscal year, if not been reviewed under that Act as of Janu- ‘‘(E) APPLICABILITY OF CERTAIN LAWS.— a State does not have pending, by that dead- ary 1, 1997, any decision by the Secretary Funds transferred under this paragraph shall line, applications for projects with an esti- concerning a plan or program described in be subject to the laws (including regulations, mated cost equal to at least 3 times the this section shall not be considered to be a policies, and procedures) relating to the ap- amount for the State determined under para- Federal action subject to review under the portionment to which the funds are trans- graph (2), the Secretary may distribute, to 1 National Environmental Policy Act of 1969 ferred as the laws are in effect after the date or more other States, at the Secretary’s dis- (42 U.S.C. 4321 et seq.).’’. of enactment of this subsection, except that a transfer of funds permitted under this cretion, 1⁄3 of the amount by which the esti- SEC. 303. METRIC CONVERSION AT STATE OP- mated cost of the State’s applications is less TION. paragraph shall not extend the time period than 3 times the amount for the State deter- Section 205(c)(2) of the National Highway within which the transferred funds either mined under paragraph (2). System Designation Act of 1995 (23 U.S.C. 109 must be obligated or lapse. ‘‘(d) TRANSFERS.— note; 109 Stat. 577) is amended by striking ‘‘(F) EFFECT ON CERTAIN DETERMINATIONS.— ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘Before September 30, 2000, the’’ and insert- A decision by a State to transfer funds under other provision of law, a State and the Sec- ing ‘‘The’’. this paragraph shall have no effect on any retary may agree to transfer amounts made TITLE IV—EFFECTIVE DATE; TRANSITION determination of the apportionments or obli- available to a State under this section for RULES. gation authority of the State.’’. use in carrying out projects on any Federal SEC. 401. EFFECTIVE DATE; TRANSITION RULES. SUMMARY OF KEY PROVISIONS OF STARS 2000 lands highway that is located in the State. (a) IN GENERAL.—Except as otherwise pro- ‘‘(2) SPECIAL RULE.—This paragraph applies vided in this Act, this Act and the amend- STARS 2000 is a six-year transportation re- to a State that contains a national park that ments made by this Act take effect on the authorization proposal. was visited by more than 2,500,000 people in date of enactment of this Act. FUNDING LEVELS 1996 and comprises more than 3,000 square (b) FUNDS.—Except as otherwise provided The Department of Transportation esti- miles of land area, including surface water, in this Act, this Act and the amendments mates that the Highway Account of the that is located in the State. For such a made by this Act shall apply only to funds Highway Trust Fund could sustain annual State, 50 percent of the amount that would authorized to be appropriated or made avail- funding levels of $27 billion into the next otherwise be made available to the State for able after September 30, 1997. century. This figure includes annual reve- each fiscal year under the program shall be (c) UNOBLIGATED BALANCES.—Section 118 of nue, interest accumulated from unobligated made available only for eligible highway title 23, United States Code (as amended by balances, and the gradual spend-down of un- uses in the national park and within the bor- section 205(b)), is amended by adding at the obligated balances. ders of the State. For the purpose of making end the following: STARS 2000 funding levels are approxi- allocations under section 202(c), the Sec- ‘‘(f) UNOBLIGATED BALANCES AS OF OCTOBER mately $27 billion annually. retary may not take into account the past or 1, 1997.— The breakdown is as follows: April 9, 1997 CONGRESSIONAL RECORD — SENATE S2913 National Highway System—$14.163 billion CONGESTION MITIGATION AND AIR QUALITY dresses this problem by restoring the Surface Transportation Program—$9.442 STARS 2000 eliminates the CMAQ program integrity of the fee system by spending billion as a separate category. However, included in as much out of the highway fee system Equity programs—approximately $2.8 bil- the Surface Transportation Program funding as it can sustain. We have been spend- lion formula is an ‘‘air quality’’ factor. States Federal lands programs ing less than $20 billion annually. that receive funds under the air quality fac- STARS 2000 raises the authorization to 1. Indian reservation roads—$191 million tor—which are those States that receive 2. Public lands highways—$172 million $27 billion. We believe those dollars CMAQ funds under today’s CMAQ formula 3. Parks and Parkways—$84 million for their nonattainment areas—would be re- ought to go into the highway system. Cooperative Federal Lands Transportation quired to spend such funds in their non- In addition, it provides a framework Program (new)—$155 million attainment areas for CMAQ eligible projects. for any additional revenues such as the Territories—$35 million 4.3 cents that currently goes to deficit Recreational Trails—$30 million This provision translates into a $380 million air quality program. reduction. Should these user fees be FUNDING FORMULAS RECREATIONAL TRAILS transferred to the highway trust fund, STARS 2000 funding formulas are based STARS 2000 proposes a $30 million annual they would be distributed according to heavily on the extent and use of a State’s the bill’s formula. STARS 2000 will highway system. Interstate lane miles and funding level for the National Recreational vmt, NHS lane miles and vmt, federal-aid Trails program. Funds are to be used for help my State and many States main- lane miles and vmt, square footage of both motorized and nonmotorized trails, con- tain a national system. bridges, diesel sales and 4 other formula fac- sistent with current law. The matching re- If you are going to go from Washing- tors consisting of air quality, federal land quirement has been adjusted from today’s 50/ ton to California, you obviously have ownership, population in relation to lane 50 matching ratio to a new 80/20 matching to go throughout the whole country miles and freeze/thaw cycles. ratio. and therefore it is key to have a Fed- STARS 2000 also includes a 95% minimum FEDERAL LANDS eral system. In my State, a small State allocation equity account. STARS 2000 retains the current federal in terms of population but large in STREAMLINED PROGRAM lands categories—public lands, Indian res- terms of space, we pay more per capita Under STARS 2000, the federal program is ervation roads, parks and parkways. Current than any other State, nearly $200 for funding levels are retained as well. streamlined in order to allow the program to every person in our State for highway be highly flexible. This enables different A new Federal lands category, the Cooper- ative Federal Lands Transportation Program gas taxes, and yet we have deteriorat- States to choose projects that meet their ing bridges and roads, as do many transportation priorities. Projects such as is also proposed at $155 million annually. highway reconstruction, safety improve- These funds are to be used by States to im- States. ments, transit, bridges, enhancements, prove State-owned or maintained roads that In addition, the Federal Government CMAQ projects or other eligible investments. lead to, are adjacent to or pass through Fed- owns 50 percent of Wyoming. One of the eral lands or reservations. NATIONAL HIGHWAY SYSTEM principle authors of this bill and my REGULATORY REVIEW Funding for the National Highway System friend, Senator KEMPTHORNE, his State represents sixty percent of the core formula The Department of Transportation is re- of Idaho has even larger holdings. In program under STARS 2000. Funds may be quired to review all significant rules it has Nevada, it is 86 percent federally owned used for Interstate maintenance activities, issued. Any rules that are obsolete, overlap- so we have to take Federal lands into bridge improvements and other uses eligible ping, duplicative or conflict with other Fed- account as we talk about a Federal sys- under today’s current NHS program. eral rules shall be either amended, rescinded or continued without change after such peri- tem. SURFACE TRANSPORTATION PROGRAM odic review. In fact, Yellowstone Park, located in Wyoming, has a backlog of nearly $250 Funding for the Surface Transportation Mr. THOMAS. Mr. President, I rise Program (STP) represents forty percent of million in road repairs and mainte- the core formula program under STARS 2000. this morning to talk about the reau- nance that needs to be considered. Un- Under this flexible program, funds may be thorization of the Federal highway bill. fortunately, we are not meeting these used for projects eligible under today’s Sur- I am very pleased to join with Senators needs. For example, the Clinton admin- face Transportation Program and projects el- BAUCUS and KEMPTHORNE in the intro- istration admits that this country only igible under today’s Congestion Mitigation duction of the Surface Transportation and Air Quality (CMAQ) program. invests 70 percent of what needs to be Authorization and Regulatory Stream- invested just to maintain our transpor- ENHANCEMENTS lining Act for the Next Century, tation infrastructure. These shortfalls STARS 2000 retains the transportation en- STARS 2000. I am also pleased that hurt all taxpayers, of course. The hancement program. Today, the core of the there will be 14 original cosponsors in enhancement program is a 10% set-aside of STARS 2000 coalition States are bridge support of this important legislation. States—people and goods cross these the $4 billion STP program—$400 million. This is the time for the reauthoriza- STARS 2000 requires 5% of the new $9.44 bil- States to other destinations. A set of lion STP program be set-aside annually—ap- tion of the Federal highway bill, called efficient and well maintained roads are proximately $480 million. Eligibility under ISTEA, that has been in place for the as important to the cities that export the enhancement program is not changed. past 6 years and has made a very im- goods across the country and around SAFETY PROGRAMS portant contribution to this country the world as they are to people in our Current law requires a 10% set-aside of and its transportation. It has made States. These transactions contribute STP funds for railway crossing elimination some important changes in our surface to the Nation’s economy and its job and hazard elimination programs. transportation policies, but as we move creation. STARS 2000 will make a STARS 2000 retains this set-aside (10% of into the 21st century, we need to up- smooth flow of people and goods across what a State received under the STP cat- date the law and make it more flexible the country a reality. egory in 1997), but gives States additional and more efficient in order to meet the One of the keys to the highway pro- flexibility in meeting this requirement. transportation challenges of the new States must spend at least 2.5% of the re- gram is that each State knows best quirement on railway-highway crossing century. I believe STARS 2000, achieves what it should be doing with the re- projects, at least 2.5% of the requirement on this goal. It will create new rules of the sources it has, and its priorities are. hazard elimination projects and the remain- road to help us to build the highways Clearly, the highways and roads in New ing 5% may be used for either program at the and bridges to the 21st century. York City are quite different than discretion of the State. With respect to the gas tax, it is a those in Wyoming or Nevada, so we BRIDGE PROGRAM user fee, of course, that each of us pay need to have the flexibility for State STARS 2000 eliminates the bridge program as we buy gas wherever we are in this and local officials to make the deci- as a separate category. However, STARS 2000 country. American taxpayers have sions there. STARS 2000 does that by retains the national commitment to bridges been shortchanged with regard to the significantly increasing the surface repairs by requiring every State to spend at benefits they are getting from the gas transportation program, the STP por- least as much on bridges as it does today, tax. Not all of the gas taxes have been tion, and puts the decisionmaking au- using National Highway System or Surface used for surface transportation. We Transportation Program funds. thority for how this money is allocated The bridge discretionary program is also need to get back to a user-fee system into the hands of state and local peo- retained at FY 1997 levels—$60.5 million an- where the taxes paid, in this case by ple. nually to be funded from the NHS and STP the users of highways, are used then for Unfortunately, the administration program. surface transportation. STARS 2000 ad- bill, NEXTEA, is advertised as building S2914 CONGRESSIONAL RECORD — SENATE April 9, 1997 a bridge to the 21st century. Unfortu- tana and I will be able to form this put in their share, and they get more nately, it is my belief that in its partnership, with many more partners than they put in. Other States put in present form that bridge will collapse. in the Senate joining our effort, includ- their share, and they get less back NEXTEA does not restore the integrity ing the Senator from Kansas, who will than they put in. We address that head of the trust fund, so for the American be joining us. I also want to recognize on by increasing the minimum alloca- taxpayer, there is no trust in the trust that I appreciate Senator JOHN WAR- tion program from 90 percent up to 95 fund. It does not streamline the pro- NER, who is the chairman of this par- percent. Under STARS 2000 formulas gram. It does not make the kinds of ticular subcommittee dealing with this and proposed increased funding levels, changes that are needed. It hangs on to issue of the national highway bill, for it would result in 47 States receiving what we have done in the past. It also holding a hearing in the State of Idaho, greater funding than they do under the handcuffs local authorities in terms of for coming to Idaho so that the west- current ISTEA program. Mr. President, making decisions. NEXTEA adds regu- ern perspective could be made part of 47 States will actually receive more lations. God knows, we need to move the public record. Also, Senator BAU- funds. away from regulations and allow the CUS, who came to that hearing in Again, as has been pointed out, we highway program to be more efficient. Idaho—I appreciate my neighbor from really do provide for the streamlining, STARS 2000 emphasizes the Federal Montana coming over and making that for greater flexibility, so those pro- component of our program and effort; it was an excellent hearing— grams, such as the Surface Transpor- achieves a fair and equitable method of and, too, acknowledging Senator tation Act—in essence, we double the distribution. Based on a percentage CHAFEE, the chairman of the full com- funds in that account. We double that, share of the Federal highway program, mittee, making that hearing in the and then we say to the States and the 37 States do better and 1 tied compared West a reality. So, again, it dem- local communities: Now, with that ad- to NEXTEA; 33 States do better than onstrates that all of us, while we may ditional funding, you make the deci- under the current law; 25 States higher, be coming at this from slightly dif- sions of where you think your prior- 6 the same compared to STEP 21. In ad- ferent views, are working together. ities are in your State, rather than dition, STARS 2000 addresses the That is important and significant. people back in Washington, DC, who donor/donee issue by creating a 95 per- With STARS 2000, I believe, as Sen- may never have been to your State de- cent minimum allocation to all States. ator THOMAS has pointed out, we are termining how it should be spent. That means all States will get at least going to restore the integrity of what a This is the national highway bill that 95 percent of what they put into the trust fund is: a trust fund. So the we are talking about. I want to under- highway trust fund. money that is gathered for that dedi- score national, because it is to apply to The STARS 2000 coalition will be a cated purpose ought to be used for that all 50 States. That is how we are going significant factor in the ISTEA reau- dedicated purpose. Doesn’t that sound to have good interstate commerce. The thorization debate. Without our coali- amazing that we would have to even administration says they understand tion, without our States, you cannot say that? But it is not happening. Cur- the needs of rural America. If they un- get there from here—physically or po- rently we only authorize about $18 bil- derstand the needs of rural America, I litically. STARS 2000 is more than a lion that are to be used on the national question why the administration’s pro- marker. It is a coalition of States that highway program. The full amount posed reauthorization of the highway are needed to make an interstate map that could be used, the maximum, is bill cuts funding to eight of the most to the 21st century. $27 billion. So this legislation by Sen- rural States in the country. Quite often, in my experience in the ator BAUCUS and Senator THOMAS and What is this question of rural and House, the highway money flows where myself would authorize the full $27 bil- urban? Let me give an example, if I the votes are. But that really does not lion to be used for the highways of this may, Mr. President. Here is the State work in a transportation program. You country, because that is why we have of Idaho. I would use as an example have to have one that covers the coun- been collecting this highway tax. highway 95 that runs, in essence, from try and is, indeed, a Federal program. It provides a fair distribution the Canadian border virtually down to The funding formulas under STARS throughout the United States, and it is the Nevada border, a little over 500 2000 are based on the transportation going to address the very key issues, miles. Again, the State of Idaho, popu- needs of the country. lation of 1 million people. Let us take STARS 2000 maintains the integrity such as extent and usage of the high- relatively the same distance, and let us of the original ISTEA. It improves it ways; the lane miles that are there; the go from right here, Washington, DC, by a smarter investment of taxpayers’ poor air quality in some regions of the and if we drive to Boston, it is 463 money. It meets our growing infra- country, some of the cities that are miles—about the same distance. So I structure needs. It increases job and having difficulty with poor air quality; am making it a good comparison. The economic growth and increases flexibil- the tax-exempt Federal lands, as have difference is, here you have one million ity and efficiency. We get more bang been referenced. In the State of Idaho for the buck. we are 67 percent federally owned. In people to support systems such as this. So we are emphasizing the National the State of Texas—I do not believe In this area, where you actually go Highway System, allowing more deci- there is any federally owned land in through seven States, not one State sions to be made closer to home, and I the State of Texas. So you can see we and the District of Columbia, you have certainly would submit to my fellow come at this from different perspec- virtually 43 million people as a tax Members of the Senate this is a bill tives. Low population density—Idaho is base to support that infrastructure. It that we can all support and will pro- the 13th State, as far as ranking in just shows you that in the less densely vide a better infrastructure for high- landmass, yet we rank 41st in popu- populated areas we do need to have as- way surface transportation. lation. So you can see there are not a sistance. Mr. President, I appreciate the time. lot of folks. Take the District of Co- Do you know there are trucking I thank Senators KEMPTHORNE and lumbia, for example, this city right firms that enter the State of Idaho at BAUCUS for their hard work on this leg- here around Capitol Hill. It has a little Eastport to go through customs? Then islation and look forward to working over one-half-million people. The State they immediately exit the State of with them in the future. of Idaho has 1 million people in the en- Idaho and they travel the Canadian I yield the floor. tire State, versus one-half-million in highways heading toward Seattle, for Mr. KEMPTHORNE. Mr. President, just this city. example, and then reenter the United may I commend my colleague from It also authorizes full funding for the States. Why do they do that? As one Wyoming, Senator THOMAS, for giving National Recreational Trails Act, $30 trucking company, Swift Transpor- an excellent view as to the bill that we million annually, something that had tation, testified at our hearing out in are submitting to Congress today, the been talked about and was to have oc- Idaho, they have 5,000 trucks that run Surface Transportation Authorization curred years ago. It has not done so. throughout the United States, but they and Streamlining Act, or STARS 2000. We are going to do right by that. said there are so many significantly I appreciate the fact that Senator We also know there is this issue of unsafe portions of, for example, high- THOMAS and Senator BAUCUS of Mon- the donor/donee States. Some States way 95, they do not allow their truck April 9, 1997 CONGRESSIONAL RECORD — SENATE S2915 drivers to go on highway 95 because of takes on a different meaning in the Mr. President, I am proud to cospon- safety considerations. They said that is West. For instance, a trip from Farm- sor this bill, and I commend my es- the only stretch of highway that they ington, NM, to Hobbs, NM, is 513 miles, teemed colleagues, Senators BAUCUS, really have that sort of restriction on and there are few options other than KEMPTHORNE, and THOMAS, for working anywhere in the United States. driving to make that tip. By contrast, diligently to assemble this legislation. Yet this is a national highway bill. It that same distance would take you I believe that STARS is a measure that is not the national and Canadian high- from Washington, DC, to Detroit, MI. will eventually lead to a better, more way bill. So we need to address this, STARTS 2000 also builds on the suc- efficient transportation system in our and that is what this does. But it is not cesses of ISTEA. For instance, the Sur- country and ultimately a stronger parochial. Certainly I am trying to face Transportation Program main- economy. look out for rural America, but I reit- tains Federal support for the bride re- erate, this legislation does better for 47 placement and rehabilitation program. By Mr. MURKOWSKI (for himself States than under the current program STARS 2000 also maintains support for and Mr. STEVENS): that is in existence today. Federal lands roads, a program that is S. 533. A bill to exempt persons en- So I believe we have something here vital to States in the West where a gaged in the fishing industry from cer- that is good for the country. It is going vast majority of our Nation’s Federal tain Federal antitrust laws; to the to put the faith back into what a trust lands are located. Forty percent of New Committee on the Judiciary. fund is supposed to be. It is going to Mexico, for example, is Federal land. THE FISHING INDUSTRY BARGAINING ACT give greater flexibility for those of us STARS 2000 eliminates the old system Mr. MURKOWSKI. Mr. President, on who believe in States rights, the 10th that penalizes a State for using Federal behalf of Senator STEVENS and myself, amendment; that folks in those 50 funds on roads located on Federal lands I am reintroducing the Fishing Indus- States can make just as good if not and Indian reservations. This is a step try Bargaining Act, a bill to allow better decisions than we do at the Fed- in the right direction and it is des- antitrust immunity for certain cooper- eral level. So it has so much to offer to perately needed in the West. I am con- ative activities involving domestic cerned that STARS proposes only level so many. fishermen and processors. Again, I am proud to be part of this, funding for the Indian reservation road This bill will allow collective agree- program. Although I am supporting S. ment between fishermen and proc- and I thank Senator THOMAS and Sen- 437, the American Indian Transpor- essors. It is patterned after legislation ator BAUCUS for their efforts in this partnership. tation Improvement Act, I will con- adopted by the Alaska State Legisla- Mr. BINGAMAN. Mr. President, I rise tinue to try to increase funding for ture, but which requires congressional to speak briefly about the Surface roads and bridges on Indian reserva- action to fully take effect. Transportation Authorization and Reg- tions. Under existing law, fishermen are STARS 2000 also includes a program able to form associations for the pur- ulatory Streamlining Act. As I do, Mr. that addresses congestion management pose of collective bargaining with indi- President, I want to emphasize my be- and air quality. I am concerned, how- vidual processors. This bill will allow lief that the Intermodal Surface Trans- ever, with the degree to which re- them to work with similar associations portation Efficiency Act [ISTEA], has sources for this activity have been cut of processors to establish first-whole- in large part been a great success for and the fact that it is eliminated as a sale purchase prices—that is, the prices our Nation. ISTEA has been a revolu- separate category within STARS. paid to the processors for fish products, tionary effort to distribute transpor- CMAQ has been a significant reason and ex-vessel prices paid to the fisher- tation funding to assist States in cities like Albuquerque have attained men. major highway, bridge, environmental, and are maintaining clear air stand- This is intended to counter the fact research, and safety projects. After 6 ards, and I hope we will find ways to that prices currently are all too often years, however, we have learned that keep this program working. set by first-wholesale buyers rather there are areas of ISTEA in which we Additionally, STARS 2000 addresses than producers. As a result, processors can make significant improvement. the need to maintain our Nation’s cur- forced to accept a price set by their STARS 2000 is the best mechanism so rent system of roads and bridges. Un- buyers are in turn forced to set ex-ves- far by which we can do that. less the current system is sufficiently sel prices based on the buyers’ offer, I am cosponsoring STARS 2000 be- maintained, we will inevitably have to rather than prices that respond fully to cause it reemphasizes the national in- spend many more dollars to rebuild the other market forces. terest in a national transportation sys- system, something we can ill-afford. In I want to make it clear that this bill tem. Mr. President, each State is a New Mexico, like most other States, in no way would allow processors to as- vital part of the national system; with- maintenance costs overwhelm the sociate solely amongst themselves to out one part the whole system fails. State’s total highway budget. To its set either ex-vessel or wholesale prices. The highway system in New Mexico for credit, New Mexico applies much of its That is the kind of activity our current instance, serves not just its resident highway funding to maintenance. Nev- antitrust law is primarily designed to and industrial traffic needs, but its ertheless, if the entire New Mexico prevent, and this bill will leave that highways also serve as a vital link for road budget were applied to mainte- unchanged. Processors would continue commerce between the Pacific coast nance alone, only 7,500 of the State’s to be prohibited from agreeing on and the eastern seaboard, and between 11,600 miles of highways could be ade- prices unless fishermen participated in Mexico and Canada. The system of quately maintained. As many as 5,800 and were party to any agreement. highways crossing New Mexico is also miles of New Mexico’s roads have dete- What the bill will accomplish is to crucial for the movement of manpower, riorated to the point that they must be strengthen the position of the United equipment, and supplies in support of replaced at a cost of $1.15 million per States seafood industry generally— our Nation’s defense. STARS 2000 offers mile. As a result, New Mexico, like fishermen and processors together. In a balanced, sensible approach so that most other States in the West, is un- this, it would apply to fishermen and all the States continue to play a able to fund other critical transpor- fish processors in all parts of the coun- central role to the overriding national tation objects. try, not just in Alaska. goals. As we continue to recommit our- We look forward to a hearing which Just as importantly, STARS 2000 ef- selves to maintaining and improving will air the views of the Alaska fishing fectively addresses the unique char- our Nation’s transportation system, let industry and the fishing industry in acter of western, rural States and their me say that it is also incumbent upon other parts of the country, and urge importance to our national system of the individual States to share in this prompt action by this Congress. highway. New Mexico, for example, has ever-increasing responsibility. Clearly, Mr. President, I ask unanimous con- only six-tenths of 1 percent of the total there is a strong national transpor- sent that the text of the bill be printed U.S. population. However, it must tation interest, but the States must in the RECORD. maintain 2 percent, 3,000 miles, of the recognize its own obligations. We are There being no objection, the bill was National Highway System. Many peo- doing our part at the Federal level, and ordered to be printed in the RECORD, as ple do not realize that road travel States must do the same. follows: S2916 CONGRESSIONAL RECORD — SENATE April 9, 1997 S. 533 cause over 10,000 unintentional ‘‘(34) The term ‘locking device’ means— Be it enacted by the Senate and House of Rep- shootings each year in which 800 people ‘‘(A) a device that, if installed on a firearm resentatives of the United States of America in die. and secured by means of a key or a mechani- Congress assembled, This violence is not limited to the cally-, electronically-, or electromechani- SECTION 1. SHORT TITLE. cally-operated combination lock, prevents home. The Connecticut Department of the firearm from being discharged without This Act may be cited as the ‘‘Fishing In- Health recently completed a survey of dustry Bargaining Act’’. first deactivating or removing the device by 12,000 Connecticut teenagers called the means of a key or mechanically-, electroni- SEC. 2. EXEMPTION FROM FEDERAL ANTITRUST Voice of Connecticut Youth. More than cally-, or electromechanically-operated com- LAWS. bination lock; or (a) The Act of June 25, 1934 (48 Stat. 1213 one-third of boys in 9th and 11th grades ‘‘(B) a locking mechanism incorporated and 1214, chapter 742; 15 U.S.C. 521 and 522) is said they either had a gun or could get into the design of a firearm that prevents amended— one in less than a day. When you con- discharge of the firearm by any person who (1) in section 2, by striking ‘‘If the Sec- sider intentional and unintentional does not have access to the key or other de- retary’’ and inserting ‘‘Subject to section 3, shootings, 16 children are killed with vice designed to unlock the mechanism and if the Secretary’’; and firearms every day in this country. thereby allow discharge of the firearm.’’. (2) by adding at the end the following new We must put an end to the tragedy of (b) UNLAWFUL ACTS.—Section 922 of title section: gun violence. We need to take steps to 18, United States Code, is amended by insert- ‘‘SEC. 3. PRICING. ensure that gun owners are storing ing after subsection (x) the following: ‘‘(a) IN GENERAL.—For purposes of section their guns safely—unloaded, locked, ‘‘(y) LOCKING DEVICES AND WARNINGS.— 2, a price paid pursuant to a collective agree- ‘‘(1) IN GENERAL.—Except as provided in ment entered into under subsection (b) shall and out of the reach of children. That is why I am cosponsoring Senator paragraph (2), beginning 90 days after the not constitute a monopolization or restraint date of enactment of the Handgun Safety of trade in interstate or foreign commerce. KOHL’s legislation, S. 428, which re- Act of 1997, it shall be unlawful for any li- ‘‘(b) COLLECTIVE AGREEMENT.—Persons de- quires licensed manufacturers, import- censed manufacturer, licensed importer, or scribed in the first undesignated paragraph ers, and dealers to sell handguns with a licensed dealer to sell, deliver, or transfer of section 1, acting through one or more as- child safety or locking device. The bill any handgun— sociations described in that section, may also requires a warning that the im- ‘‘(A) to any person other than a licensed enter into a collective agreement with fish proper locking or storage of a handgun manufacturer, licensed importer, or licensed processors, including fish processors acting dealer, unless the transferee is provided with though an association of fish processors, may result in civil or criminal pen- alties. a locking device for that handgun; or that establishes— ‘‘(B) to any person, unless the handgun is ‘‘(1) the price to be paid to those persons Today I am also introducing a sepa- accompanied by the following warning, by fish processors for an aquatic product; rate measure that would simply add which shall appear in conspicuous and leg- and another section to Senator KOHL’s bill. ible type in capital letters, and which shall ‘‘(2) the minimum price that a fish proc- The section would authorize the Na- be printed on a label affixed to the gun and essor may accept for the sale of an aquatic tional Institute of Justice to conduct a on a separate sheet of paper included within product. study on possible standards for gun the packaging enclosing the handgun: ‘‘(c) RULES OF CONSTRUCTION.— ‘‘ ‘THE USE OF A LOCKING DEVICE OR ‘‘(1) IN GENERAL.—Nothing in this section locks. As we move to have greater use of gun locks, we ought to make sure SAFETY LOCK IS ONLY ONE ASPECT OF is intended to permit fish processors to col- RESPONSIBLE FIREARM STORAGE. FIRE- lectively agree with other fish processors on that those locks are high quality. ARMS SHOULD BE STORED UNLOADED a price referred to in subsection (b)(1) with- These small steps forward could save AND LOCKED IN A LOCATION THAT IS out entering into an agreement under sub- thousands of lives. They will not affect BOTH SEPARATE FROM THEIR AMMUNI- section (b). responsible gun owners who are already TION AND INACCESSIBLE TO CHILDREN. ‘‘(2) FEDERAL ANTITRUST LAWS.—The estab- doing the right thing, but they will re- lishment and implementation of a collective ‘FAILURE TO PROPERLY LOCK AND agreement under subsection (b) shall not be mind careless gun owners of the need STORE YOUR FIREARM MAY RESULT IN construed to be a violation of any of the Fed- for increased safety. CIVIL OR CRIMINAL LIABILITY UNDER eral antitrust laws, including— My home State of Connecticut is out STATE LAW. IN ADDITION, FEDERAL ‘‘(A) the Act of July 2, 1890, commonly in front on this issue. One of our State LAW PROHIBITS THE POSSESSION OF A known as the ‘Sherman Act’ (26 Stat. 209 et laws requires locks on handguns, an- HANDGUN BY A MINOR IN MOST CIR- CUMSTANCES.’ seq., chapter 647; 15 U.S.C. 1 et seq.); other State law requires that guns be ‘‘(B) the Act of October 15, 1914, commonly ‘‘(2) EXCEPTIONS.—Paragraph (1) does not stored away from children. But one apply to— known as the ‘Clayton Act’ (38 Stat. 730 et State can only do so much. A gun seq., chapter 323; 25 U.S.C. 12 et seq.); ‘‘(A) the— ‘‘(C) the Federal Trade Commission Act (15 bought outside our State can become ‘‘(i) manufacture for, transfer to, or posses- U.S.C. 41 et seq.); and an instrument of tragedy within our sion by, the United States or a State or a de- ‘‘(D) the Act of June 19, 1936, commonly State. And we also need to make kids partment or agency of the United States, or known as the ‘Robinson-Patman Anti- across the Nation safer. In many ways, a State or a department, agency, or political discrimination Act’ (49 Stat. 1526 et seq., this issue is simple—if we require safe- subdivision of a State, of a handgun; or ‘‘(iii) the transfer to, or possession by, a chapter 592; 15 U.S.C. 13, 13a, 13b, 13c, and ty caps on medicine to protect kids, we 21a).’’. law enforcement officer employed by an en- should clearly require safety locks on tity referred to in clause (i) of a handgun for By Mr. DODD: guns. law enforcement purposes (whether on or off- S. 534. A bill to amend chapter 44 of I urge my colleagues to join with me duty); or title 18, United States Code, to improve and Senator KOHL in support of these ‘‘(B) the transfer to, or possession by, a rail gun safety measures. police officer employed by a rail carrier and the safety of handguns; to the Commit- certified or commissioned as a police officer tee on the Judiciary. Mr. President, I ask unanimous con- sent that a copy of my bill, the Hand- under the laws of a State of a handgun for HANDGUN SAFETY ACT OF 1997 gun Safety Act of 1997, be printed in purposes of law enforcement (whether on or Mr. DODD. Mr. President, I rise to off-duty).’’. the RECORD. (c) CIVIL PENALTIES.—Section 924 of title speak on the need for increased atten- There being no objection, the bill was tion to gun safety. Increasingly, chil- 18, United States Code, is amended— ordered to be printed in the RECORD, as (1) in subsection (a)(1), by striking ‘‘or (f)’’ dren are gaining access to loaded and follows: and inserting ‘‘(f), or (p)’’; and unlocked guns with fatal consequences. S. 534 (2) by adding at the end the following: Recently, an 8-year-old girl in Bridge- ‘‘(p) PENALTIES RELATING TO LOCKING DE- Be it enacted by the Senate and House of Rep- port, CT, took a gun that was left be- VICES AND WARNINGS.— resentatives of the United States of America in ‘‘(1) IN GENERAL.— hind a couch and shot and killed her 10- Congress assembled, year-old sister. ‘‘(A) SUSPENSION OR REVOCATION OF LI- SECTION 1. SHORT TITLE. CENSE; CIVIL PENALTIES.—With respect to These tragedies happen far too fre- This Act may be cited as the ‘‘Handgun quently. A report from the Centers for each violation of subparagraph (A) or (B) of Safety Act of 1997’’. section 922(y)(1) by a licensee, the Secretary Disease Control and Prevention notes SEC. 2. HANDGUN SAFETY. may, after notice and opportunity for hear- that nearly 1.2 million latch-key chil- (a) DEFINITION OF LOCKING DEVICE.—Sec- ing— dren have access to loaded and un- tion 921(a) of title 18, United States Code, is ‘‘(i) suspend or revoke any license issued to locked firearms each day. Children amended by adding at the end the following: the licensee under this chapter; or April 9, 1997 CONGRESSIONAL RECORD — SENATE S2917 ‘‘(ii) subject the licensee to a civil penalty membered most for his warmth, com- disseminating information for public in an amount equal to not more than $10,000. passion, integrity, and his wit. He was use. ‘‘(B) REVIEW.—An action of the Secretary a champion of civil rights, political re- In addition, this bill will create a na- under this paragraph may be reviewed only form, and a protector of the environ- tional Parkinson’s Disease Information as provided in section 923(f). ment. In 1980, Congressman Mo Udall ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus- Clearinghouse to gather and store per- pension or revocation of a license or the im- was diagnosed with Parkinson’s disease tinent data on Parkinson’s patients position of a civil penalty under paragraph and he began his valiant battle against and their families. This collected data (1) does not preclude any administrative this disastrous disease. Mo was forced will facilitate and enhance knowledge remedy that is otherwise available to the to resign from Congress in 1991, his ex- and understanding of Parkinson’s dis- Secretary.’’. emplary career prematurely ended by ease. SEC. 3. STUDY ON STANDARDS FOR LOCKING DE- Parkinson’s. This bill will establish a Morris K. VICES. I was fortunate enough to have not Udall Excellence Award to recognize Not later than 1 year after the date of en- only worked with Mo Udall as a Rep- actment of this Act, the National Institute publicly the investigators with a prov- of Justice shall— resentative from Arizona, but to have en record of excellence and innovation (1) conduct a study to determine the fea- Mo as a mentor and a close, personal in Parkinson’s research and whose sibility of developing minimum quality friend. Mo’s stewardship and integrity work has demonstrated significant po- standards for locking devices (as that term is would not allow him to become in- tential for the diagnosis or treatment defined in section 921(a) of title 18, United volved in partisan politics. When I ar- of the disease. States Code (as amended by this Act)); and rived in Washington, DC, as a freshman I am heartened by the tremendous (2) submit to the Attorney General of the Congressman from Arizona, Mo reached progress scientists are making in Par- United States and the Secretary of the across the aisle, took me under his Treasury a report, which shall include the kinson’s research. There is significant results of the study under paragraph (1) and wing and provided me with guidance, scientific evidence indicating that any recommendations for legislative or regu- leadership, humor, and, most impor- there is very strong potential for major latory action. tantly, friendship. I can never begin to breakthroughs in the cause and treat- adequately thank Mo for all that he ment of Parkinson’s in this decade. Ac- By Mr. MCCAIN (for himself, Mr. provided me and his profound impact cording to a wide array of experts, we WELLSTONE, Mr. GLENN, Mr. on my early years as a Member of Con- are on the verge of substantial, ground- COCHRAN, Mr. BURNS, Mr. MOY- gress. In some way, I hope that my ef- breaking scientific discoveries regard- NIHAN, Mr. HARKIN, Mr. DODD, forts on his behalf and the millions of ing the cause and potential cure of Par- Mr. LEAHY, Mr. BOND, Mr. others with Parkinson’s can be a token kinson’s disease. We need to seize this BINGAMAN, Mr. CAMPBELL, Mr. of appreciation for all that Mo has rare opportunity to discover the cause, MACK, Mr. TORRICELLI, Mr. given me and our country. treatment, and a potential cure for one GRASSLEY, Mr. INOUYE, Mr. Personally, I have witnessed the dev- of the Nation’s most disabling diseases. HOLLINGS, Mr. ROBB, Mr. DUR- astating effects and personal tolls It is imperative that we give our sci- BIN, Mrs. BOXER, Mr. BRYAN, which Parkinson’s disease has on its entific researchers the necessary fund- Mr. DASCHLE, Mr. FORD, Mr. victims, as I have watched this horrible ing and support to combat this and D’AMATO, Mr. REID, Mr. LAU- disease wreck havoc on my dear friend, other neurological diseases, and to im- TENBERG, Ms. MIKULSKI, Mr. Mo. I have watched Mo, his family, and prove the lives of many Americans. FAIRCLOTH, Mr. LEVIN, Ms. COL- friends wage a daily battle against this This is why we must enact the Morris LINS, Mr. KERRY, Mrs. MURRAY, painful disease. Every day, Mo and mil- K. Udall Parkinson’s Research and Mr. REED, Mr. KENNEDY, Mr. lions like him throughout the country Education Act of 1997. We can’t allow SANTORUM, Mrs. FEINSTEIN, and face a disease which is physically crip- this opportunity to make significant Mr. ROCKEFELLER): pling and financially devastating. I can progress in the area of Parkinson’s re- S. 535. A bill to amend the Public truly empathize with the fear and frus- search slip away because of a lack of Health Service Act to provide for the tration that Mo and others like him support for our Nation’s scientific re- establishment of a program for re- must be feeling as they become pris- searchers. search and training with respect to oners within their own bodies, clinging Finally, I would like to thank the Parkinson’s disease; to the Committee to the hope that a scientific break- hundreds of individuals who have writ- on Labor and Human Resources. through may soon be discovered and ten or called my office in support of THE MORRIS K. UDALL PARKINSON’S RESEARCH they will be liberated from their per- this measure. These individuals are AND EDUCATION ACT OF 1997 sonal prison. committed to seeing this legislation Mr. MCCAIN. Mr. President, today, I The Morris K. Udall Parkinson’s Re- enacted this year and are hopeful that proudly reintroduce the Morris K. search and Education Act provides the Parkinson’s research will finally re- Udall Parkinson’s Research and Edu- hope Mo and millions like him are ceive a fair and justifiable investment cation Act of 1997. This legislation ad- looking for. This bill will help us make from the Federal Government. dresses the importance of Parkinson’s significant scientific progress by in- I ask unanimous consent that a small research by authorizing $1 million for creasing the Federal Government’s fi- sampling of the many letters I have re- Parkinson’s research. nancial investment in Parkinson’s re- ceived in support of the Morris K. Udall Approximately 1 million people in search for fiscal year 1998 by authoriz- Parkinson’s bill from actual Parkin- this country are afflicted with Parkin- ing $1 million. son’s patients, family, and friends of An important component of this leg- son’s disease. Parkinson’s disease is a Parkinson’s patients, advocate groups, islation will be the establishment of up debilitating, degenerative disease scientists, and physicians be included which is caused when nerve centers in to 10 Morris K. Udall Centers for Re- in the RECORD. search on Parkinson’s Disease through- an individual’s brain lose their ability There being no objection, the letters out the Nation. These centers will be to regulate body movements. People were ordered to be printed in the afflicted by this disease experience responsible for conducting basic and RECORD, as follows: tremors, loss of balance and repeated clinical research in addition to deliver- PHOENIX, AZ, April 1, 1997. falls, loss of memory, confusion, and ing care to Parkinson’s patients. Unit- Hon. JOHN MCCAIN, depression. Ultimately, this disease re- ing these three areas will assure that U.S. Senate, sults in total incapacity for an individ- research developments will be coordi- Washington, DC. ual including the inability to speak. nated and the care delivered to pa- DEAR SENATOR MCCAIN: My friend Richard This disease knows no boundaries, does tients will be effective, high quality and I first met in the lobby of St. Joseph’s not discriminate, and strikes without services based upon the most recent re- Hospital Barrows Neurological Institute in search developments. The Morris K. Phoenix Arizona. I was in my late thirties, warning. he was in his early fifties, we had both been This important piece of legislation Udall Centers will be structural in a diagnosed with Young-Onset-Parkinsons Dis- honors Mo Udall, a dear friend of mine manner which allows them to become a ease. We were both afraid. who served as a dedicated Congressman source for developing teaching pro- We became friends as we vowed to fight from Arizona for 30 years. Mo is re- grams for health care professionals and this disease which was trying to imprison us S2918 CONGRESSIONAL RECORD — SENATE April 9, 1997 in our own bodies. We had just learned about takes away the very fiber of who you are, going to be reintroduced in the Senate next the ‘‘Udall Bill.’’ We had just learned that what you might be and what you might do month. As you remember the Udall Bill scientists promised a cure within three to for society your family and yourself. At the passed the Senate but stalled in the House in five years if they received sufficient funding. age of 52 I can no longer be counted on to 1996. May I take a minute of your time to ex- The ‘‘Udall bill’’ could make that happen. We perform even the basic duties of life for my- plain why the Udall Bill is so important to saw the promise of a miracle. self. Wheelchairs, walkers, hospital beds me? We talked about it in depth. We knew we combined with hundreds of dollars of medi- My wife Frances, now 57, was diagnosed had been marked for a slow death and we cine each month are what I count on for mo- with Parkinson’s Disease nine years ago. She shared with each other how we feared for our bility. While my husband and family and our is a clinical psychologist and Jungian ana- families. I raised my three children as a sin- support group have been my heroes through lyst who still manages to work, but most gle parent, and my kids were struggling these 22 years, their resources are exhausted. people stricken with Parkinson’s are not so under the weight that my illness had The Udall bill gives us all the hope that we lucky. Unfortunately 40% of the newly diag- brought us. Richards’ wife had just told him need to combat this lousy disease one day at nosed cases are people under 60 years of that she couldn’t stand living with him as he a time until a cure if found. age—this disease of the elderly is hitting slowly became a freak to observers and she Again, thank you for your support for this middle aged people with disastrous results. couldn’t stand the strain having to care for disease which has been so neglected for so The disease is incurable and progressive forc- him through the pain and slow death. So she long. In 1817 James Parkinson wrote his ing doctors, lawyers, professors, business left him. He felt it wasn’t her fault. paper describing the most prevalent symp- people, teachers and artists to give up pro- ductive lives. I have seen the devastation of We knew the enemy. The worst thing of toms of this disease. This work 180 years families and careers first hand among the this disease was it’s slow tortuous progres- later is still used today to describe in dis- many Parkinson’s patients I have met. And sion. We preferred death rather than the ease. Let 1997 be the year that we change all I have also seen unbelievable courage, intel- years of Hell we were facing. But it was not that. Let it be the year we raise the con- ligence and absolute brilliance as people try a choice. With the Udall bill, we might make sciousness of all Americans about the devas- to find a way to live with the disease. it. We still had the will to fight. We grasped tation caused by PD and neurological dis- Without further research there is no hope at hope. We hoped that we could stand the orders. Let this decade of the brain unravel to cure the disease. The current medications side effects of our medication and hold out the mysteries of neurological disorders and mask the symptoms and that is all. The until the bill was passed. Once it did, we let our leaders in Washington pave the way present national research effort is a joke. knew it would take three years for signifi- for the cure. There is no unified research agenda and the cant improvement in care—but we grasped at Do it for Mo, and do it for me. Thanks for 30 million dollars allotted to the disease the hope. We dedicated the only functioning listening. This letter was typed by my hus- (compared 217 million dollars for Alzheimer’s time we thought we might have left to get- band Bob. and one and a half billion dollars for AIDS) ting the bill passed. Original signed by, is not nearly enough. There is terrific re- We wrote letters, we visited our represent- NANCY MARTONE. search potential but no money. The Udall atives, we put up flyers, we scrimped and Parkinson’s Research and Education Bill saved to mail letters to friends and to travel MANLIUS, NY, April 1, 1997. will provide the coordination, the research to other states to tell them about the bill, Hon. JOHN MCCAIN, agenda, and the money. Please help us by co- but Richard’s disease progressed very quick- U.S. Senate, sponsoring the bill, or if you cannot cospon- ly. Within a year he had to have an attend- Washington, DC. sor it, could you at least vote for it? We des- ant at home to feed him, bathe him, dress DEAR SENATOR MCCAIN: Thank you for perately need your help! him. Then he had to go to a nursing home. your support and leadership on behalf of peo- I would very much like to talk with you He was barely able to whisper, unable to ple with Parkinson’s Disease. about the Bill if you have any questions (510– walk, unable to sit up without being tied to At the age of forty-nine I was stricken 527–0966 or [email protected]). his chair—his head hung over and his eyes with Parkinson’s Disease. I managed to con- Thanks so much for your help. reflected his suffering—He was fully aware of tinue working till I retired last year at the STEPHEN TOBRINER, what was happening every minute of his tor- age of fifty-six. I was earning about Professor of Architectural History, ture. $165,000.00 per year as a trial attorney. University of California, Berkeley. I continued my advocacy efforts, including My disability and those with early onset of three trips from Arizona to Washington DC the disease place a heavy financial burden on ORINDA, CA, March 29, 1996. to try to help our Representatives to under- the Government and the private sector. I am Hon. JOHN MCCAIN, stand why they should pass the bill. And I applying for Social Security Disability plus U.S. Senate, would go to the nursing home and report to private disability plans. My medical costs Washington, DC. Richard. Last year we came very close, but are $18,000.00 plus per year and in two years DEAR SENATOR MCCAIN: Thank you for we didn’t make it. I told Richard and his face my medical costs will be another burden on agreeing to introduce the Morris K. Udall and neck were wet with tears as I told him the Social Security trust funds. I estimate Parkinson’s Research and Education Act to to try to just ‘hang in there’ one more year. that the cost of my illness to society will ex- the House. I am grateful for your efforts on I had told him that the year before. We both ceed $1,100,000 if I live to age sixty-seven behalf of this bill. cried. We were afraid. We were alone. Rich- when I would normally retire. My closest friend, Frances Tobriner, was ard whispered that he knew he’d never hold I also notice on the internet that Parkin- diagnosed with Parkinson’s Disease when she his grandchildren, but he’d not go down son’s Disease is striking younger and young- was 46 years old. She is now 57 years old and without knowing we’d ‘‘kick Parkinsons in er people and that the mean age of diagnosis is courageously managing to work as a psy- the ass’’ first. Richard died of Parkinsons is now fifty-seven years old. If this trend chologist. I have learned that this disease is Disease last month. continues, more people will be receiving So- not limited to the elderly. Young, talented I’m 44 years now, I have difficulty walking cial Security Trust Funds at an early age people are vulnerable. There is no cure for short distances and my strength struggles and fewer people than expected making con- this disease and those of us who are able bod- for me to sit up. Although my medication’s tributions. ied bear helpless witness to the progressive losing effectiveness and side effects don’t As I attend support group meetings, I see deterioration of those we care about. cease, I’m still here. Still holding on. With many people drained of energy, strength and There are many research possibilities that your help, I will see the passage of the who are unable to articulate their plight. await funding. I believe that the advances in ‘‘Udall bill for Parkinsons’’. Scientists and researchers express the possi- research will help not only the many victims Thank you for doing all that you are, to bility of new medicines and a cure if more of Parkinson’s disease, but other neuro- help us ‘‘kick Parkinsons in the ass’’. research dollars are invested as proposed by logical ailments as well. To date there is no MARYHELEN DAVILA. the Parkinson’s Bill. Let’s apply more re- unified research agenda and the relatively search funds to keep people with Parkinson’s small amount of money is not enough. The KINGWOOD, TX, April 8, 1997. Disease working longer and leading a Udall Parkinson’s Research and Education Hon. JOHN MCCAIN, healthier life. Act will help enormously. U.S. Senate, For those who no longer speak for them- Thank you for your efforts. Know that you Washington, DC. selves and myself, I wish to thank you for have support among constituents. DEAR SENATOR MCCAIN: Thank you so your support. Sincerely yours, much for your support and concern for the Very truly yours, SUE N. ELKIND, PH.D. Parkinson’s disease community. I have suf- A. DALE SEVERANCE. fered with PD for 22 years. My hopes for a MERRIAM, KS, April 3, 1997. cure have been raised and dashed on several BERKELEY, CA, March 20, 1997. Re Morris K. Udall Parkinson’s Research, occasions. Without adequate funding PD will Hon. JOHN MCCAIN, Assistance, and Education Act of 1997. dash the hopes of millions of American as U.S. Senate, Hon. JOHN MCCAIN the baby boomer generation approaches the Washington, DC. U.S. Senate, age when PD typically strikes. DEAR SENATOR MCCAIN: I am writing to Washington, DC Unless you experience if you can’t know you regarding the Morris K. Udall Parkin- DEAR SENATOR MCCAIN: This is to thank how awful this disease is. Day after day it son’s Research and Education Bill which is you and Sen. Paul Wellstone for taking the April 9, 1997 CONGRESSIONAL RECORD — SENATE S2919 lead in reintroducing the Udall bill in the RUSH-PRESBYTERIAN-ST. LUKE’S Neuropharmacology Research Labora- 105th Congress, as well as the many other MEDICAL CENTER, RUSH UNIVER- tories). Senators who are already supporting the bill. SITY—DEPARTMENT OF NEURO- LOGICAL SCIENCES, CENTER FOR REDWOOD CITY, CA A stepped-up effort in research and coordi- BRAIN REPAIR, April 3, 1997. nation of that research means added hope for Chicago, IL, April 2, 1997. Hon. JOHN MCCAIN, me and my family that a possible cure may Hon. JOHN MCCAIN, U.S. Senate, be found in time to help me. You see, I was U.S. Senate, Washington, DC. diagnosed with Parkinson’s Disease at the Washington, DC. DEAR SENATOR MCCAIN: I am so grateful age of 44, nearly 13 years ago. It was only DEAR SENATOR MCCAIN: I was very pleased that you are sponsoring the Udall Bill. I pray two years after my marriage to my wonder- to hear that you have re-introduced the that it will pass. We (I am a member of the ful husband, who has stood by me ‘‘in sick- Udall Bill. As a researcher of Parkinson’s Parkinsn (sic) Listserv) have been asked to ness’’ much sooner than we ever imagined. I disease for 25 years, I can assure you that the catalog our symptoms for you, so here goes: managed to follow through on a long-term bill is timely and that the money will be well I was diagnosed with Parkinson’s 6 years ago project, as President of a Kansas City group spent if the bill is passed. I have witnessed after progressive weird symptoms which I did not realize were significant, such as loss which established a 100,000-watt FM commu- the revolution in this field from the early years of levodopa through the discovery of of ability to wash my hair with my left hand, nity radio station in 1988 after 11 years of ef- the neurotoxin MPTP, the implantation of difficulty shuffling and holding cards when I fort. I kept up with the station and other adrenal tissue and now pallidotomy and neu- play bridge, a couple of episodes of feeling community interests and part-time teaching ral grafting. They have been exciting and like I was walking underwater, it was so pretty much full force until 1990, but since productive times and quite frankly, it has hard to move; I was diagnosed immediately then I have had to cut back more and more. just plain been fun doing the work and actu- when seen by a neurologist and put on medi- You can’t imagine how grateful I am for ac- ally seeing it impact the lives of our pa- cation which gave me strange twisting mo- cess to the internet (my husband’s idea) tients. tions of one of my feet. We lowered the dos- which re-established my ability to connect Currently, my laboratory is working on age. The dyskinesia went away, but the med- to the world. the mechanisms responsible for the icine supposedly has a tapering off of effec- neuroprotection that appears to be occurring tiveness. So far, it works. I can once again My husband who is a community college with the drug pramipexole. Although the wash my hair with my left hand thanks to teacher of 29 years has had to take on domes- drug itself appears to offer the PHD patient the medicine. My illness is progressing, not tic duties I once did. His daughter, 4 when we a new and very effective addition to the too fast, but the changes I’ve had to make married, never remembers when I was a nor- antiparkinson arsenal, the more interesting are accumulating: walk one mile instead of mal, active person. And my aging parents aspect of our research is that the drug ap- three, cut back on activities (dropped out of help drive me to the doctors, as my right pears to be turning on the production of a a bridge group, buy instead of make pies, side is too weak most of the time to allow new trophic molecule that has the potential etc., don’t crochet or paint—doesn’t seem me to push the gas pedal. to reverse the neurodegenerative process. We worth the effort) great difficulty in doing up are currently trying to isolate this protein This disease CAN go the way of polio, tu- buttons, loss of strength, tire easily, not able so that it can be tested. Our lab has also re- to ‘write’ legibly, nor be heard by most peo- berculosis, small pox and others—GONE. cently discovered important signals that in- Maybe not for me, but surely for the thou- ple when I speak (young people can usually fluence the development of DA neurons hear me), have difficulty standing up from sands of millions who don’t yet know they (which die in PD). We can now take so-called chairs, usually can’t taste or smell, though I are at risk for it. progenitor cells and convert them into DA can now and then which makes me impatient Sincerely, cells from grafting. If we are successful at for THE CURE, knowing that all is appar- BARBARA BLAKE-KREBS. doing this in human cells, we would be able ently not lost, just somehow not available. I to provide the world with adequate tissue for am terribly worried about inability to get EAST BRUNSWICK, NJ, March 31, 1997. grafting on demand and thereby totally by- long term care health insurance. Nobody will Hon. JOHN MCCAIN, pass the abortion issue since cells from only take me and I dread the effect on my hus- U.S. Senate, one abortion could be expanded in the lab to band if he has to spend everything to take Washington, DC. serve the needs of all transplant centers. Fi- care of me. I am blessed with a wonderful, nally, we are also trying to determine in hu- caring husband, who never complains about DEAR SENATOR MCCAIN: Thank you for in- mans the cause for levodopa induced halluci- my increasing dependency on him. troducing the Morris Udall Bill for Parkin- nations. We know nothing about this phe- Bless you for what you have given your son’s Disease Research. I will make a special nomenon except that it is the number one country. trip to Washington on April 9, 1997 to be cause for patients being placed in nursing Sincerely, present at your introduction. homes and once PD patients enter a nursing MRS. ELIZABETH SOUTHWOOD. In 1946 my grandfather, Benjamin Miller, home they generally die there. As you will hopefully recognize, my labora- died of complications from bedsores and in- THE PARKINSON’S INSTITUTE, tory is very vested in the treatment and fection as a result of Parkinson’s Disease. He Sunnyvale, CA, April 7, 1997. management of PD. Our approach to this dis- was forced to live with uncontrollable trem- Hon. JOHN MCCAIN, ease is, we feel, novel and appropriate to the U.S. Senate, ors, locked rigid muscles, loss of all motor current status of knowledge in this field. We Washington, DC function and eventually the total incapacity are not restricted by ideas. We are restricted DEAR SENATOR MCCAIN: Thank you for to care for himself. The last 10 years of his by lack of funds. I am not at all reluctant to your unflagging support of the Udall Parkin- life he was in a totally rigid state and to- ask the government for money for research. son’s Research bill. I am writing today to ex- ward the end he could only move his eyes. Having been in this business as long as I plain why this bill is so important to me, to Contrary to our religious law, my mother have, I have come to recognize that we in my colleagues in research and clinical care, agreed to allow his body to be used for re- science actually spend our research dollars and to the patients and families who suffer search believing that the help it might pro- in a frugal and effective manner. We have so from Parkinson’s disease and other move- vide others would more than make up for little of it we have to make it last and work ment disorders. this breach of tradition. She often said that effectively. I can therefore assure you that I have been a practicing neurologist for because of her decision, her father played a this will not be a ‘‘pork’’ project but will ac- more than 25 years and have specialized in part in the development and refinement of L- tually result in the desired and intended ef- Parkinson’s disease care and research for the dopa. fects. I therefore thank you for your efforts last 15 years. As a scientist in close touch to increase funding for my field. Even with the international research community As fate would have it, my brother is now though I don’t necessarily agree with the no- in the field of neurodegenerative diseases, I diagnosed with Parkinson’s and while his tion of legislative earmarking for research see tremendous potential in a dozen sci- lifestyle is somewhat better than it might dollars, PD is a disease where throwing ade- entific directions for finding a cure for Par- have been 50 years ago, his hideous fate is quate funding at it will have a tremendous kinson’s disease within the next decade. sealed unless the research continues until a impact and likely reduce health care costs That is not a statement I make lightly, nor definitive cure has been found. dramatically. is it a statement that can be applied across Through your foresight to introduce the If I can ever be of any help to you in your the board to the diseases of aging. Instead, it efforts to make this bill a reality or if you Udall Bill in the 105th congress there is great is based on a careful assessment of the tech- simply need background information, please potential for a breakthrough in Parkinson’s nologies that are open now and to the new feel free to contact me. Again, thanks for technologies opening daily to the scientists disease treatment and ultimately the discov- your help. who specialize in movement disorders. ery of a cure. Sincerely, As a physician who sees only patients with Thank you again. PAUL M. CARVEY, PH.D. Parkinson’s disease and related movement Sincerely, (Associate Professor of Neurological disorders—some of which are even more dev- MRS. BARBARA SCHIRLOFF. Sciences and Pharmacology Director, astating—I realize that every patient I see is S2920 CONGRESSIONAL RECORD — SENATE April 9, 1997 under a kind of death watch. Their disease is of Arizona have worked hard to educate Ari- S. 536. A bill to amend the National inexorably progressive; there is no cure; and zona residents about Parkinson’s disease and Narcotics Leadership Act of 1988 to es- even the gold standard of medications avail- the promise of Parkinson’s research. The re- tablish a program to support and en- able cannot control symptoms indefinitely. I cent Agenda 97 symposium at the University courage local communities that first have learned, as all physicians must learn, to of Arizona brought together Parkinson’s re- achieve a certain detachment from the inevi- searchers, advocates and government offi- demonstrate a comprehensive, long- tability that faces my patients, but it re- cials for a public forum. The outstanding ef- term commitment to reduce substance mains a constant trial to look at these indi- forts of the APDA committee Arizona Parkin- abuse among youth, and for other pur- viduals and know that my armamentarium son’s Advocates, led by Bob Dolezal, have poses; to the Committee on the Judici- is so limited. Part of the way to deal with made the Mo Udall bill a popular cause ary. this challenge, both for physician and pa- throughout the State. THE DRUG-FREE COMMUNITIES ACT OF 1997 tient, is to take comfort in the fact that We applaud your efforts and support you one hundred percent. Thank you again for Mr. GRASSLEY. Mr. President, as there is enormous hope through the efforts you know the issue of drug use by our of the researchers in my own laboratory and leading the way to passage of the Udall bill in similar institutions around the world. in 1997. children is very important to me. I be- What is needed to take advantage of the Sincerely, lieve that we must do whatever we can new technologies and the enormous pool of ERWIN B. MONTGOMERY, to protect our children from the harm- talented investigators waiting to use them is JR., MD, ful effects of illegal drugs. The survey to make them available to a much larger Medical Director, by the Partnership for a Drug-Free number of laboratories; to increase the prob- APDA Information America recently released showed that ability that the critical breakthroughs will & Referral Center at children continue to cite their parents occur sooner rather than later. No one lab- the University of Ar- izona. as a reliable source of information oratory can travel every possible avenue of about the dangers of drugs. This con- investigation no matter how impressive CYNTHIA A. HOLMES, PHD, their equipment and no matter how many Coordinator, APDA firms a 1996 study by the Center on Ad- bright young postdoctoral fellows are on Information & Re- diction and Substance Abuse which staff. Rather, we must seek to multiply the ferral Center at the showed that the extent parents shoul- approaches to the puzzling problems that University of Ari- dered responsibility for their kids re- still face us by utilizing the different in- zona. sisting drugs was a key indicator of sights, experience, and research philosophies whether or not their child experi- of a variety of laboratories across the coun- PRINCETON, NJ, March 31, 1997. mented with drugs. Not Presidents, not try at academic medical centers, at NIH, and Hon. JOHN MCCAIN, U.S. Senate, Federal officials, not television, but in independent research institutes like our parents and others who play an inte- own. Washington, DC. Ultimately, that takes money and that is DEAR SENATOR MCCAIN: Your dedication to gral role in a child’s life make the dif- where we turn to the Congress for help di- bring about the reintroduction of the Morris ference. rected specifically to Parkinson’s disease. K. Udall Parkinson’s Disease Research and Today, in conjunction with 13 of my You know, I’m sure, of the discrepancies in Education Act is most appreciated. The bit- fellow Senators, we are introducing the research funding per patient between Par- ter sweet partial victory at the end of the Drug Free Communities Act of 1997. kinson’s disease and other disorders. The 104th Congressional session was difficult to This act will take funds currently message I want to send to you today is that accept. To Americans suffering from this hideous being spent for less productive areas of research dollars for movement disorders will disease, the issue is so clearly defined: there the Federal drug control budget and not be thrown into a black hole of hopeless- are 1 to 1.5 million people struck with a dis- route them to community coalitions ness, but invested in a national program ease that costs the government 6 billion dol- with tremendous hope for the future. with proven track records. Seeking to lars annually to maintain status quo; where- Sincerely, make the most efficient use of tax- as an annual investment of 100 million dol- payer dollars, Federal grants will J. WILLIAM LANGSTON, M.D., lars for research would yield a net savings of President. $124,500,000,000 in five years based on the match funding efforts from the private forecast of eminent scientists who predict sector and the local community. APDA PARKINSON’S DISEASE INFOR- major advances in the treatment of or even It will put resources in the hands of MATION & REFERRAL CENTER AT a possible cure for Parkinson’s disease. those who make a difference; of the THE UNIVERSITY OF ARIZONA, It is with this great anticipation that I people that our children say their opin- TUCSON, AZ, April 7, 1997. face my 17th year living with the disease. ions they respect. It puts the resources Hon. JOHN MCCAIN, During the last number of years, managing at the community level, where parents, U.S. Senate, my daily minimal activities have become Washington, DC. more and more difficult. Since I am only 55 teachers, coaches, and community DEAR SENATOR MCCAIN: We are writing to years old, I still have a window of oppor- leaders can use these resources to edu- tell you how grateful we are that you have tunity to re-enter the world of participation cate our children about the evils of taken on the role of lead republican sponsor rather than inaction. Currently my life re- drug use. in the Senate for the Morris K. Udall bill for volves around frantically attempting to ac- There are four key features to this Parkinson’s Research. There is tremendous complish somethings during the infrequent legislation, features that make it dif- support for this bill in Arizona, not only and much too short periods of time that my ferent from existing funding opportuni- among Parkinson’s patients and their family medication kicks in. ties. First, communities must take the members, but among an ever-widening circle I must believe that with your leadership of physicians, scientists and thoughtful and guidance the Udall bill will make its initiative. In order to receive support, members of the general public. It is clear perileous journey through the Halls of Con- a community coalition must dem- that research holds the key to improved gress and will gain enough bi-partisan sup- onstrate that there is a long-term com- treatments—even a cure—for Parkinson’s port for passage and thus insure more ade- mitment to address teen-drug use by disease. Only through research will we find a quate research and development funding. For having a sustainable coalition that in- way to reduce the human suffering and eco- those 50,000 People with Parkinson’s who re- cludes the involvement of representa- nomic burden of this terrible illness. ceived their diagnosis during this past 12 tives from a wide variety of commu- In Arizona we have taken a special interest months and for my own salvation, I join you and your staff in an all-out effort to guaran- nity activists. in the Udall bill, partly because it is our In addition, every coalition must state which Mo Udall served so well, partly tee the passage of the new Udall bill. because our state’s attractiveness as a ‘‘re- Sincerely, show that it will be around for a while. tirement’’ state means we have a higher pro- MARGARET TUCHMAN. Community coalitions must be in ex- portion of residents in the age range most at istence for at least 6 months prior to risk for PD, and partly because several of By Mr. GRASSLEY (for himself, applying for funds provided for in this our state’s medical institutions—the Univer- Mr. DEWINE, Mr. DASCHLE, Mr. bill, and they are only eligible to re- sity of Arizona College of Medicine in Tuc- BIDEN, Mr. D’AMATO, Mr. SHEL- ceive support if they can match these son, the Barrow Neurological Institute in BY, Mr. KOHL, Mr. GRAHAM, Mr. donations dollar for dollar with non- Phoenix, and the Mayo clinic in Scottsdale— CLELAND, Mr. HATCH, Mr. HAR- Federal funding, up to $100,000 per coa- already oversee extensive Parkinson’s re- KIN, Mr. THURMOND, Mr. STE- lition. search programs. Members of the Arizona Chapter of the VENS, Mr. DURBIN, Mr. HUTCHIN- The third key feature of this legisla- American Parkinson Disease Association SON, Mr. ABRAHAM, Mr. REID, tion is an assurance that the funds for (APDA) and the staff of its associated Infor- Mr. FEINGOLD, and Mrs. MUR- this bill will come from existing legis- mation & Referral Center at the University RAY): lation. We plan on working closely April 9, 1997 CONGRESSIONAL RECORD — SENATE S2921 with the members of the Appropria- the dangers of substance abuse, use among ‘‘(C) the use of alcohol, tobacco, or other tions Committee to find appropriate youth could be expected to decline by as related product prohibited by State or local off-sets within the current $16 billion much as 30 percent. law. Federal drug control budget. ‘‘(7) Community anti-drug coalitions ‘‘(10) YOUTH.—The term ‘youth’ shall have An advisory commission, consisting throughout the United States are success- the meaning provided that term by the Ad- fully developing and implementing com- ministrator, in consultation with the Advi- of local community leaders, and State prehensive, long-term strategies to reduce sory Commission. and National experts in the field of substance abuse among youth on a sustained ‘‘SEC. 1024. AUTHORIZATION OF APPROPRIA- substance abuse, will oversee the im- basis. TIONS. plementation of the program at the Of- ‘‘(8) Intergovernmental cooperation and ‘‘(a) IN GENERAL.—There are authorized to fice of National Drug Control Policy. coordination through national, State, and be appropriated to the Office of National They will insure the funds are directed local or tribal leadership and partnerships Drug Control Policy to carry out this chap- to communities and programs that are critical to facilitate the reduction of sub- ter— make a difference in the lives of our stance abuse among youth in communities ‘‘(1) $10,000,000 for fiscal year 1998; children. throughout the United States. ‘‘(2) $20,000,000 for fiscal year 1999; At other times I’ve talked about the ‘‘SEC. 1022. PURPOSES. ‘‘(3) $30,000,000 for fiscal year 2000; ‘‘(4) $40,000,000 for fiscal year 2001; and statistics—how drug use is up again ‘‘The purposes of this chapter are— ‘‘(1) to reduce substance abuse among ‘‘(5) $43,500,000 for fiscal year 2002. this year among teens, and how emer- youth in communities throughout the Unit- ‘‘(b) ADMINISTRATIVE COSTS.—Not more gency room admissions are rising after ed States, and over time, to reduce substance than the following percentages of the years of decline, and other depressing abuse among adults; amounts authorized under subsection (a) statistics. But the bill we introduce ‘‘(2) to strengthen collaboration among may be used to pay administrative costs: today is in support of organizations communities, the Federal Government, and ‘‘(1) 10 percent for fiscal year 1998. that are on the front lines, making a State, local, and tribal governments; ‘‘(2) 6 percent for fiscal year 1999. difference in the lives of our children. I ‘‘(3) to enhance intergovernmental co- ‘‘(3) 4 percent for fiscal year 2000. urge my fellow members to join my operation and coordination on the issue of ‘‘(4) 3 percent for fiscal year 2001. ‘‘(5) 3 percent for fiscal year 2002. colleagues and me in supporting this substance abuse among youth; ‘‘(4) to serve as a catalyst for increased cit- ‘‘Subchapter I—Drug-Free Communities legislation for our children. izen participation and greater collaboration Mr. President, I ask unanimous con- Support Program among all sectors and organizations of a ‘‘SEC. 1031. ESTABLISHMENT OF DRUG-FREE sent that the text of the bill be printed community that first demonstrates a long- COMMUNITIES SUPPORT PROGRAM. in the RECORD. term commitment to reducing substance ‘‘(a) ESTABLISHMENT.—The Director shall There being no objection, the bill was abuse among youth; establish a program to support communities ordered to be printed in the RECORD, as ‘‘(5) to rechannel resources from the fiscal in the development and implementation of follows: year 1998 Federal drug control budget to pro- comprehensive, long-term plans and pro- S. 536 vide technical assistance, guidance, and fi- grams to prevent and treat substance abuse Be it enacted by the Senate and House of Rep- nancial support to communities that dem- among youth. resentatives of the United States of America in onstrate a long-term commitment in reduc- ‘‘(b) PROGRAM.—In carrying out the Pro- Congress assembled, ing substance abuse among youth; gram, the Director shall— ‘‘(6) to disseminate to communities timely SECTION 1. SHORT TITLE. ‘‘(1) make and track grants to grant recipi- This Act may be cited as the ‘‘Drug-Free information regarding the state-of-the-art ents; Communities Act of 1997’’. practices and initiatives that have proven to ‘‘(2) provide for technical assistance and be effective in reducing substance abuse SEC. 2. NATIONAL DRUG CONTROL PROGRAM. training, data collection, and dissemination among youth; (a) IN GENERAL.—The National Narcotics of information on state-of-the-art practices Leadership Act of 1988 (21 U.S.C. 1501 et seq.) ‘‘(7) to enhance, not supplant, local com- that the Administrator determines to be ef- is amended— munity initiatives for reducing substance fective in reducing substance abuse; and (1) by inserting between sections 1001 and abuse among youth; and ‘‘(3) provide for the general administration 1002 the following: ‘‘(8) to encourage the creation of and sup- of the Program. port for community anti-drug coalitions ‘‘(c) ADMINISTRATION.—Not later than 30 ‘‘ CHAPTER 1—OFFICE OF NATIONAL throughout the United States. days after receiving recommendations from DRUG CONTROL POLICY’’; ‘‘SEC. 1023. DEFINITIONS. the Advisory Commission under section and ‘‘In this chapter: 1042(a)(1), the Director shall appoint an Ad- (2) by adding at the end the following: ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ministrator to carry out the Program. ‘‘CHAPTER 2—DRUG-FREE COMMUNITIES trator’ means the Administrator appointed ‘‘SEC. 1032. PROGRAM AUTHORIZATION. ‘‘SEC. 1021. FINDINGS. by the Director under section 1031(c). ‘‘(a) GRANT ELIGIBILITY.—To be eligible to ‘‘Congress finds the following: ‘‘(2) ADVISORY COMMISSION.—The term ‘Ad- receive an initial grant or a renewal grant ‘‘(1) Substance abuse among youth has visory Commission’ means the Advisory under this subchapter, a coalition shall meet more than doubled in the 5-year period pre- Commission established under section 1041. each of the following criteria: ceding 1996, with substantial increases in the ‘‘(3) COMMUNITY.—The term ‘community’ ‘‘(1) APPLICATION.—The coalition shall sub- use of marijuana, inhalants, cocaine, meth- shall have the meaning provided that term mit an application to the Administrator in amphetamine, LSD, and heroin. by the Administrator, in consultation with accordance with section 1033(a)(2). ‘‘(2) The most dramatic increases in sub- the Advisory Commission. ‘‘(2) MAJOR SECTOR INVOLVEMENT.— stance abuse has occurred among 13- and 14- ‘‘(4) DIRECTOR.—The term ‘Director’ means ‘‘(A) IN GENERAL.—The coalition shall con- year-olds. the Director of the Office of National Drug sist of 1 or more representatives of each of ‘‘(3) Casual or periodic substance abuse by Control Policy. the following categories: youth of 1997 will contribute to hard core or ‘‘(5) ELIGIBLE COALITION.—The term ‘eligi- ‘‘(i) Youth. chronic substance abuse by the next genera- ble coalition’ means a coalition that meets ‘‘(ii) Parents. tion of adults. the applicable criteria under section 1032(a). ‘‘(iii) Businesses. ‘‘(4) Substance abuse is at the core of other ‘‘(6) GRANT RECIPIENT.—The term ‘grant re- ‘‘(iv) The media. problems, such as rising violent teenage and cipient’ means the recipient of a grant award ‘‘(v) Schools. violent gang crime, increasing health care under section 1032. ‘‘(vi) Organizations serving youth. costs, HIV infections, teenage pregnancy, ‘‘(7) NONPROFIT ORGANIZATION.—The term ‘‘(vii) Law enforcement. high school dropouts, and lower economic ‘nonprofit organization’ means an organiza- ‘‘(viii) Religious organizations. productivity. tion described under section 501(c)(3) of the ‘‘(ix) Civic and fraternal groups. ‘‘(5) Increases in substance abuse among Internal Revenue Code of 1986 that is exempt ‘‘(x) Health care professionals. youth are due in large part to an erosion of from taxation under section 501(a) of the In- ‘‘(xi) State, local, or tribal governmental understanding by youth of the high risks as- ternal Revenue Code of 1986. agencies with expertise in the field of sub- sociated with substance abuse, and to the ‘‘(8) PROGRAM.—The term ‘Program’ means stance abuse (including, if applicable, the softening of peer norms against use. the program established under section State authority with primary authority for ‘‘(6)(A) Substance abuse is a preventable 1031(a). substance abuse). behavior and a treatable disease; and ‘‘(9) SUBSTANCE ABUSE.—The term ‘sub- ‘‘(xii) Other organizations involved in re- ‘‘(B)(i) during the 13-year period beginning stance abuse’ means— ducing substance abuse. with 1979, monthly use of illegal drugs ‘‘(A) the illegal use or abuse of drugs, in- ‘‘(B) ELECTED OFFICIALS.—If feasible, in ad- among youth 12 to 17 years of age declined cluding substances listed in schedules I dition to representatives from the categories by over 70 percent; and through V of section 112 of the Controlled listed in subparagraph (A), the coalition ‘‘(ii) data suggests that if parents would Substances Act (21 U.S.C. 812); shall have an elected official (or a represent- simply talk to their children regularly about ‘‘(B) the abuses of inhalants; and ative of an elected official) from— S2922 CONGRESSIONAL RECORD — SENATE April 9, 1997 ‘‘(i) the Federal Government; and ‘‘(C) provide assurances that the entity trator may award a grant under this section ‘‘(ii) the government of the appropriate conducting an evaluation under this para- to not more than 1 eligible coalition that State and political subdivision thereof or the graph, or from which the coalition receives represents the county. governing body or an Indian tribe (as that information, has experience— ‘‘SEC. 1033. INFORMATION COLLECTION AND DIS- term is defined in section 4(e) of the Indian ‘‘(i) in gathering data related to substance SEMINATION WITH RESPECT TO Self-Determination Act (25 U.S.C. 450b(e))). abuse among youth; or GRANT RECIPIENTS. ‘‘(C) REPRESENTATION.—An individual who ‘‘(ii) in evaluating the effectiveness of ‘‘(a) COALITION INFORMATION.— is a member of the coalition may serve on community anti-drug coalitions. ‘‘(1) GENERAL AUDITING AUTHORITY.—For the coalition as a representative of not more ‘‘(b) GRANT AMOUNTS.— the purpose of audit and examination, the than 1 category listed under subparagraph ‘‘(1) IN GENERAL.— Administrator— (A). ‘‘(A) GRANTS.— ‘‘(A) shall have access to any books, docu- ‘‘(3) COMMITMENT.—The coalition shall ‘‘(i) IN GENERAL.—Subject to clause (iii), ments, papers, and records that are pertinent demonstrate, to the satisfaction of the Ad- for a fiscal year, the Administrator may to any grant or grant renewal request under ministrator— grant to an eligible coalition under this this chapter; and ‘‘(A) that the representatives of the coali- paragraph, an amount not to exceed the ‘‘(B) may periodically request information tion have worked together on substance amount of non-Federal funds raised by the from a grant recipient to ensure that the abuse reduction initiatives for a period of coalition, including in-kind contributions, grant recipient meets the applicable criteria not less than 6 months, acting through enti- for that fiscal year. under section 1032(a). ties such as task forces, subcommittees, or ‘‘(ii) RENEWAL GRANTS.—Subject to clause ‘‘(2) APPLICATION PROCESS.—The Adminis- community boards; and (iii), the Administrator may award a renewal trator shall issue regulations regarding, with ‘‘(B) substantial participation from volun- grant to a grant recipient under this sub- respect to the grants awarded under section teer leaders in the community involved (es- paragraph for each fiscal year following the 1032, the application process, grant renewal, pecially in cooperation with individuals in- fiscal year for which an initial grant is and suspension or withholding of renewal volved with youth such as parents, teachers, awarded, in an amount not to exceed the grants. Each application under this para- coaches, youth workers, and members of the amount of non-Federal funds raised by the graph shall be in writing and shall be subject clergy). coalition, including in-kind contributions, to review by the Administrator. ‘‘(4) MISSION AND STRATEGIES.