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FOIA Number: 2012-0769-F FOIA MARKER This is not a textual record. This is used as an administrative marker by the William J. Clinton Presidential Library Staff. Collection/Record Group: Clinton Presidential Records Subgroup/Office of Origin: Council on Environmental Quality Series/Staff Member: Kathleen (Katie) McGinty Subseries: OA/ID Number: 2886 FolderID: Folder Title: Congressional: Weekly Briefings Stack: Row: Section: Shelf: Position: S 61 5 9 2 WATER Budget approval for some positions. "We've just started meeting with other agencies in the inter-agency task force and there has not been time to hammer out detailed positions," the aide said. Members of the subcommit- tee chided the administrator for only providing copies of her testimony several hours before the hearing. Browner flagged "priority problems" Nevertheless, Browner flagged several "priority problems" that she said should be addressed during reau- thorization, including finding funding sources for water quality control and delivery; controlling wet weather flows, such as combined sewer overflows, stormwater discharges and polluted runoff; and a broad category that called for the "recognition of the value and cost of clean water and healthy waterbodies." Although vague, Browner did offer some details of possible changes to nonpoint source legislation. "While section 319 nonpoint management programs provide a good starting point, stronger measures are needed," she said. The administrator said that the administration's "approach of first choice" would be voluntary, but would include "a back-up regulatory approach which would be used when voluntary approaches don't work." In addition, Browner pointed to preliminary results of EPA's 1992 survey of state funding needs, noting significant Needs survey points to 'daunting' increase in increases due to population growth, deterioration of facilities, funding requirements new requirements and newly eligible activities (see box). She Preliminary findings of an EPA study show that state called on Congress to fully fund the Clinton administration's funding needs for municipal wastewater treatment have in- proposals for new state revolving loan funds for drinking water creased by "daunting" amounts, EPA Administrator Carol and wastewater. Browner told a House subcommittee May 5, citing an "These critical environmental issues require effective, increase in constant dollars from $90 billion in 1988 to innovative solutions that in practice, must be implemented with $108 billion in 1992. the resources we can reasonably expect to be available to But "as daunting as these figures are," Browner said governments and the private sector," Browner told the House in testimony before the House Subcommittee on Water Re- Subcommittee on Water Resources & Environment. "We need sources & Environment, "there is reason to believe that to tap the energy and ideas generated by public and private some needs are seriously underestimated." For example, partnerships and to involve those with a stake not only in EPA, states and localities have not yet determined how to achieving the goals but in implementing the solutions by which meet statutory requirements for combined sewer controls these goals are to be attained," she added. and stormwater management, while the agency has "no es- Although Browner did not directly respond to questions timates at all" regarding the funding needs for aquatic eco- about administration plans to introduce its own reauthorization system protection and restoration. "Therefore, the docu- bill, she emphasized throughout her lengthy testimony that the mented needs do not yet fully reflect the costs of correcting administration is seeking to work with congressional aides and these problems," she said. members to fashion reauthorizing language. This indicates that Browner pointed to four reasons for these increased the administration is willing to allow congressional staff to needs: develop a bi-partisan bill, and would only introduce their own continued population growth and redistribution; bill should the current efforts break down, one environmental- deterioration of older sewers and other facilities; ist said. Acting Assistant Administrator for Water Martha new requirements to protect water quality; and Prothro has been representing EPA in discussions with congres- newly eligible activities. sional staff on reauthorization (see related story). EPA has already determined that documented needs Many members indicated their willingness to work with for CSOs have increased by $5 billion, largely because the Browner and her aides on the reauthorization effort, including costs resulting from a lack of CSO controls are better the Chairman of the House Public Works & Transportation understood today, Browner said. In addition, advanced Committee, Rep. Norman Mineta (D-CA), who emphasized the treatment needs have grown by $10 billion because secon- need for a solution to "the most controversial" clean water issue dary treatment controls have proven insufficient to meet - wetlands. "We need to make sure that wetlands protection is water quality standards, while a $3 billion increase for new fair and efficient," Mineta said, adding that "it will not be easy collectors is attributable to population growth and redistri- but I am committed to finding a solution." bution since the last survey was done in 1988. Both the pollution prevention and ecosystem approach Two other increases have resulted from state report- have long been touted by EPA and administration officials, and ing on needs prompted by new categories: stormwater environmentalists said that Browner's emphasis on these two pollution management and nonpoint source controls. For issues was no surprise. "It seems the administration does not each of these categories, states have reported increases in know how it will make these two issues work in the legislation, the range of $10 billion over 1988 needs. but they have at least indicated they will try," one environmen- EPA sources say that the final needs survey will be talist said. ready for review "very soon." continued on next page ENVIRONMENTAL POLICY ALERT - May 12, 1993 15 WATER Watershed protection and pollution prevention No 'backsliding' On watershed protection, Browner said the Clean Water Browner also moved to allay the fears of some environ- Act already provides EPA and states with the ability to look at mentalists that the use of a watershed approach would lead to entire ecosystems, but that "the statutory requirements need to backsliding or weakening of current standards. "The applica- be refined to ensure comprehensive implementation, [to] con- tion of the watershed approach does not imply a backsliding of solidate planning and [to] modify reporting requirements." current requirements," she said, adding, as an example, that Focusing on a watershed as a whole rather than on "merely national secondary treatment requirements "would remain and specific sources of pollution within the watershed is essential to the focus would be on eliminating threats that are not avoided ensure that we succeed in restoring and protecting the Nation's through its application." aquatic resources," Browner said, continuing that "adding a Pollution prevention, Browner said, offers an approach stronger geographically based approach to protecting our "within our base regulatory program that will allow us to move aquatic resources can ensure that solutions are carefully tailored even more effectively toward meeting the overall goals of the to address the unique circumstances facing each locality." CWA." Among the benefits of this approach, prevention also The Clinton administration, Browner said, "envisions an "reduces the likelihood that a 'solution' to one pollution prob- approach to water resource protection that looks first to the lem will simply transfer the residual pollutants to different ecosystem itself, evaluates its needs based on risk, and then media." tailors workable solutions to those needs through the participa- Processes such as switching to less-polluting solvents in tion of stakeholders in every phase of the process." Browner manufacturing processes and reducing water use "has the included in the watershed approach nonpoint source pollution, potential to produce permanent solutions to environmental habitat degradation, wetlands loss and threats to groundwater. problems," Browner said. CLEAN WATER ACT - EPA, Senate staff disagree over toxics, wet weather controls Negotiations between Senate staff and EPA officials aimed at developing a comprehensive Clean Water Act reauthorization bill by May 24 have run into difficulties over strict new restrictions on toxic pollutants and a schedule for implementing new wet weather and nonpoint source controls, according to sources close to the negotiations. One EPA source said the difficulties may result in the deadline for drafting the strawman bill being pushed back. "If they want to have that finished by May 24, they will have to stop talking and start drafting pretty soon," the source said. Acting Assistant Administrator for Water Martha Prothro, who is representing EPA in the discussions, met with with Jeff Peterson, an aide to Sen. Max Baucus (D-MT), chairman of the Senate Environment & Public Works Committee, at least three times between May 3 and May 7. Some EPA sources had recently expressed doubts about Prothro's ability - as a career staffer, rather than a political appointee - to represent the administration in political negotiations. But environmentalists, who have previously supported Senate efforts to reauthorize the Clean Water Act, this week praised EPA Administrator Carol Browner's decision not to wait until an appointed assistant administrator is in place. "It's true that an assistant admin- istrator would bring his or her own ideas to the bill," one environmentalist said, "but at least Browner is not waiting until then." Sources say that Senate staff are mindful of the difficulties additional funds can be provided, the source said. of tackling nonpoint source pollution, because of the strong On new controls for toxic pollutants, Senate staff have long influence of agricultural groups and Baucus's origins from called for strict new measures to restrict discharges. Peterson Montana - a predominantly rural state, heavily dependant on recently called for expanding the effluent guidelines program farming for its economic livelihood. Agricultural runoff is for industrial discharges by initiating the "phaseout of highly among the major contributors to nonpoint source pollution. toxic and highly bio-accumulative pollutants [and] putting Much of the difficulty revolves around timetables for [restrictions] on the introduction of new chemicals." developing and implementing watershed plans. Senate staff But the EPA source said that controls on toxics are already "want us to have plans in place for every watershed in the in place states already have controls for at least 90 toxics, the country within five years and for them all to be on the high source said - and that political capital should not be wasted on priority list," one EPA source said. This source suggested that seeking these new controls. "If Congress is only going to give the Senate staff are purposely pushing for an overly ambitious us a few new things, toxics is not one of our highest priorities," schedule, in anticipation of a lawsuit from environmentalists the EPA source said. that would result in court-ordered deadlines when the agency The source cited as an example the Columbia River in the fails to meet the schedule laid out by Congress. Pacific Northwest, noting that it was not dioxin from polluting Browner has called for a bill that is "realistic and imple- pulp and paper mills that had destroyed the river, but destruction mentable," the source said, resisting tight deadlines. However, of surrounding habitat and the damming of the river. Browner has said she is willing to consider tighter deadlines if 16 ENVIRONMENTAL POLICY ALERT - May 12, 1993 WATER ENFORCEMENT - Lawmakers, environmentalists push New Jersey model Lawmakers and environmentalists have begun efforts to tighten the enforcement provisions of the Clean Water Act, seeking to enact a policy at the federal level that has already proven successful in New Jersey in increasing the number of enforcement actions while lowering average penalties. Officials in the White House have also expressed an interest in the New Jersey model, according to environmen- talists, who met April 15 with Kathleen McGinty, director of the White House Office of Environmental Policy. "Anytime you have a policy that increases compliance and generates additional revenues and that conservative legislators are not moving to repeal is something that would be attractive," one environmentalist said of McGinty's interest in the plan. An annual report documenting the results of implementing the New Jersey model, contained in the New Jersey Clean Water Enforcement Act of 1990, shows increased compliance with permit requirements through facility inspections, smaller average penalties assessed in enforcement actions and significantly increased number of permit actions. The smaller average penalties is an indication that the policy is forcing companies to comply with the law before small problems become more serious, according to sources. EPA Administrator Carol Browner called for improved enforcement provisions when she testified before a House subcommittee May 5. "Essential to the success of the Clean Water Act is the presence of a vigorous enforcement program," Browner said. But senior EPA enforcement officials said they are not familiar with the White House review of the New Jersey model, although they acknowledged that the White House, or EPA water officials, may have chosen not to include them in this process. State officials warn of limits tions on filing citizen suits. Despite the apparent enthusiasm for the New Jersey model Pallone said the self-reporting requirements are "at the at the federal level, senior enforcement officials in New Jersey heart of the legislation because they provide up-to-date infor- warn that while their approach has been successful in increasing mation on violations and deter violators from masking the compliance and lowering the average penalty in a growing severity of their violations through the continued practice of number of cases, their enforcement methods may act to stifle averaging data." attempts to move to a watershed approach. A state official said But the bill also reverses recent Supreme Court limitations the mandatory enforcement method "ties the hand of regulators, on the ability of citizens to bring suit against violators by locking us in to set penalties.' This method of set penalties may removing obstacles "which are clearly contrary to congres- not work in a watershed approach, the source said. sional intent," Pallone said. The Supreme Court ruled in Che- The source also said that although the results to date have sapeake Bay Foundation V. Gwaltney of Smithfield that groups been significant, the