—The coali- for that fiscal year, during the 4-year period ‘‘(3) REPORTING.—The Administrator shall, tion shall, with respect to the community in- following the period of the initial grant. to the maximum extent practicable and in a volved— ‘‘(iii) LIMITATION.—The amount of a grant manner consistent with applicable law, mini- ‘‘(A) have as its principal mission the re- award under this subparagraph may not ex- mize reporting requirements by a grant re- duction of substance abuse in a comprehen- ceed $100,000 for a fiscal year. cipient and expedite any application for a re- sive and long-term manner, with a primary ‘‘(B) COALITION AWARDS.— newal grant made under this subchapter. focus on youth in the community; ‘‘(i) IN GENERAL.—Except as provided in ‘‘(b) DATA COLLECTION AND DISSEMINA- ‘‘(B) describe and document the nature and clause (ii), the Administrator may, with re- TION.— extent of the substance abuse problem in the spect to a community, make a grant to 1 eli- ‘‘(1) IN GENERAL.—The Administrator may community; gible coalition that represents that commu- collect data from— ‘‘(C)(i) provide a description of substance nity. ‘‘(A) national substance abuse organiza- abuse prevention and treatment programs ‘‘(ii) EXCEPTION.—The Administrator may tions that work with eligible coalitions, and activities in existence at the time of the make a grant to more than 1 eligible coali- community anti-drug coalitions, depart- grant application; and tion that represents a community if— ments or agencies of the Federal Govern- ‘‘(I) the population of the community ex- ‘‘(ii) identify substance abuse programs ment, or State or local governments and the ceeds 2,000,000 individuals; and service gaps in the community; governing bodies of Indian tribes; and ‘‘(II) the eligible coalitions demonstrate ‘‘(D) develop a strategic plan to reduce sub- ‘‘(B) any other entity or organization that that the coalitions are collaborating with stance abuse among youth in a comprehen- carries out activities that relate to the pur- one another; and sive and long-term fashion; and poses of the Program. ‘‘(E) work to develop a consensus regarding ‘‘(III) each of the coalitions has independ- ‘‘(2) ACTIVITIES OF ADMINISTRATOR.—The ently met the requirements set forth in sec- the priorities of the community to combat Administrator may— tion 1032(a). substance abuse among youth. ‘‘(A) evaluate the utility of specific initia- ‘‘(5) SUSTAINABILITY.—The coalition shall ‘‘(2) RURAL COALITION GRANTS.— tives relating to the purposes of the Pro- demonstrate that the coalition is an ongoing ‘‘(A) IN GENERAL.— gram; concern by demonstrating that the coali- ‘‘(i) IN GENERAL.—In addition to awarding ‘‘(B) engage in research and development tion— grants under paragraph (1), to stimulate the activities related to the Program; and ‘‘(A) is— development of coalitions in sparsely popu- ‘‘(C) disseminate information described in ‘‘(i)(I) a nonprofit organization; or lated and rural areas, the Administrator, in this subsection to— ‘‘(II) an entity that the Administrator, in consultation with the Advisory Commission, ‘‘(i) eligible coalitions and other substance consultation with the Advisory Commission, may award a grant in accordance with this abuse organizations; and determines to be appropriate; or section to a coalition that represents a coun- ‘‘(ii) part of, or is associated with, an es- ty with a population that does not exceed ‘‘(ii) the general public. tablished legal entity; 30,000 individuals. In awarding a grant under ‘‘SEC. 1034. TECHNICAL ASSISTANCE AND TRAIN- ‘‘(B) receives financial support (including, this paragraph, the Administrator, in con- ING. in the discretion of the Administrator, in- sultation with the Advisory Commission, ‘‘(a) IN GENERAL.— kind contributions) from non-Federal may waive any requirement under sub- ‘‘(1) TECHNICAL ASSISTANCE AND AGREE- sources; and section (a) if the Administrator, in consulta- MENTS.—With respect to any grant recipient ‘‘(C) has a strategy to solicit substantial fi- tion with the Advisory Commission, consid- or other organization, the Administrator nancial support from non-Federal sources to ers that waiver to be appropriate. may— ensure that the coalition and the programs ‘‘(ii) MATCHING REQUIREMENT.—Subject to ‘‘(A) offer technical assistance and train- operated by the coalition are self-sustaining. subparagraph (C), for a fiscal year, the Ad- ing; and ‘‘(6) ACCOUNTABILITY.—The coalition ministrator may grant to an eligible coali- ‘‘(B) enter into contracts and cooperative shall— tion under this paragraph, an amount not to agreements. ‘‘(A) establish a system to measure and re- exceed the amount of non-Federal funds ‘‘(2) COORDINATION OF PROGRAMS.—The Ad- port outcomes— raised by the coalition, including in-kind ministrator may facilitate the coordination ‘‘(i) consistent with common indicators contributions, for that fiscal year. of programs between a grant recipient and and evaluation protocols established by the ‘‘(B) RENEWAL GRANTS.—The Administrator other organizations and entities. Administrator, in consultation with the Ad- may award a renewal grant to an eligible co- ‘‘(b) TRAINING.—The Administrator may visory Commission; and alition that is a grant recipient under this provide training to any representative des- ‘‘(ii) receives the approval of the Adminis- paragraph for each fiscal year following the ignated by a grant recipient in— trator; fiscal year for which an initial grant is ‘‘(1) coalition building; ‘‘(B) conduct— awarded, in an amount not to exceed the ‘‘(2) task force development; ‘‘(i) for an initial grant under this sub- amount of non-Federal funds raised by the ‘‘(3) mediation and facilitation, direct serv- chapter, an initial benchmark survey of drug coalition, including in-kind contributions, ice, assessment and evaluation; or use among youth (or use local surveys or during the 4-year period following the period ‘‘(4) any other activity related to the pur- performance measures available or acces- of the initial grant. poses of the Program. sible in the community at the time of the ‘‘(C) LIMITATIONS.— ‘‘Subchapter II—Advisory Commission grant application); and ‘‘(i) AMOUNT.—The amount of a grant ‘‘SEC. 1041. ESTABLISHMENT OF ADVISORY COM- ‘‘(ii) biennial surveys (or incorporate local award under this paragraph shall not exceed MISSION. surveys in existence at the time of the eval- $50,000 for a fiscal year. ‘‘(a) ESTABLISHMENT.—There is established uation) to measure the progress and effec- ‘‘(ii) AWARDS.—With respect to a county a commission to be known as the ‘Advisory tiveness of the coalition; and referred to in subparagraph (A), the Adminis- Commission on Drug-Free Communities’. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2923 ‘‘(b) PURPOSE.—The Advisory Commission that they are engaged in the performance of Community-based antidrug coali- shall advise, consult with, and make rec- the functions of the Advisory Commission, tions have proven their worth in the ommendations to the Administrator con- compensation at rates not to exceed the fight against drug abuse. I’m thinking cerning matters related to the activities car- daily equivalent to the annual rate of basic of groups like the Madison County Pre- ried out under the Program. pay payable for grade GS–10 of the General Schedule. vention Assistance Coalition Team—or ‘‘SEC. 1042. DUTIES. PACT—in Madison County, OH. PACT ‘‘(a) IN GENERAL.—The Advisory Commis- ‘‘(b) TRAVEL EXPENSES.—Each member of sion— the Advisory Commission shall receive trav- was established in a rural area in ‘‘(1) shall, not later than 30 days after its el expenses, including per diem in lieu of central Ohio in 1991, and rapidly in- first meeting, make recommendations to the subsistence, in accordance with sections 5702 spired over 50 local substance abuse Director regarding the selection of an Ad- and 5703 of title 5, United States Code. prevention initiatives. ministrator; ‘‘SEC. 1045. TERMS OF OFFICE. What PACT did was mobilize the ‘‘(2) may review any grant, contract, or co- ‘‘(a) IN GENERAL.—Subject to subsection community. Middle school students operative agreement proposed to be made by (b), the term of office of a member of the Ad- acted as mentors and role models for the Program; visory Commission shall be 3 years, except third graders. Teachers in Head Start that, as designated at the time of appoint- ‘‘(3) may make recommendations to the taught their students about drug abuse Administrator regarding the activities of the ment— Program; ‘‘(1) of the initial members appointed prevention. A local church held a fa- ‘‘(4) may review any policy or criteria es- under section 1043(a)(1), 2 shall be appointed ther-son retreat. tablished by the Administrator to carry out for a term of 2 years; A research team from Miami Univer- the Program; ‘‘(2) of the initial members appointed sity found that Madison County’s alco- ‘‘(5) may— under section 1043(a)(2), 2 shall be appointed hol-related crime dropped by 50 per- ‘‘(A) collect, by correspondence or by per- for a term of 2 years; and cent. And students are reporting a de- sonal investigation, information concerning ‘‘(3) of the initial members appointed cline in the use and availability of al- initiatives, studies, services, programs, or under section 1043(a)(3), 1 shall be appointed cohol and other drugs. other activities of coalitions or organiza- for a term of 1 year. The key is mobilizing the commu- tions working in the field of substance abuse ‘‘(b) VACANCIES.—Any member appointed to fill a vacancy for an unexpired term of a nity. The bill we’re introducing today in the United States or any other country; will help tap into this resource—by re- and member shall serve for the remainder of the ‘‘(B) with the approval of the Adminis- unexpired term. A member of the Advisory directing Federal funding to commu- trator, make the information referred to in Commission may serve after the expiration nity coalitions that have developed subparagraph (A) available through appro- of such member’s term until a successor has comprehensive programs to educate priate publications or other methods for the been appointed and taken office. children about the dangers of drugs. A benefit of eligible coalitions and the general ‘‘SEC. 1046. MEETINGS. similar bill was introduced in the public; and ‘‘(a) IN GENERAL.—After its initial meet- House by Representatives PORTMAN, ing, the Advisory Commission shall meet at ‘‘(6) may appoint subcommittees and con- HASTERT, RANGEL, and LEVIN. vene workshops and conferences. the call of the Chairperson (or Cochairper- This bill will channel funds from the sons) of the Advisory Commission or a ma- ‘‘(b) RECOMMENDATIONS.—If the Adminis- fiscal year 1998 drug control budget—in trator rejects any recommendation of the jority of its members or upon the request of Advisory Commission under subsection the Director or Administrator of the Pro- the form of matching grants—to com- (a)(1), the Administrator shall notify the Ad- gram for which the Advisory Commission is munity coalitions with proven track visory Commission and the Director in writ- established. records. It will enhance programs that ing of the reasons for the rejection not later ‘‘(b) QUORUM.—8 members of the Advisory work, without allocating new funds. than 15 days after receiving the rec- Commission shall constitute a quorum. I think this is exactly the type of leg- ommendation. ‘‘SEC. 1047. STAFF. islation we need. It’s a sensible and ‘‘(c) CONFLICT OF INTEREST.—A member of ‘‘The Advisory Commission may elect an cost-effective approach to solving a the Advisory Commission shall recuse him- executive secretary to facilitate the conduct major problem. And I will join my col- of business of the Advisory Commission. The self or herself from any decision that would league from Iowa in working for its en- constitute a conflict of interest. Administrator shall make available to the Advisory Commission such staff, informa- actment. ‘‘SEC. 1043. MEMBERSHIP. Mr. BIDEN. Mr. President, I am ‘‘(a) IN GENERAL.—The President shall ap- tion, and other assistance permitted by law point 15 members to the Advisory Commis- as the Advisory Commission may reasonably pleased to join in introducing today sion as follows: require to carry out the functions of the Ad- with Senator GRASSLEY and others the ‘‘(1) 6 members shall be appointed from the visory Commission. Drug-Free Communities Act of 1997. general public and shall include leaders— ‘‘SEC. 1048. TERMINATION. This legislation will help take an im- ‘‘(A) in fields of youth development, public ‘‘The Advisory Commission shall termi- portant step forward toward a goal we policy, law, or business; or nate on the date that is 5 years after the all share—keeping kids away from ‘‘(B) of nonprofit organizations or private date of the enactment of this chapter.’’. drugs and drugs away from kids. foundations that fund substance abuse pro- (b) REFERENCES.—Each reference in Fed- This 5 year, $140 million authoriza- grams. eral law to subtitle A of the Anti-Drug Abuse Act of 1988, with the exception of section 1001 tion to fund local antidrug prevention ‘‘(2) 6 members shall be appointed from the efforts could be an important catalyst leading representatives of national sub- of such subtitle, in any provision of law that stance abuse reduction organizations, of is in effect on the day before the date of en- to getting local groups together to which no fewer than 4 members shall have actment of this Act shall be deemed to be a plan, coordinate, and carry out the extensive training or experience in drug pre- reference to chapter 1 of the National Nar- wide variety of drug prevention treat- vention. cotics Leadership Act of 1988 (as so des- ment activities we all know are nec- ‘‘(3) 3 members shall be appointed from the ignated by this section). essary to reverse the rise of drug abuse leading representatives of State substance Mr. DEWINE. Mr. President, I am among our children. By unleashing the abuse reduction organizations. very proud to join the Senator from talents and energy of local coalitions ‘‘(b) CHAIRPERSON.—The Advisory Commis- Iowa in being an original cosponsor of of local businesses, schools, law en- sion shall elect a chairperson or cochairper- the drug-free communities legislation. sons from among its members. forcement, religious organizations, In the last 5 years, substance abuse ‘‘(c) EX OFFICIO MEMBERS.—The ex officio doctors, and others we can build com- membership of the Advisory Commission by America’s young people has more munity-wide and community-based shall consist of any 2 officers or employees of than doubled. Even more troubling, it drug prevention efforts. the United States that the Director deter- is taking place at younger and younger For all these reasons, I am pleased to mines to be necessary for the Advisory Com- ages. offer my support for the concept em- mission to effectively carry out its func- We need to turn this around. And this bodied in this legislation. But, I must tions. is a challenge that requires the in- offer two important conditions to my ‘‘SEC. 1044. COMPENSATION. volvement of the whole community— support for this bill. First, as poten- ‘‘(a) IN GENERAL.—Members of the Advi- young people, their parents, schools, tially valuable as antidrug coalitions sory Commission who are officers or employ- businesspeople, the media, law enforce- can be, I do not believe it would be wise ees of the United States shall not receive any additional compensation for service on ment, religious organizations, civic and for us to ‘‘rob Peter to pay Paul’’ by the Advisory Commission. The remaining fraternal groups, as well as profes- trying to fund this drug prevention ef- members of the Advisory Commission shall sionals in the area of drug abuse treat- fort by cutting funding for other, wor- receive, for each day (including travel time) ment. thy drug prevention efforts. It is my S2924 CONGRESSIONAL RECORD — SENATE April 9, 1997 understanding that the other sponsors years old. Drug use is starting at an for a program such as this. The statis- of this legislation in both the House early age. tics on substance abuse among our Na- and the Senate share this view, and I Drug abuse costs this country ap- tion’s children are particularly disturb- look forward to working with them to proximately $67 billion a year in social, ing: find the modest dollars necessary to health and criminal costs. But the According to the University of Michi- fund this effort. 14,000 drug-related deaths each year gan’s 1996 study ‘‘Monitoring the Fu- Second, it is also my understanding cannot be calculated in costs. The de- ture,’’ half of all high school students that the sponsors of this legislation are struction of lives of the drug users, have tried some type of illicit drug by continuing to work with the Drug Di- their families, friends, and neighbors is the time they graduate. Drug use rector to iron out the bureaucratic de- inevitable. among eighth graders has risen 150 per- tails of how this effort will be under- The need to correct the trend is im- cent in the last 5 years. Overall, drug taken at the Federal level. I am con- perative and it is communities that use for children between the ages of 12 fident that none of the sponsors of this can do it. Community coalitions are es- and 17 has increased more than 100 per- bill have any desire to establish any sential for an effective prevention pro- cent, from 5.3 percent in 1992 to 10.9 new layers of wasteful bureaucracy, so gram. It is the community groups that percent in 1995. I look forward to working with them to see the problem first hand and know The drug most often used by these pass the most efficient, effective effort what is needed in that area to stop children continues to be marijuana. possible. children from using drugs. More children are smoking marijuana This bill offers a key example of the This bill will provide the incentive and they are starting to do so at a bipartisan support for drug prevention for community action groups to work younger age. According to the ‘‘Mon- and drug treatment efforts which ex- together for the sole purpose of drug itoring the Future’’ study, almost 25 ists at the grassroots level throughout prevention. Groups representing percent of high school seniors had used our Nation. In the weeks and months youths, parents, businesses, schools, marijuana during the previous month. ahead, I look forward to working with law enforcement, religious organiza- Between 1994 and 1995, the rate of use my colleagues in the same bipartisan tions, health professionals, as well as among 12- to 17-year-olds increased 37 fashion. government agencies will be expected percent, from 6 percent to over 8 per- As my colleagues have heard me note to prepare a strategy and implement cent. on numerous occasions—our Nation it—together. But the community must And the use of marijuana often leads stands on the edge of the ‘‘baby boo- be organized first, prior to receiving to the use of stronger and more dan- merang’’—with 39 million American grant funds, in order for the coalition gerous drugs. A study completed by Co- children under the age of 10, the great- to prove a long-term commitment. lumbia University’s Center on Addic- The grants will be distributed to or- est number since the 1960’s. We must tion and Substance Abuse found that ganized community coalitions that prepare for these 39 million as they children who smoke marijuana are 85 have matching funds and those funds enter their teen years when they will times more likely to try cocaine than cannot be derived from the Federal be at their greatest likelihood of fall- children who have never tried mari- Government. This requirement ensures ing prey to drugs and crime. If we do juana. that the coalition has support and can not, we will pay for our lack of fore- The use of cocaine and heroin among be sustained after the grant sunsets. sight with what could be the most se- our children is also on the increase. This will not be another Federal pro- vere epidemic of youth drug abuse, Among high school seniors in 1996, over gram, but rather a means to support 7 percent had tried cocaine at some youth violence, and youth crime our organized coalitions that devise and time. And the number of younger chil- Nation has ever suffered. implement a comprehensive antidrug Preparing each of these 39 million campaign while they get off the dren experimenting with these drugs is American children means giving them ground. alarming. During the last 5 years, her- the techniques and the desire to stay Several groups in my State have al- oin use among 8th to 12th graders and away from drugs—in short, drug pre- ready endorsed this proposal including the number of 8th graders who had vention. The Drug-Free Communities the Syracuse Police Department, the tried cocaine had doubled. Act of 1997 is one of what must be mayor of Syracuse and agencies in On- So what can we do to help our youth many elements of a comprehensive, na- ondaga County. Respected national or- reject the temptation to use drugs? We tionwide drug prevention effort. I am ganizations that deal with drug and al- can help families to convince kids that pleased to cosponsor this legislation cohol abuse have also endorsed the pro- they must never even try illegal drugs. and I look forward to passing it into posal including DARE, Mothers That is why I am proud to be a co- law. Against Drunk Driving, Partnership sponsor of the Drug-Free Communities Mr. D’AMATO. Mr. President, I join for a Drug-Free America, and Empower Act of 1997, which we are here to intro- my colleagues in the introduction of America, among others. duce today. This bill will help commu- the Drug Free Communities Act and This is a comprehensive strategy to a nities reduce drug use among youth by urge its passage. This bill responds to a problem that is best dealt with at the providing matching grants of up to distressing increase in teenage drug local level. I urge my colleagues to $100,000 to community coalitions for use by providing startup funding and closely review the merits of this bill the establishment of programs de- technical assistance to community and support its passage. Our commu- signed to prevent and treat substance coalitions that work together to pre- nities need it. abuse in young people. These grants vent drug use. Mr. GRAHAM. Mr. President, I rise will be used to provide support to local According to the University of Michi- today as a proud cosponsor of the Drug communities who have proven their gan’s 1996 Monitoring the Future Free Communities Act. long-term commitment to reducing study, more than half of all high school The objective of this bill is to protect drug use among youth. It includes pro- students use illicit drugs by the time our greatest national resource—our visions for an advisory commission of they graduate. The Office of National children—from the deadly scourge of substance abuse experts to oversee the Drug Control Policy cited in their drug abuse. And it protects them in a program, to ensure that grants go only strategy report that nearly 1 in 4 high way that has been proven through the to those programs that have dem- school seniors used marijuana on a centuries—by strengthening commu- onstrated success in keeping our chil- past-month basis in 1996. nities. This bill gives local commu- dren and grandchildren off drugs. The age for which children start nities the support they need to keep There are several reasons why every using drugs is declining. While the drugs away from their young people. Member of Congress should support number of teenagers using marijuana And it allows them to use it in a way this bill: increased 37 percent from 1994 to 1995, that has proven to be effective in their This program helps local commu- the age of first use declined from 17.8 community, and not as some Washing- nities in a way that is consistent with years of age in 1987 to 16.3 years of age ton bureaucrat dictates. the 1997 strategy of the Office of Na- in 1994. There was also a drop in age for Unfortunately, recent studies of drug tional Drug Control Policy. The No. 1 first use of cocaine from 23.3 years to 19 use in America demonstrate the need goal of the strategy is to encourage April 9, 1997 CONGRESSIONAL RECORD — SENATE S2925

America’s youth to reject illegal drugs COCHRAN, Mr. KENNEDY, Mr. do real harm by leading a woman and by assisting community coalitions to BIDEN, Mr. FAIRCLOTH, Mr. her doctor to believe that nothing is develop programs that will accomplish DASCHLE, Mr. WYDEN, Mr. wrong when something is. The result this goal. The grants provided for in INOUYE, Mr. SARBANES, Mr. can be unnecessary suffering or even a the Drug Free Communities Act will BINGAMAN, Mr. HUTCHINSON, Mr. death that could have been prevented. establish a partnership between the FORD, Mr. REID, Mr. LEAHY, Mr. That is why this legislation is so im- Federal Government and local commu- DODD, Mr. ABRAHAM, Mr. BEN- portant. This law must be reauthorized nities. NETT, Mr. CHAFEE, Mr. so that we don’t go back to the old There are safeguards to prevent FEINGOLD, Mr. GREGG, Mr. days when women’s lives were in jeop- abuse of the program. Only established REED, Mr. MACK, Mr. ROBB, Mr. ardy. groups that can provide matching JEFFORDS, Mr. LEVIN, Mr. I want to make sure that women’s funds will be eligible to receive fund- FRIST, Mr. BOND, Mr. health care needs are met comprehen- ing. This ensures that only programs WELLSTONE, Mr. SPECTER, Mr. sively. It is expected that 180,000 new that have a proven track record of suc- BURNS, Mr. GLENN, Mr. COATS, cases of breast cancer will be diagnosed cess in fighting drug abuse among our Mr. AKAKA, and Mr. and about 44,000 women will die from young people will receive funding. LIEBERMAN): the disease in 1997. This makes breast I urge my colleagues to join me in S. 537. A bill to amend title III of the cancer the most common cancer among supporting this important bill. Our Public Health Service Act to revise and women. And only lung cancer causes children’s future depends on keeping extend the mammography quality more deaths in women. them free of drugs, and this legislation standards program; to the Committee We must aggressively pursue preven- will help those groups who can make a on Labor and Human Resources. tion in our war on breast cancer. I difference in the lives of our youth. THE MAMMOGRAPHY QUALITY STANDARDS ACT pledge to fight for new attitudes and There is no greater service that we can Ms. MIKULSKI. Mr. President, I am find new ways to end the needless pain provide to our country than to keep honored to be joined by my colleagues, and death that too many American our children drug-free. both men and women from both sides women face. This bill is an important Mr. ABRAHAM. Mr. President, I am of the aisle, in introducing the reau- step in that direction. On behalf of all pleased to be an original cosponsor of thorization of the Mammography Qual- the women of the Senate, I invite the the Drug Free Communities Act of ity Standards Act [MQSA]. The bill I men of the Senate who have not al- 1997. This bill will lend a helping hand am introducing today reauthorizes the ready cosponsored to do so. The women to local coalitions that are leading the original legislation which passed in of America are counting on your sup- fight against substance abuse. 1992 with bipartisan support. port. Few would argue that substance What MQSA does is require that all Mr. DODD. Mr. President, I rise abuse, particularly among our youth, facilities that provide mammograms today to voice my strong support, as an is a growing problem in communities meet key safety and quality-assurance original cosponsor of the reauthoriza- across our Nation. Drug use among standards in the area of personnel, tion of the Mammography Quality teens has increased sharply in recent equipment, and operating procedures. Standards Act [MQSA]. years. There is reason to believe, how- Before the law passed, tests were mis- I first lent my support to this effort ever, that local coalitions, reflecting a read, women were misdiagnosed, and when the MQSA was initially intro- broad cross-section of the communities people died as a result of sloppy work. duced and passed in the 102nd Congress. they serve, can do much to combat Since 1992, MQSA has been successful For the past 5 years, this critically im- drug use among youths as well as in bringing facilities into compliance portant legislation has provided women adults. with the Federal standards. with safe and reliable mammography The Drug Free Communities Act What are these national, uniform services. As the Mammography Quality would lend important assistance to quality standards for mammography? Standards Act comes up for reauthor- these coalitions. Specifically, the bill Well, facilities are required to use ization, I urge all of my fellow col- would authorize grants of up to $100,000 equipment designed specifically for leagues to once again make a commit- to local coalitions whose principal mis- mammography. Only radiological tech- ment to the health and well being of sion is the reduction of substance nologists can perform mammography. America’s women by supporting this abuse. To be eligible for a grant, a coa- Only qualified doctors can interpret legislation. lition must include representatives the results of mammography. Facili- Breast cancer is the most common from the religious, business, law en- ties must establish a quality assurance type of cancer to affect women. In fact, forcement, education, parental, and and control program to ensure reliabil- almost 1 in 9 women will develop breast health care communities, as well as ity, clarity, and accurate interpreta- cancer at some point in their lives. local government officials, in the geo- tion of mammograms. Facilities must Mammography, while not a cure for graphic region served by the coalition. be inspected annually by qualified in- cancer, provides the best detection sys- To enhance coalition accountability— spectors. Finally, facilities must be ac- tem for diagnosing this dangerous and and thus to direct resources to the credited by an accrediting body ap- deadly disease. And, early detection of most successful coalitions—a partici- proved by the Secretary of Health and breast cancer is often the key to effec- pating coalition would be required to Human Services. tive treatment and recovery. conduct an initial benchmark survey of This current reauthorization makes a The Mammography Quality Stand- drug use in its community, followed by few minor changes to the law to ensure ards Act ensures that mammography biennal surveys. No new funding would the following: Patients and referring service providers comply with Federal be needed for the bill, as grant moneys physicians must be advised of any requirements. These quality standards would be drawn from the existing budg- mammography facility deficiency. guard against inaccurate or inconclu- et of the Office of National Drug Con- Women are guaranteed the right to ob- sive mammography results, thereby re- trol Policy. tain an original of their mammogram. ducing the costly procedures associated In short, Mr. President, this bill rec- Finally, both State and local govern- with false positive diagnoses. ognizes that the efforts of local leaders ment agencies are permitted to have Before this legislation was originally are indispensable in the war on drugs. inspection authority. enacted, women were often at the I am proud to support those efforts, I like this law because it has saved mercy of their mammography service and look forward to passage of this bill. lives. The frontline against breast can- provider, unaware if these providers cer is mammography. We know that lacked the necessary equipment, or By Ms. MIKULSKI (for herself, early detection saves lives. But a mam- even adequately trained technicians. Ms. SNOWE, Mrs. FEINSTEIN, mogram is worse than useless if it pro- The MQSA is helping to effectively Mrs. HUTCHISON, Mrs. BOXER, duces a poor-quality image or is mis- eliminate concerns of substandard Ms. MOSELEY-BRAUN, Mrs. MUR- interpreted. The first rule of all medi- mammography and its possibly tragic RAY, Ms. COLLINS, Ms. cal treatment is: Above all things, do results by assuring that only the cor- LANDRIEU, Mr. HARKIN, Mr. no harm. And a bad mammogram can rect radiological equipment is used in S2926 CONGRESSIONAL RECORD — SENATE April 9, 1997 mammography testing. Further, this later by the second President Roo- But, what is perfectly clear—what is legislation is assuring women that only sevelt. For those of us in the North- not in dispute—is that older women physicians adequately trained in this west, there is a very personal meaning should receive regular mammograms. medical area are interpreting mammo- to a line from Woody Guthrie’s song Mammograms save lives. And, the sci- grams. about the Columbia that goes: ‘‘your entific studies confirm it. If all women New to this legislation are some ad- power is turning our darkness to dawn, over 50 received regular mammograms, ditional requirements which seek to so roll on Columbia, roll on.’’ breast cancer mortality could be re- further assure women that their mam- If what is known now had been duced by one-third. The recommended mogram service produces the most ac- known then, some projects may have screening guidelines reflect this, no curate and timely detection of any been constructed differently. However, matter what group’s guidelines you irregularities. Mammography service that is not the question we have before read. The American Cancer Society, providers will now be required to retain us. The central question is whether and the American College of Obstetricians women’s mammogram records so that to what extent the Federal Govern- and Gynecologists, the American Medi- an accurate medical history is main- ment should seek to transfer the title cal Association, the American Acad- tained. Reauthorization of these qual- and responsibility for these projects. emy of Family Physicians, and the ity standards will also ensure that pa- Has the Federal mission been accom- American College of Physicians all rec- tients are notified about substandard plished? ommend that women over 50 receive mammography facilities. The best transfer case would be the annual mammograms. Now, here’s the problem. Women 65 I wish to commend Senator MIKULSKI single purpose irrigation or municipal and over have Medicare as their health for her leadership on this crucial legis- and industrial [M&I] system that is insurance. The guidelines tell them— lation. Again, it is my pleasure to join fully repaid, operation has long since and their doctors are telling them—to my colleagues in ensuring that quality been transferred, and the water rights get a mammogram once a year. But, mammography service is readily avail- are held privately. That is the case Medicare pays for mammograms only able, and I urge the Senate to act with the Burley Irrigation District once every 2 years. This means that an quickly and approve this critically im- transfer. The transfer of title is not a new elderly woman must pay the cost of portant measure for American women. idea. Authority to transfer title to the every other mammogram herself—or f All American Canal is contained in sec- go without a mammogram every other By Mr. CRAIG (for himself and tion 7 of the Boulder Canyon Project year. And, even when Medicare pays for Mr. KEMPTHORNE): Act of 1928. General authority is con- the mammogram, the woman is still S. 538. A bill to authorize the Sec- tained in the 1955 Distribution Systems responsible for at least 20 percent of retary of the Interior to convey certain Loan Act. Recently, Congress passed the cost. facilities of the Minidoka project to legislation dealing with Elephant The result, Mr. President, is that too the Burley Irrigation District and for Butte and Vermejo. many women are following Medicare’s other purposes; to the Committee on The Burley Irrigation District is part payment rules—and not getting test- Energy and Natural Resources. of the Minidoka project that was built ed—rather than following the scientific THE BURLEY IRRIGATION DISTRICT TRANSFER under the authorization of the 1902. guidelines—and being tested. ACT Reclamation Act. By a contract exe- Two years ago, a study was published in the New England Journal of Medi- ∑ Mr. CRAIG. Mr. President, I am cuted in 1926, the District assumed the today introducing a bill to authorize operation and maintenance of the sys- cine. It found that only 14.4 percent of the Secretary of the Interior to trans- tem. women without Medicare supplemental fer certain facilities at the Minidoka All construction contracts and costs insurance—that is, women who do not irrigation project to the Burley Irriga- for the canals system, pumping plants, have, on top of Medicare, private insur- ance that may cover mammograms on tion District. The introduction of this power house, transmission lines and an annual basis—only 14.4 percent of legislation results from a hearing I other improvements have been paid in full. Contracts for storage space at those women received even a mammo- held in the Senate Energy Committee Minidoka, American Falls, and Pali- gram once every 2 years, let alone an- in the past Congress and is nearly iden- sades reservoirs have been paid in full, nually. Even among those women with tical to S. 1291 from that Congress. I along with all maintenance fees. This supplemental insurance, less than half am introducing this project-specific project is a perfect example of the Fed- had a mammogram over the course of 2 legislation because it is obvious to me eral Government maintaining only a years. The study concluded that a a general transfer bill is not workable; bare title, and that title should now be woman’s inability to pay a share of the each reclamation project has unique transferred to the project recipients costs for mammograms ‘‘is an obstacle qualities, and projects should be ad- who have paid for the facilities and the to the effective mass screening of older dressed individually or in distinct rights of the Burley Irrigation Dis- women for breast cancer.’’ And, I would groupings. trict.∑ add, an obstacle to saving thousands of The Reclamation Act of 1902 was part lives. of the history of Federal public land By Mr. BIDEN (for himself, Ms. So, Mr. President, today I am intro- laws designed to transfer lands out of MIKULSKI, and Mr. TORRICELLI): ducing the Medicare Mammography Federal ownership and to settle this S. 540. A bill to amend title XVIII of Screening Expansion Act. This bill Nation. The origins of that policy pre- the Social Security Act to provide an- does two things. First, it would cover date the Constitution and derive from nual screening mammography and mammograms under Medicare once the early debates that led to the North- waive coinsurance for screening mam- every year, as recommended by the west Ordinance of 1787. The particular mography for women age 65 or older guidelines, instead of once every 2 needs and circumstances of the arid under the Medicare Program; to the years, which is now the law. Second, it and semiarid lands west of the 100th Committee on Finance. would eliminate the 20-percent copay- meridian led to various proposals to re- THE MEDICARE MAMMOGRAPHY SCREENING ment that is currently charged to claim the lands, including the Desert EXPANSION ACT women when they receive a mammo- Land Act and the Carey Act. In his ∑ Mr. BIDEN. Mr. President, there is gram, so that women are not discour- State of the Union Message of 1901, no doubt a lot of women in their forties aged from obtaining this important President Theodore Roosevelt finally who are awfully confused these days preventive measure because of the cost. called for the Federal Government to about whether they should receive a I should note that eliminating the co- intervene to develop the reservoirs and regular mammogram to test for breast payment is not unprecedented. Medi- works necessary to accomplish such ir- cancer. Over the last several years— care already does not charge copay- rigation. The reclamation program was and especially over the last couple of ments for flu shots and most clinical enormously successful. It grew from months—the debate in the scientific laboratory tests. the irrigation program contemplated community and the conflicting sci- Mr. President, we know that mam- by one President Roosevelt to the mas- entific studies have not painted a very mograms save lives. Yet, current Medi- sive works constructed four decades clear picture for younger women. care policy creates barriers that are April 9, 1997 CONGRESSIONAL RECORD — SENATE S2927 preventing women from seeking this have agreed to an improved stream tion and must not cause harm by will- simple, life-saving procedure. I urge flow in the Poudre River as a condition ful or criminal misconduct, gross neg- my colleagues to join me in making of the exchange and since many west- ligence, or reckless misconduct. mammography screenings more avail- erners would rather part with blood In other words, this act provides vol- able and more affordable for American than water, I think they’ve gone the unteers liability protection for simple women.