program was only implemented in July cannot sue for "wholly past" violations, limiting the ability of 1991. "Given that we've only had this program for 18 months, suits against violators "alleged to be in violation of the Act." before I recommend expanding it to a national level I'd want a "The chilling result" of this "brazen decision," Pallone few more years to experiment," the source cautioned. said, "is that industry, rather than coming into compliance once But environmentalists in the state countered that the regu- they have broken our environmental laws, waits until citizens lators were opposed to the program because it tied them to strict file notice of intent to sue. The company then comes into enforcement of permit conditions, saying some of these condi- compliance within the prescribed 60 day period [and] they tions had not been applied prior to the enactment of the state retain the economic benefit for polluting our resources." legislation. Specifically, the bill would: The legislation, which is expected to be introduced May 25 Eliminate agency discretion in the issuance of penalties. by Rep. Frank Pallone (D-NJ) and Sen. Frank Lautenberg (D- "They must impose fines whenever serious or chronic viola- NJ) would codify much of the New Jersey provisions at the tions are discovered," Pallone said. However, the act provides federal level, in an expanded version of proposals that the two that penalties would grow stronger for serious violations, and lawmakers introduced in the last Congress but that failed to for repeat violators. The minimum fine for "serious violators" move, along with other efforts to reauthorize the Clean Water would be $1,000 per violation per day. For "significant non- Act. Testifying before the House Subcommittee on Water compliers" the minimum fine would be $5,000 per day per Resources & Environment April 21, Pallone said that "without violation; a mandate for strong [EPA] enforcement, industry has found Create mandatory minimum civil penalties for violations that it pays to pollute." which must be at least high enough to cancel out the "economic benefits of polluting." Legislation Increases enforcement Double the maximum penalty from $10,000 to $20,000 Pallone, who was an original author of the New Jersey per violation; and Clean Water Enforcement Act while a state legislator, told the Expand citizens' ability to bring actions for pretreatment House subcommittee that his bill would create pollution pre- and all other violations - including past violations. The bill vention incentives by enacting mandatory minimum penalties, also would change current law by enabling citizens to sue for removing the economic incentive for industries to remain out of recovery of damages caused by violations which occurred in the compliance, adding strong reporting and inspection provisions past, but may have been only recently uncovered. - including self-reporting requirements - and easing restric- ENVIRONMENTAL POLICY ALERT - May 12, 1993 17 WATER NONPOINT SOURCES - Milwaukee poisoning prompts calls for national legislation The lethal contamination of Milwaukee's drinking water supply last month is prompting calls from environmen- talists and at least one Wisconsin legislator for tough national legislation to attack the problem of nonpoint source pollution. At the same time, the incident is emerging as a potential factor in the upcoming gubernatorial campaign in the state, with a possible challenger to Gov. Tommy Thompson (R) criticizing the governor for gutting a comprehen- sive nonpoint source pollution bill approved by the state legislature last May. The bill, which prioritizes damaged watersheds and includes tough enforcement provisions, may be passed untouched when it is reintroduced in the state legislature later this year, sources say. The contamination incident and the dispute over last year's state legislation has led the bill's author - who may run against Thompson in next year's gubernatorial election - to call on Congress to implement tough new federal controls on nonpoint pollution when the Clean Water Act is reauthorized. In testimony before the House Water Resources & Environment Subcommittee May 12, state Sen. Charles Chvala (D-Madison), called for tough federal nonpoint source standards "to assure consistency and provide direction" to prevent future outbreaks of waterborne illnesses. "With Gov. Thompson's veto of the key portions of Wisconsin's nonpoint bill, the need for a federal law that reduces the flow of nonpoint source pollution has never been more evident," Chvala stated in his testimony. An environmentalist echoes Chvala's call, saying the contamination of the Milwaukee water supply has caused allegations to fly between the state's rural and urban communities over who is to blame, and says this underscores the need for national legislation. The dispute in Wisconsin is all the more surprising because water contamination has led to a lot of fingerpointing between EPA nonpoint source officials acknowledge that the state has rural and urban representatives, "illustrating the need for a one of the best programs in the country. EPA and state officials national bill" that includes controls for municipal, construction note that the dispute indicates the difficulty in legislating and and farming runoff. "Unless everyone is included [in this bill,] enforcing nonpoint source programs, and warn that this may be the fingerpointing goes on endlessly," he said. one the most difficult issues for Congress to deal with in the Clean Water Act reauthorization. EPA and Senate staff have Veto surprised groups already acknowledged disagreements over timetables for im- Thompson's gutting of the bill surprised environmental- plementing nonpoint source controls in their initial discussions ists, farm groups and construction industry sources, who had all on Clean Water Act reauthorization (see related story). supported the bi-partisan bill during its lengthy drafting. Ac- cording to Chvala, who chaired a special Legislative Council No direct connection committee on nonpoint source pollution, Thompson had indi- None of those criticizing the governor are willing to make cated that he would sign the bill, but at the last minute, changed a direct connection between the recent outbreak of cryptospo- his mind, cancelling the scheduled signing ceremony and ridium in Milwaukee's drinking water supply and Thompson's releasing a veto message late on a Friday afternoon. Chvala veto of the bill. Instead, many of the critics are connecting the charged that Thompson did that to appease a small group of crisis - which resulted in one confirmed death, thousands of vocal farmers and builders who had not agreed to the compro- illnesses and required residents to boil their drinking water for mise. weeks - to nonpoint pollution caused by agricultural runoff. The bill, SB281, contained wide-ranging provisions to: "While the nonpoint pollution bill that sailed through the legis- Create a statewide construction site erosion control pro- lature last year only to be gutted by Thompson's veto pen gram paid for with builder permit fees. Other fund-raising probably could not have forestalled this spring's cryptosporid- provisions include a tax on highway salt; ium outbreak, it might have prevented such plagues in the Reform the state's priority watershed program and create future," charged an April 14 editorial in the Wisconsin State incentives for farmers and others to implement best manage- Journal. ment practices voluntarily; Thompson, however, has challenged assertions that the Create a "bad actor" provision which would have al- outbreak was caused by agricultural runoff, as some experts lowed enforcement of BMP programs if water quality in a have argued, noting instead that the contamination was likely priority watershed was not being met; and, caused by the accidental dumping of 14 tons of raw sewage near Limit uncontrolled livestock access to lakes and streams. an intake pipe shortly before the outbreak. Thompson has also Environmentalists were particularly pleased with the "bad pointed to a recent change in the city's filtration system, shortly actor" and livestock access provisions which they claimed before the epidemic occurred, and continues to stand by his provided substantial "teeth" to enforcing the bill. However, partial veto, pointing to an alternative nonpoint source control Thompson charged in his veto message that they "create new plan he submitted as part of his fiscal year 1993 budget pro- enforcement authorities which have not been proven to be posal. necessary." One environmentalist noted that the cause of the drinking 18 ENVIRONMENTAL POLICY ALERT - May 12, 1993 WATER TAX EXEMPTIONS - Studds bill seeks deductible water and sewer fees In response to skyrocketing water utility fees in his home state, the chairman of the House Merchant Marine & Fisheries Committee, Rep. Gerry Studds (D-MA) has introduced legislation that would allow homeowners to deduct sewer and water payments from their federal income tax. "The costs of improving Massachusetts' wastewater and drinking water systems are imposing unfair burdens on Massachusetts residents - forcing them to pay water and sewer fees that are among the highest in the nation," Studds said in a statement May 4. "Many families will soon be paying more in water and sewer fees than property taxes," he added. The introduction of the bill is part of a dual strategy by Studds and the rest of the Massachusetts delegation to bring relief and raise revenues to pay for wastewater treatment. Studds is soon expected to introduce his long-awaited "polluter pays" legislation, that he claims would raise up to $6 billion annually through the imposition of fees and taxes on water polluters. The revenue would be used to pay for wastewater treatment facilities. In addition, after heavy lobbying, the Clinton administra- Revenue Service has ruled that these fees are not tax-deduct- tion agreed to ask Congress for $100 million for special munici- ible. pal wastewater treatment needs in the fiscal year 1994 budget "If a Fortune 500 company can deduct from its tax bill the request. Although not specifically earmarked for Massachu- cost of sending its clients to the Super Bowl," Studds said, setts, sources acknowledge that regulations governing the "middle-class homeowners ought to be able to reduce their tax fund's distribution will mean that only Boston will meet the burden for the water and sewer bills they pay." eligibility criteria. The bill, which was introduced May 4 and co-sponsored by Water and sewer rates in many areas in Massachusetts the rest of the Massachusetts delegation, would allow taxpayers have increased by as much as 400 percent since 1986, to an to deduct fees for sewer and water services to the extent that average of $545 per household for 1993. Officials with the those fees exceed 1 percent of adjusted gross income. Massachusetts Water Resource Authority predict that figure Congressional sources warned that with President may double by the end of the decade. Clinton's budget request for fiscal year 1994 already $6 billion Many communities in the past provided water and sewer higher than permitted under the congressional budget resolu- services that were funded through property taxes. But recent tion, it was unlikely the Studds bill would move. Studds himself ballot initiatives have limited tax measures, leading local au- acknowledged that he introduced the bill "as a way to explore thorities to impose fees on water use. However, the Internal every possible avenue of relief for overburdened ratepayers." PERMIT FEES - GAO urges system to pay for compliance monitoring The General Accounting Office in a harshly critical report is calling on EPA to establish a permit fee system to help pay for federal and state compliance monitoring programs, which rely on self-reporting by dischargers. The programs sorely need extra funds to ensure adequate oversight, GAO says. The congressional watchdog organization made its recommendation in a new report - Environmental Enforce- ment: EPA Cannot Ensure the Accuracy of Self-Reported Compliance Monitoring Data - which blasts the agency and authorized states for not having adequate oversight to ensure that all facilities subject to discharger regulations are identified. EPA and states are also failing to ensure that discharger monitoring data is free from error or fraud, GAO says. The GAO report, released last week by the Senate Committee on Governmental Affairs, concedes that EPA's national pollutant discharge elimination system (NPDES) program lacks sufficient resources to actively identify unregulated facilities. An increase of NPDES permit applications due to increased oversight in this area would "simply add to an already difficult burden," GAO says. According to EPA sources cited by GAO's report, this burden consists of a backlog of NPDES permit applications and of expired permits in excess of 6,000 and 3,000 respectively. How- ever, the report "advocate[s] a pollutant-based permit fee system as one means to mitigate resource constraints." The report further recommends that the Water Office work with the Office of Enforcement and NPDES-author- ized states to develop a program designed to identify and initiate enforcement actions against unregulated discharge facilities. EPA's Office of Enforcement called the identification of unregulated dischargers a significant issue in its four- year strategic plan for enforcement issued in 1991, "because regulating all facilities is important to ensure the integrity of the regulatory system," the report says. Other NPDES program deficiencies detailed in the GAO report include insufficient controls to prevent and detect fraudulent data, incomplete and nonexistent inspections to oversee data quality, and a failure to require statistically representative sampling. The GAO document states that EPA needs to have more complete and consistent methods to detect fraud, includ- ing a regular comparison of laboratory results with supporting facility documentation, and fraud awareness training for ENVIRONMENTAL POLICY ALERT - May 12, 1993 19 WATER state inspectors. The report notes that although EPA officials believe falsification of sampling and laboratory analysis is "rare," there are many economic incentives for falsification. The report points out that facilities may falsify samples in order to avoid costly enforcement actions or to avoid fixing flawed wastewater treatment equipment, and laborato- ries may falsify results in order to save money or handle more work. An Office of Wastewater Enforcement & Compliance official says EPA staff will decide how to react to the report after they have had time to review it. This source says the Senate committee could schedule a hearing on the issues in order to determine how the agency plans to resolve the problems outlined in the report. Senate committee staffers were unavailable for comment. DRINKING WATER SRF - Sources fear quick action undercuts program effectiveness House Republicans fear that swift committee action on President Clinton's proposed state revolving fund for drinking