∑ extra mile. negligence only. It does not provide This legislation is win/win for all in- immunity from suit for misconduct By Mr. ALLARD: volved. We should put all the politics that includes violent crimes, hate S. 541. A bill to provide for an ex- behind us, pass the legislation, and crimes, sex crimes, or civil rights vio- change of lands with the city of Gree- move on to matters that are less easily lations. It does not apply where the de- ley, CO, and the Water Supply and resolved. fendant was under the influence of Storage Co. to eliminate private drugs or alcohol. inholdings in wilderness areas, and for By Mr. COVERDELL (for himself, It is intended to protect volunteers other purposes; to the Committee on Mr. MCCONNELL, Mr. ABRAHAM, who make a simple, honest mistake. Energy and Natural Resources. Mr. SANTORUM, and Mr. The injured party will still have the re- THE ROCKWELL RANCH LAND TRANSFER ACT OF ASHCROFT): course of suing the organization itself 1997 S. 544. A bill to provide certain pro- to be made whole. Nonprofit organiza- Mr. ALLARD. Mr. President, today I tections to volunteers, nonprofit orga- tions will continue to have the duty to am introducing legislation that would nizations, and governmental entities in properly screen, train, and supervise provide for a land exchange between lawsuits based on the activities of vol- their volunteers. The organization’s li- the city of Greeley, the Water Supply unteers; to the Committee on the Judi- ability is not affected. But we will free and Storage Co., and the Forest Serv- ciary. the volunteers from fear of crushing ice. This legislation was introduced THE VOLUNTEER PROTECTION ACT OF 1997 lawsuits for mistakes made while try- last year and was passed by the House Mr. COVERDELL. Mr. President, in ing to do a good deed. of Representatives as part of the Pre- just a few weeks, on April 27–29, the Federalism concerns arise whenever sidio package. It’s my hope that we can Presidents’ Summit for America’s Fu- Congress takes up tort law. Our bill pass this legislation and have it signed ture will assemble in Philadelphia, co- gives States flexibility to impose con- into law before the session ends. chaired by President Clinton and Presi- ditions and make exceptions to the The city of Greeley and Water Supply dent Bush. This is an effort to mobilize granting of liability protection. It al- and Storage operate eight reservoirs in millions of citizens and thousands of lows States to affirmatively opt out of the Arapaho-Roosevelt National For- organizations to ensure a bright future this law for those cases where both the est. Because of the location of the res- for our youth and make effective citi- plaintiff and defendant are citizens of ervoirs they are operated under Forest zen service an integral part of the the State. Service supervision. This supervision American way of life. A number of This bill requires clear and convinc- has at times been controversial due to leading corporations and service orga- ing evidence of gross negligence before disputes concerning whether being lo- nizations have made specific commit- punitive damages may be awarded cated on Forest Service property al- ments of resources and volunteers to against a volunteer, nonprofit organi- lows them to divert water in the na- achieve the summit’s goal. zation, or governmental entity because tional forest for purposes other than The leaders at the summit will issue of a volunteer’s actions. It also estab- the benefit of the owners. The legisla- a great call to action for Americans, lishes a rule of proportionate liability tion I am introducing would benefit asking them to volunteer their time rather than joint and several liability Greeley and Water Supply and Storage and efforts in community service. This in suits based on the action of a volun- by allowing them to protect these sig- is in the best tradition of America. The teer. nificant investments. As an additional thread of helping your neighbor and Mr. President, the Volunteer Protec- benefit this legislation would put an taking an active part of civic life runs tion Act will encourage the spirit of end to a bitter dispute between Greeley all through the history of our Nation. civic involvement and volunteerism and the Forest Service. The national It is woven deeply into the fabric of our that is so crucial to a healthy civil so- forest would also greatly benefit from communities. It is a tie that binds us ciety and stronger communities. I urge this legislation. It would receive 708 together as a robust and healthy soci- my colleagues to support this legisla- acres of inholdings within the forest ety. tion. and the wilderness area. This land has Yet many who would heed that call Mr. President, I ask unanimous con- been sought by the Forest Service for to participate in the great tradition of sent that the text of the bill be printed some time and this exchange would fi- volunteerism will not do so. Not be- in the RECORD. nally allow them to consolidate valu- cause they lack the desire or the abil- There being no objection, the bill was able resources in Colorado. ity to help, but for fear of punitive liti- ordered to be printed in the RECORD, as I offered this same bill last year gation. In a recent Gallup study one in follows: when I was in the House of Representa- six volunteers reported withholding S. 544 tives. Unfortunately, it was caught up their services for fear of being sued. Be it enacted by the Senate and House of Rep- in election year politics, specifically, About 1 in 10 nonprofit groups report resentatives of the United States of America in my election. This year I want to put the resignation of a volunteer over liti- Congress assembled, that behind, and work toward passing gation fears. SECTION 1. SHORT TITLE. this legislation as negotiated over the That is why I am today introducing This Act may be cited as the ‘‘Volunteer past several years with Greeley, and the Volunteer Protection Act of 1997, a Protection Act of 1997’’. with Water Supply and Storage, and bill to grant immunity from personal SEC. 2. FINDINGS AND PURPOSE. with the Forest Service. civil liability, under certain cir- The Congress finds and declares that— (1) the willingness of volunteers to offer I believe that as introduced this leg- cumstances, to volunteers working for their services is deterred by the potential for islation strikes a balance between pro- nonprofit organizations and govern- liability actions against them and the orga- tecting the rights of my constituents mental entities. Senators MCCONNELL, nizations they serve; in Greeley and Thornton and protect- ABRAHAM, SANTORUM, and ASHCROFT (2) as a result, many nonprofit public and ing the environment. have joined me as original cosponsors. private organizations and governmental en- As currently drafted, Greeley and This act provides that no volunteer tities, including voluntary associations, so- Thornton have not only agreed to of a nonprofit organization or govern- cial service agencies, educational institu- transfer their inholdings, they have mental entity shall be liable for harm tions, and other civic programs, have been also agreed to continue to participate caused by the volunteer’s acts or omis- adversely affected by the withdrawal of vol- unteers from boards of directors and service in negotiations with a variety of gov- sions on behalf of the organization. To in other capacities; ernmental organizations and environ- enjoy this protection, the volunteer (3) the contribution of these programs to mental groups to designate habitat for must be acting within the scope of his their communities is thereby diminished, re- the whooping crane. Furthermore, they or her responsibilities in the organiza- sulting in fewer and higher cost programs S2928 CONGRESSIONAL RECORD — SENATE April 9, 1997 than would be obtainable if volunteers were difference to the rights or safety of the indi- 2331 of title 18) for which the defendant has participating; vidual harmed by the volunteer. been convicted in any court; (4) because Federal funds are expended on (b) CONCERNING RESPONSIBILITY OF VOLUN- (2) constitutes a hate crime (as that term useful and cost-effective social service pro- TEERS TO ORGANIZATIONS AND ENTITIES.— is used in the Hate Crime Statistics Act (28 grams, many of which are national in scope, Nothing in this section shall be construed to U.S.C. 534 note)); depend heavily on volunteer participation, affect any civil action brought by any non- (3) involves a sexual offense, as defined by and represent some of the most successful profit organization or any governmental en- applicable State law, for which the defend- public-private partnerships, protection of tity against any volunteer of such organiza- ant has been convicted in any court; volunteerism through clarification and limi- tion or entity. (4) involves misconduct for which the de- tation of the personal liability risks assumed (c) NO EFFECT ON LIABILITY OF ORGANIZA- fendant has been found to have violated a by the volunteer in connection with such TION OR ENTITY.—Except as provided under Federal or State civil rights law; or participation is an appropriate subject for subsection (e), nothing in this section shall (5) where the defendant was under the in- Federal legislation; be construed to affect the liability of any fluence (as determined pursuant to applica- (5) services and goods provided by volun- nonprofit organization or governmental en- ble State law) of intoxicating alcohol or any teers and nonprofit organizations would tity with respect to harm caused to any per- drug at the time of the misconduct. son. often otherwise be provided by private enti- SEC. 5. LIABILITY FOR NONECONOMIC LOSS. (d) EXCEPTIONS TO VOLUNTEER LIABILITY ties that operate in interstate commerce; (a) GENERAL RULE.—In any civil action PROTECTION.—If the laws of a State limit vol- (6) due to high liability costs and unwar- unteer liability subject to one or more of the against a volunteer, nonprofit organization, ranted litigation costs, volunteers and non- following conditions, such conditions shall or governmental entity based on an action of profit organizations face higher costs in pur- not be construed as inconsistent with this a volunteer acting within the scope of the chasing insurance, through interstate insur- section: volunteer’s responsibilities to a nonprofit or- ance markets, to cover their activities; and (1) A State law that requires a nonprofit ganization or governmental entity, the li- (7) reform efforts should respect the role of organization or governmental entity to ad- ability of each defendant who is a volunteer, the States in the development of civil justice here to risk management procedures, includ- nonprofit organization, or governmental en- rules, but recognize the national Govern- ing mandatory training of volunteers. tity for noneconomic loss shall be deter- ment’s role. (2) A State law that makes the organiza- mined in accordance with subsection (b). (b) PURPOSE.—The purpose of this Act is to tion or entity liable for the acts or omissions (b) AMOUNT OF LIABILITY.— promote the interests of social service pro- of its volunteers to the same extent as an (1) IN GENERAL.—Each defendant shall be gram beneficiaries and taxpayers and to sus- employer is liable for the acts or omissions liable only for the amount of noneconomic tain the availability of programs, nonprofit of its employees. loss allocated to the defendant in direct pro- organizations, and governmental entities (3) A State law that makes a limitation of portion to the percentage of responsibility of that depend on volunteer contributions by liability inapplicable if the volunteer was op- the defendant (determined in accordance reforming the laws to provide certain protec- erating a motor vehicle, vessel, aircraft, or with paragraph (2)) for the harm to the tions from liability abuses related to volun- other vehicle for which the State requires claimant with respect to which the defend- teers serving nonprofit organizations and the operator or vehicle owner to possess an ant is liable. The court shall render a sepa- governmental entities. operator’s license or to maintain insurance. rate judgment against each defendant in an SEC. 3. PREEMPTION AND ELECTION OF STATE (4) A State law that makes a limitation of amount determined pursuant to the preced- NONAPPLICABILITY. liability inapplicable if the civil action was ing sentence. (a) PREEMPTION.—This Act preempts the brought by an officer of a State or local gov- (2) PERCENTAGE OF RESPONSIBILITY.—For laws of any State to the extent that such ernment pursuant to State or local law. purposes of determining the amount of non- laws are inconsistent with this Act, except (5) A State law that makes a limitation of economic loss allocated to a defendant under that this Act shall not preempt any State liability applicable only if the nonprofit or- this section, the trier of fact shall determine law that provides additional protection from ganization or governmental entity provides a the percentage of responsibility of each per- liability relating to— financially secure source of recovery for in- son responsible for the claimant’s harm, (1) volunteers or to any category of volun- dividuals who suffer harm as a result of ac- whether or not such person is a party to the teers in the performance of services for a tions taken by a volunteer on behalf of the action. nonprofit organization or governmental en- organization or entity. A financially secure SEC. 6. DEFINITIONS. tity; and source of recovery may be an insurance pol- For purposes of this Act: (2) nonprofit organizations or govern- icy within specified limits, comparable cov- (1) ECONOMIC LOSS.—The term ‘‘economic mental entities. erage from a risk pooling mechanism, equiv- loss’’ means any pecuniary loss resulting (b) ELECTION OF STATE REGARDING NON- alent assets, or alternative arrangements from harm (including the loss of earnings or APPLICABILITY.—This Act shall not apply to that satisfy the State that the organization other benefits related to employment, medi- any civil action in a State court against a or entity will be able to pay for losses up to cal expense loss, replacement services loss, volunteer, nonprofit organization, or govern- a specified amount. Separate standards for loss due to death, burial costs, and loss of mental entity in which all parties are citi- different types of liability exposure may be business or employment opportunities) to zens of the State if such State enacts a stat- specified. the extent recovery for such loss is allowed ute— (e) LIMITATION ON PUNITIVE DAMAGES OF under applicable State law. (1) citing the authority of this subsection; VOLUNTEERS, NONPROFIT ORGANIZATIONS, AND (2) HARM.—The term ‘‘harm’’ includes (2) declaring the election of such State GOVERNMENTAL ENTITIES.— physical, nonphysical, economic, and non- that this Act shall not apply to such civil ac- (1) GENERAL RULE.—Punitive damages may economic losses. tion in the State; and not be awarded against a volunteer, non- (3) NONECONOMIC LOSSES.—The term ‘‘non- (3) containing no other provisions. profit organization, or governmental entity economic losses’’ means losses for physical SEC. 4. LIMITATION ON LIABILITY FOR VOLUN- in an action brought for harm because of the and emotional pain, suffering, inconven- TEERS. action of a volunteer acting within the scope ience, physical impairment, mental anguish, (a) LIABILITY PROTECTION FOR VOLUN- of the volunteer’s responsibilities to a non- disfigurement, loss of enjoyment of life, loss TEERS.—Except as provided in subsections (b) profit organization or governmental entity of society and companionship, loss of consor- and (d), no volunteer of a nonprofit organiza- unless the claimant establishes by clear and tium (other than loss of domestic service), tion or governmental entity shall be liable convincing evidence that the harm was hedonic damages, injury to reputation and for harm caused by an act or omission of the proximately caused by an action of such vol- all other nonpecuniary losses of any kind or volunteer on behalf of the organization or unteer which constitutes willful or criminal nature. entity if— misconduct, or a conscious, flagrant indiffer- (4) NONPROFIT ORGANIZATION.—The term (1) the volunteer was acting within the ence to the rights or safety of the individual ‘‘nonprofit organization’’ means— scope of the volunteer’s responsibilities in harmed. (A) any organization described in section the nonprofit organization or governmental (2) CONSTRUCTION.—Paragraph (1) does not 501(c)(3) of the Internal Revenue Code of 1986 entity at the time of the act or omission; create a cause of action for punitive damages and exempt from tax under section 501(a) of (2) if appropriate or required, the volunteer and does not preempt or supersede any State such Code; or was properly licensed, certified, or author- law to the extent that such law would fur- (B) any not-for-profit organization orga- ized by the appropriate authorities for the ther limit the award of punitive damages. nized and conducted for public benefit and activities or practice in the State in which (f) EXCEPTIONS TO LIMITATIONS ON LIABIL- operated primarily for charitable, civic, edu- the harm occurred, where the activities were ITY.—The limitations on the liability of a cational, religious, welfare, or health pur- or practice was undertaken within the scope volunteer, nonprofit organization, or govern- poses. of the volunteer’s responsibilities in the non- mental entity under this section shall not (5) STATE.—The term ‘‘State’’ means each profit organization or governmental entity; apply to any misconduct that— of the several States, the District of Colum- and (1) constitutes a crime of violence (as that bia, the Commonwealth of Puerto Rico, the (3) the harm was not caused by willful or term is defined in section 16 of title 18, Unit- Virgin Islands, Guam, American Samoa, the criminal misconduct, gross negligence, reck- ed States Code) or act of international ter- Northern Mariana Islands, any other terri- less misconduct, or a conscious, flagrant in- rorism (as that term is defined in section tory or possession of the United States, or April 9, 1997 CONGRESSIONAL RECORD — SENATE S2929 any political subdivision of any such State, vides a financially secure source of re- were $48 billion. That’s $465 billion territory, or possession. covery, such as an insurance policy for worth of nonprofit activity we enjoyed (6) VOLUNTEER.—The term ‘‘volunteer’’ those who suffer harm. in 1990 alone, Mr. President. means an individual performing services for I look forward to the Senate’s Nonprofit organizations rely heavily a nonprofit organization or a governmental entity who does not receive— prompt consideration of this bill. Our on volunteers, and Americans gladly (A) compensation (other than reimburse- communities are depending upon us to comply. According to a 1993 report ment or allowance for expenses actually in- enact this pro-volunteer legislation. from the Independent Sector, a na- curred); or The time has come for us to help those tional coalition of 800 organizations, (B) any other thing of value in lieu of com- who have given so much to all of us. Americans donated 9.7 billion hours of pensation, Mr. ABRAHAM. Mr. President, I am their time to nonprofit organizations in excess of $500 per year, and such term in- extremely pleased to rise today to join that year. This volunteer time pro- cludes a volunteer serving as a director, offi- my colleagues, Senator COVERDELL and duced the equivalent of 5.7 million full cer, trustee, or direct service volunteer. Senator MCCONNELL, in introducing the time volunteers, worth an estimated SEC. 7. EFFECTIVE DATE. Volunteer Protection Act of 1997. I $112 billion. (a) IN GENERAL.—This Act shall take effect commend Senators COVERDELL and Unfortunately voluntarism is declin- 90 days after the date of enactment of this MCCONNELL for their leadership in en- ing nationwide. According to the Inde- Act. couraging and supporting the volunta- pendent Sector report, the percentage (b) APPLICATION.—This Act applies to any claim for harm caused by an act or omission rism that is so important to commu- of Americans volunteering dropped of a volunteer where that claim is filed on or nities in Michigan and across this from 54 percent in 1989 to 51 percent in after the effective date of this Act, without country. 1991 and 48 percent in 1993. Americans regard to whether the harm that is the sub- This long overdue legislation will also are giving less money. The average ject of the claim or the conduct that caused provide volunteers and nonprofit orga- household’s charitable donation the harm occurred before such effective date. nizations with desperately needed re- dropped from $978 in 1989 to $880 in 1993. Mr. MCCONNELL. Mr. President, vol- lief from abusive lawsuits brought The decline of giving and volunteer- unteer service has become a high risk based on the activities of volunteers. ing spells danger for our voluntary or- venture. Our ‘‘sue happy’’ legal culture Those are precisely the activities that ganizations, for the people who depend has ensnared those selfless individuals we should be protecting and encourag- on them, and for the social trust that who help worthy organizations and in- ing. is based on the spirit of association. stitutions through volunteer service. Last Congress, I spoke on the floor But why is voluntarism on the de- And, these lawsuits are proof that no many times concerning the need for cline? Obviously there are a number of good deed goes unpunished. litigation reform and describing the relevant factors, not least among them In order to relieve volunteers from litigation abuses that plague our small the need so many people today feel to this unnecessary and unfair burden of businesses, our consumers, our schools, work ever-harder and ever-longer to liability, I am pleased to join in the in- and others. I came to Congress as a bear our growing tax burden. But one troduction of the Volunteer Protection freshman Senator intending to press major reason for the decline is Ameri- Act. for lawsuit reforms, and I did. I sup- ca’s litigation explosion. Nonprofit or- The litigation craze is hurting the ported the securities litigation reform ganizations are forced to spend an in- spirit of voluntarism that is an inte- legislation, which Congress success- creasing amount of time and resources gral part of American society. From fully enacted over the President’s veto, preparing for, avoiding, and/or fighting school chaperones to Girl Scout and and I also supported the product liabil- lawsuits. Thus litigation has rendered Boy Scout troop leaders to unpaid ity reform bill, which the President un- our nonprofit organizations less effec- rural doctors and nursing home aides, fortunately killed with his veto. I also tive at helping people, and allowed volunteers perform valuable services. introduced legislation with Senator Americans to retreat more into their And, these volunteers are being MCCONNELL to provide broader relief in private lives, and away from the pub- dragged into court and needlessly and all civil cases, and offered floor amend- lic, social activity that binds us to- unfairly sued. The end result? Too ments that would do the same. gether as a people. many people pointing fingers and too I continue to support broader civil The litigation costs facing voluntary few offering a helping hand. justice reforms and I particularly look associations are many. John Graham, So, this bill creates immunity from forward to considering product liabil- on behalf of the American Society of lawsuits for those volunteers who act ity reform legislation both in the Com- Association Executives [ASAE], gave within the scope of their responsibil- merce Committee and on the floor. But testimony last year arguing that liabil- ities, who are properly licensed or cer- I believe that our voluntary, nonprofit ity insurance premiums for associa- tified where necessary, and who do not organizations urgently need protection tions have increased an average 155 act in a willful, criminal or grossly from current lawsuit abuses. I encour- percent in recent years. Some of our negligent fashion. age my colleagues to consider the prob- most revered nonprofit institutions The bill recognizes that the States lems facing our community groups and have been put at risk by increased li- may enact their own form of volunteer their volunteers, and to support this ability costs. protection and provides that State legislation. I hope that in this instance Dr. Creightin Hale of Little League laws may permit the following: President Clinton will support this liti- Baseball reports that the liability rate A requirement that the organization gation reform bill, recognize the value for a league increased from $75 to $795 or entity adhere to risk management of volunteers and nonprofit groups, and in just 5 years. Many leagues cannot procedures, including the training of give them the protection they need to afford this added expense, on top of in- volunteers; keep doing their good deeds. creasing costs for helmets and other A requirement that the organization Nonprofit organizations hold our Na- equipment. These leagues operate with- or entity be accountable for the ac- tion together. In them we learn to care out insurance or disband altogether, tions of its volunteers in the same way for our neighbors. They are key to our often leaving children with no orga- that an employer is liable for the acts survival as a nation and we must pro- nized sports in their neighborhood. of its employees; tect them with systemic reforms. What kind of suits add to insurance An exemption from the liability pro- America has a vast interstate net- costs? ASAE reports that one New Jer- tection in the event the volunteer is work of 114,000 operating nonprofit or- sey umpire was forced by a court to using a motor vehicle or similar instru- ganizations, ranging from schools to pay a catcher $24,000. Why? Because the ment; hospitals to clinics to food programs. catcher was hit in the eye by a softball An exemption from the liability pro- This network’s revenues totaled $388 while playing without a mask. The tection if the lawsuit is brought by a billion in 1990. Meanwhile, revenues for catcher complained that the umpire State or local official; and the 19,000 support institutions, which should have lent him his. A requirement that the liability pro- raise money to fund operating organi- Organizations that try to escape sky- tection applies only if the nonprofit or- zations came to $29 billion. And total rocketing insurance costs must self-in- ganization or government entity pro- revenues for religious congregations sure, and Andrea Marisi of the Red S2930 CONGRESSIONAL RECORD — SENATE April 9, 1997 Cross will describe self-insurance costs No one can provide the meticulous cussed—where no real wrongdoing oc- only as ‘‘huge.’’ The result? Obviously, oversight demanded by the jury. Thus curred—the volunteer will not be we have fewer funds available for pro- volunteers are left at the mercy of forced to face and defend a lawsuit. viding services than would otherwise events, and juries, beyond their con- In lawsuits based on the actions of a be the case.’’ trol. volunteer, the bill limits the punitive Outside insurance generally comes Such unreasonable standards of care damages that can be awarded. It is un- with significant deductibles. Charles also penalize our nonprofit organiza- fortunate that charities and volunteers Kolb of the United Way points out that tions. Len Krugel of the Michigan Sal- have punitive damages awarded against insurance deductibles for his organiza- vation Army reports that regulations them in the first place, but they do— tion fall into the range of $25,000–30,000. and onerous legal standards often keep Congressman JOHN PORTER reports that When, as has been the case in recent his organization from giving troubled in August of 1990 a Chicago jury award- years, the organization is subjected to youths a second chance. Because the ed $12 million to a boy who was injured three or four lawsuits per year, $100,000 organization is held responsible for es- in a car crash. The ‘‘negligent’’ party? or more must be diverted from chari- sentially all actions by its employees The estate of the volunteer who gave table programs. and volunteers, it can take no risks in his life attempting to save the boy. And there are even more costs. Mr. hiring. Thus the Salvation Army can Under this bill, punitive damages in Kolb reports that the costs in lost time neither hire nor accept voluntary serv- cases involving the actions of a volun- and money spent on discovery, for ex- ices from any individual with any drug teer could be awarded against a volun- ample going through files for hours on conviction, including a 0.3 reading on a teer, nonprofit organization, or govern- end to establish who did what when, breathalyzer test for alcohol consump- ment entity only upon a showing by can run into the thousands of dollars. tion. As Mr. Krugel observes, ‘‘If we the claimant that the volunteer’s ac- Further, as the Boy Scouts’ William can’t give these kids a second chance, tion represented willful or criminal Cople puts it: ‘‘We bear increased costs who can?’’ misconduct, or showed a conscious, fla- from risk management programs of Then there is the problem of joint grant disregard for the rights and safe- many kinds—[including] those to pre- and several liability, in which one de- ty of the individual harmed. vent accidents. We have higher legal fendant is made to pay for all damages This should ensure that punitive bills as well. But even more of a prob- even though responsible for only a damages, which are intended only to lem is the need to find pro-bono help to small portion. Such findings are a se- punish a defendant and are not in- quell possible lawsuits. The Scouts vere burden on the United Way, a na- tended to compensate an injured per- must spend scarce time, and use up tional organization that sponsors nu- son, will only be available in situations scarce human capital in preventing merous local nonprofit groups. Al- where punishment really is called for suits. For example, 5 years ago the though it cannot control local oper- because of the egregious conduct of the General Counsel’s office, a pro-bono op- ations, the United Way often finds it- defendant. eration, committed less than 100 hours self a defendant in suits arising from The bill also protects volunteers per year on issues relating to lawsuits. injuries caused by the local entity. from excessive liability that they Last year we devoted about 750 hours Such holdings result from juries’ de- might face through joint and several li- to that duty.’’ The Boy Scouts must do sire to find someone with the funds ability. Under the doctrine of joint and less good so that they can defend them- necessary to pay for an innocent par- several liability, a plaintiff can obtain selves from lawsuits. ty’s injuries. But this search for the full damages from a defendant who is Frivolous lawsuits also increase costs deep pocket leads to what Ms. Marisi only slightly at fault. I have spoken by discouraging voluntarism. Dottie calls a ‘‘chilling effect’’ on Red Cross many times before about the unfair- Lewis of the Southwest Officials Asso- relations with other nonprofits. The ness that may result from the applica- ciation, which provides officials for Red Cross is now less willing to cooper- tion of this legal doctrine. The injus- scholastic games, observes, ‘‘Some of ate with smaller, more innovative local tice that results to volunteers and non- our people got to the point where they agencies that might make it more ef- profits is often even more acute, be- were just afraid to work because of the fective. cause they lack the resources to bear threat of lawsuits.’’ What makes this Thus nonprofits forbear from doing unfair judgments. fear worse is the knowledge that one good because they cannot afford the in- This bill strikes a balance by provid- need do no harm in order to be liable. surance, they cannot afford the loss of ing that, in cases based on the actions Take for example Powell versus Boy volunteers, they cannot afford the risk of a volunteer, any defendant that is a Scouts of America. While on an outing of frivolous lawsuits. volunteer, nonprofit organization, or with the Sea Explorers, a scouting unit The Volunteer Protection Act will government entity will be jointly and in the Boy Scouts’ Cascade Pacific address the danger to our nonprofit severally responsible for the full share Council, a youth suffered a tragic, sector, Mr. President. It will not solve of economic damages but will only be paralyzing injury in a rough game of all the problems facing our volunteers responsible for noneconomic damages touch football. Several adults had vol- and nonprofits, but it will provide vol- in proportion to the harm that that de- unteered to supervise the outing, but untary organizations with critical pro- fendant caused. That is a fair approach. none observed the game. The youth tection against improper litigation, at Finally, I would like to speak for a filed a personal injury lawsuit against the same time that it recognizes the moment about how this legislation pre- two of the adult volunteers. The jury ability of the States to take additional serves important principles of federal- found the volunteers liable for some $7 or even alternative protections in some ism and respects the role of the States. million, which Oregon law reduced to cases. By setting the standard for the First, the bill does not preempt State about $4 million—far more than the protection of volunteers outright, this legislation that provides greater pro- volunteers could possibly pay. bill provides much-needed lawsuit re- tections to volunteers. In this way, it What is more, as Cople points out, lief immediately to volunteers and sets up outer protections from which ‘‘the jury seemingly held the volun- nonprofits wherever they may be. Let all volunteers will benefit and permits teers to a standard of care requiring me briefly describe what this bill does. States to do more. Second, the bill in- them constantly to supervise the youth The bill protects volunteers from li- cludes an opt-out provision that per- entrusted to their charge, even for ac- ability unless they cause harm through mits States, in cases involving only tivities which under other cir- action that constitutes reckless mis- parties from that State, to affirma- cumstances may routinely be per- conduct, gross negligence, willful or tively elect to opt out of the protec- mitted without such meticulous over- criminal misconduct, or is in con- tions provided in the Volunteer Protec- sight.’’ scious, flagrant disregard for the rights tion Act. A State can do so by enacting One child’s tragedy led a jury to im- and safety of the individual harmed. a statute specifically providing for pose an unreasonable standard of care This ensures that where volunteers that. I suspect that no States will elect on individuals who, after all, had vol- truly exceed the bounds of appropriate to do so, but I feel that, as a matter of unteered their time and effort for an conduct they will be liable. But in the principle, it is important to include outing, not a football game. many ridiculous cases I have dis- that provision. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2931 In short, these reforms can help cre- S. 224 rate budget treatment of the dedicated ate a system in which plaintiffs sue At the request of Mr. WARNER, the tax revenues deposited in the Highway only when they have good reason—and name of the Senator from California Trust Fund. only those who are responsible for [Mrs. FEINSTEIN] was added as a co- S. 415 their damages—and in which only sponsor of S. 224, a bill to amend title At the request of Mr. BAUCUS, the those who are responsible must pay. 10, United States Code, to permit cov- name of the Senator from Indiana [Mr. Such reforms will create an atmos- ered beneficiaries under the military LUGAR] was added as a cosponsor of S. phere in which our fear of one another health care system who are also enti- 415, a bill to amend the Medicare Pro- will be lessened, and our ability to join tled to Medicare to enroll in the Fed- gram under title XVIII of the Social associations in which we learn to care eral Employees Health Benefits Pro- Security Act to improve rural health for one another will be significantly gram, and for other purposes. services, and for other purposes. greater. S. 253 S. 428 And that, Mr. President, will make At the request of Mr. LUGAR, the At the request of Mr. KOHL, the name for a better America. name of the Senator from Mississippi of the Senator from Connecticut [Mr. I urge my colleagues on both sides of [Mr. COCHRAN] was added as a cospon- DODD] was added as a cosponsor of S. the aisle to support this important sor of S. 253, a bill to establish the ne- 428, a bill to amend chapter 44 of title piece of legislation. gotiating objectives and fast track pro- 18, United States Code, to improve the f cedures for future trade agreements. safety of handguns. ADDITIONAL COSPONSORS S. 314 S. 436 At the request of Mr. THOMAS, the S. 4 At the request of Mr. ROTH, the name of the Senator from Alabama names of the Senator from Connecticut At the request of Mr. ASHCROFT, the [Mr. SHELBY] was added as a cosponsor names of the Senator from Alabama [Mr. LIEBERMAN], and the Senator from of S. 314, a bill to require that the Fed- Massachusetts [Mr. KENNEDY] were [Mr. SHELBY], the Senator from Ten- eral Government procure from the pri- added as cosponsors of S. 436, a bill to nessee [Mr. FRIST], and the Senator vate sector the goods and services nec- amend the Internal Revenue Code of from Utah [Mr. BENNETT] were added as essary for the operations and manage- cosponsors of S. 4, a bill to amend the 1986 to provide for the establishment of ment of certain Government agencies, Fair Labor Standards Act of 1938 to an intercity passenger rail trust fund, and for other purposes. provide to private sector employees the and for other purposes. same opportunities for time-and-a-half S. 364 S. 479 compensatory time off, biweekly work At the request of Mr. LIEBERMAN, the At the request of Mr. GRASSLEY, the programs, and flexible credit hour pro- name of the Senator from Indiana [Mr. names of the Senator from Kansas [Mr. grams as Federal employees currently COATS] was added as a cosponsor of S. ROBERTS], the Senator from Kentucky enjoy to help balance the demands and 364, a bill to provide legal standards [Mr. FORD], the Senator from Wyoming needs of work and family, to clarify the and procedures for suppliers of raw ma- [Mr. THOMAS], and the Senator from provisions relating to exemptions of terials and component parts for medi- Ohio [Mr. DEWINE] were added as co- certain professionals from the mini- cal devices. sponsors of S. 479, a bill to amend the mum wage and overtime requirements S. 371 Internal Revenue Code of 1986 to pro- of the Fair Labor Standards Act of At the request of Mr. GRASSLEY, the vide estate tax relief, and for other 1938, and for other purposes. name of the Senator from Iowa [Mr. purposes. S. 6 HARKIN] was added as a cosponsor of S. S. 493 At the request of Mr. SANTORUM, the 371, a bill to amend title XVIII of the At the request of Mr. KYL, the name names of the Senator from Iowa [Mr. Social Security Act to provide for in- of the Senator from Ohio [Mr. DEWINE] GRASSLEY] and the Senator from Utah creased Medicare reimbursement for was added as a cosponsor of S. 493, a [Mr. BENNETT] were added as cospon- physician assistants, to increase the bill to amend section 1029 of title 18, sors of S. 6, a bill to amend title 18, delivery of health services in health United States Code, with respect to United States Code, to ban partial- professional shortage areas, and for cellular telephone cloning parapherna- birth abortions. other purposes. lia. S. 61 S. 389 S. 494 At the request of Mr. LOTT, the At the request of Mr. ABRAHAM, the At the request of Mr. KYL, the name names of the Senator from New York name of the Senator from Arizona [Mr. of the Senator from Missouri [Mr. [Mr. MOYNIHAN], the Senator from KYL] was added as a cosponsor of S. 389, BOND] was added as a cosponsor of S. North Dakota [Mr. CONRAD], the Sen- a bill to improve congressional delib- 494, a bill to combat the overutilization ator from Maryland [Ms. MIKULSKI], eration on proposed Federal private of prison health care services and con- the Senator from Maine [Ms. COLLINS], sector mandates, and for other pur- trol rising prisoner health care costs. the Senator from Connecticut [Mr. poses. S. 495 LIEBERMAN], and the Senator from S. 394 At the request of Mr. KYL, the names Alaska [Mr. STEVENS] were added as co- At the request of Mr. HATCH, the of the Senator from Colorado [Mr. AL- sponsors of S. 61, a bill to amend title names of the Senator from Washington LARD], the Senator from Arkansas [Mr. 46, United States Code, to extend eligi- [Mr. GORTON], the Senator from Texas HUTCHINSON], the Senator from Okla- bility for veterans’ burial benefits, fu- [Mr. GRAMM], the Senator from Hawaii homa [Mr. INHOFE], and the Senator neral benefits, and related benefits for [Mr. INOUYE], and the Senator from from New Hampshire [Mr. SMITH] were veterans of certain service in the Unit- Massachusetts [Mr. KENNEDY] were added as cosponsors of S. 495, a bill to ed States merchant marine during added as cosponsors of S. 394, a bill to provide criminal and civil penalties for World War II. partially restore compensation levels the unlawful acquisition, transfer, or S. 71 to their past equivalent in terms of use of any chemical weapon or biologi- At the request of Mr. DASCHLE, the real income and establish the proce- cal weapon, and to reduce the threat of names of the Senator from Illinois [Mr. dure for adjusting future compensation acts of terrorism or armed aggression DURBIN] and the Senator from Louisi- of justices and judges of the United involving the use of any such weapon ana [Ms. LANDRIEU] were added as co- States. against the United States, its citizens, sponsors of S. 71, a bill to amend the S. 404 or Armed Forces, or those of any allied Fair Labor Standards Act of 1938 and At the request of Mr. BOND, the country, and for other purposes. the Civil Rights Act of 1964 to provide names of the Senator from Michigan S. 496 more effective remedies to victims of [Mr. ABRAHAM], and the Senator from At the request of Mr. CHAFEE, the discrimination in the payment of Arkansas [Mr. HUTCHINSON] were added names of the Senator from Vermont wages on the basis of sex, and for other as cosponsors of S. 404, a bill to modify [Mr. LEAHY] and the Senator from Mis- purposes. the budget process to provide for sepa- sissippi [Mr. COCHRAN] were added as S2932 CONGRESSIONAL RECORD — SENATE April 9, 1997 cosponsors of S. 496, a bill to amend the stroyed or confiscated as a means of break- efforts to restore this property to its rightful Internal Revenue Code of 1986 to pro- ing the spiritual devotion and allegiance of owners; and vide a credit against income tax to in- religious adherents; (6) urges post-Communist countries to pass Whereas Fascists, Nazis, and Communists dividuals who rehabilitate historic and effectively implement laws that provide have used foreign financial institutions to for restitution of, or compensation for, plun- homes or who are the first purchasers launder and hold wrongfully and illegally dered property. of rehabilitated historic homes for use confiscated property and convert it to their Mr. D’AMATO. Mr. President, at the as a principal residence. own personal use; close of last Congress, I submitted a SENATE JOINT RESOLUTION 24 Whereas some foreign financial institu- tions violated their fiduciary duty to their concurrent resolution addressing prop- At the request of Mr. LIEBERMAN, his customers by converting to their own use fi- erty claims issues in Central and East- name was added as a cosponsor of Sen- nancial assets belonging to Holocaust vic- ern Europe. Representative CHRIS- ate Joint Resolution 24, a joint resolu- tims while denying heirs access to these as- TOPHER H. SMITH, the cochairman of tion proposing an amendment to the sets; the Commission, submitted an iden- Constitution of the United States rel- Whereas refugees from communism, in ad- tical resolution in the House. Today, dition to being wrongly stripped of their pri- ative to equal rights for women and we are resubmitting this measure, and men. vate property, were often forced to relin- quish their citizenship in order to protect are joined by all the members of the SENATE CONCURRENT RESOLUTION 7 themselves and their families from reprisals Helsinki Commission as original co- At the request of Mr. SARBANES, the by the Communists who ruled their coun- sponsors. names of the Senator from Hawaii [Mr. tries; Mr. President, I wish I could report INOUYE], the Senator from Arkansas Whereas the participating states of the Or- to you that there has been improve- [Mr. BUMPERS], the Senator from New ganization for Security and Cooperation in ment in this area since our concurrent York [Mr. D’AMATO], the Senator from Europe have agreed to give full recognition resolution was submitted last Septem- Kentucky [Mr. FORD], and the Senator and protection to all types of property, in- cluding private property, as well as the right ber. Regrettably, there has not. Let me from New Mexico [Mr. BINGAMAN] were to prompt, just, and effective compensation give you just two examples of the kinds added as cosponsors of Senate Concur- in the event private property is taken for of cases that moved me to submit this rent Resolution 7, a concurrent resolu- public use; concurrent resolution. tion expressing the sense of Congress Whereas the countries of Central and East- In 1991, Latvia passed a restitution that Federal retirement cost-of-living ern Europe, as well as the Caucasus and law after regaining its independence adjustments should not be delayed. Central Asia, have entered a post-Com- from the Soviet empire. This law raised SENATE CONCURRENT RESOLUTION 13 munist period of transition and democratic development, and many countries have the hope that those forced from their At the request of Mr. SESSIONS, the begun the difficult and wrenching process of homes by the 1940 Soviet invasion, and names of the Senator from Wyoming trying to right the past wrongs of previous kept out by a 50-year occupation, [Mr. ENZI], the Senator from Indiana totalitarian regimes; would finally be able to return. And [Mr. COATS], and the Senator from Whereas restrictions which require those this is what Eso Anton Benjamins Oklahoma [Mr. INHOFE] were added as whose properties have been wrongly plun- thought, too, when in 1995 a Latvian cosponsors of Senate Concurrent Reso- dered by Nazi or Communist regimes to re- municipal court ordered that the cur- lution 13, a concurrent resolution ex- side in or have the citizenship of the country rent occupants of the Benjamins’ fam- pressing the sense of Congress regard- from which they now seek restitution or compensation are arbitrary and discrimina- ily home vacate the property. ing the display of the Ten Command- tory in violation of international law; and Unfortunately, the current occupant ments by Judge Roy S. Moore, a judge Whereas the rule of law and democratic is none other than the Russian Ambas- on the circuit court of the State of Ala- norms require that the activity of govern- sador to Latvia. The Russian Govern- bama. ments and their administrative agencies be ment has refused to move its represent- f exercised in accordance with the laws passed ative from the private property of Mr. by their parliaments or legislatures and such Benjamins, notwithstanding the Lat- SENATE CONCURRENT RESOLU- laws themselves must be consistent with vian court’s legal order to do so, and TION 19—RELATIVE TO PROP- international human rights standards: Now, ERTY CLAIMS therefore, be it the Latvian authorities have not evict- Resolved by the House of Representatives (the ed them. Mr. D’AMATO (for himself, Mr. Senate concurring). That the Congress— In the Czech Republic, things are not CAMPBELL, Mr. KEMPTHORNE, Mr. ABRA- (1) welcomes the efforts of many post-Com- much better. Under laws adopted after HAM, Mr. LAUTENBERG, Mr. GRAHAM, munist countries to address the complex and the Velvet Revolution, Susan Benda is Mr. REID, and Mr. FEINGOLD) submitted difficult question of the status of plundered theoretically eligible for the restitu- properties; the following concurrent resolution; tion of her family property, which had which was referred to the Committee (2) urges countries which have not already done so to return plundered properties to been confiscated by the Nazis but on Foreign Relations: their rightful owners or, as an alternative, which her family had been unable to S. CON. RES. 19 pay compensation, in accordance with prin- reclaim at the end of World War II. Whereas Fascist and Communist dictator- ciples of justice and in a manner that is just, Notwithstanding this eligibility under ships have caused immeasurable human suf- transparent, and fair; the law and the Czech Government’s fering and loss, degrading not only every (3) calls for the urgent return of property purported intention to restore Jewish conceivable human right, but the human formerly belonging to Jewish communities properties that had been seized by the spirit itself; as a means of redressing the particularly Whereas the villainy of communism was compelling problems of aging and destitute Nazis, the Czech Ministry of Finance dedicated, in particular, to the organized and survivors of the Holocaust; has arbitrarily imposed onerous and systematic destruction of private property (4) calls on the Czech Republic, Latvia, burdensome conditions for restitution ownership; Lithuania, Romania, Slovakia and any other which appear to be designed to defeat Whereas the wrongful and illegal country with restrictions which require the intent of the law. confiscation of property perpetrated by Fas- those whose properties have been wrongly So while Czech officials may tell us cist and Communist regimes was often spe- plundered by Nazi or Communist regimes to they have properly addressed this cifically designed to victimize people be- reside in or have the citizenship of the coun- cause of their religion, national or social ori- try from which they now seek restitution or issue, those seeking the return of gin, or expressed opposition to the regimes compensation to remove such restrictions wrongfully confiscated property in which repressed them; from their restitution or compensation laws; Prague find that an entirely different Whereas Fascists and Communists often (5) calls upon foreign financial institu- reality awaits them. obtained possession of properties confiscated tions, and the states having legal authority I am also deeply troubled by recent from the victims of the systems they ac- over their operation, that possess wrongfully reports that some $50 million may have tively supported; and illegally property confiscated from Holo- been embezzled from the funds received Whereas Jewish individuals and commu- caust victims, from residents of former War- by Ukraine from Germany for the vic- nities were often twice victimized, first by saw Pact states who were forbidden by Com- the Nazis and their collaborators and then munist law from obtaining restitution of tims of Nazi prosecution. It is impera- by the subsequent Communist regimes; such property, and from states that were oc- tive that the Ukrainian Government Whereas churches, synagogues, mosques, cupied by Nazi, Fascist, or Communist make an investigation into this matter and other religious properties were also de- forces, to assist and to cooperate fully with an urgent priority. Not only must this April 9, 1997 CONGRESSIONAL RECORD — SENATE S2933 money be found and returned to the Whereas Sam Rainsy, the leader of the tion that I have just introduced ex- rightful recipients, but immediate Khmer Nation Party, was the target of a ter- tends the Senate’s sympathy to the measures should be taken to ensure rorist grenade attack on March 30, 1997, dur- victims of the grenade attack, con- that this cannot happen again. ing a demonstration outside the Cambodia demns the bombing itself as an act of Americans who came to this country National Assembly; Whereas the attack killed 19 Cambodians terrorism, and calls upon the govern- to escape persecution are discovering and wounded more than 100 men, women, and ments of Cambodia and the United that, in many Central and East Euro- children; and States to cooperate in identifying and pean countries, they are once again Whereas among those injured was Ron prosecuting those individuals respon- being penalized, this time by discrimi- Abney, a United States citizen and employee sible for the attack. natory laws that restrict restitution or of the International Republican Institute I urge my colleagues to support this compensation to those who currently who was assisting in the advancement of de- resolution. mocracy in Cambodia and observing the hold the citizenship of or residency in f demonstration: Now, therefore, be it the country in question. This is the Resolved, That the Senate— AMENDMENTS SUBMITTED case in the Czech Republic, Latvia, (1) extends its sincerest sympathies to the Lithuania, Romania, and Slovakia. families of the persons killed, and the per- Mr. President, this status quo cannot sons wounded, in the March 30, 1997, terrorist THE NUCLEAR WASTE POLICY ACT continue. I know it is not possible to grenade attack outside the Cambodia Na- OF 1997 turn back the clock completely or tional Assembly; erase the wrongs that have been done. (2) condemns the attack as an act of ter- rorism detrimental to peace and the develop- I commend the many emerging democ- MURKOWSKI AMENDMENT NO. 26 racies attempting to address this com- ment of democracy in Cambodia; (3) calls upon the United States Govern- Mr. MURKOWSKI proposed an plex issue, acting on both a moral obli- ment to offer to the Cambodia Government amendment to the bill (S. 104) to gation to redress past wrongs and a de- all appropriate assistance in identifying and amend the Nuclear Waste Policy Act of sire to underscore the differences be- prosecuting those responsible for the attack; 1982; as follows: tween their new and old systems of and government. But more can and should (4) calls upon the Cambodia Government to Beginning on page 1, strike all after the accept such assistance and to expeditiously enacting clause and insert the following: be done—and this resolution calls for That the Nuclear Waste Policy Act of 1982 concrete steps. It deserves our support, identify and prosecute those responsible for the attack. is amended to read as follows: and the victims of past wrongs in this ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- region deserve our help. Mr. MCCAIN. Mr. President, on TENTS. I urge my colleagues to join with me March 30, 1997, there was a political ‘‘(a) SHORT TITLE.—This Act may be cited and the other cosponsors of this con- rally outside the Cambodian National as the ‘Nuclear Waste Policy Act of 1997’. current resolution in pressing for a Assembly in the capital city of Phnom ‘‘(b) TABLE OF CONTENTS.— fair, just, and timely property restitu- Penh. One of the participants in this ‘‘Sec. 1. Short title and table of contents. tion and compensation process so that rally was Sam Raimsy, a prominent op- ‘‘Sec. 2. Definitions. the victims of the Holocaust and subse- position figure and leader of the Khmer ‘‘TITLE I—OBLIGATIONS quent Communist oppression are not Nation Party. ‘‘Sec. 101. Obligations of the Secretary of denied what is rightfully theirs. In the course of the demonstration, Energy. f someone lobbed grenades into the ‘‘TITLE II—INTEGRATED MANAGEMENT crowd. Nineteen people were killed, in- SYSTEM SENATE RESOLUTION 69— cluding one of Sam Raimsy’s body- ‘‘Sec. 201. Intermodal transfer. RELATIVE TO CAMBODIA guards. More than a 100 others were in- ‘‘Sec. 202. Transportation planning. Mr. MCCAIN (for himself, Mr. KERRY, jured, one of which was an American ‘‘Sec. 203. Transportation requirements. Mr. HELMS, Mr. KERREY, Mr. ROBB, Mr. citizen, Mr. Ron Abney. Ron works for ‘‘Sec. 204. Viability assessment and Presi- dential determination. ROTH, and Mr. THOMAS) submitted the the International Republican Institute, ‘‘Sec. 205. Interim storage facility. following resolution; which was re- of which I am proud to be chairman. ‘‘Sec. 206. Permanent repository. ferred to the Committee on Foreign For years, Ron has worked with all po- ‘‘Sec. 207. Compliance with the National En- Relations: litical parties to promote free and vironment Policy Act. S. RES. 69 democratic institutions in Cambodia. ‘‘Sec. 208. Land withdrawal. Whereas Cambodia continues to recover We all hope for his prompt and com- ‘‘TITLE III—LOCAL RELATIONS from more than three decades of recent war- plete recovery from his injuries. ‘‘Sec. 301. Financial assistance. fare, including the genocide committed by Mr. President, this was a particularly ‘‘Sec. 302. On-site representative. the Khmer Rouge from 1975 to 1979; cowardly and brutal act of political ‘‘Sec. 303. Acceptance of benefits. Whereas Cambodia was the beneficiary of a terrorism. Among the killed and in- ‘‘Sec. 304. Restrictions on use of funds. massive international effort to ensure peace, ‘‘Sec. 305. Land conveyances. democracy, and prosperity after the October jured were many women and children. ‘‘TITLE IV—FUNDING AND 1991 Paris Agreements on a Comprehensive In addition, the real target of this at- ORGANIZATION Political Settlement of the Cambodia Con- tack was Cambodia’s efforts to build a flict; peaceful and democratic future on the ‘‘Sec. 401. Program funding. Whereas more than 93 percent of the Cam- ruins of the devastation wrought by ‘‘Sec. 402. Office of Civilian Radioactive Waste Management. bodians eligible to vote in the 1993 elections decades of war and tyranny. in Cambodia did so, thereby demonstrating ‘‘Sec. 403. Federal contribution. Immediately after the attack, I the commitment of the Cambodian people to ‘‘TITLE V—GENERAL AND democracy; wrote to Cambodia’s two Co-Prime MISCELLANEOUS PROVISIONS Ministers, Norodom Ranariddh and Whereas since those elections, Cambodia ‘‘Sec. 501. Compliance with other laws. has made significant economic progress Hun Sen, expressing my outrage and ‘‘Sec. 502. Judicial review of agency actions. which has contributed to economic stability demanding that the perpetrators of ‘‘Sec. 503. Licensing of facility expansions in Cambodia; this attack be brought to justice. I and transshipments. Whereas since those elections, the Cam- have received a response from Prince ‘‘Sec. 504. Siting a second repository. bodia Armed Forces have significantly di- ‘‘Sec. 505. Financial arrangements for low- minished the threat posed by the Khmer Ranariddh, in which he calls the March level radioactive waste site clo- Rouge to safety and stability in Cambodia; 30 atrocity a ‘‘most heinous and savage Whereas other circumstances in Cambodia, criminal act committed on innocent sure. ‘‘Sec. 506. Nuclear Regulatory Commission including the recent unsolved murders of and peace-loving people.’’ He also said journalists and political party activists, the training authority. that he had ordered ‘‘immediate meas- ‘‘Sec. 507. Emplacement schedule. recent unsolved attack on party officials of ures to be taken to arrest, try and sen- ‘‘Sec. 508. Transfer of title. the Buddhist Liberal Democratic Party in tence the criminal(s) and all those in- ‘‘Sec. 509. Decommissioning pilot program. 1995, and the quality of the judicial system— ‘‘Sec. 510. Water rights. described in a 1996 United Nations report as volved.’’ ‘‘thoroughly corrupt’’—raise international I believe, however, that it is also im- ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL concern for the state of democracy in Cam- portant for the Senate to make clear REVIEW BOARD bodia; its outrage at this attack. The resolu- ‘‘Sec. 601. Definitions. S2934 CONGRESSIONAL RECORD — SENATE April 9, 1997

‘‘Sec. 602. Nuclear Waste Technical Review ‘‘(10) DISPOSAL.—The term ‘disposal’ means ‘‘(B) the Commission, consistent with ex- Board. the emplacement in a repository of spent nu- isting law, classifies as low-level radioactive ‘‘Sec. 603. Functions. clear fuel, high-level radioactive waste, or waste. ‘‘Sec. 604. Investigatory powers. other highly radioactive material with no ‘‘(21) METRIC TONS URANIUM.—The terms ‘‘Sec. 605. Compensation of members. foreseeable intent of recovery, whether or ‘metric tons uranium’ and ‘MTU’ means the ‘‘Sec. 606. Staff. not such emplacement permits recovery of amount of uranium in the original ‘‘Sec. 607. Support services. such material for any future purpose. unirradiated fuel element whether or not the ‘‘Sec. 608. Report. ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- spent nuclear fuel has been reprocessed. ‘‘Sec. 609. Authorization of appropriations. posal system’ means all natural barriers and ‘‘(22) NUCLEAR WASTE FUND.—The terms ‘‘Sec. 610. Termination of the board. engineered barriers, and engineered systems ‘Nuclear Waste Fund’ and ‘waste fund’ mean ‘‘TITLE VII—MANAGEMENT REFORM and components, that prevent the release of the nuclear waste fund established in the ‘‘Sec. 701. Managing reform initiatives. radionuclides from the repository. United States Treasury prior to the date of ‘‘Sec. 702. Reporting. ‘‘(12) EMPLACEMENT SCHEDULE.—The term enactment of this Act under section 302(c) of ‘emplacement schedule’ means the schedule the Nuclear Waste Policy Act of 1982. ‘‘TITLE VIII—MISCELLANEOUS established by the Secretary in accordance ‘‘(23) OFFICE.—The term ‘Office’ means the ‘‘Sec. 801. Sense of the Senate. with section 507(a) for emplacement of spent Office of Civilian Radioactive Waste Manage- ‘‘Sec. 802. Effective date. nuclear fuel and high-level radioactive waste ment established within the Department ‘‘SEC. 2. DEFINITIONS. at the interim storage facility. prior to the date of enactment of this Act ‘‘For purposes of this Act: ‘‘(13) ENGINEERED BARRIERS AND ENGI- under the provisions of the Nuclear Waste ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- NEERED SYSTEMS AND COMPONENTS.—The Policy Act of 1982. cept’ and ‘acceptance’ mean the Secretary’s terms ‘engineered barriers’ and ‘engineered ‘‘(24) PROGRAM APPROACH.—The term ‘pro- act of taking possession of spent nuclear fuel systems and components,’ mean man-made gram approach’ means the Civilian Radio- or high-level radioactive waste. components of a disposal system. These active Waste Management Program Plan, ‘‘(2) AFFECTED INDIAN TRIBE.—The term ‘af- terms include the spent nuclear fuel or high- dated May 6, 1996, as modified by this Act, fected Indian tribe’ means any Indian tribe— level radioactive waste form, spent nuclear and as amended from time to time by the ‘‘(A) whose reservation is surrounded by or fuel package or high-level radioactive waste Secretary in accordance with this Act. borders an affected unit of local government, package, and other materials placed over and ‘‘(25) REPOSITORY.—The term ‘repository’ or around such packages. means a system designed and constructed ‘‘(B) whose federally defined possessory or ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The under title II of this Act for the geologic dis- usage rights to other lands outside of the term ‘high-level radioactive waste’ means— posal of spent nuclear fuel and high-level ra- reservation’s boundaries arising out of con- ‘‘(A) the highly radioactive material re- dioactive waste, including both surface and gressionally ratified treaties may be sub- sulting from the reprocessing of spent nu- subsurface areas at which spent nuclear fuel clear fuel, including liquid waste produced and high-level radioactive waste receipt, stantially and adversely affected by the lo- directly in reprocessing and any solid mate- handling, possession, safeguarding, and stor- cating of an interim storage facility or a re- rial derived from such liquid waste that con- age are conducted. pository if the Secretary of the Interior tains fission products in sufficient con- ‘‘(26) SECRETARY.—The term ‘Secretary’ finds, upon the petition of the appropriate centrations; and means the Secretary of Energy. governmental officials of the tribe, that such ‘‘(B) other highly radioactive material that ‘‘(27) SITE CHARACTERIZATION.—The term effects are both substantial and adverse to the Commission, consistent with existing ‘site characterization’ means activities, the tribe. law, determines by rule requires permanent whether in a laboratory or in the field, un- ‘‘(3) AFFECTED UNIT OF LOCAL GOVERN- isolation, which includes any low-level ra- dertaken to establish the geologic condition MENT.—The term ‘affected unit of local gov- dioactive waste with concentrations of radio- and the ranges of the parameters of a can- ernment’ means the unit of local government nuclides that exceed the limits established didate site relevant to the location of a re- with jurisdiction over the site of a repository by the Commission for class C radioactive pository, including borings, surface exca- or interim storage facility. Such term may, waste, as defined by section 61.55 of title 10, vations of exploratory facilities, limited sub- at the discretion of the Secretary, include Code of Federal Regulations, as in effect on surface lateral excavations and borings, and other units of local government that are con- January 26, 1983. in situ testing needed to evaluate the tiguous with such unit. ‘‘(15) FEDERAL AGENCY.—The term ‘Federal licensability of a candidate site for the loca- ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— agency’ means any Executive agency, as de- tion of a repository, but not including pre- The term ‘atomic energy defense activity’ fined in section 105 of title 5, United States liminary borings and geophysical testing means any activity of the Secretary per- Code. needed to assess whether site characteriza- formed in whole or in part in carrying out ‘‘(16) INDIAN TRIBE.—The term ‘Indian tion should be undertaken. any of the following functions: tribe’ means any Indian tribe, band, nation, ‘‘(28) SPENT NUCLEAR FUEL.—The term ‘‘(A) Naval reactors development. or other organized group or community of ‘spent nuclear fuel’ means fuel that has been ‘‘(B) Weapons activities including defense Indians recognized as eligible for the services withdrawn from a nuclear reactor following inertial confinement fusion. provided to Indians by the Secretary of the irradiation, the constituent elements of ‘‘(C) Verification and control technology. Interior because of their status as Indians in- which have not been separated by reprocess- ‘‘(D) Defense nuclear materials production. cluding any Alaska Native village, as defined ing. ‘‘(E) Defense nuclear waste and materials in section 3(c) of the Alaska Native Claims ‘‘(29) STORAGE.—The term ‘storage’ means byproducts management. Settlement Act (43 U.S.C. 1602(c)). retention of spent nuclear fuel or high-level ‘‘(F) Defense nuclear materials security ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— radioactive waste with the intent to recover and safeguards and security investigations. The term ‘integrated management system’ such waste or fuel for subsequent use, proc- ‘‘(G) Defense research and development. means the system developed by the Sec- essing, or disposal. ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— retary for the acceptance, transportation, ‘‘(30) WITHDRAWAL.—The term ‘withdrawal’ The term ‘civilian nuclear power reactor’ storage, and disposal of spent nuclear fuel has the same definition as that set forth in means a civilian nuclear power plant re- and high-level radioactive waste under title section 103(j) of the Federal Land Policy and quired to be licensed under section 103 or II of this Act. Management Act of 1976 (43 U.S.C. 1702(j)). 104b. of the Atomic Energy Act of 1954 (42 ‘‘(18) INTERIM STORAGE FACILITY.—The term ‘‘(31) YUCCA MOUNTAIN SITE.—The term U.S.C. 2133, 2134(b)). ‘interim storage facility’ means a facility de- ‘Yucca Mountain site’ means the area in the ‘‘(6) COMMISSION.—The term ‘Commission’ signed and constructed for the receipt, han- State of Nevada that is withdrawn and re- means the Nuclear Regulatory Commission. dling, possession, safeguarding, and storage served in accordance with this Act for the lo- ‘‘(7) CONTRACTS.—The term ‘contracts’ of spent nuclear fuel and high-level radio- cation of a repository. means the contracts, executed prior to the active waste in accordance with title II of ‘‘(32) ADMINISTRATOR.—The term ‘Adminis- date of enactment of the Nuclear Waste Pol- this Act. trator’ means the Administrator of the Envi- icy Act of 1997, under section 302(a) of the ‘‘(19) INTERIM STORAGE FACILITY SITE.—The ronmental Protection Agency. Nuclear Waste Policy Act of 1982, by the Sec- term ‘interim storage facility site’ means ‘‘(33) SUITABLE.—The term ‘suitable’ means retary and any person who generates or the specific site within Area 25 of Nevada that there is reasonable assurance that the holds title to spent nuclear fuel or high-level Test Site that is designated by the Secretary site features of a repository and the engi- radioactive waste of domestic origin for ac- and withdrawn and reserved in accordance neered barriers contained therein will allow ceptance of such waste or fuel by the Sec- with this Act for the location of the interim the repository, as an overall system, to pro- retary and the payment of fees to offset the storage facility. vide containment and isolation of radio- Secretary’s expenditures, and any subse- ‘‘(20) LOW-LEVEL RADIOACTIVE WASTE.—The nuclides sufficient to meet applicable stand- quent contracts executed by the Secretary term ‘low-level radioactive waste’ means ra- ards for protection of public health and safe- pursuant to section 401(a) of this Act. dioactive material that— ty. ‘‘(8) CONTRACT HOLDERS.—The term ‘con- ‘‘(A) is not spent nuclear fuel, high-level ‘‘TITLE I—OBLIGATIONS tract holders’ means parties (other than the radioactive waste, transuranic waste, or by- ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF Secretary) to contracts. product material as defined in section 11 e.(2) ENERGY. ‘‘(9) DEPARTMENT.—The term ‘Department’ of the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(a) DISPOSAL.—The Secretary shall de- means the Department of Energy. 2014(e)(2)); and velop and operate an integrated management April 9, 1997 CONGRESSIONAL RECORD — SENATE S2935 system for the storage and permanent dis- commence intermodal transfer at Caliente, BENEFITS SCHEDULE posal of spent nuclear fuel and high-level ra- Nevada. [amounts in millions] dioactive waste. ‘‘(d) REPLACEMENTS.—The Secretary shall ‘‘(b) INTERIM STORAGE.—The Secretary acquire and develop on behalf of, and dedi- Event Payment shall store spent nuclear fuel and high-level cate to, the City of Caliente, Nevada, parcels (A) Annual payments prior to first receipt of spent fuel ...... $2.5 radioactive waste from facilities designated of land and right-of-way within Lincoln (B) Annual payments beginning upon first spent fuel receipt ..... 5 by contract holders at an interim storage fa- County, Nevada, as required to facilitate re- (C) Payment upon closure of the intermodal transfer facility ...... 5 cility pursuant to section 205 in accordance placement of land and city wastewater dis- with the emplacement schedule, beginning posal facilities necessary to commence inter- ‘‘(2) DEFINITIONS.—For purposes of this sec- no later than 18 months after issuance of a modal transfer pursuant to this Act. Re- tion, the term— license for an interim storage facility under placement of land and city wastewater dis- ‘‘(A) ‘spent fuel’ means high-level radio- section 205(g). posal activities shall occur no later than 2 active waste or spent nuclear fuel; and ‘‘(c) TRANSPORTATION.—The Secretary shall years after the effective date of this section. ‘‘(B) ‘first spent fuel receipt’ does not in- clude receipt of spent fuel or high-level ra- provide for the transportation of spent nu- ‘‘(e) NOTICE AND MAP.—No later than 6 clear fuel and high-level radioactive waste months after the effective date of this sec- dioactive waste for purposes of testing or accepted by the Secretary. The Secretary tion, the Secretary shall— operational demonstration. shall procure all systems and components ‘‘(3) ANNUAL PAYMENTS.—Annual payments ‘‘(1) publish in the Federal Register a no- necessary to transport spent nuclear fuel and prior to first spent fuel receipt under para- tice containing a legal description of the high-level radioactive waste from facilities graph (1)(A) shall be made on the date of exe- sites and rights-of-way to be acquired under designated by contract holders to and among cution of the benefits agreement and there- this subsection; and facilities comprising the Integrated Manage- after on the anniversary date of such execu- ment System. Consistent with the Buy ‘‘(2) file copies of a map of such sites and tion. Annual payments after the first spent American Act (41 U.S.C. 10a–10c), unless the rights-of-way with the Congress, the Sec- fuel receipt until closure of the facility Secretary shall determine it to be inconsist- retary of the Interior, the State of Nevada, under paragraph (1)(C) shall be made on the ent with the public interest, or the cost to be the Archivist of the United States, the Board anniversary date of such first spent fuel re- unreasonable, all such systems and compo- of Lincoln County Commissioners, the Board ceipt. nents procured by the Secretary shall be of Nye County Commissioners, and the ‘‘(4) REDUCTION.—If the first spent fuel pay- manufactured in the United States, with the Caliente City Council. ment under paragraph (1)(B) is made within exception of any transportable storage sys- Such map and legal description shall have 6 months after the last annual payment prior tems purchased by contract holders prior to the same force and effect as if they were in- to the receipt of spent fuel under paragraph the effective date of the Nuclear Waste Pol- cluded in this Act. The Secretary may cor- (1)(A), such first spent fuel payment under icy Act of 1997 and procured by the Secretary rect clerical and typographical errors and paragraph (1)(B) shall be reduced by an from such contract holders for use in the in- legal descriptions and make minor adjust- amount equal to 1⁄12 of such annual payment tegrated management system. ments in the boundaries. under paragraph (1)(A) for each full month ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— ‘‘(f) IMPROVEMENTS.—The Secretary shall less than 6 that has not elapsed since the last The Secretary shall expeditiously pursue the make improvements to existing roadways se- annual payment under paragraph (1)(A). development of each component of the inte- lected for heavy-haul truck transport be- ‘‘(5) RESTRICTIONS.—The Secretary may grated management system, and in so doing tween Caliente, Nevada, and the interim not restrict the purposes for which the pay- shall seek to utilize effective private sector storage facility site as necessary to facili- ments under this section may be used. management and contracting practices. tate year-round safe transport of spent nu- ‘‘(6) DISPUTE.—In the event of a dispute ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In clear fuel and high-level radioactive waste. concerning such agreement, the Secretary shall resolve such dispute, consistent with administering the Integrated Management ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— this Act and applicable State law. System, the Secretary shall, to the maxi- The Commission shall enter into a Memoran- ‘‘(7) CONSTRUCTION.—The signature of the mum extent possible, utilize, employ, pro- dum of Understanding with the City of cure and contract with, the private sector to Secretary on a valid benefits agreement Caliente and Lincoln County, Nevada, to pro- under this section shall constitute a commit- fulfill the Secretary’s obligations and re- vide advice to the Commission regarding quirements under this Act. ment by the United States to make pay- intermodal transfer and to facilitate on-site ments in accordance with such agreement ‘‘(f) PRE-EXISTING RIGHTS.—Nothing in this representation. Reasonable expenses of such Act is intended to or shall be construed to under section 401(c)(2). representation shall be paid by the Sec- ‘‘(j) INITIAL LAND CONVEYANCES. modify— retary. ‘‘(1) any right of a contract holder under ‘‘(1) CONVEYANCES OF PUBLIC LANDS.—One ‘‘(h) BENEFITS AGREEMENT.— section 302(a) of the Nuclear Waste Policy hundred and twenty days after enactment of Act of 1982, or under a contract executed ‘‘(1) IN GENERAL.—The Secretary shall offer this Act, all right, title and interest of the prior to the date of enactment of this Act to enter into an agreement with the City of United States in the property described in under that section; or Caliente and Lincoln County, Nevada con- paragraph (2), and improvements thereon, to- ‘‘(2) obligations imposed upon the federal cerning the integrated management system. gether with all necessary easements for util- government by the U.S. District Court of ‘‘(2) AGREEMENT CONTENT.—Any agreement ities and ingress and egress to such property, Idaho in an order entered on October 17, 1995 shall contain such terms and conditions, in- including, but not limited to, the right to in United States v. Batt (No. 91–0054–S–EJL). cluding such financial and institutional ar- improve those easements, are conveyed by ‘‘(g) LIABILITY.—Subject to subsection (f), rangements, as the Secretary and agreement operation of law to the County of Lincoln, nothing in this Act shall be construed to entity determine to be reasonable and appro- Nevada, unless the county notifies the Sec- subject the United States to financial liabil- priate and shall contain such provisions as retary of Interior or the head of such other ity for the Secretary’s failure to meet any are necessary to preserve any right to par- appropriate agency in writing within 60 days deadline for the acceptance or emplacement ticipation or compensation of the City of of such date of enactment that it elects not of spent nuclear fuel or high-level radio- Caliente and Lincoln County, Nevada. to take title to all or any part of the prop- active waste for storage or disposal under ‘‘(3) AMENDMENT.—An agreement entered erty, except that any lands conveyed to the this Act. into under this subsection may be amended County of Lincoln under this subsection that only with the mutual consent of the parties are subject to a Federal grazing permit or ‘‘TITLE II—INTEGRATED MANAGEMENT lease or a similar federally granted permit or SYSTEM to the amendment and terminated only in accordance with paragraph (4). lease shall be conveyed between 60 and 120 ‘‘SEC. 201. INTERMODAL TRANSFER. ‘‘(4) TERMINATION.—The Secretary shall days of the earliest time the Federal agency ‘‘(a) ACCESS.—The Secretary shall utilize terminate the agreement under this sub- administering or granting the permit or heavy-haul truck transport to move spent section if any major element of the inte- lease would be able to legally terminate such nuclear fuel and high-level radioactive waste grated management system may not be com- right under the statutes and regulations ex- from the mainline rail line at Caliente, Ne- pleted. isting at the date of enactment of this Act, vada, to the interim storage facility site. unless Lincoln County and the affected hold- ‘‘(5) LIMITATION.—Only 1 agreement may be ‘‘(b) CAPABILITY DATE.—The Secretary er of the permit or lease negotiate an agree- in effect at any one time. shall develop the capability to commence ment that allows for an earlier conveyance. rail to truck intermodal transfer at Caliente, ‘‘(6) JUDICIAL REVIEW.—Decisions of the ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand- Nevada, no later than 18 months after issu- Secretary under this section are not subject ing any other law, the following public lands ance of a license under section 205(g) for an to judicial review. depicted on the maps and legal descriptions interim storage facility designated under ‘‘(i) CONTENT OF AGREEMENT. dated October 11, 1995, shall be conveyed section 204(c)(1). Intermodal transfer and re- ‘‘(1) SCHEDULE.—In addition to the benefits under paragraph (1) to the County of Lin- lated activities are incidental to the inter- to which the City of Caliente and Lincoln coln, Nevada: state transportation of spent nuclear fuel County is entitled to under this title, the Map 10: Lincoln County, Parcel M, Indus- and high-level radioactive waste. Secretary shall make payments under the trial Park Site ‘‘(c) ACQUISITIONS.—The Secretary shall ac- benefits agreement in accordance with the Map 11: Lincoln County, Parcel F, Mixed quire lands and rights-of-way necessary to following schedule: Use Industrial Site S2936 CONGRESSIONAL RECORD — SENATE April 9, 1997 Map 13: Lincoln County, Parcel J, Mixed ‘‘(A) be fully integrated with State and ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. Use, Alamo Community Expansion Area tribal government notification, inspection, ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- Map 14: Lincoln County, Parcel E, Mixed and emergency response plans along the pre- clear fuel or high-level radioactive waste Use, Pioche Community Expansion Area ferred shipping route or State-designated al- may be transported by or for the Secretary Map 15: Lincoln County, Parcel B, Landfill ternative route identified under subsection under this Act except in packages that have Expansion Site. (d) (unless the Secretary certifies in the plan been certified for such purposes by the Com- ‘‘(3) CONSTRUCTION.—The maps and legal that the State or tribal government has mission. descriptions of special conveyances referred failed to cooperate in fully integrating the ‘‘(b) STATE NOTIFICATION.—The Secretary to in paragraph (2) shall have the same force shipping campaign transportation plan with shall abide by regulations of the Commission and effect as if they were included in this the applicable State or tribal government regarding advance notification of State and Act. The Secretary may correct clerical and plans); and tribal governments prior to transportation typographical errors in the maps and legal ‘‘(B) be consistent with the principles and of spent nuclear fuel or high-level radio- descriptions and make minor adjustments in procedures developed for the safe transpor- active waste under this Act. the boundaries of the sites. tation of transuranic waste to the Waste Iso- ‘‘(c) TECHNICAL ASSISTANCE.— ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon lation Pilot Plant (unless the Secretary cer- ‘‘(1) IN GENERAL.— the request of the County of Lincoln, Ne- tifies in the plan that a specific principle or ‘‘(A) STATES AND INDIAN TRIBES.—As pro- vada, the Secretary of the Interior shall pro- procedure is inconsistent with a provision of vided in paragraph (3), the Secretary shall vide evidence of title transfer. this Act). provide technical assistance and funds to ‘‘(k) This section shall become effective on ‘‘(d) SAFE SHIPPING ROUTES AND MODES.— States and Indian tribes for training of pub- the date on which the Secretary submits a li- ‘‘(1) IN GENERAL.—The Secretary shall lic safety officials of appropriate units of cense application under section 205 for an in- evaluate the relative safety of the proposed State, local, and tribal governments. A State terim storage facility at a site designated shipping routes and shipping modes from shall allocate to local governments within under section 204(c)(1). each shipping origin to the interim storage the State a portion any funds that the Sec- facility or repository compared with the ‘‘SEC. 202. TRANSPORTATION PLANNING. retary provides to the State for technical as- safety of alternative modes and routes. ‘‘(a) TRANSPORTATION READINESS.—The sistance and funding. ‘‘(2) CONSIDERATIONS.—The evaluation ‘‘(B) EMPLOYEE ORGANIZATIONS.—The Sec- Secretary— under paragraph (1) shall be conducted in a ‘‘(1) shall take such actions as are nec- retary shall provide technical assistance and manner consistent with regulations promul- essary and appropriate to ensure that the funds for training directly to nonprofit em- gated by the Secretary of Transportation Secretary is able to transport safely spent ployee organizations and joint labor-man- under authority of chapter 51 of title 49, agement organizations that demonstrate ex- nuclear fuel and high-level radioactive waste United States Code, and the Nuclear Regu- from sites designated by the contract holders perience in implementing and operating latory Commission under authority of the worker health and safety training and edu- to mainline transportation facilities and Atomic Energy Act of 1954 (42 U.S.C. 2011 et from the mainline transportation facilities cation programs and demonstrate the ability seq.), as applicable. to reach and involve in training programs to the interim storage facility or repository, ‘‘(3) DESIGNATION OF PREFERRED SHIPPING target populations of workers who are or will using routes that minimize, to the maximum ROUTE AND MODE.—Following the evaluation be directly engaged in the transportation of practicable extent consistent with Federal under paragraph (1), the Secretary shall des- spent nuclear fuel and high-level radioactive requirements governing transportation of ignate preferred shipping routes and modes waste, or emergency response or post-emer- hazardous materials, transportation of spent from each civilian nuclear power reactor and gency response with respect to such trans- nuclear fuel and high-level radioactive waste Department of Energy facility that stores through populated areas; and spent nuclear fuel or other high-level defense portation. ‘‘(C) TRAINING.—Training under this sec- ‘‘(2) not later than 24 months after the Sec- waste. tion— retary submits a license application under ‘‘(4) SELECTION OF PRIMARY SHIPPING ‘‘(i) shall cover procedures required for safe section 205 for an interim storage facility ROUTE.—If the Secretary designates more shall, in consultation with the Secretary of than 1 preferred route under paragraph (3), routine transportation of materials and pro- Transportation and affected States and the Secretary shall select a primary route cedures for dealing with emergency response tribes, and after an opportunity for public after considering, at a minimum, historical situations; comment, develop and implement a com- accident rates, population, significant haz- ‘‘(ii) shall be consistent with any training prehensive management plan that ensures ards, shipping time, shipping distance, and standards established by the Secretary of safe transportation of spent nuclear fuel and mitigating measures such as limits on the Transportation under subsection (g); and high-level radioactive waste from the sites speed of shipments. ‘‘(iii) shall include— ‘‘(I) a training program applicable to per- designated by the contract holders to the in- ‘‘(5) USE OF PRIMARY SHIPPING ROUTE AND sons responsible for responding to emergency terim storage facility site. MODE.—Except in cases of emergency, for all ‘‘(b) TRANSPORTATION PLANNING.— shipments conducted under this Act, the situations occurring during the removal and ‘‘(1) IN GENERAL.—In conjunction with the Secretary shall cause the primary shipping transportation of spent nuclear fuel and development of the logistical plan in accord- route and mode or State-designated alter- high-level radioactive waste; ance with subsection (a), the Secretary shall native route under chapter 51 of title 49, ‘‘(II) instruction of public safety officers in update and modify, as necessary, the Sec- United States Code, to be used. If a route is procedures for the command and control of retary’s transportation institutional plans designated as a primary route for any reac- the response to any incident involving the to ensure that institutional issues are ad- tor or Department of Energy facility, the waste; and dressed and resolved on a schedule to support Secretary may use that route to transport ‘‘(III) instruction of radiological protection the commencement of transportation of spent nuclear fuel or high-level radioactive and emergency medical personnel in proce- spent nuclear fuel and high-level radioactive waste from any other reactor or Department dures for responding to an incident involving waste to the interim storage facility. of Energy facility. spent nuclear fuel or high-level radioactive ‘‘(2) MATTERS TO BE ADDRESSED.—Among ‘‘(6) TRAINING AND TECHNICAL ASSISTANCE.— waste being transported. other things, planning under paragraph (1) Following selection of the primary shipping ‘‘(2) NO SHIPMENTS IF NO TRAINING.—(A) shall provide a schedule and process for ad- routes, or State-designated alternative There will be no shipments of spent nuclear dressing and implementing, as necessary— routes, the Secretary shall focus training fuel and high-level radioactive waste ‘‘(A) transportation routing plans; and technical assistance under section 203(c) through the jurisdiction of any State or the ‘‘(B) transportation contracting plans; on those routes. reservation lands of any Indian Tribe eligible ‘‘(C) transportation training in accordance ‘‘(7) PREFERRED RAIL ROUTES.— for grants under paragraph (3)(B) unless with section 203; ‘‘(A) REGULATION.—Not later than 1 year technical assistance and funds to implement ‘‘(D) public education regarding transpor- after the date of enactment of the Nuclear procedures for the safe routine transpor- tation of spent nuclear fuel and high level Waste Policy Act of 1997, the Secretary of tation and for dealing with emergency re- radioactive waste; and Transportation, pursuant to authority under sponse situations under paragraph (1)(A) ‘‘(E) transportation tracking programs. other provisions of law, shall promulgate a have been available to a State or Indian ‘‘(c) SHIPPING CAMPAIGN TRANSPORTATION regulation establishing procedures for the se- Tribe for at least 3 years prior to any ship- PLANS.— lection of preferred routes for the transpor- ment: Provided, however, That the Secretary ‘‘(1) IN GENERAL.—The Secretary shall de- tation of spent nuclear fuel and nuclear may ship spent nuclear fuel and high-level velop a transportation plan for the imple- waste by rail. radioactive waste if technical assistance or mentation of each shipping campaign (as ‘‘(B) INTERIM PROVISION.—During the period funds have not been made available due to (1) that term is defined by the Secretary) from beginning on the date of enactment of the an emergency, including the sudden and un- each site at which high-level nuclear waste Nuclear Waste Policy Act of 1997 and ending foreseen closure of a highway or rail line or is stored, consistent with the principles and on the date of issuance of a final regulation the sudden and unforeseen need to remove procedures stated in Department of Energy under subparagraph (A), rail transportation spent fuel from a reactor because of an acci- Order No. 460.2 and the Program Manager’s of spent nuclear fuel and high-level radio- dent, or (2) the refusal to accept technical Guide. active waste shall be conducted in accord- assistance by a State or Indian Tribe, or (3) ‘‘(2) REQUIREMENTS.—A shipping campaign ance with regulatory requirements in effect fraudulent actions which violate Federal law transportation plan shall— on that date and with this section. governing the expenditure of Federal funds. April 9, 1997 CONGRESSIONAL RECORD — SENATE S2937 ‘‘(B) In the event the Secretary is required clear fuel and high-level radioactive waste, ‘‘SEC. 204. VIABILITY ASSESSMENT AND PRESI- to transport spent fuel or high level radio- with an emphasis upon those States, units of DENTIAL DETERMINATION. active waste through a jurisdiction prior to local government, and Indian tribes through ‘‘(a) VIABILITY ASSESSMENT.