water projects may serve to undercut the effectiveness of the program. These sources claim that the haste of committee work may preclude the consideration of certain amendments that could put the new funding program on firmer financial ground. The pace of committee efforts is being driven by a jurisdictional battle between the House Public Works & Transportation and Energy & Commerce committees. Both chairmen Norman Mineta (D-CA) and John Dingell (D- MI) have asserted claims over the new $599 million dollar fund aimed at assisting state and local governments in meeting Safe Drinking Water Act requirements. Both have rushed to move bills out of their committees in order to force action - by either the House parliamentarian or the full House - that would give jurisdiction over the fund to their respective committees. The House Public Works & Transportation Committee on April 28 passed its version of the loan program at a mark up of H.R. 1865, a bill introduced by Mineta on April 27. That bill establishes the drinking water fund as a separate account of the existing wastewater state revolving loan fund, creating what some congressional staff call a huge, multiple use water infrastructure fund. Mineta's bill amends the Clean Water Act section which establishes the wastewater state revolving loan fund. House staff say Mineta, responding to a question from Rep. Nick Joe Rahall (D- WV) during the mark up, left open the possibility that the proposed fund could include grant eligibility for financially- strapped communities. That mark up came just one day after the Energy & Commerce Committee approved its bill, calling for the program to be established as a revision to the Safe Drinking Water Act, over which the committee has prime jurisdic- tion (see April 28 issue, p. 27). Water Regulation WETLANDS - Industry, EPA welcome White House agreement on Interagency panel The Clinton administration's decision to convene an interagency group to examine the controversial wetlands issue is winning praise from industry representatives who predict White House involvement will move the debate closer to their position. EPA sources are encouraged by the move, saying discussions will foster communications between the White House and EPA as various wetlands issues arise. The White House effort comes as Senate Environment & Public Works Committee Chairman Max Baucus (D- MT) vowed wetlands would be addressed during Senate consideration of Clean Water Act reauthorization. Industry and environmental sources say Baucus' announcement changes the nature of the wetlands debate, as the Senate previously appeared reluctant to grapple with the controversial issue. The debate over wetlands is seen as one of the most divisive issue facing Congress during reauthorization of the Clean Water Act, which is expected to take place during this Congress. Southern Democrats, considered Clinton allies, have led the criticism of the federal wetlands program, with Rep. James Hayes (D-LA) introducing a major industry- backed wetlands reform bill, H.R. 1330. Senate debate over a wetlands amendment offered by Sen. Christopher Bond (R-MO) to S. 171, a bill elevating EPA to the Cabinet, produced a flurry of activity on the wetlands issue as advocates of strong wetlands protection scrambled to defeat the amendment. Bond's amendment, which was strongly opposed by environmentalists, would have made the Agriculture Department Soil Conservation Service the lead federal agency in deciding which farm lands fall under federal wetlands jurisdiction. However, during debate over the measure, Baucus introduced his own amendment to Bond's amendment, calling instead for a study of the agricultural wetlands issue. Baucus' amendment was passed by the Senate, rendering Bond's amendment moot. continued on next page 20 ENVIRONMENTAL POLICY ALERT - May 12, 1993 WATER During the Senate Cabinet bill debate, Sen. John Breaux should establish such a meeting as its goal. (D-LA), champion of a controversial wetlands reform bill Industry sources say the administration's decision, during the last Congress, announced that the Clinton admini- coupled with Baucus' pledge to address the wetlands issue stration planned to convene an interagency group to examine during Clean Water Act reauthorization, changes the landscape the wetlands issue. Breaux and six other southern Democrats of the wetlands debate dramatically. One industry wetlands sent an April 28 letter to Clinton, calling for an interagency policy reform advocate says the rancor over the Bond amend- group "to work with us, other congressional leaders and the ment, and the "fear that southern Democrats would line up with public during consideration of the Clean Water Act to forge Bond" have served notice that "the Senate is not the left-leaning a consensus on this difficult policy issue." That letter pointed to body on this issue as some may have thought." This source and Clinton's 1990 activities as chairman of the Lower Mississippi some congressional sources suggest that Breaux, seeing an River Delta Development Commission, a group that criticized opportunity in Bond's amendment, was able to nudge Baucus the federal wetlands program and recommended sweeping and the White House into addressing the wetlands issue, but changes to federal wetlands policy. Baucus and Breaux sources could not confirm this. An administration spokesperson confirms that the White EPA sources have also welcomed the interagency panel, House will convene an interagency task force on wetlands, noting that the it would open the lines of communication adding that it fully expects to receive input from Congress on the between EPA and the Office of Environmental Policy. Environ- issue. Some congressional sources are still calling for a wet- mentalists offered cautious praise for the effort, but warned that lands "summit" similar to the forest summit conducted last the issue could become "mired in politics," one source said. month, with one suggesting that the interagency work group WATER QUALITY - EPA drafts revisions to 10-year-old standards EPA staff have drafted possible revisions to the nation's 10-year-old water quality standards, and are circulating the draft within the agency before releasing it for public comment as an advanced notice of proposed rulemaking, EPA staff say. These sources say they are waiting for a Water Office assistant administrator to be named before the pro- posal is published. The notice - which agency sources hope will be published sometime in May - would mark the first time EPA has reviewed the water quality standards since 1983. One EPA source says the proposal is "intended to initiate discussions on the regulations." Specific areas that could be addressed include anti-degradation, variances, mixing zones, schedules of compliance and existing-use provisions. By releasing the notice, the agency is not committing itself to changing the standards, a decision agency sources say would have to be made by the assistant administrator. The move is being welcomed by state sources, who have already been contacted informally by EPA for input. One state source points out that "we've been concerned with specific criteria used for the development of water quality criteria and effluent standards." This source could not elaborate on states' concerns since the notice has not yet been formally released, but says that "We're pleased to see the agency is placing an emphasis on risk assessment and good science." Industry sources, who have also been discussing the matter with EPA, could not be reached for comment. One possible revision EPA is considering is the addition of a fourth category in the anti-degradation section of the standards, which are intended to maintain and protect existing uses of water bodies. EPA's current standards distin- guish between tier II waters - which are deemed "high-quality water resources" despite failing to meet strict fishable, swimmable standards - and tier III waters, deemed outstanding national water resources. EFFLUENT GUIDELINES - EPA set to clash with industry, environmentalists EPA appears on a collision course with industry and environmentalists over its standards for the organic chemical and plastic industries, with both industry and environmentalists claiming the agency has failed to assess the range of available technologies to meet the requirements. Industry argues that the agency has inadequately considered the technical feasibility of meeting the new requirements, while environmentalists maintain that a more thorough analysis would result in tighter standards. EPA is expected to issue the standards May 31 in compliance with a court remand, which both groups say re- quired an extensive technical review of the standards. While EPA officials refused to comment on the agency's final standards, sources acknowledge that little new information has been gathered in developing the requirements. Specifi- cally since the agency's reproposal last December, EPA sources confirm that no new surveys or industry question- naires have been conducted, despite strongly worded comments by environmentalists and industry calling for a thorough regulatory review. "We feel that we have fulfilled our responsibility and addressed the various concerns by reviewing the existing data base," says an EPA official. ENVIRONMENTAL POLICY ALERT -- May 12, 1993 21 Water Litigation INJECTION CONTROLS - Group threatens suit to force approval of state plan Environmentalists who are at the forefront of growing efforts to demand stronger underground injection control programs are threatening to sue EPA unless it acts promptly to force a state's program into compliance with federal requirements. The environmental group, Legal Environmental Assistance Foundation (LEAF), plans to use its proceedings against EPA and the state of Florida as a potential model for taking similar action against the states of Georgia and Alabama, which also have deficient UIC programs, says a LEAF representative. And the group is providing informa- tion on its proceedings to grassroots environmental groups which are concerned about UIC program deficiencies in Tennessee, Texas and Pennsylvania. LEAF's action has been under development for the past two years as states have been complaining about limited resources to run their UIC programs and EPA has been developing tougher UIC rules regulating Class V injection wells. Illinois recently became the first state in the nation to return its UIC program to EPA. LEAF has given EPA a June 4 deadline to force the state of This source adds that EPA is taking LEAF's ultimatum Florida to rectify deficiencies in its underground injection seriously, stating that "anytime a citizen group takes an initia- control program or face legal action. This source says EPA has tive such as LEAF's it is a priority issue." EPA has oversight made a "great effort" to resolve the problem, but the state has responsibility for state-approved programs, but officials been unwilling to address its problems. "EPA has done all it can, blamed "limited resources" for the agency's limited oversight. but without legal action EPA can't do anything," says this LEAF originally petitioned EPA in January 1991 to revoke source. the Florida Department of Environmental Regulation's author- An EPA Region IV official says the agency is currently ity, citing more than 27 major deficiencies with the program. drafting a letter to Florida UIC officials "recommending" The LEAF attorney says the group's main concern is that changes in its UIC program. This source indicates that Florida's underground sources of drinking water in Florida are being UIC regulations may not be "equivalent" to EPA's rules, but contaminated by injected wastes. failed to elaborate. According to the Safe Drinking Water Act's citizen suit An EPA official in Washington, DC, who declined to provisions, LEAF will have to file a notice of intent to sue before speak about the alleged deficiencies in Florida's program, says it can initiate proceedings. If EPA fails to respond to the EPA will expect a response from Florida "within a short time petitioner's concerns within 60 days the case would then go to frame." This source says EPA has to "balance" LEAF's posi- court. tion with what the state has to say. DISCHARGES - EPA offices dispute permit protection from lawsuits EPA's Water and Enforcement offices are disputing the crucial issue of whether Clean Water Act permits "shield" industrial facilities from lawsuits when facilities discharge pollutants not specifically listed in their permits. The internal dispute was touched off by a citizen lawsuit that, if successful, could significantly revamp the way water permits are written in the future, say industrial sources. While discussions between the Water and Enforcement offices are being tightly guarded, sources say officials in the Water Office's permits program argue that if effluent contains pollutants not expressly addressed in the permit, the discharger should not be subject to lawsuits. The Enforcement Office is reportedly taking the opposite position. One source says the Enforcement Office is coming closer to the permit program's position on the issue, but officials with the enforcement program refused to comment on the deliberations. The internal agency debate was prompted by a citizen suit - Atlantic States Legal Foundation, Inc. V. Eastman Kodak Company - filed April 8 in the U.S. Appeals Court for the Second Circuit after Judge Michael Telesca of the U.S. District Court for the Western District of New York on Dec. 28, 1992 ruled against the plaintiffs. The Justice Department is reportedly considering whether to file a "friend of the court" brief in the case, and the Chemical Manufacturers Association (CMA) plans to file a brief supporting Kodak. The New York Attorney General's office and a consortium of environmentalists have filed briefs supporting the Atlantic States Legal Foundation, an environ- mental group. In the earlier district court case, Atlantic States sued Kodak for violating the Clean Water Act by discharging pollutants that are not expressly mentioned in its State Pollutant Discharge Elimination System (NPDES) permit. The suit charged that information Kodak had submitted in its "toxic chemical release forms" (Form Rs) proved that the company was discharging pollutants which it was not authorized to release under its permit, thereby violating both its 22 ENVIRONMENTAL POLICY ALERT - May 12, 1993 WATER permit and the Clean Water Act. Kodak argued that the case should be dismissed because the plaintiffs alleged discharges only of pollutants not expressly regulated by the state clean water permit. Kodak argued that such pollut- ants are not subject to citizen lawsuits under the Clean Water Act, basing its arguments on EPA internal memos interpreting the law. In ruling on the case in Kodak's favor, Judge Telesca said that accepting Atlantic States' view of "the reach of the Act would effectively circumvent the permit system and expand the scope of a citizen suit under the Act," changing the citizens' role "from interstitial to potentially intrusive." Atlantic States, in its