—No later than 3 years after the provision of technical as- whose jurisdiction the Secretary plans to December 1, 1998, the Secretary shall provide sistance or funds to such jurisdiction, the transport substantial amounts of spent nu- to the President and to the Congress a via- Secretary shall, prior to such shipment, hold clear fuel or high-level radioactive waste. bility assessment of the Yucca Mountain meetings in each State and Indian reserva- ‘‘(e) COMPLIANCE WITH TRANSPORTATION site. The viability assessment shall include— tion through which the shipping route passes REGULATIONS.—Any person that transports ‘‘(1) the preliminary design concept for the in order to present initial shipment plans spent nuclear fuel or high-level radioactive critical elements of the repository and waste and receive comments. Department of En- waste under the Nuclear Waste Policy Act of package; ergy personnel trained in emergency re- 1997, pursuant to a contract with the Sec- ‘‘(2) a total system performance assess- sponse shall escort each shipment. Funds retary, shall comply with all requirements ment, based upon the preliminary design and all Department of Energy training re- governing such transportation issued by the concept in paragraph (1) of this subsection sources shall be made available to States and Federal, State and local governments, and and the scientific data and analysis available Indian Tribes along the shipping route no Indian tribes, in the same way and to the on June 30, 1998, describing the probable be- later than three months prior to the com- same extent that any person engaging in havior of the repository relative to the over- mencement of shipments: Provided, however, that transportation that is in or affects all system performance standard under sec- That in no event shall such shipments exceed interstate commerce must comply with such tion 206(f) of this Act or, if the standard 1,000 metric tons per year, And provided fur- requirements, as required by 49 U.S.C. sec. under section 206(f) has not been promul- ther, That no such shipments shall be con- 5126. gated, relative to an estimate by the Sec- ducted more than four years after the effec- ‘‘(f) EMPLOYEE PROTECTION.—Any person retary of an overall system performance engaged in the interstate commerce of spent tive date of the Nuclear Waste Policy Act of standard that is consistent with section nuclear fuel or high-level radioactive waste 1997. 206(f); under contract to the Secretary pursuant to ‘‘(3) GRANTS.— ‘‘(3) a plan and cost estimate for the re- this Act shall be subject to and comply fully ‘‘(A) IN GENERAL.—To implement this sec- maining work required to complete the li- tion, grants shall be made under section with the employee protection provisions of cense application under section 206(c) of this 401(c)(2). 49 U.S.C. 20109 (in the case of employees of Act, and railroad carriers) and 49 U.S.C. 31105 (in the ‘‘(B) GRANTS FOR DEVELOPMENT OF PLANS.— ‘‘(4) an estimate of the costs to construct case of employees operating commercial ‘‘(i) IN GENERAL.—The Secretary shall and operate the repository in accordance motor vehicles), or the Commission (in the make a grant of at least $150,000 to each with the preliminary design concept in para- case of all other employees). State through the jurisdiction of which and graph (1) of this subsection. ‘‘(g) TRAINING STANDARD.—(1) No later than each federally recognized Indian tribe 12 months after the date of enactment of the ‘‘(b) PRESIDENTIAL DETERMINATION.—No through the reservation lands of which a Nuclear Waste Policy Act of 1997, the Sec- later than March 1, 1999, the President, in his shipment of spent nuclear fuel or high-level retary of Transportation, pursuant to au- sole and unreviewable discretion, may make radioactive waste will be made under this thority under other provisions of law, in con- a determination disqualifying the Yucca Act for the purpose of developing a plan to sultation with the Secretary of Labor and Mountain site as a repository, based on the prepare for such shipments. the Commission, shall promulgate a regula- President’s views that the preponderance of ‘‘(ii) LIMITATION.—A grant shall be made tion establishing training standards applica- information available at such time indicates under clause (i) only to a State or a federally ble to workers directly involved in the re- that the Yucca Mountain site is not suitable recognized Indian tribe that has the author- moval and transportation of spent nuclear for development of a repository of useful ity to respond to incidents involving ship- fuel and high-level radioactive waste. The size. If the President makes a determination ments of hazardous material. regulation shall specify minimum training under this subsection, ‘‘(C) GRANTS FOR IMPLEMENTATION OF standards applicable to workers, including ‘‘(1) the Secretary shall cease all activities PLANS.— managerial personnel. The regulation shall (except necessary termination activities) at ‘‘(i) IN GENERAL.—Annual implementation require that the employer possess evidence the Yucca Mountain site and section 206 of grants shall be made to States and Indian of satisfaction of the applicable training this Act shall cease to be in effect; and tribes that have developed a plan to prepare standard before any individual may be em- ‘‘(2) no later than 6 months after such de- for shipments under this Act under subpara- ployed in the removal and transportation of termination, the Secretary shall report to graph (B). The Secretary, in submitting the spent nuclear fuel and high-level radioactive Congress on the need for additional legisla- annual department budget to Congress for waste. tion relating to the permanent disposal of funding of implementation grants under this ‘‘(2) If the Secretary of Transportation de- nuclear waste. section, shall be guided by the State and termines, in promulgating the regulation re- ‘‘(c) PRELIMINARY SECRETARIAL DESIGNA- tribal plans developed under subparagraph quired by subparagraph (1), that regulations TION OF INTERIM STORAGE FACILITY SITES.— (B). As part of the Department of Energy’s promulgated by the Commission establish ‘‘(1) If the President does not make a deter- annual budget request, the Secretary shall adequate training standards for workers, mination under subsection (b) of this sec- report to Congress on— then the Secretary of Transportation can re- tion, no later than March 31, 1999, the Sec- ‘‘(I) the funds requested by States and fed- frain from promulgating additional regula- retary shall make a preliminary designation erally recognized Indian tribes to implement tions with respect to worker training in such of a specific site within Area 25 of the Ne- this subsection; activities. The Secretary of Transportation vada Test Site for planning and construction ‘‘(II) the amount requested by the Presi- and the Commission shall work through of an interim storage facility under section dent for implementation; and their Memorandum of Understanding to en- 205. ‘‘(III) the rationale for any discrepancies sure coordination of worker training stand- ‘‘(2) Within 18 months of a determination between the amounts requested by States ards and to avoid duplicative regulation. by the President that the Yucca Mountain and federally recognized Indian tribes and ‘‘(3) The training standards required to be site is unsuitable for development as a repos- the amounts requested by the President. promulgated under subparagraph (1) shall, itory under subsection (b), the President ‘‘(ii) ALLOCATION.—Of funds available for among other things deemed necessary and shall designate a site for the construction of grants under this subparagraph for any fiscal appropriate by the Secretary of Transpor- an interim storage facility. The President year— tation, include the following provisions— shall not designate the Hanford Nuclear Res- ‘‘(I) 25 percent shall be allocated by the ‘‘(A) a specified minimum number of hours Secretary to ensure minimum funding and ervation in the State of Washington as a site of initial off site instruction and actual field for construction of an interim storage facil- program capability levels in all States and experience under the direct supervision of a Indian tribes based on plans developed under ity. If the President does not designate a site training, experienced supervisor; for the construction of an interim storage fa- subparagraph (B); and ‘‘(B) a requirement that onsite managerial cility, or the construction of an interim stor- ‘‘(II) 75 percent shall be allocated to States personnel receive the same training as work- age facility at the designated site is not ap- and Indian tribes in proportion to the num- ers, and a minimum number of additional proved by law within 24 months of the Presi- ber of shipment miles that are projected to hours of specialized training pertinent to dent’s determination that the Yucca Moun- be made in total shipments under this Act their managerial responsibilities; and through each jurisdiction. ‘‘(C) a training program applicable to per- tain site is not suitable for development as a ‘‘(4) AVAILABILITY OF FUNDS FOR SHIP- sons responsible for responding to and clean- repository, the interim storage facility site MENTS.—Funds under paragraph (1) shall be ing up emergency situations occurring dur- as defined in section 2(19) of this Act is des- provided for shipments to an interim storage ing the removal and transportation of spent ignated as the interim storage facility site facility or repository, regardless of whether nuclear fuel and high-level radioactive for purposes of section 205. The interim stor- the interim storage facility or repository is waste. age facility site shall be deemed to be ap- operated by a private entity or by the De- ‘‘(4) There is authorized to be appropriated proved by law for purposes of this paragraph. partment of Energy. to the Secretary of Transportation, from ‘‘SEC. 205. INTERIM STORAGE FACILITY. ‘‘(d) PUBLIC EDUCATION.—The Secretary general revenues, such sums as may be nec- ‘‘(a) NON-SITE-SPECIFIC ACTIVITIES.—As shall conduct a program to educate the pub- essary to perform his duties under this sub- soon as practicable after the date of enact- lic regarding the transportation of spent nu- section. ment of the Nuclear Waste Policy Act of S2938 CONGRESSIONAL RECORD — SENATE April 9, 1997 1997, the Secretary shall submit to the Com- certified by the Commission, to ensure com- licensing, construction, or operation of the mission a topical safety analysis report con- patibility between the interim storage facil- interim storage facility. taining a generic design for an interim stor- ity and contract holders’ spent nuclear fuel ‘‘SEC. 206. PERMANENT REPOSITORY. age facility. If the Secretary has submitted and facilities, and to facilitate the Sec- ‘‘(a) REPOSITORY CHARACTERIZATION.— such a report prior to such date of enact- retary’s ability to meet the Secretary’s obli- ‘‘(1) CHARACTERIZATION OF THE YUCCA MOUN- ment, the report shall be deemed to have sat- gations under this Act. TAIN SITE.—The Secretary shall carry out isfied the requirement in the preceding sen- ‘‘(2) The Secretary shall consent to an site characterization activities at the Yucca tence. No later than December 31, 1998, the amendment to the contracts to provide for Mountain site in accordance with the Sec- Commission shall issue a safety evaluation reimbursement to contract holders for trans- retary’s program approach to site character- report approving or disapproving the generic portable storage systems purchased by con- ization. Such activities shall be limited to design submitted by the Secretary. tract holders if the Secretary determines only those activities which the Secretary ‘‘(b) SITE-SPECIFIC AUTHORIZATION.—The that it is cost effective to use such trans- considers necessary to provide the data re- Secretary shall design, construct, and oper- portable storage systems as part of the inte- quired for evaluation of the suitability of ate a facility for the interim storage of spent grated management system, provided that such site for an application to be submitted nuclear fuel and high-level radioactive waste the Secretary shall not be required to expend to the Commission for a construction au- at the interim storage facility site des- any funds to modify contract holders’ stor- thorization for a repository at such site, and ignated under section 204 and licensed by the age or transport systems or to seek addi- for compliance with the National Environ- Commission under this section. The Commis- tional regulatory approvals in order to use mental Policy Act of 1969 (42 U.S.C. 4321 et sion shall license the interim storage facility such systems. seq.). in accordance with the Commission’s regula- ‘‘(f) LICENSE AMENDMENTS.— ‘‘(2) GUIDELINES.—The Secretary shall tions governing the licensing of independent ‘‘(1) The Secretary may seek such amend- amend the guidelines in part 960 of title 10, storage of spent nuclear fuel and high-level ments to the license for the interim storage Code of Federal Regulations, to base any radioactive waste (10 CFR part 72). Such reg- facility as the Secretary may deem appro- conclusions regarding whether a repository ulations shall be amended by the Commis- priate, including amendments to use new site is suitable on, to the extent practicable, sion as necessary to implement the provi- storage technologies licensed by the Com- an assessment of total system performance sions of this Act. The Commission may mission or to respond to changes in Commis- of the repository. amend 10 CFR part 72 with regard to facili- sion regulations. ‘‘(b) ENVIRONMENTAL IMPACT STATEMENT.— ties not covered by this Act as deemed ap- ‘‘(2) After receiving a license from the ‘‘(1) PREPARATION OF ENVIRONMENTAL IM- propriate by the Commission. Commission to receive and store spent nu- PACT STATEMENT.—Construction and oper- ‘‘(c) LIMITATIONS AND CONDITIONS.— clear fuel and high-level radioactive waste in ation of the repository shall be considered a ‘‘(1) The Secretary shall not commence the permanent repository, the Secretary major Federal action significantly affecting construction of an interim storage facility shall seek such amendments to the license the quality of the human environment for (which shall mean taking actions within the for the interim storage facility as will per- purposes of the National Environmental Pol- meaning of the term ‘‘commencement of mit the optimal use of such facility as an in- icy Act of 1969 (42 U.S.C. 4321 et seq.). The construction’’ contained in the Commission’s tegral part of a single system with the repos- Secretary shall prepare an environmental regulations in section 72.3 of title 10, Code of itory. impact statement on the construction and Federal Regulations) before the Commission, ‘‘(g) COMMISSION ACTIONS.— operation of the repository and shall submit or an appropriate officer or Board of the ‘‘(1) The issuance of a license to construct such statement to the Commission with the Commission, makes the finding under sec- and operate an interim storage facility shall license application. The Secretary shall sup- tion 72.40(b) of title 10, Code of Federal Regu- be considered a major Federal action signifi- plement such environmental impact state- lations. cantly affecting the quality of the human en- ment as appropriate. ‘‘(2) After the Secretary makes the pre- vironment for purposes of the National Envi- ‘‘(2) SCHEDULE.— liminary designation of an interim storage ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(A) No later than September 30, 2000, the site under section 204, the Secretary may et seq.). Prior to issuing a license under this Secretary shall publish the final environ- commence site data acquisition activities section, the Commission shall prepare a final mental impact statement under paragraph and design activities necessary to complete environmental impact statement in accord- (1) of this subsection. license application and environmental report ance with the National Environmental Pol- ‘‘(B) No later than October 31, 2000, the under subsection (d) of this section. icy Act of 1969, the Commission’s regula- Secretary shall publish a record of decision ‘‘(3) Notwithstanding any other applicable tions, and section 207 of this Act. The Com- licensing requirement, the Secretary may on applying for a license to construct and op- mission shall ensure that this environmental erate a repository at the Yucca Mountain utilize facilities owned by the Federal gov- impact statement is consistent with the ernment on the date of enactment of the Nu- site. scope of the licensing action and shall ana- ‘‘(c) LICENSE APPLICATION.— clear Waste Policy Act of 1997 and located lyze the impacts of transportation of spent within the boundaries of the interim storage ‘‘(1) SCHEDULE.—No later than October 31, nuclear fuel and high-level radioactive waste 2001, the Secretary shall apply to the Com- site, in connection with addressing any im- to the interim storage facility in a generic minent and substantial endangerment to mission for authorization to construct a re- manner. pository at the Yucca Mountain site. public health and safety at the interim stor- ‘‘(2) The Commission shall issue a final de- age facility site, prior to receiving a license ‘‘(2) MAXIMIZING CAPACITY.—In developing cision granting or denying a license for an an application for authorization to construct from the Commission for the interim storage interim storage facility not later than 32 facility, for purposes of fulfilling require- the repository, the Secretary shall seek to months after the date of submittal of the ap- maximize the capacity of the repository, in ments for retrievability during the first five plication for such license. years of operation of the interim storage fa- the most cost-effective manner, consistent ‘‘(3) No later than 32 months following the with the need for disposal capacity. cility. date of enactment of the Nuclear Waste Pol- ‘‘(d) LICENSE APPLICATION.—No later than ‘‘(3) DECISION NOT TO APPLY FOR A LICENSE icy Act of 1997, the Commission shall make 30 days after the date on which the Secretary FOR THE YUCCA MOUNTAIN SITE.—If, at any any amendments necessary to the definition makes a preliminary designation of an in- time prior to October 31, 2001, the Secretary of ‘spent nuclear fuel’ in section 72.4 of title terim storage facility site under section 204, determines that the Yucca Mountain site is 10, Code of Federal Regulations, to allow an the Secretary shall submit a license applica- not suitable or cannot satisfy the Commis- interim storage facility to accept (subject to tion and an environmental report in accord- sion’s regulations applicable to the licensing such conditions as the Commission may re- ance with applicable regulations (subpart B of a geological repository, the Secretary quire in a subsequent license)— of part 72 of title 10, Code of Federal Regula- shall— ‘‘(A) spent nuclear fuel from research reac- tions, and subpart A of part 51 of title 10, ‘‘(A) notify the Congress and the State of tors; Code of Federal Regulations, respectively). Nevada of the Secretary’s determinations ‘‘(B) spent nuclear fuel from naval reac- The license application— and the reasons therefor; and tors; ‘‘(1) shall be for a term of 40 years; and ‘‘(B) promptly take the actions described (2) shall be for a quantity of spent nuclear ‘‘(C) high-level radioactive waste of domes- in paragraphs (1) and (2) of section 204(b). fuel or high-level radioactive waste equal to tic origin from civilian nuclear reactors that ‘‘(d) REPOSITORY LICENSING.—The Commis- the quantity that would be emplaced under have permanently ceased operation before sion shall license the repository according to section 507 prior to the date that the Sec- such date of enactment; and the following procedures: retary estimates, in the license application, ‘‘(D) spent nuclear fuel and high-level ra- ‘‘(1) CONSTRUCTION AUTHORIZATION.—The to be the date on which the Secretary will dioactive waste from atomic energy defense Commission shall grant the Secretary a con- receive and store spent nuclear fuel and activities. struction authorization for the repository, high-level radioactive waste at the perma- Following any such amendments, the Sec- subject to such requirements or limitations nent repository. retary shall seek authority, as necessary, to as the Commission may incorporate pursu- ‘‘(e) DESIGN.— store such fuel and waste at the interim ant to its regulations, upon determining that ‘‘(1) The design for the interim storage fa- storage facility. None of the activities car- there is reasonable assurance that spent nu- cility shall provide for the use of storage ried out pursuant to this paragraph shall clear fuel and high-level radioactive waste technologies which are licensed, approved, or delay, or otherwise affect, the development, can be disposed of in the repository— April 9, 1997 CONGRESSIONAL RECORD — SENATE S2939

‘‘(A) in conformity with the Secretary’s fuel or high-level radioactive waste as is nec- ‘‘(3) FACTORS.—For purposes of establish- application, the provisions of this Act, and essary to provide the Secretary with suffi- ing the overall system performance standard the regulations of the Commission; cient confirmatory data on repository per- in paragraph (1) and making the finding in ‘‘(B) without unreasonable risk to the formance to reasonably confirm the basis for paragraph (2),— health and safety of the public; and repository closure consistent with applicable ‘‘(A) the Administrator and the Commis- ‘‘(C) consistent with the common defense regulations. sion shall not consider climate regimes that and security. ‘‘(f) REPOSITORY LICENSING STANDARDS AND are substantially different from those that ‘‘(2) LICENSE.—Following the filing by the ADDITIONAL PROCEDURES.—In complying with have occurred during the previous 100,000 Secretary of any additional information the requirements of section 801 of the Energy years at the Yucca Mountain site; needed by the Commission to issue a license Policy Act of 1992 (42 U.S.C. 10141 note), the ‘‘(B) the Administrator and the Commis- to receive and possess source, special nu- Administrator shall achieve consistency sion shall not consider catastrophic events clear, or byproduct material at a geologic re- with the findings and recommendations of where the health consequences of individual pository operations area the Commission the National Academy of Sciences, and the events themselves to the critical group can shall issue a license to dispose of spent nu- Commission shall amend its regulations with be reasonably assumed to exceed the health clear fuel and high-level radioactive waste in respect to licensing standards for the reposi- consequences due to impact of the events on the repository, subject to such requirements tory, as follows: repository performance; and or limitations as the Commission may incor- ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM ‘‘(C) the Administrator and the Commis- porate pursuant to its regulations, if the PERFORMANCE STANDARD.— sion shall not base the standard in paragraph Commission determines that the repository ‘‘(A) RISK STANDARD.—The standard for (1) or the finding in paragraph (2) on sce- has been constructed and will operate— protection of the public from releases of ra- narios involving human intrusion into the ‘‘(A) in conformity with the Secretary’s dioactive material or radioactivity from the repository following repository closure. application, the provisions of this Act, and repository shall limit the lifetime risk, to ‘‘(4) CONGRESSIONAL REVIEW.— the regulations of the Commission; the average member of the critical group, of ‘‘(A) Any standard promulgated by the Ad- ‘‘(B) without unreasonable risk to the premature death from cancer due to such re- ministrator under section 801 of the Energy health and safety of the public; and leases to approximately, but not greater Policy Act of 1992 (42 U.S.C. 10141 note) shall ‘‘(C) consistent with the common defense than, 1 in 1000. The comparison to this stand- be deemed a major rule within the meaning and security. ard shall use the upper bound of the 95-per- of section 804(2) of title 5, United States ‘‘(3) CLOSURE.—After emplacing spent nu- cent confidence interval for the expected Code, and shall be subject to the require- clear fuel and high-level radioactive waste in value of lifetime risk to the average member ments and procedures pertaining to a major the repository and collecting sufficient con- of the critical group. rule in chapter 8 of such title. firmatory data on repository performance to ‘‘(B) FORM OF STANDARD.—The standard ‘‘(B) The effective date of the construction reasonably confirm the basis for repository promulgated by the Administrator under authorization for the repository shall be 90 closure consistent with the Commission’s section 801 of the Energy Policy Act of 1992 days after the issuance of such authorization regulations applicable to the licensing of a (42 U.S.C. 10141 note) shall be an overall sys- by the Commission, unless Congress is stand- repository, as modified in accordance with tem performance standard. The Adminis- ing in adjournment for a period of more than this Act, the Secretary shall apply to the trator shall not promulgate a standard for one week on the date of issuance, in which Commission to amend the license to permit the repository in the form of release limits case the effective date shall be 90 days after permanent closure of the repository. The or contaminant levels for individual radio- the date on which Congress is expected to re- Commission shall grant such license amend- nuclides discharged from the repository. convene after such adjournment. ment, subject to such requirements or limi- ‘‘(C) ASSUMPTIONS USED IN FORMULATING ‘‘(5) REPORT TO CONGRESS.—At the time tations as the Commission may incorporate AND APPLYING THE STANDARD.—In promulgat- that the Commission issues a construction pursuant to its regulations, upon finding ing the standard under section 801 of the En- authorization for the repository, the Com- that there is reasonable assurance that the ergy Policy Act of 1992 (42 U.S.C. 10141 note), mission shall submit a report to Congress— repository can be permanently closed— the Administrator shall consult with the ‘‘(A) analyzing the overall system perform- ‘‘(A) in conformity with the Secretary’s Secretary of Energy and the Commission. ance of the repository through the use of application, the provisions of this Act, and The Commission, after consultation with the probabilistic evaluations that use best esti- the regulations of the Commission; Secretary, shall specify, by rule, values for mate assumptions, data, and methods for the ‘‘(B) without unreasonable risk to the all of the assumptions considered necessary period commencing after the first 10,000 health and safety of the public; and by the Commission to apply the standard in years after repository closure and including ‘‘(C) consistent with the common defense a licensing proceeding for the repository be- the time after repository closure of maxi- and security. fore the Commission, including the reference mum risk to the critical group of premature ‘‘(4) POST-CLOSURE.—The Secretary shall biosphere and size and characteristics of the death from cancer due to repository releases. take those actions necessary and appropriate critical group. ‘‘(B) analyzing the consequences of a single at the Yucca Mountain site to prevent any ‘‘(D) DETENTION.—As used in this sub- instance of human intrusion into the reposi- activity at the site subsequent to repository section, the term ‘critical group’ means a tory, during the first 1,000 years after reposi- closure that poses an unreasonable risk of— small group of people that is— tory closure, on the ability of the repository ‘‘(A) breaching the repository’s engineered ‘‘(i) representative of individuals expected to perform its intended function.’’ or geologic barriers; or to be at highest risk of premature death ‘‘(g) ADDITIONAL ACTIONS BY THE COMMIS- ‘‘(B) increasing the risk of the repository from cancer as a result of discharges of SION.—The Commission shall take final ac- beyond the standard established in sub- radionuclides from the permanent reposi- tion on the Secretary’s application for con- section (f)(1). tory; struction authorization for the repository no ‘‘(5) APPLICATION OF HEALTH AND SAFETY ‘‘(ii) relatively homogeneous with respect later than 40 months after submission of the STANDARDS.—The licensing determination of to expected radiation dose, which shall mean application. the Commission with respect to risk to the that there shall be no more than a factor of ‘‘SEC. 207. COMPLIANCE WITH THE NATIONAL EN- health and safety of the public under para- ten in variation in individual dose among VIRONMENTAL POLICY ACT. graphs (1), (2), or (3) of this subsection shall members of the group; and ‘‘(a) PRELIMINARY ACTIVITIES.—Each activ- be based solely on a finding whether the re- ‘‘(iii) selected using reasonable assump- ity of the Secretary under section 203, 204, pository can be operated in conformance tions—concerning lifestyle, occupation, diet, section 205(a), section 205(c), section 205(d), with the overall performance standard in and eating and drinking habits, techno- and section 206(a) shall be considered a pre- subsection (f)(1) of this section, applied in logical sophistication, or other relevant so- liminary decision making activity. No such accordance with the provisions of subsection cial and behavioral factors—that are based activity shall be considered final agency ac- (f)(2) of this section and the standards estab- on reasonably available information, when tion for purposes of judicial review. No activ- lished by the Administrator under section the group is defined, on current inhabitants ity of the Secretary or the President under 801 of the Energy Policy Act of 1992 (42 U.S.C. and conditions in the area of 50-mile radius sections 203, 204, 205, or 206(a) shall require 10141 note). surrounding Yucca Mountain contained the preparation of an environmental impact ‘‘(e) MODIFICATION OF THE COMMISSION’S RE- within a line drawn 50 miles beyond each of statement under section 102(2)(C) of the Na- POSITORY LICENSING REGULATIONS.—The the boundaries of the Yucca Mountain site.’’ tional Environmental Policy Act of 1969 (42 Commission shall amend its regulations gov- ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- U.S.C. 4332(2)(C)) or any environmental re- erning the disposal of spent nuclear fuel and FORMANCE STANDARD.—The Commission shall view under subparagraph (E) or (F) of section high-level radioactive waste (10 CFR part 60), issue the construction authorization, license, 102(2) of such Act (42 U.S.C. 4332(2)(E) or (F)). as necessary, to be consistent with the provi- or license amendment, as applicable, if it ‘‘(b) STANDARDS AND CRITERIA.—The pro- sions of this Act. The Commission’s regula- finds reasonable assurance that for the first mulgation of standards or criteria in accord- tions shall provide for the modification of 10,000 years following the closure of the re- ance with the provisions of this title, or the repository licensing procedure in sub- pository, the overall system performance under section 801 of the Energy Policy Act of section (d) of this section, as appropriate, in standard will be met based on a probabilistic 1992 (42 U.S.C. 10141 note), shall not require the event that the Secretary seeks a license evaluation, as appropriate, of compliance the preparation of an environmental impact to permit the emplacement in the reposi- with the overall system performance stand- statement under section 102(2)(C) of the Na- tory, on a retrievable basis, of spent nuclear ard in paragraph (1). tional Environmental Policy Act of 1969 (42 S2940 CONGRESSIONAL RECORD — SENATE April 9, 1997 U.S.C. 4332(2)(C)) or any environmental re- ity Site Withdrawal Map,’’ dated March 13, fected unit of local government of the devel- view under subparagraph (E) or (F) of section 1996, and on file with the Secretary, are es- opment of the integrated management sys- 102(2) of such Act (42 U.S.C. 4332(2)(E) or (F)). tablished as the boundaries of the Interim tem. ‘‘(c) REQUIREMENTS RELATING TO ENVIRON- Storage Facility site. ‘‘(2) REPORT.—Any affected Indian tribe or MENTAL IMPACT STATEMENTS.— ‘‘(2) BOUNDARIES.—The boundaries depicted affected unit of local government may re- ‘‘(1) With respect to the requirements im- on the map entitled ‘Yucca Mountain Site quest assistance under this section by pre- posed by the National Environmental Policy Withdrawal Map,’ dated July 9, 1996, and on paring and submitting to the Secretary a re- Act of 1969 (42 U.S.C. 4321 et seq.),— file with the Secretary, are established as port on the economic, social, public health ‘‘(A) in any final environmental impact the boundaries of the Yucca Mountain site. and safety, and environmental impacts that statement under sections 205 or 206, the Sec- (3) NOTICE AND MAPS.—Concurrent with the are likely to result from activities of the in- retary or the Commission, as applicable, Secretary’s designation of an interim stor- tegrated management system. shall not be required to consider the need for age facility site under section 204(c)(1), the ‘‘(d) OTHER ASSISTANCE.— a repository or any interim storage facility; Secretary shall— ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- the time of initial availability of a reposi- ‘‘(A) publish in the Federal Register a no- nancial assistance provided under this sub- tory of interim storage facility; the alter- tice containing a legal description of the in- section, the Secretary is authorized to grant natives to geological disposal or centralized terim storage facility site; and to any affected Indian tribe or affected unit interim storage; or alternative sites to the ‘‘(B) file copies of the maps described in of local government an amount each fiscal Yucca Mountain site or the interim storage paragraph (1), and the legal description of year equal to the amount such affected In- facility site designated under section the interim storage facility site with the dian tribe or affected unit of local govern- 204(c)(1); and Congress, the Secretary of the Interior, the ment, respectively, would receive if author- ‘‘(B) compliance with the procedures and Governor of Nevada, and the Archivist of the ized to tax integrated management system requirements of this title shall be deemed United States. activities, as such affected Indian tribe or af- adequate consideration of the need for cen- ‘‘(4) NOTICE AND MAPS.—Concurrent with fected unit of local government taxes the tralized interim storage or a repository; the the Secretary’s application to the Commis- non-Federal real property and industrial ac- time of initial availability of centralized in- sion for authority to construct the reposi- tivities occurring within such affected unit terim storage or the repository or central- tory, the Secretary shall— of local government. ized interim storage, and all alternatives to ‘‘(A) publish in the Federal Register a no- ‘‘(2) TERMINATION.—Such grants shall con- centralized interim storage and permanent tice containing a legal description of the tinue until such time as all such activities, isolation of high-level radioactive waste and Yucca Mountain site; and development, and operations are terminated spent nuclear fuel in an interim storage fa- ‘‘(B) file copies of the maps described in at such site. cility or a repository, respectively. paragraph (2), and the legal description of ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND ‘‘(2) The final environmental impact state- the Yucca Mountain site with the Congress, UNITS OF LOCAL GOVERNMENT.— ment for the repository prepared by the Sec- the Secretary of the Interior, the Governor ‘‘(A) PERIOD.—Any affected Indian tribe or retary and submitted with the license appli- of Nevada, and the Archivist of the United affected unit of local government may not cation for a repository under section 206(c) States. receive any grant under paragraph (1) after shall, to the extend practicable, be adopted ‘‘(5) CONSTRUCTION.—The maps and legal the expiration of the 1-year period following by the Commission in connection with the descriptions of the interim storage facility the date on which the Secretary notifies the issuance by the Commission of a construc- site and the Yucca Mountain site referred to affected Indian tribe or affected unit of local tion authorization and license for such re- in this subsection shall have the same force government of the termination of the oper- pository. To the extent such statement is and effect as if they were included in this ation of the integrated management system. adopted by the Commission, such adoption Act. The Secretary may correct clerical and ‘‘(B) ACTIVITIES.—Any affected Indian tribe shall be deemed to satisfy the responsibil- typographical errors in the maps and legal or affected unit of local government may not ities of the Commission under the National descriptions and make minor adjustments in receive any further assistance under this sec- Environmental Policy Act of 1969 and no fur- the boundaries of the sites. tion if their integrated management system ther consideration shall be required, except ‘‘TITLE III—LOCAL RELATIONS activities at such site are terminated by the that nothing in this subsection shall affect Secretary or if such activities are perma- any independent responsibilities of the Com- ‘‘SEC. 301. FINANCIAL ASSISTANCE. nently enjoined by any court. ‘‘(a) GRANTS.—The Secretary is authorized mission to protect the public health and ‘‘SEC. 302. ON-SITE REPRESENTATIVE. safety under the Atomic Energy Act of 1954 to make grants to any affected Indian tribe or affected unit of local government for pur- ‘‘The Secretary shall offer to the unit of (42 U.S.C. 2011 et seq.). local government within whose jurisdiction a ‘‘(c) CONSTRUCTION WITH OTHER LAWS.— poses of enabling the affected Indian tribe or affected unit of local government— site for an interim storage facility or reposi- Nothing in this Act shall be construed to tory is located under this Act an opportunity amend or otherwise detract from the licens- ‘‘(1) to review activities taken with respect to the Yucca Mountain site for purposes of to designate a representative to conduct on- ing requirements of the Nuclear Regulatory site oversight activities at such site. The Commission established in title II of the En- determining any potential economic, social, public health and safety, and environmental Secretary is authorized to pay the reason- ergy Reorganization Act of 1974 (42 U.S.C. able expenses of such representative. 5841 et seq.). impacts of the integrated management sys- ‘‘SEC. 303. ACCEPTANCE OF BENEFITS. ‘‘(d) JUDICIAL REVIEW.—Judicial review tem on the affected Indian tribe or the af- under section 502 of this Act of any environ- fected unit of local government and its resi- ‘‘(a) CONSENT.—The acceptance or use of mental impact statement prepared or adopt- dents; any of the benefits provided under this title ed by the Commission shall be consolidated ‘‘(2) to develop a request for impact assist- by any affected Indian tribe or affected unit with the judicial review of the licensing deci- ance under subsection (c); of local government shall not be deemed to sion to which it relates. ‘‘(3) to engage in any monitoring, testing, be an expression of consent, express, or im- plied, either under the Constitution of the ‘‘SEC. 208. LAND WITHDRAWAL. or evaluation activities with regard to such State or any law thereof, to the siting of an ‘‘(a) WITHDRAWAL AND RESERVATION.— site; interim storage facility or repository in the ‘‘(1) WITHDRAWAL.—Subject to valid exist- ‘‘(4) to provide information to residents re- ing rights, the interim storage facility site garding any activities of the Secretary, or State of Nevada, any provision of such Con- and the Yucca Mountain site, as described in the Commission with respect to such site; stitution or laws to the contrary notwith- subsection (b), are withdrawn from all forms and standing. of entry, appropriation, and disposal under ‘‘(5) to request information from, and make ‘‘(b) ARGUMENTS.—Neither the United the public land laws, including the mineral comments and recommendations to, the Sec- States or any other entity may assert any leasing laws, the geothermal leasing laws, retary regarding any activities taken with argument based on legal or equitable estop- the material sale laws, and the mining laws. respect to such site. pel, or acquiescence, or wavier, or consensual ‘‘(2) JURISDICTION.—Jurisdiction of any ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any involvement, in response to any decision by land within the interim storage facility site salary or travel expense that would ordi- the State to oppose the siting in Nevada of and the Yucca Mountain site managed by the narily be incurred by any affected Indian an interim storage facility or repository pre- Secretary of the Interior or any other Fed- tribe or affected unit of local government mised upon or related to the acceptance or eral officer is transferred to the Secretary. may not be considered eligible for funding use of benefits under this title. ‘‘(3) RESERVATION.—The interim storage fa- under this section. ‘‘(c) LIABILITY.—No liability of any nature cility site and the Yucca Mountain site are ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- shall accrue to be asserted against any offi- reserved for the use of the Secretary for the ANCE.— cial of any governmental unit of Nevada pre- construction and operation, respectively, of ‘‘(1) ASSISTANCE REQUESTS.—The Secretary mised solely upon the acceptance or use of the interim storage facility and the reposi- is authorized to offer to provide financial benefits under this title. tory and activities associated with the pur- and technical assistance to any affected In- ‘‘SEC. 304. RESTRICTIONS ON USE OF FUNDS. poses of this title. dian tribe or affected unit of local govern- ‘‘None of the funding provided under this ‘‘(b) LAND DESCRIPTION.— ment requesting such assistance. Such as- title may be used— ‘‘(1) BOUNDARIES.—The boundaries depicted sistance shall be designed to mitigate the ‘‘(1) directly or indirectly to influence leg- on the map entitled ‘‘Interim Storage Facil- impact on the affected Indian tribe or af- islative action on any matter pending before April 9, 1997 CONGRESSIONAL RECORD — SENATE S2941 Congress or a State legislature or for any (c)(2). Subsequent to the enactment of the ‘‘(D) The Secretary shall, by rule, establish lobbying activity as provided in section 1913 Nuclear Waste Policy Act of 1997, the con- procedures necessary to implement this of title 18, United States Code; tracts executed under section 302(a) of the paragraph. ‘‘(2) for litigation purposes; and Nuclear Waste Policy Act of 1982 shall con- ‘‘(4) ONE-TIME FEE.—For spent nuclear fuel ‘‘(3) to support multistate efforts or other tinue in effect under this Act, provided that or solidified high-level radioactive waste de- coalition-building activities inconsistent the Secretary shall consent to an amend- rived from spent nuclear fuel, which fuel was with the purposes of this Act. ment to such contracts as necessary to im- used to generate electricity in a civilian nu- ‘‘SEC. 305. LAND CONVEYANCES. plement the provisions of this Act. clear power reactor prior to January 7, 1983, ‘‘(a) CONVEYANCES OF PUBLIC LANDS.—One ‘‘(2) NUCLEAR WASTE OFFSETTING COLLEC- the fee shall be in an amount equivalent to hundred and twenty days after the effective TION.— an average charge of 1.0 mill per kilowatt- date of the construction authorization issued ‘‘(A) For electricity generated by civilian hour for electricity generated by such spent by the Commission for the repository under nuclear power reactors and sold during an nuclear fuel, or such solidified high-level section 206(g), all right, title and interest of offsetting collection period, the Secretary waste derived therefrom. Payment of such the United States in the property described shall collect an aggregate amount of fees one-time fee prior to the date of enactment in subsection (b) and improvements thereon, under this paragraph equal to the annual of the Nuclear Waste Policy Act of 1997 shall together with all necessary easements for level of appropriations for expenditures on satisfy the obligation imposed under this utilities and ingress and egress to such prop- those activities consistent with subsection paragraph. Any one-time fee paid and col- erty, including, but not limited to, the right (d) for each fiscal year in the offsetting col- lected subsequent to the date of enactment to improve those easements, are conveyed by lection period, minus— of the Nuclear Waste Policy Act of 1997 pur- operation of law to the County of Nye, Ne- ‘‘(i) any unobligated balance collected pur- suant to the contracts, including any inter- vada, unless the county notifies the Sec- suant to this paragraph during the previous est due pursuant to the contracts, shall be retary of Interior or the head of such other fiscal year; and paid to the Nuclear Waste Fund no later appropriate agency in writing within 60 days ‘‘(ii) the percentage of such appropriation than September 30, 2002. The Commission of such date that it elects not to take title required to be funded by the Federal Govern- shall suspend the license of any licensee who to all or any part of the property, except ment pursuant to section 403. fails or refuses to pay the full amount of the that any lands conveyed to the County of ‘‘(B) The Secretary shall determine the fees assessed under this subsection, on or be- Nye under this subsection that are subject to level of the annual fee for each civilian nu- fore the date on which such fees are due, and a Federal grazing permit or lease or a simi- clear power reactor based on the amount of the license shall remain suspended until the lar federally granted permit or lease shall be electricity generated and sold. full amount of the fees assessed under this ‘‘(C) For purposes of this paragraph, the conveyed between 60 and 120 days of the ear- subsection is paid. The person paying the fee term ‘offsetting collection period’ means— liest time the Federal agency administering under this paragraph to the Secretary shall ‘‘(i) the period beginning on October 1, 1999 or granting the permit or lease would be able have no further financial obligation to the and ending on September 30, 2003; and Federal Government for the long-term stor- to legally terminate such right under the ‘‘(ii) the period on and after October 1, 2006. age and permanent disposal of spent fuel or statutes and regulations existing at the date ‘‘(3) NUCLEAR WASTE MANDATORY FEE.— of enactment of this Act, unless Nye County ‘‘(A) Except as provided in subparagraph high-level radioactive waste derived from and the affected holder of the permit or lease (C) of this paragraph, for electricity gen- spent nuclear fuel used to generate elec- negotiate an agreement that allows for an erated by civilian nuclear power reactors and tricity in a civilian power reactor prior to earlier conveyance. sold on or after January 7, 1983, the fee paid January 7, 1983. ‘‘(b) SPECIAL CONVEYANCES.—Notwith- to the Secretary under this paragraph shall ‘‘(4) EXPENDITURES IF SHORTFALL.—If, dur- standing any other law, the following public be equal to— ing any fiscal year on or after October 1, lands depicted on the maps and legal descrip- ‘‘(i) 1.0 mill per kilowatt-hour generated 1997, the aggregate amount of fees assessed tions dated October 11, 1995, and on file with and sold, minus under this subsection is less than the annual the Secretary shall be conveyed under sub- ‘‘(ii) the amount per kilowatt-hour gen- level of appropriations for expenditures on section (a) to the County of Nye, Nevada: erated and sold paid under paragraph (2); those activities specified in subsection (d) Map 1: Proposed Pahrump Industrial Park for that fiscal year, minus— ‘‘Provided, that if the amount under clause Site ‘‘(A) any unobligated balance collected (ii) is greater than the amount under clause Map 2: Proposed Lathrop Wells (Gate 510) pursuant to this section during the previous (i) the fee under this paragraph shall be Industrial Park Site fiscal year; and equal to zero. Map 3: Pahrump Landfill Sites ‘‘(B) the percentage of such appropriations ‘‘(B) No later than 30 days after the begin- Map 4: Amargosa Valley Regional Landfill required to be funded by the Federal Govern- ning of each fiscal year, the Secretary shall Site ment pursuant to section 403— determine whether insufficient or excess rev- Map 5: Amargosa Valley Municipal Land- the Secretary may make expenditures from fill Site enues are being collected under this sub- section, in order to recover the costs in- the Nuclear Waste Fund up to the level equal Map 6: Beatty Landfill/Transfer Station to the difference between the amount appro- Site curred by the Federal government that are specified in subsection (c)(2). In making this priated and the amount of fees assessed Map 7: Round Mountain Landfill Site under this subsection. Map 8: Tonopah Landfill Site determination the Secretary shall— ‘‘(5) EXPEDITED PROCEDURES FOR APPROVAL Map 9: Gabbs Landfill Site. ‘‘(i) rely on the ‘Analysis of the Total Sys- OF CHANGES TO THE NUCLEAR WASTE MANDA- ‘‘(3) CONSTRUCTION.—The maps and legal tem Life Cycle Cost of the Civilian Radio- TORY FEE.— descriptions of special conveyances referred active Waste Management Program,’’ dated ‘‘(A) At any time after the Secretary to in subsection (b) shall have the same force September 1995, or on a total system life- transmits a proposal for a fee adjustment and effect as if they were included in this cycle cost analysis published by the Sec- under paragraph (3)(C) of this subsection, a Act. The Secretary may correct clerical and retary (after notice and opportunity for pub- joint resolution may be introduced in either typographical errors in the maps and legal lic comments) after the date of enactment of House of Congress, the matter after the re- descriptions and make minor adjustments in the Nuclear Waste Policy of 1997, in making solving clause of which is as follows: ‘That the boundaries of the sites. any estimate of the costs to be incurred by Congress approves the adjustment to the ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon the government under subsection (c)(2); basis for the nuclear waste mandatory fee, the request of the County of Nye, Nevada, ‘‘(ii) rely on projections from the Energy submitted by the Secretary on XX.’ (The the Secretary of the Interior shall provide Information Administration, consistent with blank space being appropriately filled in evidence of title transfer. the projection contained in the reference case in the most recent ‘Annual Energy Out- with a date). ‘‘TITLE IV—FUNDING AND look’ published by such administration in ‘‘(B) A joint resolution described in sub- ORGANIZATION making any estimate of future nuclear power paragraph (A) shall be referred to the com- ‘‘SEC. 401. PROGRAM FUNDING. generation; and mittees in each House of Congress with juris- ‘‘(a) CONTRACTS.— ‘‘(iii) take into account projected balance diction. ‘‘(1) AUTHORITY OF THE SECRETARY.—In the in, and expenditures from, the Nuclear Waste ‘‘(C) In the Senate, if the committee to performance of the Secretary’s functions Fund. which is referred a joint resolution described under this Act, the Secretary is authorized ‘‘(C) If the Secretary determines under sub- in subparagraph (A) has not reported such to enter into contracts with any person who paragraph (B) that either insufficient or ex- joint resolution (or an identical joint resolu- generates or holds title to spent nuclear fuel cess revenue are being collected, the Sec- tion) at the end of 20 calendar days after the or high-level radioactive waste of domestic retary shall, at the time of the determina- date on which it is introduced, such commit- origin for the acceptance of title and posses- tion, transmit to Congress a proposal to ad- tee may be discharged from further consider- sion, transportation, interim storage, and just the amount in subparagraph (A)(i) to en- ation of such joint resolution upon a petition disposal of such waste or spent fuel. Such sure full cost recovery. The amount in sub- supported in writing by 30 Members of the contracts shall provide for payment of fees paragraph (A)(i) shall be adjusted, by oper- Senate, and such joint resolution shall be to the Secretary in the amounts set under ation of law, immediately upon enactment of placed on the calendar. paragraphs (2), (3), and (4), sufficient to off- a joint resolution of approval under para- ‘‘(D) In the Senate, the procedure under set expenditures described in subsection graph (5) of this subsection. section 802(d) of title 5, United States Code, S2942 CONGRESSIONAL RECORD — SENATE April 9, 1997 shall apply to a joint resolution described and, after consultation with the Secretary, level radioactive waste from atomic energy under subparagraph (A). annually report to the Congress on the finan- defense activities and spent nuclear fuel ‘‘(b) ADVANCE CONTRACTING REQUIRE- cial condition and operations of the Nuclear from foreign research reactors shall include, MENT.— Waste Fund during the preceding fiscal year. ‘‘(1) an appropriate portion of the costs as- ‘‘(1) IN GENERAL.— ‘‘(B) AMOUNTS IN EXCESS OF CURRENT sociated with research and development ac- ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The NEEDS.—If the Secretary determines that the tivities with respect to development of an in- Commission shall not issue or renew a li- Nuclear Waste Fund contains at any time terim storage facility and repository; and cense to any person to use a utilization or amounts in excess of current needs, the Sec- ‘‘(2) as appropriate, interest on the prin- production facility under the authority of retary may request the Secretary of the cipal amounts due calculated by reference to section 103 or 104 of the Atomic Energy Act Treasury to invest such amounts, or any por- the appropriate Treasury bill rate as if the of 1954 (42 U.S.C. 2133, 2134) unless— tion of such amounts as the Secretary deter- payments were made at a point in time con- ‘‘(i) such person has entered into a con- mines to be appropriate, in obligations of the sistent with the payment dates for spent nu- tract under subsection (a) with the Sec- United States— clear fuel and high-level radioactive waste retary; or ‘‘(i) having maturities determined by the under the contracts. ‘‘(ii) the Secretary affirms in writing that Secretary of the Treasury to be appropriate ‘‘(b) APPROPRIATION REQUEST.—In addition such person is actively and in good faith ne- to the needs of the Nuclear Waste Fund; to any request for an appropriation from the gotiating with the Secretary for a contract ‘‘(ii) bearing interest at rates determined Nuclear Waste Fund, the Secretary shall re- under this section. to be appropriate by the Secretary of the quest annual appropriations from general ‘‘(B) PRECONDITION.—The Commission, as it revenues in amounts sufficient to pay the deems necessary or appropriate, may require Treasury, taking into consideration the cur- costs of the management of spent nuclear as a precondition to the issuance or renewal rent average market yield on outstanding fuel and high-level radioactive waste from of a license under section 103 or 104 of the marketable obligations of the United States atomic energy defense activities and spent Atomic Energy Act of 1954 (42 U.S.C. 2133, with remaining periods to maturity com- nuclear fuel from foreign research reactors, 2134) that the applicant for such license shall parable to the maturities of such invest- as established under subsection (a). have entered into an agreement with the ments, except that the interest rate on such ‘‘(c) REPORT.—In conjunction with the an- Secretary for the disposal of spent nuclear investments shall not exceed the average in- nual report submitted to Congress under fuel and high-level radioactive waste that terest rate applicable to existing borrowings, Section 702, the Secretary shall advise the may result from the use of such license. and Congress annually of the amount of spent ‘‘(2) DISPOSAL IN REPOSITORY.—Except as ‘‘(ii) interest earned on these obligations provided in paragraph (1), no spent nuclear shall be credited to the Nuclear Waste Fund. nuclear fuel and high-level radioactive waste fuel or high-level radioactive waste gen- ‘‘(C) EXEMPTION.—Receipts, proceeds, and from atomic energy defense activities and erated or owned by any person (other than a recoveries realized by the Secretary under spent nuclear fuel from foreign research re- department of the United States referred to this section, and expenditures of amounts actors, requiring management in the inte- in section 101 or 102 of title 5, United States from the Nuclear Waste Fund, shall be ex- grated management system. Code) may be disposed of by the Secretary in empt from annual apportionment under the ‘‘(d) AUTHORIZATION.—There is authorized the repository unless the generator or owner provisions of subchapter II of chapter 15 of to be appropriated to the Secretary, from of such spent fuel or waste has entered into title 31, United States Code. general revenues, for carrying out the pur- a contract under subsection (a) with the Sec- ‘‘(d) BUDGET.—The Secretary shall submit poses of this Act, such sums as may be nec- retary by not later than the date on which the budget for implementation of the Sec- essary to pay the costs of the management of such generator or owner commences genera- retary’s responsibilities under this Act to spent nuclear fuel and high-level radioactive tion of, or takes title to, such spent fuel or the Office of Management and Budget annu- waste from atomic energy defense activities waste. ally along with the budget of the Depart- and spent nuclear fuel from foreign research ‘‘(3) ASSIGNMENT.—The rights and duties of ment of Energy submitted at such time in reactors, as established under subsection (a). contract holders are assignable. accordance with chapter 11 of title 31, United ‘‘TITLE V—GENERAL AND ‘‘(c) NUCLEAR WASTE FUND.— States Code. The budget shall consist of the MISCELLANEOUS PROVISIONS estimates made by the Secretary of expendi- ‘‘(1) IN GENERAL.—The Nuclear Waste Fund ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. established in the Treasury of the United tures under this Act and other relevant fi- ‘‘(a) CONFLICTING REQUIREMENTS.—Except nancial matters for the succeeding 3 fiscal States under section 302(c) of the Nuclear as provided in subsection (b) of this section, years, and shall be included in the budget of Waste Policy Act of 1982 shall continue in ef- a requirement of a State, political subdivi- the United States Government. fect under this Act and shall consist of— sion of a State, or Indian tribe is preempted ‘‘(A) the existing balance in the Nuclear ‘‘(e) APPROPRIATIONS.—The Secretary may if— Waste Fund on the date of enactment of the make expenditures from the Nuclear Waste ‘‘(1) complying with a requirement of the Nuclear Waste Policy Act of 1997; and Fund and the Nuclear Waste Offsetting Col- State, political subdivision, or tribe and a re- ‘‘(B) all receipts, proceeds, and recoveries lection, subject to appropriations, which quirement of this Act or a regulation pre- realized under subsections (a)(3), (a)(4), and shall remain available until expended. (c)(3) subsequent to the date of enactment of scribed under this Act is not possible; or ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE ‘‘(2) the requirement of the State, political the Nuclear Waste Policy Act of 1997, which WASTE MANAGEMENT. shall be deposited in the Nuclear Waste Fund subdivision, or tribe, as applied or enforced, ‘‘(a) ESTABLISHMENT.—There hereby is es- is an obstacle to accomplishing and carrying immediately upon their realization. tablished within the Department of Energy ‘‘(2) PURPOSES OF THE NUCLEAR WASTE FUND out this Act or a regulation prescribed under an Office of Civilian Radioactive Waste Man- this Act. AND THE NUCLEAR WASTE OFFSETTING COLLEC- agement. The Office shall be headed by a Di- TION—Subject to subsections (d) and (e) of ‘‘(b) SUBJECTS EXPRESSLY PREEMPTED.— rector, who shall be appointed by the Presi- Except as otherwise provided in this Act, a this section, the Secretary may make ex- dent, by and with the advice and consent of penditures from the Nuclear Waste Fund or law, regulation, order, or other requirement the Senate, and who shall be compensated at of a State, political subdivision of a State, or the Nuclear Waste Offsetting Collection in the rate payable for level IV of the Executive section 401(a)(2) only for— Indian tribe about any of the following sub- Schedule under section 5315 of title 5, United jects, that is not substantively the same as a ‘‘(A) identification, development, design, States Code. licensing, construction, acquisition, oper- provision of this Act or a regulation pre- ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director ation, modification, replacement, decommis- scribed under this Act, is preempted: of the Office shall be responsible for carrying ‘‘(1) The designation, description, and clas- sioning, and post-decommissioning mainte- out the functions of the Secretary under this nance and monitoring of the integrated man- sification of spent fuel or high-level radio- Act, subject to the general supervision of the active waste. agement system or parts thereof; Secretary. The Director of the Office shall be ‘‘(B) the administrative cost of the inte- ‘‘(2) The packing, repacking, handling, la- directly responsible to the Secretary. grated management system, including the beling, marketing, and placarding of spent Office of Civilian Radioactive Waste Manage- ‘‘SEC. 403. FEDERAL CONTRIBUTION. nuclear fuel or high-level radioactive waste. ment under section 402, the Nuclear Waste ‘‘(a) ALLOCATION.—No later than one year ‘‘(3) The siting, design, or licensing of— Technical Review Board under section 602, from the date of enactment of the Nuclear ‘‘(A) an interim storage facility; and those offices under the Commission in- Waste Policy Act of 1997, acting pursuant to ‘‘(B) a repository; volved in regulation of the integrated man- section 553 of title 5, United States Code, the ‘‘(C) the capability to conduct intermodal agement system or parts thereof; and Secretary shall issue a final rule establish- transfer of spent nuclear fuel under section ‘‘(C) the provision of assistance and bene- ing the appropriate portion of the costs of 201. fits to States, units of general local govern- managing spent nuclear fuel and high-level ‘‘(4) The withdrawal or transfer of the in- ment, nonprofit organizations, joint labor- radioactive waste under this Act allocable to terim storage facility site, the intermodal management organizations, and Indian the interim storage or permanent disposal of transfer site, or the repository site to the tribes under title II of this Act.’’. spent nuclear fuel and high-level radioactive Secretary of Energy. ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE waste from atomic energy defense activities ‘‘(5) The design, manufacturing, fabrica- FUND.— and spent nuclear fuel from foreign research tion, marking, maintenance, reconditioning, ‘‘(A) IN GENERAL.—The Secretary of the reactors. The share of costs allocable to the repairing, or testing of packaging or a con- Treasury shall hold the Nuclear Waste Fund management of spent nuclear fuel and high- tainer represented, marked, certified, or sold April 9, 1997 CONGRESSIONAL RECORD — SENATE S2943 as qualified for use in transporting or storing argument. Of the materials that may be sub- activities with respect to a second repository spent nuclear fuel or high-level radioactive mitted by the parties during oral arguments, unless Congress has specifically authorized waste. the Commission shall only consider those and appropriated funds for such activities. ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- facts and data that are submitted in the ‘‘(b) REPORT.—The Secretary shall report TIONS. form of sworn testimony or written submis- to the President and to Congress on or after ‘‘(a) JURISDICTION OF THE UNITED STATES sion. January 1, 2007, but not later than January 1, COURTS OF APPEALS.— ‘‘(b) ADJUDICATORY HEARING.— 2010, on the need for a second repository. ‘‘(1) DESIGNATION.—At the conclusion of ‘‘(1) ORIGINAL AND EXECUTIVE JURISDIC- ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- any oral argument under subsection (a), the TION.—Except for review in the Supreme LEVEL RADIOACTIVE WASTE SITE Commission shall designate any disputed Court of the United States, and except as CLOSURE. question of fact, together with any remain- otherwise provided in this Act, the United ‘‘(a) FINANCIAL ARRANGEMENTS.— ing questions of law, for resolution in an ad- ‘‘(1) STANDARDS AND INSTRUCTIONS.—The States courts of appeals shall have original judicatory hearing only if it determines and exclusive jurisdiction over any civil ac- Commission shall establish by rule, regula- that— tion, or order, after public notice, and in ac- tion— ‘‘(A) there is a genuine and substantial dis- ‘‘(A) for review of any final decision or ac- cordance with section 181 of the Atomic En- pute of fact which can only be resolved with ergy Act of 1954 (42 U.S.C. 2231), such stand- tion of the Secretary, the President, or the sufficient accuracy by the introduction of Commission under this Act; ards and instructions as the Commission evidence in an adjudicatory hearing; and may deem necessary or desirable to ensure in ‘‘(B) alleging the failure of the Secretary, ‘‘(B) the decision of the Commission is the case of each license for the disposal of the President, or the Commission to make likely to depend in whole or in part on the low-level radioactive waste that an adequate any decision, or take any action, required resolution of such dispute. under this Act; ‘‘(2) DETERMINATION.—In making a deter- bond, surety, or other financial arrangement ‘‘(C) challenging the constitutionality of mination under this subsection, the Commis- (as determined by the Commission) will be any decision made, or action taken, under sion— provided by a licensee to permit completion any provision of this Act; or ‘‘(A) shall designate in writing the specific of all requirements established by the Com- ‘‘(D) for review of any environmental im- facts that are in genuine and substantial dis- mission for the decontamination, decommis- pact statement prepared or environmental pute, the reason why the decision of the sioning, site closure, and reclamation of assessment pursuant to the National Envi- agency is likely to depend on the resolution sites, structures, and equipment used in con- ronmental Policy Act of 1969 (42 U.S.C. 4321 of such facts, and the reason why an adju- junction with such low-level radioactive et seq.) with respect to any action under this dicatory hearing is likely to resolve the dis- waste. Such financial arrangements shall be Act or alleging a failure to prepare such pute; and provided and approved by the Commission, statement with respect to any such action. ‘‘(B) shall not consider— or, in the case of sites within the boundaries ‘‘(i) any issue relating to the design, con- of any agreement State under section 274 of ‘‘(2) VENUE.—The venue of any proceeding struction, or operation of any civilian nu- under this section shall be in the judicial cir- the Atomic Energy Act of 1954 (42 U.S.C. clear power reactor already licensed to oper- 2021), by the appropriate State or State en- cuit in which the petitioner involved resides ate at such site, or any civilian nuclear or has its principal office, or in the United tity, prior to issuance of licenses for low- power reactor to which a construction per- level radioactive waste disposal or, in the States Court of Appeals for the District of mit has been granted at such site, unless the Columbia Circuit. case of licenses in effect on January 7, 1983, Commission determines that any such issue prior to termination of such licenses. ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A substantially affects the design, construc- ONDING, SURETY, OR OTHER FINANCIAL civil action for judicial review described ‘‘(2) B tion, or operation of the facility or activity ARRANGEMENTS.—If the Commission deter- under subsection (a)(1) may be brought no for which such license application, author- mines that any long-term maintenance or later than 180 days after the date of the deci- ization, or amendment is being considered; monitoring, or both, will be necessary at a sion or action or failure to act involved, as or site described in paragraph (1), the Commis- the case may be, except that if a party shows ‘‘(ii) any siting or design issue fully consid- sion shall ensure before termination of the that he did not know of the decision or ac- ered and decided by the Commission in con- license involved that the licensee has made tion complained of (or of the failure to act), nection with the issuance of a construction available such bonding, surety, or other fi- and that a reasonable person acting under permit or operating license for a civilian nu- nancial arrangements as may be necessary the circumstances would not have known, clear power reactor at such site, unless to ensure that any necessary long-term such party may bring a civil action no later ‘‘(I) such issue results from any revision of maintenance or monitoring needed for such than 180 days after the date such party ac- siting or design criteria by the Commission site will be carried out by the person having quired actual or constructive knowledge or following such decision; and title and custody for such site following li- such decision, action, or failure to act. ‘‘(II) the Commission determines that such cense termination. ‘‘(c) APPLICATION OF OTHER LAW.—The pro- issue substantially affects the design, con- ‘‘(b) TITLE AND CUSTODY.— visions of this section relating to any matter struction, or operation of the facility or ac- ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- tivity for which such license application, au- shall apply in lieu of the provisions of any retary shall have authority to assume title thorization, or amendment is being consid- other Act relating to the same matter. and custody of low-level radioactive waste ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS ered. ‘‘(3) APPLICATION.—The provisions of para- and the land on which such waste is disposed AND TRANSSHIPMENTS. of, upon request of the owner of such waste ‘‘(a) ORAL ARGUMENT.—In any Commission graph (2)(B) shall apply only with respect to licenses, authorizations, or amendments to and land and following termination of the li- hearing under section 189 of the Atomic En- cense issued by the Commission for such dis- ergy Act of 1954 (42 U.S.C. 2239) on an appli- licenses or authorizations, applied for under the Atomic Energy Act of 1954 (42 U.S.C. 2011 posal, if the Commission determines that— cation for a license, or for an amendment to ‘‘(A) the requirements of the Commission an existing license, filed after January 7, et seq.) before December 31, 2005. ‘‘(4) CONSTRUCTION.—The provisions of this for site closure, decommissioning, and de- 1983, to expand the spent nuclear fuel storage section shall not apply to the first applica- contamination have been met by the licensee capacity at the site of a civilian nuclear tion for a license or license amendment re- involved and that such licensee is in compli- power reactor, through the use of high-den- ceived by the Commission to expand onsite ance with the provisions of subsection (a); sity fuel storage racks, fuel rod compaction, spent fuel storage capacity by the use of a ‘‘(B) such title and custody will be trans- the transshipment of spent nuclear fuel to new technology not previously approved for ferred to the Secretary without cost to the another civilian nuclear power reactor with- use at any nuclear power plant by the Com- Federal Government; and in the same utility system, the construction mission. ‘‘(C) Federal ownership and management of of additional spent nuclear fuel pool capac- ‘‘(c) JUDICIAL REVIEW.—No court shall hold such site is necessary or desirable in order to ity or dry storage capacity, or by other unlawful or set aside a decision of the Com- protect the public health and safety, and the means, the Commission shall, at the request mission in any proceeding described in sub- environment. of any party, provide an opportunity for oral section (a) because of a failure by the Com- ‘‘(2) PROTECTION.—If the Secretary assumes argument with respect to any matter which mission to use a particular procedure pursu- title and custody of any such waste and land the Commission determines to be in con- ant to this section unless— under this subsection, the Secretary shall troversy among the parties. The oral argu- ‘‘(1) an objection to the procedure used was maintain such waste and land in a manner ment shall be preceded by such discovery presented to the Commission in a timely that will protect the public health and safe- procedures as the rules of the Commission fashion or there are extraordinary cir- ty, and the environment. shall provide. The Commission shall require cumstances that excuse the failure to ‘‘(c) SPECIAL SITES.—If the low-level radio- each party, including the Commission staff, present a timely objection; and active waste involved is the result of a li- to submit in written form, at the time of the ‘‘(2) the court finds that such failure has censed activity to recover zirconium, haf- oral argument, a summary of the facts, data, precluded a fair consideration and informed nium, and rare earths from source material, and arguments upon which such party pro- resolution of a significant issue of the pro- the Secretary, upon request of the owner of poses to rely that are known at such time to ceeding taken as a whole. the site involved, shall assume title and cus- such party. Only facts and data in the form ‘‘SEC. 504. SITING A SECOND REPOSITORY. tody of such waste and the land on which it of sworn testimony or written submission ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— is disposed when such site has been decon- may be relied upon by the parties during oral The Secretary may not conduct site-specific taminated and stabilized in accordance with S2944 CONGRESSIONAL RECORD — SENATE April 9, 1997 the requirements established by the Com- waste shall constitute a transfer of title to ‘‘(b) MEMBERS.— mission and when such owner has made ade- the Secretary. ‘‘(1) NUMBER.—The Board shall consist of 11 quate financial arrangements approved by ‘‘(b) No later than 6 months following the members who shall be appointed by the the Commission for the long-term mainte- date of enactment of the Nuclear Waste Pol- President not later than 90 days after De- nance and monitoring of such site. icy Act of 1997, the Secretary is authorized cember 22, 1987, from among persons nomi- ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION to accept all spent nuclear fuel withdrawn nated by the National Academy of Sciences TRAINING AUTHORIZATION. from Dairyland Power Cooperative’s La in accordance with paragraph (3). ‘‘The Commission is authorized and di- Crosse Reactor and, upon acceptance, shall ‘‘(2) CHAIR.—The President shall designate rected to promulgate regulations, or other provide Dairyland Power Cooperative with a member of the Board to serve as Chairman. appropriate regulatory guidance, for the evidence of the title transfer. Immediately ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— training and qualifications of civilian nu- upon the Secretary’s acceptance of such ‘‘(A) NOMINATIONS.—The National Academy clear power plant operators, supervisors, spent nuclear fuel, the Secretary shall as- of Sciences shall, not later than 90 days after technicians, and other appropriate operating sume all responsibility and liability for the December 22, 1987, nominate not less than 22 personnel. Such regulations or guidance interim storage and permanent disposal persons for appointment to the Board from shall establish simulator training require- thereof and is authorized to compensate among persons who meet the qualifications ments for applicants for civilian nuclear Dairyland Power Cooperative for any costs described in subparagraph (C). power plant operator licenses and for opera- related to operating and maintaining facili- ‘‘(B) VACANCIES.—The National Academy of tor requalification programs; requirements ties necessary for such storage from the date Sciences shall nominate not less than 2 per- governing Commission administration of re- of acceptance until the Secretary removes sons to fill any vacancy on the Board from qualification examinations; requirements for the spent nuclear fuel from the La Crosse among persons who meet the qualifications operating tests at civilian nuclear power Reactor site.’’ described in subparagraph (C). ‘‘(C) NOMINEES.— plant simulators, and instructional require- ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. ‘‘(i) Each person nominated for appoint- ments for civilian nuclear power plant li- ‘‘(a) AUTHORIZATION.—The Secretary is au- censee personnel training programs. ment to the Board shall be— thorized to establish a Decommissioning ‘‘(I) eminent in a field of science or engi- ‘‘SEC. 507. EMPLACEMENT SCHEDULE. Pilot Program to decommission and decon- neering, including environmental sciences; ‘‘(a) The emplacement schedule shall be taminate the sodium-cooled fast breeder ex- and implemented in accordance with the follow- perimental test-site reactor located in ‘‘(II) selected solely on the basis of estab- ing: northwest Arkansas. lished records of distinguished service. ‘‘(1) Emplacement priority ranking shall ‘‘(b) FUNDING.—No funds from the Nuclear ‘‘(ii) The membership of the Board shall be be determined by the Department’s annual Waste Fund may be used for the Decommis- representatives of the broad range of sci- ‘Acceptance Priority Ranking’ report. sioning Pilot Program. entific and engineering disciplines related to ‘‘(2) Subject to the conditions contained in ‘‘SEC. 510. WATER RIGHTS. activities under this title. the license for the interim storage facility, ‘‘(a) NO FEDERAL RESERVATION.—Nothing ‘‘(iii) No person shall be nominated for ap- the Secretary’s spent fuel and high-level ra- in this Act or any other Act of Congress pointment to the Board who is an employee dioactive waste emplacement rate shall be shall constitute or be construed to con- of— no less than the following: 1,200 MTU in fis- stitute either an express or implied Federal ‘‘(I) the Department of Energy; cal year 2003 and 1,200 MTU in fiscal year reservation of water or water rights for any ‘‘(II) a national laboratory under contract 2004; 2,000 MTU in fiscal year 2005 and 2000 purpose arising under this Act. with the Department of Energy; or MTU in fiscal year 2006; 2,700 MTU in fiscal ‘‘(b) ACQUISITION AND EXERCISE OF WATER ‘‘(III) an entity performing spent nuclear year 2007; and 3,000 MTU annually thereafter. RIGHTS UNDER NEVADA LAW.—The United fuel or high-level radioactive waste activi- ‘‘(3) Subject to the conditions contained in States may acquire and exercise such water ties under contract with the Department of the license for the interim storage facility, rights as it deems necessary to carry out its Energy. of the amounts provided for in paragraph (2) responsibilities under this Act pursuant to ‘‘(4) VACANCIES.—Any vacancy on the for each year, not less than one-sixth shall the substantive and procedural requirements Board shall be filled by the nomination and be— of the State of Nevada. Nothing in this Act appointment process described in paragraphs ‘‘(A) spent nuclear fuel or high-level radio- shall be construed to authorize the use of (1) and (3). active waste of domestic origin from civilian eminent domain by the United States to ac- ‘‘(5) TERMS.—Members of the Board shall nuclear power reactors that have perma- quire water rights for such lands. be appointed for terms of 4 years, each such nently ceased operation on or before the date ‘‘(c) EXERCISE OF WATER RIGHTS GEN- term to commence 120 days after December of enactment of the Nuclear Waste Policy ERALLY UNDER NEVADA LAWS.—Nothing in 22, 1987, except that of the 11 members first Act of 1997. this Act shall be construed to limit the exer- appointed to the Board, 5 shall serve for 2 ‘‘(B) spent nuclear fuel from foreign re- cise of water rights as provided under Ne- years and 6 shall serve for 4 years, to be des- search reactors, as necessary to promote vada State laws. ignated by the President at the time of ap- nonproliferation activities; and ‘‘SEC. 511. DRY STORAGE TECHNOLOGY. pointment, except that a member of the ‘‘(C) spent nuclear fuel, including spent nu- ‘‘The Commission is authorized to estab- Board whose term has expired may continue clear fuel from naval reactors, and high-level lish, by rule, procedures for the licensing of to serve as a member of the Board until such radioactive waste from research or atomic any technology for the dry storage of spent member’s successor has taken office. energy defense activities; Provided, however, nuclear fuel by rule and without, to the max- ‘‘SEC. 603. FUNCTIONS. that the Secretary shall accept not less than imum extent possible, the need for site-spe- ‘‘The Board shall evaluate the technical five percent of the total quantity of fuel and cific approvals by the Commission. Nothing and scientific validity of activities under- high-level radioactive waste accepted in any in this Act shall affect any such procedures, taken by the Secretary after December 22, year from the categories of radioactive ma- or any licenses or approvals issued pursuant 1987, including— terials described in subparagraphs (B) and to such procedures in effect on the date of ‘‘(1) site characterization activities; and (C). enactment of the Nuclear Waste Policy Act ‘‘(2) activities relating to the packaging or ‘‘(b) If the Secretary is unable to begin em- of 1997. transportation of high-level radioactive placement by June 30, 2003 at the rates speci- waste or spent nuclear fuel. ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL fied in subsection (a), or if the cumulative ‘‘SEC. 604. INVESTIGATORY POWERS. REVIEW BOARD amount emplaced in any year thereafter is ‘‘(a) HEARINGS.—Upon request of the Chair- less than that which would have been accept- ‘‘SEC. 601. DEFINITIONS. man or a majority of the members of the ed under the emplacement rate specified in ‘‘For purposes of this title— Board, the Board may hold such hearings, sit subsection (a), the Secretary shall, as a miti- ‘‘(1) CHAIRMAN.—The term ‘Chairman’ and act at such times and places, take such gation measure, adjust the emplacement means the Chairman of the Nuclear Waste testimony, and receive such evidence, as the schedule upward such that within 5 years of Technical Review Board. Board considers appropriate. Any member of the start of emplacement by the Secretary, ‘‘(2) BOARD.—The term ‘Board’ means the the Board may administer oaths or affirma- ‘‘(1) the total quantity accepted by the Nuclear Waste Technical Review Board con- tions to witnesses appearing before the Secretary is consistent with the total quan- tinued under section 602. Board. tity that the Secretary would have accepted ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW ‘‘(b) PRODUCTION OF DOCUMENTS.— if the Secretary had began emplacement in BOARD. ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- fiscal year 2003, and ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE quest of the Chairman or a majority of the ‘‘(2) thereafter the emplacement rate is TECHNICAL REVIEW BOARD.—The Nuclear members of the Board, and subject to exist- equivalent to the rate that would be in place Waste Technical Review Board, established ing law, the Secretary (or any contractor of pursuant to paragraph (a) above if the Sec- under section 502(a) of the Nuclear Waste the Secretary) shall provide the Board with retary had commenced emplacement in fis- Policy Act of 1982 as constituted prior to the such records, files, papers, data, or informa- cal year 2003. date of enactment of the Nuclear Waste Pol- tion as may be necessary to respond to any ‘‘SEC. 508. TRANSFER OF TITLE. icy Act of 1997, shall continue in effect subse- inquiry of the Board under this title. ‘‘(a) Acceptance by the Secretary of any quent to the date of enactment of the Nu- ‘‘(2) AVAILABILITY OF DRAFTS.—Subject to spent nuclear fuel or high-level radioactive clear Waste Policy Act of 1997. existing law, information obtainable under April 9, 1997 CONGRESSIONAL RECORD — SENATE S2945 paragraph (1) shall not be limited to final its findings, conclusions, and recommenda- ‘‘(3) a detailed description of the Sec- work products of the Secretary, but shall in- tions. retary’s contingency plans in the event that clude drafts of such products and documenta- ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. the Secretary is unable to meet the planned tion of work in progress. ‘‘Notwithstanding section 401(d), and sub- schedule and timeline; and ‘‘SEC. 605. COMPENSATION OF MEMBERS. ject to section 401(e), there are authorized to ‘‘(4) an analysis by the Secretary of its ‘‘(a) IN GENERAL.—Each member of the be appropriated for expenditures from funding needs for the five fiscal years begin- Board shall be paid at the rate of pay pay- amounts in the Nuclear Waste Fund under ning after the fiscal year in which the date able for level III of the Executive Schedule section 401(c) such sums as may be necessary of enactment of the Nuclear Waste Policy for each day (including travel time) such to carry out the provisions of this title. Act of 1997 occurs. ‘‘(b) ANNUAL REPORTS.—On each anniver- member is engaged in the work of the Board. ‘‘SEC. 610. TERMINATION OF THE BOARD. sary of the submittal of the report required ‘‘(b) TRAVEL EXPENSES.—Each member of ‘‘The Board shall cease to exist not later by subsection (a), the Secretary shall make the Board may receive travel expenses, in- than one year after the date on which the annual reports to the Congress for the pur- cluding per diem in lieu of subsidence, in the Secretary begins disposal of spent nuclear pose of updating the information contained same manner as is permitted under sections fuel or high-level radioactive waste in the re- in such report. The annual reports shall be 5702 and 5703 of title 5, United States Code. pository. ‘‘SEC. 606. STAFF. brief and shall notify the Congress of: ‘‘TITLE VII—MANAGEMENT REFORM ‘‘(1) any modifications to the Secretary’s ‘‘(a) CLERICAL STAFF.— ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. schedule and timeline for meeting its obliga- paragraph (2), the Chairman may appoint ‘‘(a) IN GENERAL.—The Secretary is di- tions under this Act; and fix the compensation of such clerical rected to take actions as necessary to im- ‘‘(2) the reasons for such modifications, staff as may be necessary to discharge the prove the management of the civilian radio- and the status of the implementation of any responsibilities of the Board. active waste management program to ensure of the Secretary’s contingency plans; and ‘‘(3) the Secretary’s analysis of its funding ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff that the program is operated, to the maxi- shall be appointed subject to the provisions mum extent practicable, in like manner as a needs for the ensuing 5 fiscal years. of title 5, United States Code, governing ap- private business. ‘‘TITLE VIII—MISCELLANEOUS pointments in the competitive service, and ‘‘(b) AUDITS.— ‘‘SEC. 801. SENSE OF THE SENATE. shall be paid in accordance with the provi- ‘‘(1) STANDARD.—The Office of Civilian Ra- It is the sense of the Senate that the Sec- sions of chapter 51 and subchapter III of dioactive Waste Management, its contrac- retary and the petitioners in Northern States chapter 3 of such title relating to classifica- tors, and subcontractors at all tiers, shall Power (Minnesota), v. Department of Energy, tion and General Schedule pay rates. conduct, or have conducted, audits and ex- pending before the United States Court of ‘‘(b) PROFESSIONAL STAFF.