appeal, argues that Judge Telesca's ruling, if upheld, "would eviscerate the Clean Water Act's [NPDES]." Section 1311(a) of the law prohibits the discharge of all pollutants, except as authorized by permit, the plaintiffs argue. Atlantic States notes that the "centerpiece" of Kodak's argument is an April 26, 1976 memo from then-Deputy Assistant Administrator for Water Enforcement Jeffrey Miller to Region V's enforcement director. The memo says EPA policy "provides for a general authorization to discharge subject only to the conditions and limitations contained in the permit." The plaintiffs urge little weight be given to the memo because it is 17 years old and its conclusion is "clearly contrary to the plain language and intent" of the law. CLEAN WATER ACT - EPA to decide if 'cooling ponds' are a U.S. water body EPA's Water Office is poised to make a call on whether a man-made industrial waste pond planned by a Florida utility should be regulated as a "water of the U.S." under the Clean Water Act, a decision that sources familiar with the case say will test a key agency tool for claiming federal jurisdiction over water bodies. EPA Administrator Carol Browner has recused herself from the case, reportedly because of her previous involvement in decisions affecting the company as head of Florida's Department of Environmental Regulation. EPA's decision will be closely watched by industry representatives who fear a massive expansion of EPA author- ity over waste treatment "impoundments," and environmentalists who say the agency may be better able to defend its jurisdictional claims based on the presence of migratory birds and endangered species policy under different circum- stances. EPA sources say the agency is expecting criticism of its call regardless of the final decision. At issue is a proposal by the Florida Power Corp. - developed with the involvement of some Florida environ- mental groups - to build a new power plant in Polk County, FL. According to an April 28 memo from EPA Water Office permits division Director Cynthia Dougherty to Acting EPA Water Office chief Martha Prothro, the company's plans include development of a 2,600 acre "cooling pond" that would be used to collect discharged water heated during the electricity generation process. The memo, which EPA sources say was developed with The memo notes that since the early 1980s "EPA has, in input from EPA's Enforcement and General Counsel Offices, addition to other factors, relied upon the actual use or potential notes that the area in which the proposed plant would be located for use as a habitat for migratory birds and endangered species contains many possible jurisdictional wetlands, is inhabited by as a nexus to interstate commerce." An appeals court and a endangered species, and is regarded as a migratory bird flyway. district court have upheld the theory. One court rejected its The cooling pond is designed to allow "no point source dis- application but later vacated that decision. Prothro is being charges from the pond to other surface waters of the U.S," and urged by EPA Region IV staff to render an opinion in the matter, will be shut off from recreational uses, according to the memo. a decision EPA sources say will set a strong precedent for rest EPA Clean Water Act regulations establish criteria for of the country. determining whether a water body is a "water of the U.S." and If Prothro decides the proposed pond would be U.S. thus subject to regulation under the statute. Most waste treat- waters, it would be based primarily on the migratory bird/ ment systems and cooling ponds, employed to meet the Act's endangered species nexus, EPA sources say. If EPA makes that requirements, are excluded from this definition. call, Florida Power Corp. would have to obtain a section 402 The memo indicates Prothro must address two questions in Nation Pollutant Discharge Elimination System permit to dis- determining whether the cooling pond is a water of the U.S.: 1. charge effluent into the pond. If the pond is determined not to be is there sufficient "nexus to interstate commerce" for the a water of the U.S, discharges from the power plant would not proposed pond to establish it as a water of the U.S.; and 2. is the be regulated under section 402. EPA sources note, however, waste treatment system exclusion from waters of the U.S. that creation of the pond, which will likely inundate wetlands, applicable to the proposed pond? will require a permit under section 404 of the Clean Water Act. ENVIRONMENTAL POLICY ALERT - May 12, 1993 23 WATER WATER REGULATIONS - STATUS IN BRIEF Status lines in bold indicate new developments DRINKING WATER DISINFEC- NPDES PROGRAM: Numerous revi- dards under a court-ordered deadline. The TANTS: Regulations will set acceptable sions to EPA's NPDES permit will codify original deadline was June 1992. In a sepa- levels for 25 compounds found in drinking changes made by 1987 CWA amendments; rate court settlement, the agency is due to water disinfectants, possibly including foremost is an anti-backsliding provision issue proposed standards for coastal explo- disinfectant by-products. First stage to set disallowing issuance of permits containing ration by January 1995. Rule signed Jan. Maximum Contaminant Levels and Maxi- less stringent limits. Current clause pro- 15. Contact: Ron Jordan (202) 260-7115 mum Contaminant Level Goals for an ini- hibiting backsliding is only applicable "to (offshore); Marvin Rubin (202) 260-7124 tial handful of compounds, including total permits other than water quality based per- (coastal). trihalomethanes. Status: EPA researching mits." Status: OMB suspended review toxic effects of some by-products. EPA June 22, 1992. Contact: Deborah Karp NONPOINT SOURCE POLLUTION: expects to issue a proposal in June 1993. (202) 260-9533. EPA has issued management measure Final rule promulgation scheduled for June guidance and CZMA program guidance for 1995. Contact: Stig Regli (202) 260-7379. NPDES PERMIT FEES: This regulation states to follow in implementing their own would allow EPA to charge fees for the cost coastal nonpoint source programs. Status: DRINKING WATER - RADIONU- associated with issuing federal NPDES Guidance issued Jan. 14. Contact: Steve CLIDES: EPA was originally under court permits. These fees will be charged to Dressing (202) 260-7110. order to propose by Feb. 1991 Maximum industries and POTWs. Status: Rule de- Contaminant Level Goals and Maximum layed by OMB Jan. 22 for additional CLASS II UNDERGROUND INJEC- Contaminant Levels for radon, uranium, state comments. Contact: Judith Hecht TION WELLS: Proposal will offer revi- radium-226, radium-228, and gross alpha (202) 260-5682. sions to existing regulations for minimum and beta particle emitters in drinking wa- construction requirements for Class II oil- ter. Status: Final rule is expected in April STORMWATER: Revisions alter re- and gas-related wells. An advisory com- 1993, under a court-ordered deadline. Con- quirements in the NPDES permit applica- mittee of state program directors, industry, tact: Jan Auerbach (202) 260-7575. tions for stormwater discharge. The rule and public interest groups was chartered. affects systems serving 100,000 people or Status: Committee's recommendations PHASE V ORGANIC/INORGANIC more. EPA April 2 issued a final rule ex- have been submitted to water office. CHEMICAL MCLs: EPA has deferred a tending the deadline for individual appli- Agency developing regulation based on rulemaking on sulfate as part of a regula- cations to Oct. 1, 1992 (the statutory dead- recommendations. A proposal is expected tion establishing MCLGs and primary line was Feb. 4, 1990) to coincide with the soon. Contact: Jeff Smith (202) 260-5586. drinking water standards for organic and deadline for group applications. The deci- inorganic pollutants. The Phase V stan- sion was challenged in court, and the court TOXIC POLLUTANTS: This rulemak- dards were released July 17, 1992. Status: ruled June 4 that EPA could retain the ing would establish uniform national stan- EPA seeking to meet October 1993 dead- extension, but any further delays were dards for limiting toxic pollutants as part of line for draft sulfate standard and issue illegal. Status: Permit model outlining water quality criteria standards for states final rule December 1994. Contact: Jan which classes of dischargers and data must that fail to set their own requirements. Auerbach (202) 260-7575. be reported was issued Sept. 25, 1992. Status: A final rule released Dec. 1, 1992 Agency issued rule setting final deadlines has been challenged by environmentalists. SEWAGE SLUDGE: A comprehensive, Dec. 11, 1992. Contact: Kevin Weiss (202) Forest Products Association filed suit risk-based regulatory package instituting 260-9524. April 5. Contact: David Sabock (202) 260- first-time national permitting process for 1318. sewage sludge use and disposal and setting OFFSHORE OIL/GAS EXTRAC- numerical limits, for 30 pollutants found in TION: Rule will set tougher effluent GREAT LAKES GUIDANCE: EPA sludge. Status: EPA approved standards guidelines. New source performance stan- strategy to control toxic pollutants in Great Nov. 25, 1992. Industry, municipality dards and best available technology stan- Lakes which could lay the groundwork for and environmental groups have chal- dards will be established, and best conven- a similar national strategy. Status: EPA lenged the rule in a suit. Contact: Alan tional technology standards will be re- Administrator Carol Browner signed Rubin (202) 260-1311. vised. Status: EPA was granted an exten- the guidance March 30. Contact: James sion to Jan. 15, 1993 to issue final stan- Hanlon (202) 260-5400. 24 ENVIRONMENTAL POLICY ALERT - May 12, 1993 WATER CONGRESSIONAL ACTION - WATER Drinking Water seeking tough curbs on oil drilling and leases in ecologically Rep. Solomon (R-NY) introduced H.R. 376, which would sensitive areas of the coast their state in H.R. 583 and freeze certain drinking water regulations under the Safe H.R.584 and S. 290. But Sen. Johnston's (D-LA) S. 318 Drinking Water Act. Sen. Nickles (R-OK) introduced 767 would encourage deep water drilling for natural gas in the that would include risk and cost issues in setting standards. Gulf coast. Rep. Fields (R-TX) introduced H.R. 1282 that Rep. Henry Waxman (D-CA) introduced H.R. 1701 to aims to enhance energy security by promoting oil and gas ex- create a revolving loan fund. ploration. Federal Facilities U.S.-Mexico Border Rep. Schaefer (R-CO) introduced H.R. 340 that would bring Sen. McCain (R-AZ) introduced a bill S.281 that would give federal facilities in line with Clean Water Act requirements. EPA a greater role in water pollution emergencies and create a $10 million emergency fund for environmental protection. Funding/State Revolving Fund Reps. DeLauro (D-CT) and Lowey's (D-NY) H.R. 775 Wetlands would provide $3 billion in emergency funds to the SRF, but Rep. Edwards (D-CA) introduced H.R. 350 to expand sec- would require states to allocate 40 percent of funds within tion 404 protections. Rep. Hayes (D-LA) re-introduced H.R. the first six months or lose remaining monies. 1330, that would establish three categories of wetlands 350 by Sens. Kerrey (D-MA) and Kennedy (D-MA), based on their value and function and would allow landown- and H.R. 845 by Rep. Markey (D-MA) would provide $1 ers to seek market value compensation for certain wetlands. billion over five years for Boston Harbor cleanup. Rep. Rahall (D-WV) introduced H.R. 1544 that would Estuaries reauthorize SRF at $4 billion per year by 1999, setting aside Rep. Lowey (D-NY) introduced H.R. 1720 to provide spe- 25 percent for small communities. cial funding for implementation of national estuary conser- vation plans. Outer Continental Shelf Florida lawmakers Rep. Goss (D) and Sen. Mack (R) are Toxics & Pesticides Legislation REREGISTRATION - Legislation needed to offset funding shortfall, sources say A shortfall in funds needed to administer EPA's pesticide reregistration program is prompting agency sources to call for additional fees on registrants, a request that industry sources say will likely require new legislation. These sources say fee provisions included in the 1988 Federal Insecticide, Fungicide & Rodenticide Act amend- ments do not allow for any fees in excess of the maximum level of $14 million per year. EPA and the pesticide industry reached agreement in October 1991 to hike the fees paid by registrants, a move allowing the agency to reach the $14 million per year level authorized under FIFRA. At that time, EPA indicated this level of funding would not be adequate to meet an estimated $20-30 million shortfall in the reregistration program. Agency sources say the funding woes have not eased. Acting EPA Office of Prevention, Pesticides & Toxic Substances chief Victor Kimm in an April 29 speech to the National Agricultural Chemicals Association called for industry's cooperation in addressing the deficit. "We will be talking about a fee increase to keep reregistration as close to the mandated schedule as possible," Kimm said. Another EPA source says that the cooperation of industry is absolutely essential to secure legislation raising the fees. "The fact is, without industry's strong support we are nowhere with new fees" this source says. Industry sources say they recognize the need to increase reregistration fees and welcome the chance to assist EPA in developing the necessary legislative proposal. But these sources maintain that many small chemical producers could be hurt if the agency does not pay attention to their special needs. These sources note that the previous legislation protected small companies, but add that EPA's $20-30 million estimate will likely frighten many small companies. One industry source says large companies "will not be thrilled about subsidizing the smaller guys." But several ENVIRONMENTAL POLICY ALERT - May 12, 1993 25 TOXICS & PETICIDES industry sources, noting that they would like to see reregistration stay on schedule, say it will not be difficult to reach agreement, pointing out the real obstacle will be getting a piece of legislation through Congress. These sources say while development of any fee increase will coincide with the drafting of comprehensive food safety legislation, that type of bill could get bogged down, and they add that EPA may not want to wait for passage of such a measure to deal with the fees issue. MINOR USE - Bill seeks to preserve pesticides for public health Two California congressmen have introduced a bill aimed at maintaining the registrations for certain minor use pesticides used to fight mosquitos and other disease-carrying pests. Reps. Cal Dooley (D-CA) and Wally Herger (R-CA) April 27 introduced H.R. 1867, the Public Health Pesticides Protection Act. "Because of regulations affecting the registration of pesticides, public health officials are in danger of losing access to many of the tools they use for the public good," Dooley said. "We take for granted that malaria and other diseases aren't common, but the fight against them is constant. This legislation seeks to ensure that the public remains protected." The bill was introduced in the 102nd Congress, but not acted on, according to a Dooley aide. But the two lawmak- ers believe that the bill will be folded into an overall reauthorization of the Federal Insecticide, Fungicide & Rodenti- cide Act (FIFRA) during this Congress, the aide added. The Clinton administration will help craft food safety legisla- tion, which will likely involve overall FIFRA reform. Dooley's bill would require EPA to set risk-benefit guidelines that take into consideration the need for pesticides for public health use and the benefits of such benefits. It also would halve the financial requirement that manufacturers face to reregister public health pesticides. Toxics & Pesticides Regulation DELANEY CLAUSE - EPA revokes and denies pesticide emergency exemptions Working under a court-ordered strict interpretation of a food safety law, EPA, the Food & Drug Administration and the U.S. Department of Agriculture announced May 6 that they were revoking and denying 21 emergency exemp- tions for pesticide uses across the United States at a potential cost of $70 million to farmers. But questions of resolving the complicated issue of pesticides and food safety has been accorded high priority in the White House, having recently been elevated to the Domestic Policy Council. The Clinton administration may also establish a formal inter-agency task force that has already been meeting informally to help draft legislation. The revocation, and the Clinton administration's intent to craft food safety legislation, may break the logjam in Congress over this contentious issue, sources say. However, they caution that many hurdles remain and that it will take strong administration leadership to bring all sides to the negotiating table. The administration's decision to revoke and deny the government must do more to provide farmers with alternatives emergency exemptions is the first major fallout from the Ninth to chemical pesticides, and called for greater research in that Circuit Court of Appeal's decision in Les V. EPA that upheld the area. strict interpretation of the Federal Food, Drug & Cosmetic Act's Delaney Clause, which bans cancer-causing pesticide residues States to feel pinch in processed foods. Fifteen states will be affected by the decision, which "We continue to believe that the pesticides affected by the covers various crops ranging from tomatoes to rice. Hops Court decision, including those EPA is acting on today, pose growers will be especially hard-hit because there is no viable only a negligible risk to public health," said EPA Administrator alternative to the pesticide that was used on the crop, an Carol Browner. [T]his new policy highlights the need for important ingredient in beer. Oregon, a state with a major hops new legislation that addresses food safety. The Clinton admini- industry, is facing a $5 million to $8 million loss this year, an stration will work with Congress and other interested parties to aide to Sen. Mark Hatfield (R-OR) said. develop a proposal." In most cases, there are alternative pesticides that can Sen. Patrick Leahy (D-VT), chairman of the Agriculture replace the section 18 ones, however some of them are more Committee said, "The actions taken by EPA today make it clear expensive and less effective, placing a greater economic burden that we must reform our pesticide regulatory laws and make on growers. them work for consumers and farmers." Leahy added that the 26 ENVIRONMENTAL POLICY ALERT - May 12, 1993 Toxics & Pesticides Litigation ENFORCEMENT - 3M claims statute of limitations applies to administrative cases A major manufacturing company is arguing before a federal appeals court that the company is protected from Toxic Substances Control Act administrative penalties by a five-year statute of limitations, despite an EPA decision to the contrary. Sources say the case could have implications for administrative enforcement under all environmental laws. 3M Company is challenging a 1992 decision by EPA's Environmental Appeals Board that the company is liable for TSCA violations committed more than five years prior to an administrative enforcement action filed in 1988. In a May 3 brief to the U.S. Court of Appeals for the District of Columbia Circuit, 3M says EPA "ignores the broad language" of the law. The statute in question, section 2462 of chapter 28 of the United States Code, prohibits "an action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise unless commenced within five years from the date when the claim first accrued." EPA on Sept. 3, 1988, cited 3M for illegally importing chemicals without filing "premanufacture notification" to the agency, infractions 3M itself reported. The company asserted protection from violations committed before Septem- ber 1983, but in 1989 an administrative law judge ruled that the statute of limitations does not apply in administrative proceedings under TSCA. The chief judicial officer for former EPA Administrator William Reilly upheld the determi- nation in February 1992 and increased the fine to over $130,000, whereupon 3M appealed to the DC Circuit. PCBs - Appeals board to examine case after judge invalidates EPA's testing mandate EPA's Environmental Appeals Board is poised to decide a case questioning the agency's methods for determining polychlorinated biphenyl (PCB) contamination levels in hazardous waste. The move comes a month after an adminis- trative law judge summarily dismissed charges against three waste-handling companies on the grounds that EPA used a nonexistent "requirement" and denied due process and fair warning in citing the companies for violations of Toxic Substances Control Act regulations, a decision that sources say may have implications beyond TSCA. Administrative Law Judge John G. Lotis signed an order April 26, certifying for interlocutory appeal the record from the case. The Environmental Appeals Board has 30 days from the date of the order to decide to act on the appeal; the appeals board is not required to accept additional arguments. Sources involved in the case say they expect the board to consider the appeal. Several sources involved in the case say the decision, if upheld by the appeals board, would be applicable to similar disputes under other environmental statutes. One source says there is precedent for blocking EPA enforcement actions for denial of fair warning or due process. On the issue of stated agency policy versus regulatory language, a source in EPA's Office of General Counsel says it is "not unlikely" other regulations have had "inadvertent omis- sions," but the source could not specify any other instance. The case concerns 260 of the 500 loads of waste from the General Motors foundry in Massena, NY, allegedly disposed illegally in Model City, NY, by CWM Chemical Services, Inc., Chemical Waste Management, Inc., and Waste Management, Inc., between Feb. 2, 1984, and Oct. 20, 1987. Action on the remaining 240 loads, handled before June 25, 1986, has been stayed pending a federal court ruling on the applicability of a five-year statute of limitations to TSCA administrative enforcement actions (see related story). EPA seeks a total fine of $7.075 million, $3.425 million of which is for the 260 waste loads currently in question. Also stayed pending a decision on the statute of limitations are similar administrative cases involving waste from the GM Massena facility against GM and against Browning-Ferris Industries, another waste handler. RIGHT-TO-KNOW - Environmentalists challenge alleged 'loophole' in reporting law An environmental group in California says it will sue EPA, the state and the nation's largest walnut processor for refusing to make public the company's toxic release inventory, in hopes of closing an alleged legal "loophole." The company says it is in compliance with all EPA requirements, and calls the threatened lawsuit merely a bargaining ploy in a long-running labor dispute. The National Toxics Campaign Fund on April 7 filed a 60-day notice of intent to sue Diamond Walnut Growers, Inc., of Stockton, CA, alleging violations of the Emergency Planning & Community Right-to-Know Act. The Toxics Campaign claims the agricultural cooperative illegally neglected its legal obligation to file inventories of toxic- chemical releases with the state of California. The environmental group believes Diamond uses more than 60,000 lbs. ENVIRONMENTAL POLICY ALERT - May 12, 1993 27 TOXICS & PESTICIDES of methyl bromide, a Category I toxin, and at least 75,000 lbs. of propylene oxide, a known carcinogen, to process walnuts each year, well above the 10,000-lb. threshold level for reporting. But Diamond contends it is a food packager, rather than a food producer, thus exempting it from mandatory reporting requirements. NTCF counters that, according to California Manufacturers Association records, the plant's "Standard Industrial Classification" makes it subject to reporting requirements. CONGRESSIONAL ACTION - TOXICS & PESTICIDES Pesticides FIFRA Reauthorization Sen. Kennedy (D-MA) and Rep. Waxman (D-CA) reintro- H.R. 968 is designed to serve as the Agriculture duced measures - S. 331 and H.R. 872 - that would set Committee's principal markup vehicle for consideration of stringent pesticide standards without consideration of eco- more detailed legislation to reform FIFRA, according to nomic benefits. Rep. de la Garza (D-TX), who sponsored the bill. EPA could set a "negligible risk" standard for poten- tially cancer-causing pesticide residues under H.R. 1627, Lead offered by Reps. Bliley (R-VA), Lehman (D-CA) and Rep. Morella (R-MD) introduced a bill, H.R. 1419, that Rowland (D-GA). would establish research and evaluation programs to lower exposure to lead in housing. Minor Use 729, introduced by Sen. Reid (D-NV), would restrict The registration of minor use pesticides would be main- the use of lead in some products, require labels on lead tained and promoted under H.R. 967, introduced by Rep. de products and provide $54 million to states for inspecting la Garza (D-TX). schools for lead hazards. TOXICS & PESTICIDES REGULATIONS - Status in Brief Status lines in bold indicate new developments EXPERIMENTAL USE PERMITS: foods. Status: EPA released a list of 35 a policy describing which genetically Two experimental use permit regulations, pesticides that could be suspended under manipulated plants will come under a new one under TSCA and a revised ver- Delaney Clause. Contact: Debbie Cisco agency review. Status: EPA released draft sion under FIFRA are under development. (703) 305-7102 or Chris Gillis (703) 305- policy Nov. 20, 1992. Status: EPA released proposal for FIFRA 7097. biotechnology Jan. 15. Contact: FIFRA - ENDANGERED SPECIES PROTEC- Fred Betz (703) 305-7635; TSCA - Ron LEAD STRATEGY: TSCA portion of TION PROGRAM: EPA is close to send- Evans (202) 260-3856. agency-wide strategy would focus on re- ing a final rule to OMB that would protect stricting volume of lead currently used and endangered species from pesticides. The TRANSPORTATION, STORAGE & newly mined. Status: EPA considering ex- plan calls for county bulletins showing DISPOSAL: EPA is gathering data to pansion of lead rules to industrial lead where endangered species live and for list- develop option papers for a new strategy paint and other industrial uses. Contact: ing pesticide use restrictions for the area. governing transportation, storage and dis- Doreen Cantor (202) 260-1777. Status: EPA hopes to release the rule by posal of pesticides. Status: A regulatory the end of the year. Contact: Larry Turner package for pesticide containers is in final TOXICS REPORTING: EPA is planning (703) 305-5007. agency review. Contact: Janice Jensen to issue guidance to limit the number of (703) 305-7706. chemical releases that companies must RECORDKEEPING: EPA released a report. Status: EPA hopes to complete rule April 9 that requires private pesticide DELANEY CLAUSE/FOOD ADDI- guidance in early 1993. applicators to keep records on the types and TIVES: Court ruled that EPA cannot allow amounts of pesticides used, and the places cancer-causing residues on processed PESTICIDAL PLANTS: EPA is crafting where used. 28 ENVIRONMENTAL POLICY ALERT - May 12, 1993 Cross-Media Special Report: EPA Cabinet-Level Elevation After extensive debate, the Senate approved a bill elevating EPA to a Cabinet-level department April 28, but observers who had earlier expected quick congressional passage of the legislation now say it could be some time before the House passes its version of the bill. A House bill is expected to be introduced soon that will include provi- sions to reform agency contract and information management and boost the role of environmental justice, but that bill may be referred to other committees. This Special Report covers the bill passed by the Senate and developments in the House. DEPARTMENTAL EPA - Senate bill passes, putting pressure on House The Senate last week cleared an EPA Cabinet-elevation bill after attaching several amendments, putting pressure on the House to produce a companion bill. At press time several EPA sources feared the House effort might be seri- ously slowed by what they view as onerous contracting measures and other extraneous provisions in draft House language. The Senate voted 79-15 on May 4 to approve S. 171, sponsored by Senate Governmental Affairs Committee Chairman John Glenn (D-OH). Elevation of EPA to Cabinet-level status is one of the primary environmental goals of the Clinton administration, which has backed the Senate bill. The legislation - originally labeled the Department of the Environment bill - was amended by Sen. William Roth (R-DE) to change the name to Department of Environ- mental Protection. The sole Democrat voting against the bill, Sen. Robert Kerrey (NE), argued that creating another Cabinet-level department ran counter to efforts to restructure government and streamline the "growing bureaucracy." In a statement submitted for the record, Kerrey said that although he supported strong environmental protection, "Before we say yes to a new federal Cabinet position, we need to say yes to the destruction of a few." Kerrey also spoke of the burden- some effect regulations have on states and local communities, the problems with EPA contract management and the high cost of the Superfund program as areas of concern. Among the Republicans voting against the bill were ducing a bill (see related story). House Government Operations Robert Bennett (UT), Larry Craig (ID), John Danforth (MO), environment, energy & natural resources subcommittee Chair- Phil Gramm (TX), Orrin Hatch (UT), Jesse Helms (NC), Dirk man Mike Synar (D-OK) is taking the lead on crafting the bill Kempthorne (ID), Frank Murkowski (AK), Don Nickles (OK), with Committee Chairman John Conyers (D-MI), who also Larry Pressler (SD), Alan Simpson (WY), Robert Smith (NH), heads up the legislation & national security subcommittee. Strom Thurmond (SC), and Malcolm Wallop (WY). Earlier in this session, House Government Operations EPA Administrator Carol Browner commended the Senate Committee Ranking Republican William Clinger (PA) intro- for its vote and expressed hope that the