— aminations of their operations in accordance Appeals for the District of Columbia Circuit ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to with the usual and customary practices of (No. 97–1064), should enter into a settlement paragraphs (2) and (3), the Chairman may ap- private corporations engaged in large nu- agreement to resolve the issues pending be- point and fix the compensation of such pro- clear construction projects consistent with fore the court in that case prior to the date fessional staff as may be necessary to dis- its role in the program. of enactment of the Nuclear Waste Policy charge the responsibilities of the Board. ‘‘(2) TIME.—The management practices and Act of 1997. performances of the Office of Civilian Radio- ‘‘(2) NUMBER.—Not more than 10 profes- ‘‘SEC. 802. EFFECTIVE DATE. active Waste Management shall be audited sional staff members may be appointed Except as otherwise provided in this Act, every 5 years by an independent manage- under this subsection. this Act shall become effective one day after ‘‘(3) TITLE 5.—Professional staff members ment consulting firm with significant expe- enactment.’’. may be appointed without regard to the pro- rience in similar audits of private corpora- visions of title 5, United States Code, govern- tions engaged in large nuclear construction f ing appointments in the competitive service, projects. The first such audit shall be con- THURMOND (AND HOLLINGS) and may be paid without regard to the provi- ducted 5 years after the enactment of the AMENDMENT NO. 27 sions of chapter 51 and subchapter III of Nuclear Waste Policy Act of 1997. chapter 53 of such title relating to classifica- ‘‘(3) TIME.—No audit contemplated by this Mr. THURMOND (for himself and Mr. tion and General Schedule pay rates, except subsection shall take longer than 30 days to HOLLINGS) proposed an amendment to that no individual so appointed may receive conduct. An audit report shall be issued in amendment No. 26 proposed by Mr. pay in excess of the annual rate of basic pay final form no longer than 60 days after the MURKOWSKI to the bill, S. 104, supra; as payable for GS–18 of the General Schedule. audit is commenced. follows: ‘‘SEC. 607. SUPPORT SERVICES. ‘‘(4) PUBLIC DOCUMENTS.—All audit reports On page 28, line 16, after ‘‘Washington’’ in- ‘‘(a) GENERAL SERVICES.—To the extent shall be public documents and available to sert the following: ‘‘, and the Savannah permitted by law requested by the Chairman, any individual upon request. River Site and Barnwell County in the State the Administrator of General Services shall ‘‘(d) VALUE ENGINEERING.—The Secretary of South Carolina,’’. provide the Board with necessary adminis- shall create a value engineering function trative services, facilities, and support on a within the Office of Civilian Radioactive f reimbursable basis. Waste Management that reports directly to NOTICE OF HEARING ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- the Director, which shall carry out value en- NOLOGY ASSESSMENT SERVICES.—The Comp- gineering functions in accordance with the COMMITTEE ON LABOR AND HUMAN RESOURCES troller General and the Librarian of Congress usual and customary practices of private Mr. JEFFORDS. Mr. President, I shall, to the extent permitted by law and corporations engaged in large nuclear con- would like to announce for information subject to the availability of funds, provide struction projects. of the Senate and the public that a the Board with such facilities, support, funds ‘‘(e) SITE CHARACTERIZATION.—The Sec- retary shall employ, on an on-going basis, in- hearing of the Senate Committee on and services, including staff, as may be nec- Labor and Human Resources will be essary for the effective performance of the tegrated performance modeling to identify functions of the Board. appropriate parameters for the remaining held on Friday, April 11, 1997, 10 a.m., ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- site characterization effort and to eliminate in SD–430 of the Senate Dirksen Build- quest of the Chairman, the Board may secure studies of parameters that are shown not to ing. The subject of the hearing is Food directly from the head of any department or affect long-term repository performance. and Drug Administration [FDA] re- agency of the United States information nec- ‘‘SEC. 702. REPORTING. form. For further information, please essary to enable it to carry out this title. ‘‘(a) INITIAL REPORT.—Within 180 days of call the committee, 202/224–5375. ‘‘(d) MAILS.—The Board may use the Unit- enactment of this section, the Secretary COMMITTEE ON ENERGY AND NATURAL ed States mails in the same manner and shall report to Congress on its planned ac- RESOURCES under the same conditions as other depart- tions for implementing the provisions of this ments and agencies of the United States. Act, including the development of the Inte- Mr. MURKOWSKI. Mr. President, I ‘‘(e) EXPERTS AND CONSULTANTS.—Subject grated Waste Management System. Such re- would like to announce for the public to such rules as may be prescribed by the port shall include— that an oversight hearing has been Board, the Chairman may procure temporary ‘‘(1) an analysis of the Secretary’s progress scheduled before the Committee on En- and intermittent services under section in meeting its statutory and contractual ob- ergy and Natural Resources. 3109(b) of title 5 of the United States Code, ligation to accept title to, possession, of, and The hearing will take place Tuesday, but at rates for individuals not to exceed the delivery of spent nuclear fuel and high-level daily equivalent of the maximum annual April 29, 1997, at 9:30 a.m. in room SD– radioactive waste in accordance with the em- 366 of the Dirksen Senate Office Build- rate of basic pay payable for GS–18 of the placement schedule under section 507; General Schedule. ‘‘(2) a detailed schedule and timeline show- ing in Washington, DC. ‘‘SEC. 608. REPORT. ing each action that the Secretary intends to The purpose of this hearing is to re- ‘‘The Board shall report not less than 2 take to meet the Secretary’s obligations ceive testimony from the General Ac- times per year to Congress and the Secretary under this Act and the contracts; counting Office on their evaluation of S2946 CONGRESSIONAL RECORD — SENATE April 9, 1997 the development of the draft Tongass SUBCOMMITTEE ON AIRLAND FORCES Haverim has always tried to attend to land management plan. Mr. GRAMS. Mr. President, I ask the needs of the local community and Those who wish to submit written unanimous consent that the Sub- Greater Hartford, as well, through its statements should write to the Com- committee on Airland Forces of the various adult education, community mittee on Energy and Natural Re- Committee on Armed Services be au- outreach, and other programs. Whether sources, U.S. Senate, Washington, DC thorized to meet on Wednesday, April through sponsoring a lecture or the 20510. For further information, please 9, 1997, at 10 a.m. in open session, to re- volunteers it regularly provides to call Judy Brown or Mark Rey at (202) ceive testimony on unmanned aerial local soup kitchens or its participation 224–6170. vehicle programs, operations and mod- in area-wide food or clothing drives, f ernization effort in review of S. 450, the Congregation Kol Haverim, like other National Defense Authorization Act for houses of worship in the area, has al- AUTHORITY FOR COMMITTEES TO fiscal years 1998 and 1999. ways strived to give of itself to the sur- MEET The PRESIDING OFFICER. Without rounding communities from which it COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. draws its strength. The new building TRANSPORTATION SUBCOMMITTEE ON HOUSING OPPORTUNITY AND will provide a pleasant and welcoming Mr. GRAMS. Mr. President, I ask COMMUNITY DEVELOPMENT new home for sacred study, communal unanimous consent that the Senate Mr. GRAMS. Mr. President, I ask worship, and social action. Committee on Commerce, Science, and unanimous consent that the Sub- I congratulate Congregation Kol Transportation be authorized to meet committee on Housing Opportunity Haverim, as it begins this new chapter on April 9, 1997, at 9:30 a.m. on the and Community Development, of the in its existence. I thank its members nomination of Kenneth Mead to be in- Committee on Banking, Housing, and for their initiative and all the good spector general of Department of Urban Affairs, be authorized to meet work they have done over the past 13 Transportation. during the session of the Senate on years, and I encourage them to con- The PRESIDING OFFICER. Without Wednesday, April 9, 1997, to conduct a tinue to address all the good work that objection, it is so ordered. hearing on S. 462, the Public Housing remains to be done.∑ f Reform and Responsibility Act of 1997. COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without f TRANSPORTATION objection, it is so ordered. Mr. GRAMS. Mr. President, I ask SUBCOMMITTEE ON INTERNATIONAL ECONOMIC IN HONOR OF THE FALLEN AIR- unanimous consent that the Senate POLICY, EXPORT AND TRADE PROMOTION MEN OF THE 440TH AIRLIFT Committee on Commerce, Science, and Mr. GRAMS. Mr. President, I ask WING Transportation be authorized to meet unanimous consent that the Sub- Mr. KOHL. Today, Mr. President, I on April 9, 1997, at 10 a.m. on aviation committee on International Economic ∑ would like to take a moment to re- accidents: investigations and re- Policy, Export and Trade Promotion of member the men and women of the sponses. the Committee on Foreign Relations be 440th Airlift Wing, based at Mitchell The PRESIDING OFFICER. Without authorized to meet during the session Field in Milwaukee, who died and were objection, it is so ordered. of the Senate on Wednesday, April 9, injured in the course of their duty on COMMITTEE ON FINANCE 1997, to hold a hearing. April 1, 1997. At a treacherous airport Mr. GRAMS. Mr. President, the Fi- The PRESIDING OFFICER. Without in Honduras, far from home, three air- nance Committee requests unanimous objection, it is so ordered. men made the ultimate sacrifice for consent for the full committee to hold f their country. On a routine resupply a hearing on Medicare payment poli- ADDITIONAL STATEMENTS mission, their C–130 skidded off the end cies for post-acute care on Wednesday, of the runway while attempting to land April 9, 1997, beginning at 10 a.m. in at Tocontin International Airport in room SD–215. CONGREGATION KOL HAVERIM Tegucigalpa. The plane burst into The PRESIDING OFFICER. Without Mr. LIEBERMAN. Mr. President, I flames killing Senior M. Sgt. Leland objection, it is so ordered. ∑ rise today to honor Congregation Kol Rassmussen, S. Sgt. Vicki Clifton, and COMMITTEE ON FOREIGN RELATIONS Haverim of Glastonbury, CT, in rec- Senior Airman Samuel Keene. Also in- Mr. GRAMS. Mr. President, I ask ognition of the groundbreaking for its jured in the crash were T. Sgt. Joseph unanimous consent that the Commit- new synagogue building held on April Martynski, Capt. Ian Kincaid, M. Sgt. tee on Foreign Relations be authorized 13, 1997. Through sheer determination, Steven Hilger, T. Sgt. Danny to meet during the session of the Sen- a singleness of purpose and spirit, as Formanski, Capt. Michael Butler, S. ate on Wednesday, April 9, 1997, at 2 well as the considerable generosity of Sgt. Dean Ackmann, and Capt. Robert p.m. to hold a hearing. its members and the community at Woodard. The PRESIDING OFFICER. Without large, this congregation of 200 families The 440th flies out of my hometown, objection, it is so ordered. is now realizing a dream that no one Milwaukee, WI and I am proud of their COMMITTEE ON GOVERNMENTAL AFFAIRS would have thought possible only a few commitment to excellence. Over the Mr. GRAMS. Mr. President, I ask short years ago. years they have been called on many unanimous consent on behalf of the Congregation Kol Haverim was times to serve their country in foreign Governmental Affairs Committee to formed only 13 years ago by a handful lands and dangerous circumstances. meet on Wednesday, April 9, 1997, at of Jewish families in the Glastonbury They are an example of the best the 1:30 p.m. for a hearing on the role of area, worshiping initially in the back- Reserve system has to offer, and I was the Department of Commerce in the room of a local grocery store, and later deeply saddened to hear of their loss. Federal statistical system, and oppor- purchasing a former Knights of Colum- Too often we take for granted the tunities for reform and consolidation. bus hall that serves as its present one risks members of the military run on a The PRESIDING OFFICER. Without room home. Over the past 2 years, the day-to-day basis. We assume that be- objection, it is so ordered. congregation has raised over $1.3 mil- cause the United States is at peace sol- SELECT COMMITTEE ON INTELLIGENCE lion and its architects have designed a diers do not face danger. While in fact, Mr. GRAMS. Mr. President, I ask new building, to be added as an addi- everyday men and women in our armed unanimous consent that the Select tion to the existing facility, that has services put their lives on the line. Committee on Intelligence be author- been praised by local town planning They do it quietly and without fanfare. ized to meet during the session of the and zoning officials as a model of de- It seems that only when tragedy Senate on Wednesday, April 9, 1997, at sign for new construction in the area. strikes do we take a moment to appre- 2:30 p.m. to hold a closed hearing on in- In addition to attending to the spir- ciate their courage and sacrifice. telligence matters. itual needs of its members through I would also like to take a moment The PRESIDING OFFICER. Without worship services and its ever-growing to thank those brave Honduran citizens objection, it is so ordered. religious school, Congregation Kol who risked their lives to help victims April 9, 1997 CONGRESSIONAL RECORD — SENATE S2947 of the crash. With the wreckage burn- nies can afford it and they ultimately re- GIRL SCOUTS AND BOY SCOUTS OF ing only 100 yards from two gas sta- ceive the additional benefit of having to pay RHODE ISLAND, 1996 for fewer claims. And as I am sure you’re tions, these good Samaritans waded ∑ Mr. CHAFEE. Mr. President, it is into the fiery crash site to rescue com- aware, recent studies have shown the cost ef- fectiveness of research, is of course a crucial with great pleasure that I present to plete strangers. Because of their self- factor in the balanced budget debate. As you Rhode Island’s outstanding recipi- less courage, lives were saved and crip- America ages, the attendant health problems ents of the highest honors for Girl pling injuries avoided. will not go away unless we give our best re- Scouts and Boy Scouts. They have dis- Those injured in the accident have searchers the funds they need to stay ahead tinguished themselves as community my best wishes for a speedy and com- of a developing crisis. leaders, service volunteers, and men- plete recovery. My heart goes out to Thank you again for all the helpful com- tors for their peers. the families of Leland, Vicki, and Sam- ments you have made so far about research For more than 50 years, artist Nor- uel. Over the years these three airmen since the convention last year. Now is the time for all of us to push into high gear. man Rockwell captured in his paint- have foregone time with their families With best wishes for a speedy recovery. ings the spirit and sense of America in order to serve their country, and Sincerely, and its people. A large number of these now the Nation owes them a debt it CHRISTOPHER REEVE, paintings portrayed Scouts and Scout- can never fully repay. All we can offer (Signed by Michael Manganiello, ing. Few other childhood activities bet- is our deepest sympathy and highest Special Assistant to Christoper Reeve).∑ ter represent the commitment to God, esteem.∑ country, and community that is inher- f f ent in Scouting. Providing girls and boys with tools CHRISTOPHER REEVE ON MEDICAL and leadership skills that will be useful RESEARCH COMMEMORATING THE CITY OF NASSAU BAY’S ASTRONAUT DAY throughout their lives, Scouting is in- ∑ Mr. HARKIN. Mr. President, on FESTIVAL delibly linked with transforming March 13, 1997, along with Senator youths into able, educated, well-round- ARLEN SPECTER, I introduced biparti- ∑ Mrs. HUTCHISON. Mr. President, I ed adults. Activities like camping, san legislation, S. 441, the National rise to commend the city of Nassau service projects, and weekly meetings Fund for Health Research Act. This im- Bay for its efforts to celebrate the de- aim to build character, encourage re- portant bill would provide additional velopment of space exploration and the sponsible citizenship, and develop phys- resources for health research over and international cooperation associated ical, mental, and emotional fitness. above those provided to the National with it. Nassau Bay is hosting a special The highest honors that a Girl Scout Institutes of Health in the annual ap- day of recognition for America’s astro- can earn are the Gold and Silver propriations process. The fund will help nauts and their Russian counterparts Awards, which are presented to those eradicate some of the illnesses that on April 12, 1997. In addition, the State girls who have shown exemplary com- now strike millions of Americans. of Texas has proudly honored these mitments to personal excellence and At this time I would like to submit brave men and women by declaring unwavering public service. Likewise, for the RECORD a letter from Chris- April 12th ‘‘Space Explorers’ Day’’ in the Eagle Award is the highest honor topher Reeve endorsing the National Texas. I rise today to appropriately that can be earned by a Boy Scout. Re- Fund for Health Research Act. Chris- recognize this day in the U.S. Senate. cipients have displayed the highest topher Reeve has worked tirelessly Nassau Bay is located near NASA’s achievable skills in outdoor activities since his accident to increase funding Lyndon B. Johnson Center. The com- and incomparable service records. for medical research. We all owe Chris- munity has been integrally involved in Behind every Girl Scout and Boy topher Reeve a debt of gratitude for this Nation’s space exploration activi- Scout troop is a group of similarly bringing health care concerns to the ties since we began the space program dedicated parents and leaders who attention of all Americans. He and I a generation ago. Nassau Bay residents guide the youths through their both realize that the Fund for Health were among those to walk on the Moon achievements. Research Act could hold the key to and provide the technical and manage- It is for all these reasons that I am finding successful treatments for hun- rial support necessary for America’s proud to honor the recipients of Girl dreds of diseases. In his letter, Chris- successful space program. Today, Nas- Scouts’ Gold and Silver Awards and the topher Reeve states that S. 441 will sau Bay is still critical to NASA’s Boy Scouts’ Eagle Scout Award. The give our best researchers the funds manned space mission. Nassau Bay outstanding achievements of these they need to stay ahead of a developing rightfully celebrates the continuation young recipients warrant our praise, crisis. I agree wholeheartedly with his of that mission by hosting ‘‘Astronaut admiration, and thanks. So that we all assessment and urge the Senate to Day’’ on April 12. may know who they are, I ask that the move quickly on this legislation. I now Astronaut Day celebrates the men complete list of awardees be printed in ask that the text of Christopher and women who have expanded the RECORD. Reeve’s letter be printed in the humankind’s horizons and recognizes The list follows: RECORD. the technological advances resulting GIRL SCOUT 1996 GOLD AWARD RECIPIENTS The letter follows: from their work that have been incor- CUMBERLAND, RI porated into our everyday lives. I join CHRISTOPHER REEVE, Nicole Tetreault. March 20, 1997. Nassau Bay and the State of Texas in JOHNSTON, RI President CLINTON, honoring the many dedicated men and Shannon Quigley, Sandra Shackford. The White House, Washington, DC. women who devote their time and tal- NARRAGANSETT, RI DEAR MR. CLINTON. I was sorry to hear ents to helping this Nation realize the Kate Hohman, Renee Johnson, Jill Raggio. about your unfortunate accident but glad to cherished dream of space exploration. NORTH PROVIDENCE, RI know you will make a full recovery and that They have truly broadened the fron- Marissa Borrelli. your activities won’t be limited in the fu- tiers of knowledge and their outstand- ture. The sight of you in a wheelchair was SAUNDERSTOWN, RI very moving but also a helpful image for all ing accomplishments are worthy of Angela Briggs. Americans particularly the disabled. special recognition. SMITHFIELD, RI At the risk of becoming a pest, I’m taking Mr. President, I appreciate this op- Heather Harkness, Christina Riccio. this opportunity to ask your support for leg- portunity to give Nassau Bay the rec- WAKEFIELD, RI islation introduced last week by Senators ognition it deserves in the U.S. Senate. Meghan Higgins. Specter and Harkin which would require in- I urge my colleagues to join me, the WOONSOCKET, RI surance companies to donate 1 penny out of city of Nassau Bay, and the State of Melissa Brin. every dollar they receive in premiums to the Texas in reflecting on the important NIH. It is estimated that this would provide an additional $6 billion dollars annually for contributions our space pioneers and GIRL SCOUT 1996 SILVER AWARD RECIPIENTS research. explorers have made to history, BRISTOL, RI I feel it is an excellent proposal because it science, and the quality of our lives on Sara Belisle, Kathleen Cahill, Sandra does not raise taxes, the insurance compa- this planet.∑ Koch, Afiya Samuel. S2948 CONGRESSIONAL RECORD — SENATE April 9, 1997

CRANSTON, RI Christopher J. Ryan, Jeffrey J. Previdi, SAUNDERSTOWN, RI Robin Grady, Bethany Lavigne, Kathryn Brian Wood, Casey M. O’Donnell, Nicholas C. Joshua J. Gabriel. Seadale, Brian C. Keeney, N. Ross Kiely. Mullican, Jessica Sanchez. SCITUATE, RI BLACKSTONE, MA CUMBERLAND, RI Scott D. Bear, Jared A. Fasteson, Wayne F. Suzanne Gustafson, Elizabeth Rivard. Kevin M. Boyko, Timothy P. Doyle. Smith. EAST GREENWICH, RI BRISTOL, RI SEEKONK, MA Elissa Carter. Michael David Blank, Raymond B. Murray. Matthew James Schupp, Zebulon P. Fox, EXETER, RI BURRIVILLE, RI Andrew L. Libby. Laura Moriarty. Kenneth DeBlois. WARWICK, RI KENYON, RI CENTRAL FALLS, RI Jon Thomas Selby, Marc A. Berman, Chris C. Schreib, Joseph Michael Bizon, Michael J. Tracy Williams. Daniel Joseph Malenfant. Narowicz, Joseph M. O’Connor, Michael A. COVENTRY, RI LINCOLN, RI Milner, Jason G. Naylor, Steven M. Sullivan. Michael B. Sullivan, Jeffrey A. Taylor. Johanna Simpson. WEST GREENWICH, RI CRANSTON, RI LITTLE COMPTON, RI Edward C. Morgan, Geoffrey Albro. Ruth Gordon. Zaven R. Norigian, Benjamin Mark Terry, Michael Frank Ferraro, Seth Benjamin WEST WARWICK, RI MIDDLETOWN, RI Kahn, Michael P. Gallo, Michael W. Libby, Steven R. Bentley, John Richard Ferri, Meredity Benvenuto, Meghan Franklin, Kevin Michael Thurber, Joshua A. Terry, Joshua Joseph Roch, Paul Ambrose Lague, Elizabeth Mack, Heather Markman, Casey David O. Ober, Matthew Brian Beltrami. Brendon M. Warner, Jonathan Santini, Eric Serls. CUMBERLAND, RI R. Bosworth, Dana P. Graves, Jacob James Cahalan, Charles Gardner. NARRAGANSETT, RI Sven John Myeberg, Adam Ryan Dau, Al- Lucia Marotta. bert R. Greene III. WESTERLY, RI NEWPORT, RI EAST GREENWICH, RI Peter E. Cabral.∑ Mary Ann Compton, Amanda Grosvenor, William R. Sequino, J. David C. M. f Jennifer Sawyer. Whittingham, Derrick James Mong, Derek L. SIXTH ANNIVERSARY OF THE RE- NORTH KINGSTOWN, RI Flock, Matthew V. Cawley, Matthew INDEPENDENCE OF THE REPUB- Kelly Blinkhorn. Lundsten, Matthew Wolcott, Mark A. Fondi. FOSTER, RI LIC OF GEORGIA NORTH PROVIDENCE, RI Nicole Aiello, Beth Bader, Bonnie Bryden, Adam C. Copp, Nickolas A. Charrette. ∑ Mr. McCONNELL. Mr. President, I Sarah Cardin, Jenifer DeGrace, Laura Ann GLOCESTER, RI rise today to commemorate the sixth DiTommaso, Jean Ann Douglas, Valeria Fer- Scott Adam Carpenter, Steven Bruce Nel- anniversary of the re-independence of rara, Sabra Integlia, Alison Kole, Carissa son. the Republic of Georgia. Leal, Candida Linares, Karen Linares, Sum- HOPKINTON, RI Georgia has a rich cultural heritage mer Lockett, Pamela Ricci, Dawn Shurtleff, James M. Lord. spanning over 2,000 years, and recent Stephanie Swartz. history provides a remarkable story in JOHNSTON, RI NORTH SMITHFIELD, RI the struggle against communism. First Robert F. Amato, Daniel C. Ullucci, Don- Maureen McPherson, Laura Peach, Sarah annexed by Russia in 1801, Georgia ex- ald J. Bressette, William J. Giblin, Jr., Ste- Peach, Lisa Rowey, Heather Senecal. ven E. Piccotte, Jr. perienced a brief glimpse of independ- PAWTUCKET, RI ence in 1918 when Georgia relinquished KINGSTON, RI Briana Fishbein, Nicole Gendron, Alyssa its ancient monarchy for a democrat- Dana Clark Seaton. Nunes. ically elected government. In 1921, MANVILLE, RI PORTSMOUTH, RI however, the iron curtain descended on Christopher Scott Horton. Jennifer Lake, Carrie Miller, Elizabeth this small, yet proud country, and over Nunes. MIDDLETOWN, RI the next 70 years suffered terribly PROVIDENCE, RI Michael A. Incze. under the heavy hand of Soviet com- Arielle Ascrizzi, Mika Clark, Angela NEWPORT, RI munism and its centrally planned econ- Fayerweather, Rita McCartney, Stacy Jesse Silvia, Michael A. Thomas, Jr., Rob- omy. Through it all, the Georgian peo- Montvilo. ert A. Zeuge, Doug M. Nelson, Roland E. ple never gave up their hope or desire SAUNDERSTOWN, RI Zeuge, John Kenneth Mossey. for freedom and independence. Karena Burnham. NORTH KINGSTOWN, RI On April 9, 1989, violence erupted in the Georgian capitol of Tbilisi, as So- WARREN, RI Andrew J. Vanasse, Donald T. Braman, Nicholas J. Veasey. viet troops swarmed the city and fell April Lau, Nicole Peck, Jody Valente. NORTH SCITUATE, RI on 10,000 peaceful citizens demonstrat- WARWICK, RI Mark Ullucci. ing for independence. During the ensu- Carolyn Beagan, Sara Berman, Amanda ing violence, more than 200 people were NORTH SMITHFIELD, RI Cadden, Becky Csizmesia, Justine Evans, injured and 19 killed. Some, including Kristen Giza, Bethany Linden, Amanda Joshua S. Mowry, Timothy M. Reilly, women and children, were tragically Marcoccio, Kerri McLaughlin, Lauren David R. Katz. Ramieri, Catherine Rousseau, Leah Wallick. beaten to death with shovels. This PAWTUCKET, RI event marked the beginning of the end WEST GREENWICH, RI Jonathan A. Bray, Jupesi Gonzalez, Jessie of Soviet domination. Exactly 2 years Rachel Fontaine. Alan Dyer. later, on April 9, 1991, Georgia offi- WEST KINGSTON, RI PORTSMOUTH, RI cially declared its independence, a day Audra Criscione. Jason C. Weida, Michael David Andrews, which is remembered as the anniver- WEST WARWICK, RI Samuel Magrath IV, Scott R. Obara, Douglas sary on which Georgia’s long fight for M. Doherty, Kenneth E. Hoffman, Jr., Chris- Tracyjo Jorgensen, Jennifer Malaby, freedom was again realized. topher Cardoza, Jason J. Reynolds. Kerrin Massey. Since then, under the leadership of PROVIDENCE, RI WESTERLY, RI President Eduard Shevardnadze, Geor- Andrew P. Magyar, Peter N. Wood, Jr., Jamie Hanson, Karen McGrath, Heather gia has made remarkable strides to- Brendan R. Foley-Marsello, Jeremy S. Norman. ward a free market economy and demo- Harkey, Matthew T. Whitman, Michael Ed- WYOMING, RI ward Winiarski, Nicholas Q. Emlan, Damon cratic rule of law. A constitution Kelly Marie Henry. G. Cotter, Luke C. Doyle, William David founded on democratic principles and Garrahan, Richard James Marcoux, Andrew values has been adopted, and free and BOY SCOUT 1996 EAGLE AWARD RECIPIENTS M. Good. fair presidential and parliamentary BARRINGTON, RI RIVERSIDE, RI elections were held. A new generation John Eugene McCann IV, Curtis G. Barton, Michael W. Caine, Michael L. Robertson, of young, energetic democratic leaders Thayer Harris, Bretton R. McDonough, Ben- Kevin J. Smith, Matthew Michael Hodges, has emerged, led by 34-year-old Zurab jamin A. Rasmussen, William Prescott Read, Eric Olson. Zhvania, Chairman of the Parliament, April 9, 1997 CONGRESSIONAL RECORD — SENATE S2949 who I recently met with. On the eco- need for immediate, measurable edu- patible with the law. The Tele- nomic front, Georgia’s new currency, cation reform. To show the importance communications Act of 1996 states the lari, has remained stable since its of strong academic skills to employers, clearly and unambiguously that the introduction in 1995. The International I am working with several businesses FCC ‘‘shall initiate a single proceeding Monetary Fund and the U.S. Depart- in New Mexico to develop employment to implement the recommendations ment of State have praised Georgia’s incentives for students who take and from the Joint Board . . . and shall economic initiatives and their signifi- pass AP exams, especially in the core complete such proceeding’’ by May 8, cant progress in developing a free-mar- academic areas of English, math, and 1997. ket economy. Several U.S. corpora- science. In addition, I am gratified that It would be consistent with this un- tions have already established a pres- the State legislature increased funding equivocal statutory requirement for ence in Georgia, spurring jobs and eco- for the AP New Mexico program to the FCC to adopt specific new rules on nomic growth in both nations. $200,000 next year, as I requested in tes- May 8 and have them take effect in the Mr. President, I encourage everyone timony before the relevant commit- future. It would also be consistent with to note this historic day, and congratu- tees. the statute for the FCC to adopt gen- late Georgia on its extraordinary Despite this important progress, eral outlines of new rules on May 8, progress toward democracy and free- West Mesa High School and New Mex- and fill in specific details by subse- market principles.∑ ico have a long way to go to more fully quent order. The FCC can, and in my f utilize the AP program as a way to judgment should, avail itself of these challenge high school students, raise courses of action if it finds, for what- RAISING ACADEMIC STANDARDS academic achievement to higher levels, ever reason, that it cannot adopt final AND LOWERING COLLEGE COSTS and improve our long-term economic rules on all aspects of universal service AT WEST MESA HIGH SCHOOL, productivity. In New Mexico, roughly on May 8. But one thing the FCC can- ALBUQUERQUE, NM 5,000 students took AP classes in 1996— not do by law is pick and choose some ∑ Mr. BINGAMAN. Mr. President, I rise up 22 percent from 2 years ago—with a statutory requirements to put into ef- to honor the achievements of the stu- 20-percent increase in AP tests taken, fect on May 8, and delay the rest till dents and educators at West Mesa High but this is still below the national av- later. School in Albuquerque, NM, and espe- erage. New Mexico’s per-capita partici- Let me be clear. I can understand the cially its growing Advanced Placement pation rate remains 20 percent lower possible problem Chairman Hundt [AP] program. than Arizona’s and 40 percent below the faces: too much proposed subsidy, and On Tuesday, April 1, I had the oppor- national average. not enough revenue to handle it with- tunity to visit West Mesa and speak We are facing an uphill struggle to out raising rates for telephone service. with students and teachers participat- improve our schools and students’ aca- I emphatically am not suggesting that ing in the school’s AP program. Sev- demic performance in several areas, in- he simply proceed to adopt final uni- eral State legislators and business cluding making better use of the AP versal service fund rules and thereby leaders joined me in a short but invalu- program. But the strides that West raise telephone rates on May 8. But if, able group discussion and class visit. Mesa High School is making are com- after studying universal service as ex- pelling evidence that we can make real Perhaps most impressive was the tensively as it has, the FCC has con- and lasting positive change in our visit to one of Mr. Tomas Fernandez’ cluded that it cannot implement the schools. I congratulate West Mesa’s AP English classes, where students ex- universal service provisions of the stat- students and teachers on their accom- plained in their own words why AP ute without increasing telephone rates plishments so far, wish them well on courses are so important. In this class, or incurring similar unacceptable out- further advancement, and offer my as- the students don’t ask for less home comes, it must defer from implement- sistance as they continue to improve.∑ work or ‘‘dumbed-down’’ classes; they ing any universal service rules until it are demanding more challenging class- f can satisfactorily demonstrate to both es and higher academic expectations UNIVERSAL SERVICE the Congress and the public that any for all students. While AP classes are IMPLEMENTATION rate increases that would result are in- new to many, and set a very high ∑ Mr. MCCAIN. Mr. President, I have evitable in fact and appropriate in standard, the students had found that read the report in the Wall Street amount. they could succeed. Journal that Federal Communications Unless and until the FCC can do that, Principal Milton Baca and a growing Commission Chairman Reed E. Hundt the Commission should take no final number of West Mesa teachers are re- proposes to implement only a portion action on universal service. To try and sponding to this demand by providing of the new universal service fund rules evade the issue by implementing the more and more challenging classes in by the statutory deadline of May 8. parts of universal service that may be the school’s growing AP program. For Specifically, he suggests delaying the politically desirable while dodging the example, West Mesa recently added an adoption of rules assuring reasonable rest because it appears politically AP Calculus course in addition to its rates for telephone subscribers in rural unpalatable would be a dereliction of AP English course, and five teachers and high-cost areas, although he would the Commission’s duty under law.∑ attended AP teacher training insti- proceed to implement a new $3 billion f tutes last summer. More teachers are yearly fund to wire schools, libraries, HONORING LARA GREEN SPECTOR planning to attend AP training courses and health care facilities through an this summer so they can start an AP unspecified tax on telephone company ∑ Mr. LAUTENBERG. Mr. President, I science course in the next school year. revenues. rise to honor Lara Green Spector, the I applaud all of these efforts. Last January I wrote to Chairman Tobacco-Free Kids East Regional For college-bound students, taking Hundt about his apparent desire to im- Youth Advocate of the Year. Lara is a AP courses and passing AP exams can plement these provisions prior to im- ninth grader from Montclair High translate into valuable college credits plementing the remainder of the uni- School in New Jersey who truly exem- for advanced high school work. For versal service provisions of the statute. plifies the old adage that one person those AP students who decide not to go At that time, I stated that sound im- can make a difference. to college, they and their prospective plementation of the Telecommuni- Lara was the motivating force behind employers can be confident that they cations Act requires that the Commis- Montclair’s recently passed ordinance are better prepared academically and sion resolve all the related issues in- banning cigarette vending machines will have an advantage as they com- volved in universal service carefully and self-service displays. Who knows pete for jobs and enter the work force. and contemporaneously. how many Montclair teenagers and Because AP programs are so bene- Apparently Chairman Hundt has not children may not take up smoking be- ficial to both work- and college-bound changed his view, Mr. President, but cause cigarettes are now more difficult students, I have been working on ef- neither have I. to obtain. And local public officials, forts to expand these programs, as part Implementing universal service fund- school advisers and residents all agree of the solution to our State’s clear ing in separate stages would be incom- that this ordinance would never have S2950 CONGRESSIONAL RECORD — SENATE April 9, 1997 become a reality without Lara’s initia- versity of California at Los Angeles. At ie Robinson Foundation Golf Classic. tive, leadership and tenacity. UCLA, Robinson became the first ath- Additionally, President Clinton will Lara also organized a townwide pro- lete ever to win varsity letters in four honor his memory with Rachel Robin- gram for the Great American sports: baseball, basketball, football, son in an April 15 ceremony at Shea Smokeout in November 1996. Her pro- and track. Stadium during a game between the gram included a poster contest in the Such an amazing and talented ath- Dodgers and the New York Mets. local elementary schools and a quiz lete, however, was not welcomed into I salute the memory of Jackie Robin- the arms of American baseball fans or son on this, the 50th anniversary of his contest in the middle schools. She also of its players back in the spring of 1947. created and distributed a fact sheet to becoming the first black baseball play- Jackie Robinson fought prejudice and er in the major leagues.∑ every Montclair student. For years, to- harassment with every base he ran, f bacco companies have used youth ori- every ball he hit, and every victory he ented advertisements, like Joe Camel, helped win for his team. Players and MEASURE READ THE FIRST to send a false message to young people coaches yelled racial slurs at him, and TIME—S. 543 that smoking is cool and glamorous. one team even threatened to strike in Mr. LOTT. Madam President, I un- Education campaigns like Lara’s help protest of Robinson’s presence in their derstand that S. 543, introduced today blow away their smoke screens and city. But Robinson, remembering how by Senator COVERDELL, is at the desk, demonstrate that cigarettes are addict- his mother refused to sell their family and I ask for its first reading. home and move away amid protests ive and deadly. The PRESIDING OFFICER. The from white neighbors, persevered. clerk will read the bill for the first Mr. President, for years, I have led He faced hatred and racism with the crusade in this Chamber against time. courage and conviction, proving to The legislative clerk read as follows: teenage and youth smoking. I am cer- teammates, opponents and fans alike tainly happy to have an exceptional that he had earned the right to play A bill (S. 543) to provide certain protec- tions to volunteers, nonprofit organizations, foot soldier like Lara join me in the professional baseball through his sheer and governmental entities in lawsuits based fight. athleticism. Along the way, Robinson on the activities of volunteers. By working to stop children and became the role model for future base- ball icons such as Hank Aaron and Mr. LOTT. I now ask for its second young people from smoking, Lara reading and object to my own request Green Spector is enhancing lives and Willie Mayes. Shortly after his retirement from on behalf of Senators on the Demo- saving lives. She is an outstanding stu- cratic side of the aisle. dent, activist, and citizen, and I have a baseball in 1957, Jackie Robinson helped to further the rights of all Afri- The PRESIDING OFFICER. Objec- feeling that we have not heard the last can-Americans by becoming a spokes- tion is heard. from her on Capitol Hill.∑ man and fundraiser for the National f f Association for the Advancement of Colored people [NAACP]. He traveled ORDERS FOR THURSDAY, APRIL COMMEMORATING THE 50th ANNI- 10, 1997 VERSARY OF JACKIE ROBIN- the country urging black communities to work together for equal rights, edu- Mr. LOTT. Madam President, I ask SON’S DEBUT IN PROFESSIONAL unanimous consent that when the Sen- BASEBALL cating and encouraging them to par- ticipate in the new civil rights move- ate completes its business today, it ∑ Mrs. FEINSTEIN. Mr. President, 50 ment. He became a role model all over stand in adjournment until the hour of years ago a true American hero walked again, this time to millions of men and 9:30 a.m. on Thursday, April 10. onto Ebbets Field one afternoon and women who saw inequality and wanted I further ask unanimous consent that forever shattered the color barrier with to change it. on Thursday, immediately following one swing of his bat. His name was the prayer, the routine requests Jack Roosevelt Robinson. Jackie Robinson represents every- thing good with baseball, and every- through the morning hour be granted On that day, 7 years before Brown thing great with America. By com- and the Senate immediately resume versus the Board of Education allowed memorating his achievements and his consideration of the Thurmond amend- school children of all colors to sit in entrance onto the professional baseball ment to S. 104, the Nuclear Policy Act. the same classroom, 16 years before fields, his legacy lives on, inspiring yet The PRESIDING OFFICER. Without Martin Luther King Jr. spoke of his another generation of fans to realize objection, it is so ordered. dreams at the foot of the Lincoln Me- their dreams and break new ground f morial, and 18 years before the Civil along the way. Rights Act became the law of the land, Jackie Robinson once said, ‘‘A life is PROGRAM Jackie Robinson did more for the equal not important except in the impact it Mr. LOTT. Madam President, for the rights movement and the sport of base- has on other lives.’’ By that standard, information of all Senators, tomorrow ball than had anyone before him. Jackie Robinson’s life was as impor- at 9:30 a.m. the Senate will resume con- Jackie Robinson on April 15, 1947, be- tant as America’s greatest heroes sideration of the Thurmond amend- came the first professional black ath- throughout history, and we as a nation ment to the Nuclear Policy Act. Thus lete to play America’s pastime, base- are all grateful and proud of his accom- far, we have made, I think, some ball. In his Brooklyn Dodgers uniform, plishments. progress on this important legislation. he not only broke the color barrier, but Major league baseball has recognized It is my hope that the Senate will be he also broke numerous baseball Jackie Robinson’s achievements by able to make additional progress dur- records during his 10-year professional dedicating the 1997 season to his mem- ing tomorrow’s session and that we career. ory. As part of these festivities, last will be able to bring it to conclusion. By the end of his tenure as a player, week’s opening day games were played But I do want to advise Senators that Jackie Robinson would become one of in all major league stadiums with a we do expect the likelihood of votes on America’s most celebrated and honored Jackie Robinson commemorative base- amendments tomorrow and possibly athletes. He became major league base- ball. Just last weekend, the Los Ange- even final passage, although that is ball’s first Rookie of the Year—an les Dodgers paid tribute to the Hall of still being discussed. award now named after him, the na- Famer in a pregame ceremony at- f tional league’s Most Valuable Player, tended by Rachel Robinson, Jackie’s holder of the coveted batting title, a widow. ADJOURNMENT UNTIL 9:30 A.M. six-time member of Dodgers’ World Se- The Dodgers plan many other activi- TOMORROW ries teams, a member of the 1955 world ties throughout the year such as a Mr. LOTT. Madam President, if there champion Dodgers, and a member of Jackie Robinson poster distributed to is no further business to come before the Baseball Hall of Fame. all Los Angeles district schools, a spe- the Senate, I now ask unanimous con- As the senior U.S. Senator represent- cial section devoted to Robinson on the sent the Senate stand in adjournment ing California, I am particularly proud Dodgers’ official web site, a salute to under the previous order. of the fact that Jackie Robinson was Jackie Robinson scholarship winners, There being no objection, the Senate, from the Golden State, raised in Pasa- an historic Robinson display at Dodger at 7:03 p.m., adjourned until Thursday, dena, and was a star athlete at the Uni- Stadium and assistance with the Jack- April 10, 1997, at 9:30 a.m.