House "will soon follow duced a so-called "clean" bill that would simply elevate EPA suit." Although the House Government Operations Committee without adding any other provision. The clean approach was is moving toward formal consideration of EPA Cabinet-eleva- rejected by the Senate, which tabled a straight-up bill by Roth tion legislation, some sources have expressed concern the bill in favor of Glenn's bill. It is not yet known how the passage of may seek to address too many issues and get bogged down in the Glenn bill will affect events in the House. One House staffer details. Two Government Operations subcommittees held a says "a number of Republicans will push for a clean bill," joint hearing on elevation on May 6 and sources said commit- adding that some Republicans are opposed to elevating the tee members were waiting to hear Browner testify before pro- agency. RISK ASSESSMENT - Amendment to Senate bill could bog down regulatory process EPA risk experts fear that an amendment attached to the just-passed Senate EPA Cabinet-elevation legislation requiring risk assessments for agency regulations could unnecessarily slow the regulatory process by triggering time- consuming debates on what they say is an inexact science. Industry sources welcomed the bill. The amendment - offered by Sen. J. Bennett Johnston (D-LA) and overwhelmingly approved by a 95-3 vote last week - would require EPA to assess the risk to human health or the environment that is intended to be addressed by any new regulation proposed by the agency. The provision would also require the agency to conduct a comparative risk analysis to compare the risks addressed by the regulation "relative to other risks to which the public is exposed." Supporters of the amendment say the agency has often promulgated costly regulations that address trivial issues and do ENVIRONMENTAL POLICY ALERT - May 12, 1993 29 CROSS-MEDIA not result in significant protection of public health and safety. However, Rep. Henry Waxman (D-CA) blasted the amendment May 6 at a Government Operations Committee hearing on a House version of a Cabinet-level bill. "As amended the bill would sacrifice vitally important health and environmental protection gains we have achieved for the American public through years of hard-fought battles here in Congress," Waxman said. An EPA risk expert cautions that the requirement could prove "disruptive." This source contends that Congress already establishes relative risks by passing legislation requiring EPA to promulgate regulations in particular areas. EPA is bound to develop those regulations regardless of how the agency perceives the risk. According to this source, the Johnston amendment could disrupt and slow the regulatory process because the agency would have to "justify something that Congress has already told EPA it has to do." This source predicts that regulatory deadlines will be missed as the agency tackles risk assessment and comparative analyses for every rule it issues, a process that could "tie up EPA in knots." Because the science surrounding comparative risk assess- "should be authorized to spend some effort to identify what ment is so uncertain and individuals bring personal values into some of the major risks are globally and to do some compari- the discussion, the amendment could "mire the [regulatory] son." This source says the information gained could then be process in debate over what [risks are] important," another used to determine if required regulations are addressing what source cautions, adding that the requirement "gets Congress off EPA considers important issues. But this source adds that risk the hook" by placing the onus for explaining the need for costly assessment is difficult to do for specific rules, as required by the regulations on EPA. In general, this source says comparative Johnston amendment. risk assessment is good in theory, but too difficult to conduct in An industry source welcomes the idea of requiring a formal practice. "There are a lot of skeptics," this source says, explain- risk assessment process, saying the amendment points the ing that the science used to assess risks is uncertain, making agency "in the right direction." But this source expresses comparisons between disparate risks - for instance, ozone disappointment that the provision does not specifically call for depletion and hazardous waste - even more difficult. an objective process. Although the amendment "implies" ob- The need for some sort of risk assessment, however, is jectivity, this source would like to see the requirement spelled recognized by some EPA sources. One source says the agency out clearly. ENVIRONMENTAL EQUITY - House Cabinet-level bill strengthens EPA's role EPA's role in reducing the levels of pollution and environmental hazards found in minority and poor communities would be bolstered under an EPA Cabinet-level bill being drafted in the House. Meanwhile, the Clinton administra- tion, through various federal agencies, is raising the profile of environmental justice. Currently, Rep. John Conyers (D-MI), chairman of the Government Operations Committee, is drafting legislation to transform EPA into a department-level agency. A major portion of the draft legislation concerns environmental equity and the role EPA should play in fighting the disproportionate burden of pollution on poor and minority areas. The recently passed Senate version of an EPA Cabinet-level bill, S. 171, contains an environmental equity amendment offered by Sen. Paul Wellstone (D-MN) that is less detailed than provisions being considered in the House bill. The differences between the two bills would be worked out in a conference committee after the House passes its bill. Under a draft version of Conyers' bill, an Office of Envi- ment actions to protect environmentally disadvantaged popula- ronmental Justice would be created within the EPA tions with the greatest need for environmental protection serv- administrator's office. This office would be responsible for ices. agency wide strategic planning to ensure equal environmental The bill would increase citizen participation through small protection. An advisory board would be established to ensure technical assistance grants to community groups and by provid- public participation and oversight of the agency's efforts. ing citizens with the right to petition for environmental studies A Department of Environmental Protection would be re- in their neighborhoods. quired to develop data on the relationship between pollution and These provisions are "absolutely essential," EPA Admin- race, income and geography. The agency would be required to istrator Carol Browner said at a Government Operations Com- identify "environmentally disadvantaged populations," and the mittee hearing last week. "It's part and parcel of how we'll do agency would be authorized to operate a grant program for our job." research. One section of the draft bill requires the environmental Administration ralses profile of environmental equity agency to enforce Title VI of the Civil Rights Act of 1964 to Browner has made environmental justice a priority issue ensure that departmental programs and policies do not discrimi- for EPA, telling the House Government Operations Committee nate against minority populations. This provision could cause May 6 that she has already established an interagency group to the bill to be referred to the Judiciary Committee, possible address environmental justice issues across the federal govern- slowing passage of the bill. The legislation also gets enforce- ment. In testimony before Conyers' committee May 6, Browner 30 ENVIROI NTAL POLICY ALERT - May 12, 1993 CROSS-MEDIA said, "Environmental justice must be considered a shared and DOJ are exploring a possible agreement so that DOJ's responsibility in the actions of all federal agencies and ulti- Community Relations Service could provide outreach, concili- mately at the state, local, and tribal government level." ation, and mediation to communities affected by sources of EPA is working closely with the Department of Justice to pollution or contamination where racial concerns are involved, evaluate poor and minority areas using a database formed by Browner said. DOJ's Civil Rights Division, Browner said. In addition, the Browner also told the committee that she was committed to agencies are looking at ongoing litigation in which environ- making EPA staff more culturally and racially diverse. mental justice goals can be implemented, Browner added. EPA NEPA - Clinton administration seeks to strengthen overseas application Under direct orders from President Clinton, administration officials have begun reviewing the application of U.S. environmental policy to overseas projects, in an effort to tighten significant loopholes in a policy originally developed under President Jimmy Carter. State Department sources say that Secretary of State Warren Christopher supports strengthening the policy on when U.S. environmental standards should apply overseas, which is being reviewed in accordance with Presidential Review Directive No. 23. "Christopher has recommended that we should strengthen the [policy] and we are now looking at ways to do that," according to one senior State Department official. New executive order Appeals for the District of Columbia in Environmental Defense If the policy is strengthened, President Clinton will soon Fund V. Massey. The court ruled that provisions in the National sign an executive order to replace 12114, signed by Presi- Environmental Policy Act, or NEPA, that require government dent Carter in 1979, that would ensure stricter implementation agencies to conduct Environmental Impact Statements, did by federal agencies of U.S. environmental rules at overseas apply to government activities in Antarctica. The court ruled projects, requiring them to conduct environmental impact state- that the doctrine of extraterritoriality does not exempt govern- ments for a broad range of activities abroad. The effect of such ment agencies from conducting environmental assessments a change, sources say, could lead to increased awareness of the before incinerating food waste in Antarctica. The administra- environmental impact of civilian and military projects con- tion ultimately decided not to appeal the decision. ducted by federal agencies overseas. Environmentalists who filed the suit welcomed the deci- A senior State Department source acknowledged that until sion not to appeal the case to the Supreme Court, but urged the now, the Carter executive order has been applied "inadequately administration to strengthen the policy's application, arguing and, frankly, not enforced." The reason, he said, was the that U.S. projects and actions around the world, not just in significant loophole which allowed agencies not to conduct Antarctica, should be governed by NEPA. environmental impact statements if a foreign government played any role in the decision. Since foreign governments Decision sparks disagreements usually are partners in these decisions, he said, "almost every However, the decision not to appeal sparked disagreement project was exempt from the policy." between agencies centered on how broadly the decisions should In addition, he said, administration officials are reviewing be interpreted, or whether the decision could be limited to provisions that preclude the environmental impact statements Antarctica. The Justice Department statement noted that the from judicial review. Environmentalists say that this is one of administration "does not embrace language in the opinion the biggest loopholes in the policy, and want to see it closed. which may be interpreted to extend beyond this holding." A However, State Department officials say that more diffi- State Department official warned that if the decision in Massey cult questions remain about whether the new executive order was "taken literally, it could interfere with a great many military should expand judicial review authority over the environmental activities." assessments. "If this goes too far, any foreign action could The disagreement is both within and between federal engender a lawsuit to stop activity," the same source said. agencies and among executive branch officials, according to Environmentalists and state department officials concede sources. The departments of State, Defense and Justice favored that this is a big change from the Bush administration, which limiting the application - because of concerns that it would continually blocked efforts to review the policy and threatened impede U.S. activities abroad - while Vice President Gore, to veto legislation that did not include the loopholes. "We tried EPA, NOAA and the Council on Environmental Quality fa- under Bush to review [this policy] but we were continually vored strengthening the order. The environmentalist noted that stymied. Now we're taking another view, but this time we're even within the State Department there was disagreement: looking to see how we can strengthen the policy," the official Assistant Secretary of State Curtis Boehlen advised Christo- said. pher not to appeal the decision, while the Office of Legal The review is part of an effort begun by administration Counsel called for an appeal. Christopher eventually sided with officials shortly after they took office, in an effort to determine the legal counsel, but called for a review of the executive order. whether they should appeal a decision by the U.S. Court of ENVIRONMENTAL POLICY ALERT - May 12, 1993 31 CROSS-MEDIA EPA REFORM - Browner launches task forces to review EPA policy, operations EPA Administrator Carol Browner has launched 10 broad-based task forces within EPA to make recommenda- tions for reform on a host of issues from financial and management concerns to improving the use of science and protecting ecosystems, agency sources say. According to EPA staff, Browner has invited broad agency participation on 10 separate task forces intended to review EPA operations and integrate Browner's five main themes into agency programs. Sources say the 10 task forces are divided into five issue areas - quality science, environmental equity, environmental technology, ecosystem protection and pollution prevention - and five "process" areas focusing on management issues - "base budget" review, financial management, human resource development, regulatory and permitting reform and intergovernmental partnerships. One agency staffer explains that the results of the task force review will feed into the "national perform- ance review" being led by Vice President Gore to improve government operations generally. The task forces represent Browner's effort to get "bottom-to-top input" from agency staff on how to improve operations, an EPA source says. This source explains that Browner is expressly inviting staff that are not senior managers or even experts in the various fields to raise suggestions for improving the agency's performance. Several sources describe the task forces as a more "vertically-oriented" approach than EPA has previously employed, reaching a much broader spectrum of EPA staff than other agency reviews. An agency source says the task forces are a way "to reach out to some people who haven't been part of the institutional structure" addressing the various issues, in hopes they will "come up with ideas and implementation strategies the rest of us haven't thought of yet." This source adds EPA is "trying to get away from" task forces com- prised only of top-grade government staff. Several EPA sources say the task forces are still being organized, and there is still some question as to how members will be chosen and how the groups will be chaired. This source adds that EPA wants to ensure confidentiality for staff who may raise concerns about management of various programs, but that Browner has not yet set out ground rules to ensure secrecy. An agency source says that the process area task forces, in order to contribute to the national performance review, will likely have to complete their work within three months to fit into Gore's six-month timeline. An EPA source says this will require participants "to be fairly active," devoting perhaps as much as 20 percent of their work hours to the task forces. NAFTA - U.S. proposal for panel is silent on dispute resolution mechanism The Clinton administration has drafted confidential proposals to establish an independent commission - part of a side agreement to supplement the North American Free Trade Agreement - to investigate allegations of violations brought by the public. But the proposals fail to address the key questions of how lax enforcement or egregious prac- tices, once discovered and verified, would be remedied, whether failure to comply could ultimately lead to the imposition of trade sanctions, or how this commission and related efforts would be funded. Seven U.S. environmental groups said they could support a North American Free Trade Agreement even if a collateral environmental commission is not given the power to directly sanction polluters or issue subpoenas as part of its investigations. While the U.S. proposals would not grant the proposed regional environmental bodies the ability to subpoena in- formation independently, the panel would be allowed to pursue access to facilities and information "with the consent of the country where the facilities/data are located," according to a copy of the administration's draft. Moreover, the proposal calls for the NAFTA countries to commit in the accords to cooperate with commission inquiries "by respond- ing in good faith to its recommendations and requests for information." But the question of how disputes would be settled is left silent in the environmental text. The U.S. proposal only notes that the commission, in its role as aiding to resolve environment-related trade disputes arising under the NAFTA, could serve as a "forum for early consultation regarding potential NAFTA dispute settlement cases" and could provide experts to give advice to NAFTA dispute settlement panels. It indicates that reports, findings and conclusions reached by the environmental secretariat could be unanimously rejected by the executive committee, but does not address how such information, if approved by the executive commit- tee, would relate to the eventual triggering of a dispute settlement effort. U.S. negotiators led by Deputy U.S. Trade Representative Rufus Yerxa presented the papers to their Mexican and Canadian counterparts during the second round of talks on the so-called NAFTA side accords, held April 13-15 in Mexico City. The proposals were generated based on discussions by the National Economic Council of options contained in an early March NEC options paper. A third round of trilateral talks starts today in Canada, beginning with efforts by lower-level negotiators to patch together a consolidated draft legal text that would contain brackets indicat- ing differing positions between the parties. 32 ENVIRONMENTAL POLICY ALERT — May 12, 1993 CROSS-MEDIA ENERGY TAX - Hundreds of groups join to fight 'antl-competitive' Btu tax More than 900 groups representing manufacturing, construction, transportation, agricultural, utility, business and state interests have joined together in opposition to the Clinton administration's proposed British thermal unit (Btu) tax on energy use. The coalition says the proposed tax could put 600,000 Americans out of work by 1998, hinder eco- nomic growth and increase consumer prices, though late reports indicate the White House will soften its plan. The Affordable Energy Alliance, formed May 5, says the Btu tax is "heavily centered on industrial production," contrary to claims by the administration that it is merely a tax on consumption. "Because manufacturing depends so much on the energy that turns the motors and keeps production running, industrial production would be hit about 30 percent harder than the economy as a whole," National Association of Manufacturers President Jerry Jasinowski said. NAM is coordinating the effort. The alliance says the tax is biased against interests in the South and West, despite Clinton administration claims that a Btu levy is the most geographically equitable form of energy tax. Jasinowski added that the proposed tax also "condemns many of our exporting companies to second-rate competitive status in the world," as foreign manufacturers would not be subject to the same costs. A NAM spokesperson says the alliance is aimed solely at defeating any Btu tax proposal put before Congress, and currently is not developing an alternative plan. The Department of the Treasury offered a revised Btu tax April 1, pushing the collection point further downstream, toward the end user, but the NAM spokesperson was not aware of this proposal. Environmental groups blasted the revision at an April 22 congressional hearing (see April 28 issue, p44). At press time it was reported that the Clinton administration has made further concessions to business, and is willing to place the tax burden directly on consumers, rather than on electric utilities and natural gas producers. DEPUTY ADMINISTRATOR - Sussman confirmed as EPA's second political appointee Without objection, the Senate confirmed Robert Sussman as deputy administrator of the EPA May 6, giving Administrator Carol Browner her first political deputy nearly five months after she herself took office. Sussman's confirmation is expected to greatly aid Browner, who has been stretched thin by a pressing schedule of her own, EPA sources said. "I am pleased to have Bob Sussman join me on EPA's senior management team," Browner said in a statement May 7. "The agency will benefit immensely from the magnitude of his talents and environmental experience as we move forward in building consensus, improving regulatory performance and integrating pollution prevention into all aspects of our policy-making and management-efficiency efforts." Sussman, a former chemical industry attorney who has worked in Washington for almost 20 years, should be able to help Browner negotiate tricky political compromises between environmentalists, industry groups, EPA and Con- gress, congressional sources say. The chairman of the Senate Environment & Public Works, Sen. Max Baucus (D-MT) said during Sussman's confirmation hearing April 28 that, "The public expects you to help break the gridlock that has impeded the formulation of solutions to our nation's problems." Chief Editor: Robert Harrelson SUBSCRIPTIONS: Associate Editors: Jeremy Bernstein, Ethan Howland, Neil Versel, Tony Kreindler 703-892-8500 or Documents Coordinator: Debra Creedon Production Manager: Dara Ganoczy; Production Assistant: Jannette Esguerra Toll free 800-424-9068 Inside EPA's Environmental Policy Alert is published every other Wednesday by Inside Wash- NEWS OFFICE: ington Publishers, P.O. 7167 Ben Franklin Station, Washington, D.C. 20044. Subscription rates: 703-892-8518 $485/yr in U.S. and Canada; $535/yr elsewhere (air mail). Contents of Environmental Policy Alert are protected by U.S. copyright laws. 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ENVIRONMENTAL POLICY ALERT - May 12, 1993 33 Index AIR Studds bill seeks deductible water and sewer fees 19 EPA may tighten emissions monitoring proposal 2 GAO urges permit system to pay for monitoring 19 Browner moving on full-blown evaluation of ozone standard 2 Sources wary of speeding action on drinking water SRF 20 Clinton establishes task force for clean-fuel conversion 2 Industry, EPA welcome agreement on wetlands panel 20 Industry pleas for review of methyl bromide alternatives 3 EPA revising 10-year-old water quality standards 21 EPA eyes market-based measures for 'AIM' reg-neg 3 EPA set to clash over effluent guidelines 21 Group seeks PM-10 nonattainment status for NYC 3 Group threatens suit to force approval of state UIC plan 22 Air Regulations - Status in Brief 4 EPA offices disagree over discharge permit protection 22 Congressional Action - Air 5 Agency to decide if "cooling ponds" are a U.S. water 23 Water Regulations - Status in Brief 24 WASTE Congressional Action - Water 25 House bill would require incinerator ash testing 5 Baucus vows to move ahead with Superfund reauthorization 6 TOXICS & PESTICIDES Legislation would bar Superfund suits against cities 6 Reregistration bill called necessary for fee collection 25 Emergency rule addresses small portion of third-third wastes 7 Bill seeks to preserve pesticides for public health 26 OMB rejects landfill assurance criteria; deadline extended 7 EPA revokes, denies emergency pesticide exemptions 26 Talks on waste definition lean toward national standards 8 Company says statute of limitations applies administratively 27 DOI reopens comment period on resource damages rule 8 Appeals board to examine EPA's PCB-testing mandate 27 Industry urges tiered system for hazardous waste recycling 9 "Loophole" in Right-to-Know reporting law challenged 27 DOE foresees more waste from restoration than production 9 Congressional Action - Toxics & Pesticides 28 Supreme Court refuses to address insurers' liability 9 Toxics & Pesticides Regulations - Status in Brief 28 Congressional Action - Waste 10 Waste Regulations - Status in Brief 11 CROSS-MEDIA SPECIAL REPORT: EPA CABINET-LEVEL ELEVATION WATER EPA elevation bill passes Senate, pressuring House 29 Draft bill could reopen battle over CSO guidance 12 Amendment to Senate bill could slow regulatory process 29 TEXT: Excerpts of Combined Sewer Overflow Control Act House Cabinet-level bill bolsters environmental equity 30 (draft) 13 Browner offers broad framework for CWA reauthorization 14 Administration seeks to strengthen NEPA overseas 31 Survey shows "daunting" increase in funding requirements 15 Browner launches task forces to review EPA 32 EPA, Senate staff disagree on toxics, wet weather controls 16 U.S. proposal for NAFTA panel silent on dispute resolution 32 Lawmakers, environmentalists push NJ enforcement model 17 Hundreds of groups join to fight Btu tax 33 Milwaukee poisoning prompts call for national legislation 18 Sussman confirmed as EPA deputy administrator 33 SUBSCRIPTION ORDER FORM Sign me up for a full year of Inside EPA's Environmental Policy Alert at $485 ($535 outside U.S. and Canada). Check enclosed (DC subscribers add 6% sales tax) Bill me Name/Title Organization Address City State Zip Signature Phone Number Clip and mail to Inside EPA's Environmental Policy Alert, P.O. Box 7167, Ben Franklin Station, Washington, DC 20044. To order by phone, call toll free 800-424-9068. (In the Washington, DC area, call 703-892-8500.) 34 ENVIROI NTAL POLICY ALERT — May 12, 1993 that will result in $48.4 billion in savings. Lawmakers agreed on a package of cuts put together by the Health Sub- committee that would freeze for two CONGRESSIONAL years cost of living adjustments (COLAs) for reimbursements to hospitals and phy- sicians. Those changes would achieve $36.2 billion in savings. MONITOR The package also contains a provision to save $8.4 billion by extending a law that requires Medicare beneficiaries to pay 25 percent of the cost of a doctor's visit. On C Health Cuts. The Energy and Com- merce Health Subcommittee yesterday came up with $36.8 billion in savings over Friday, May 7, 1993 Volume 29, Number 77 five years from the Medicare and Medicaid programs and endorsed a scaled-back ver- sion of President Clinton's child immuni- zation initiative. The reconciliation plan News From the Hill was approved by voice vote. Members came up with $8.5 billion in savings from Medicaid, which provides health insurance for the poor, and $28.3 SENATE FLOOR: Lobby disclo- day on a measure (HR 820) that would billion in savings from Medicare, the sure measure passes. authorize funds for government programs health insurance program for the elderly. The Senate passed, 95-2, legislation designed to improve the global competi- After a heated debate, the panel ap- that would place new requirements on tiveness of U.S. companies. proved, 17-9, a proposal to tighten laws those who are paid to lobby the federal But with several amendments still that enable the elderly to shelter income government. left to be considered, lawmakers put off to qualify for long-term care. The bill (S 349) would replace exist- consideration of the measure until next Lawmakers also approved a revised ing disclosure laws with a single statute Wednesday. version of Clinton's immunization pro- to cover paid lobbying of Congress and Democrats and Republicans are gram, after the White House agreed to the executive branch by both foreign and deeply divided over the bill, which em- changes that would continue to require domestic lobbyists. braces President Clinton's call for a part- parents who can afford the immuniza- Currently, there is no disclosure re- nership between businesses and govern- tions to pay for them. The plan would quirement for lobbying White House or ment to develop emerging technologies. provide vaccines to poor children and the other executive branch officials or con- While Democrats support the mea- uninsured. gressional staff. The measure seeks to sure, GOP members say that government Banking Fees. State-chartered close these and other loopholes. interference in the marketplace is coun- banks won a reprieve from the Banking Voter Registration. The Senate be- terproductive. Committee yesterday when panel mem- gan consideration of the conference report Republicans offered amendments to bers looked elsewhere for $1.4 billion in to HR 2, the so-called motor-voter bill. scale back the bill, but they were de- mandated savings. The measure would require states to feated. One by Dana Rohrabacher, R- The Budget Committee instructed allow citizens to register to vote at the same Calif., which would have eliminated fed- the panel to raise the money by charging time that they apply for a driver's license. It eral subsidies for manufacturing state-chartered banks for Federal De- also would require states to provide for technology centers, was rejected 201-221. posit Insurance Corporation audits. registration through the mail and at certain But committee members decided to public assistance agencies, such as state RECONCILIATION: Tax debate raise the money by tapping a number of offices where welfare checks are distributed. on hold; spectrum auction approved. other sources. The panel voted to use The House agreed to the conference House committees yesterday contin- $200 million in surplus funds from the report on Wednesday. ued to work on their portions of a $343 Federal Reserve. Senators will return to the confer- billion deficit-reduction bill, although Lawmakers also agreed to change the ence report today, but for debate only. A Ways and Means panel members put off way that creditors are repaid after a bank vote to end debate is expected next week. further work on a package of tax hikes fails. Under a program called "depositor until next week. preference," insured depositors will be HOUSE FLOOR: Technology bill Medicare COLAs. The Ways and the first paid back out of the bank insur- debated; final votes next week. Means Committee approved, by voice ance fund, followed by uninsured deposi- The House continued work yester- vote, changes to the Medicare program tors and then general creditors. Accord- ing to the Congressional Budget Office, the change will save $750 million. Spectrum Auction. The Energy and Commerce Committee's Telecom- munications Subcommittee met its CQ 20500 reconciliation obligations yesterday by WHITE HOUSE/OFC SCI S: TECH POL agreeing by voice vote to a proposal to JOHN H GIBBONS DEOB RM 358 raise $7.2 billion through the auction of 17TH & PENN AVE NW government-held radio frequencies. CQ XXXXX XXXXX The proposal would affect only li- cense holders who sell rights to use their WASHINGTON DC 20500 frequencies to subscribers, such as com- panies that sell cellular phones and offer paging services. Page 2 Congressional Monitor Friday, May 1993 Under the plan, land-based phone House Appropriations Committee yesterday approved two spending op- companies and broadcasters would not be Chairman William H. Natcher, D-Ky., said tions, leaving it to the full committee to required to bid for the spectrum. he will bring the supplemental spending decide which to include in the supple- Mike Synar, D-Okla., and other law- bill to the full committee next week, and to mental appropriations bill. makers complained to Chairman Edward the House floor the following week. One option contains programs that J. Markey, D-Mass., that the proposal Natcher said he will seek an open rule have been authorized; the second in- would lead to the deregulation of the cel- on the bill and expects numerous amend- cludes unauthorized programs that could lular phone industry. Roughly 10 states ments on the House floor. "That's the way be objected to during floor action. currently institute price controls on the we used to work around here. And that's The first plan would provide $5.5 cellular phone market but would be what I plan to do," Natcher said. million to pay federal jurors in criminal barred from doing SO under the proposal. The Appropriations chairman also cases and $55 million for the public de- said that any part of the bill that would fenders service, two programs that are S&L FUNDS approved by House provide funds for an unauthorized pro- about to run out of funds. It also would Banking Committee. gram would have to be removed. appropriate $181 million to continue a With unanimous support from panel Labor, HHS. The Labor, Health and loan guarantee program for small busi- Democrats, the House Banking Committee Human Services, and Education Sub- nesses under the Small Business Admin- yesterday voted 35-16 to provide $18.3 for committee, which Natcher chairs, ap- istration. the savings and loan bailout but stopped proved its portion of the supplemental The second option would provide short of appropriating $12 billion for the spending bill by voice vote yesterday. $13 million to relocate FBI personnel, $1 industry's new insurance fund. The panel voted to provide $30 million million for the Arms Control and Disar- The action was a victory for panel for a vaccine program that is used to pay mament Agency, $9 million for the Fed- Republicans, who had sought to do away claims for vaccine-related injuries and eral Communications Commission, and with taxpayer funding of the Savings deaths. $400,000 for the Office of the U.S. Trade Association Insurance Fund (SAIF), Members also included $10 million for Representative. which will handle the bailout as of Oct. 1. the Social Security Administration to pro- Subcommittee Chairman Neal The money in the bill will pay for the cess new benefits requests that have re- Smith, D-Iowa, said the panel would ask final work of the Resolution Trust Cor- sulted from the Coal Industry Retiree for a recission of $30 million from the poration, the primary thrift cleanup Health Benefit Act of 1992. The sub- Department of Justice's asset forfeiture agency. committee also included $160 million for program, which handles seized assets "I hope that this is the last time the Pell grants to accommodate a shortfall of from convicted felons. committee will ever have to consider funds in the program during fiscal 1991-93. Agriculture. The Agriculture Sub- funding for the Resolution Trust Corp.," Treasury, Postal. The portion of committee agreed to its portion of the said Chairman Henry B. Gonzalez, D- the bill under the jurisdiction of the spending bill by voice vote. Texas. "If our figures are correct, enact- Treasury, Postal Service and General Lawmakers approved $4 million for ment of this legislation will end, once and Government Subcommittee mainly af- meat inspections, $3 million for mam- for all, the cleanup of the greatest finan- fected accounts in the Executive Office of mography equipment testing and $4.5 cial disaster of our time." the President. The panel approved its million to guarantee about $250 million The panel also authorized $16 billion proposal by voice vote. in rural housing loans. to capitalize SAIF but raised significant The White House had requested $7.4 The panel decided to offset the hurdles before the money can be appro- million in supplemental funds for the ex- funding with an $8.5 million rescission in priated. ecutive office, saying that the funds were previously approved spending for the Ru- The bill stipulates that funds for needed to pay for the continuing costs of ral Development Administration. SAIF can be released only if the Federal the transition and recruiting and screen- Defense. The Defense Sub- Deposit Insurance Corporation certifies ing White House personnel, for purchas- committee approved its portion of the that the S&L industry cannot fund SAIF ing telecommunications equipment, and supplemental spending bill in a closed itself without endangering the economic for processing the president's mail, which markup on Wednesday. Committee aides health of thrifts. is expected to amount to 10 million let- would not release details of the panel's The S&L bailout has often flared into ters this year. work. a partisan issue, and yesterday's markup The White Office requested that the The Clinton administration has re- was no exception. At one point, Joseph P. funding be offset with surplus funds from quested a $5 million appropriation for Kennedy II, D-Mass., and Toby Roth, R- the Internal Revenue Service and the Of- the National Security Education Trust Wis., got into a shouting match over fice of National Drug Control Policy. Fund, which was authorized in 1992 for whether Democrats or Republicans were But the subcommittee approved an foreign language training for defense and responsible for the scandal. amendment by Chairman Steny H. Hoyer, intelligence workers. In an effort to crack down on unscru- D-Md., that would provide $6.8 million, pulous S&L operators, the panel approved, about $600,000 less than requested. The CLINTON WILL delay release 27-22, an amendment that would extend amendment also prevented the adminis- of health-care plan. the statute of limitations on civil lawsuits tration from taking any funds from the Heeding advice from congressional relating to fraud from three to five years. IRS. Hoyer said he was concerned that the Democrats, President Clinton announced tax agency would find itself without any yesterday that he would wait to send his FY93 SPENDING BILL wins money later on in the year. health-care reform proposal to Congress approval of House appropriators. The amendment allows $4.7 million SO that lawmakers could focus on the ad- A number of House Appropriations of the funds to be transferred from other ministration's package of tax hikes and subcommittees yesterday approved por- White House accounts, including the Na- spending cuts. tions of a $1.1 billion fiscal 1993 supple- tional Space Council and National Criti- Congressional leaders are aiming to mental spending bill that President Clin- cal Materials Council and the drug policy finish work on a deficit-reduction pack- ton requested in April. office. age in June; the administration had Clinton said that the money was Commerce, Justice, State. By planned to release its health-care pro- needed to cover unanticipated funding, voice vote. the House Appropriations posal by the end of May. such as peacekeeping forces in Somalia. Commerce, Justice, State Subcommittee Hill Democrats had lobbied Clinton Friday, May 7. 1993 Congressional Monitor Page 3 to hold back on health-care so that Con- establish six national education goals to The design includes a Confederate gress could focus on a deficit-reduction be achieved by the year 2000. flag, which Moseley-Braun said was in- bill that is moving through the House. The bill would also authorize $393 flammatory and insensitive to the suffer- "I don't know when we are going to million in fiscal 1994, most of which ing of black people under Confederate announce it," Clinton told reporters in would be used to make grants to states to rule. the Oval Office, but added that it was help improve their secondary and ele- Strom Thurmond, R-S.C., argued "critical" that the health-care plan be in- mentary schools. against the blocking the reauthorization, troduced in time for consideration this Under the bill, each state would de- saying the design had been reauthorized year. velop its own set of educational stan- numerous times by the Senate and that Several lawmakers have questioned dards, but the standards would have to the group has done charitable work for whether Congress can complete work on address the issues raised in the national decades. such a wide-ranging and complicated goals. States would also have to write measure this year. House Speaker "opportunity to learn" standards, which LAND TRANSFER measures Thomas S. Foley, Wash., said that he did would detail what schools needs to pro- win subcommittee approval. not see a "terrible consequence" if Con- vide to students to help them meet the A House Natural Resources panel gress waited until next year to complete national goals. These standards could in- gave voice vote approval to a measure action on the bill. clude items such as competent teachers, that would distribute 14,000 acres of In- modern textbooks and a safe environ- terior Department land in Colorado. MINING LAW revision, favored ment. The National Parks, Forests and by industry, OK'd by Senate Energy. The opportunity-to-learn standards Public Lands Subcommittee approved As expected, the Senate Energy and are more important to panel Democrats the bill (HR 1134), which would transfer Natural Resources Committee approved than Republicans. As a result, the panel the land to the U.S. Forest Service, the legislation yesterday that would charge reached an agreement that the Demo- state of Colorado, the county of Clear miners and mining companies royalties crats would not offer controversial Creek and the towns of Silver Plume and on the minerals they extract from feder- amendments to the bill if the Republi- Georgetown in Colorado. ally owned lands. cans did not challenge the standards. Part of the land transferred to the The bill (S 775), approved by voice But John F. Reed, D-R.I., offered an county could be sold off, with the profits vote, is backed by the mining industry as amendment, approved 17-7, that would shared between the county and the fed- well as conservative, Western senators. require state education officials to offer a eral government. Introduced by Larry E. Craig, R- plan on what they would do if they failed This transfer is intended to reduce Idaho, the legislation would require min- to meet the opportunity-to-learn stan- the Interior Department's land manage- ing companies to pay royalties equal to 2 dards. Republicans objected, saying that ment costs and provide revenue. percent of the net profit from minerals the amendment would actually force the The panel also approved, by voice dug up on public lands. The bill also states to meet these standards. Steve vote, a measure (HR 1183) that would would force mining companies to pur- Gunderson, R-Wis., called it a "deal- validate the transfer of certain lands held chase the land from the government at breaking amendment." by the Central Pacific Railway Company market rates, rather than at the reduced Panel members then agreed to work in California. The railway has since rates they are now charged. on the amendment to make it more pal- turned over the lands to private citizens, The mining industry supports atable to the Republicans before the full and the bill would make this transfer of- Craig's bill because it differs significantly committee markup, which could be held ficial. from the companion House measure (HR May 19. An amendment approved by voice 322) and a measure 257) introduced by vote would retain U.S. ownership of any Sen. Dale Bumpers, D-Ark. RELIGIOUS FREEDOM bill ap- minerals on the lands but would bar min- HR 322 would charge 8 percent roy- proved by Judiciary. eral exploration and development. alties on the gross value of the minerals The Senate Judiciary Committee and would impose environmental restora- yesterday approved, 15-1, a bill that aims EPA ELEVATION faces some tion standards on the mining companies. to limit state government interference difficulty in House. Committee Chairman J. Bennett with religious practices. Influential House members yester- Johnston, D-La., said he would like The measure (S 578) was crafted in day said they were concerned about re- Craig's bill to pass the Senate without response to Employment Division U. ports of contract abuse and lax manage- amendment and then negotiate the dif- Smith, a 1990 Supreme Court decision ment of outside contractors by the ferences between the two bills in a that gave states new powers to enact laws Environmental Protection Agency, and House-Senate conference. "This will be that restrict religious practices. Under they suggested that legislation to elevate our ticket to a conference committee," that ruling, states could pass laws that the agency to a federal department may Johnston said. bar certain religious practices as long as proceed more slowly than in the Senate. He said he would try to appoint an the laws had a valid purpose and were Energy and Commerce Committee equal number of supporters and critics of not intended to inhibit religious freedom. Chairman John D. Dingell, D-Mich., told the mining law to the conference and that S 578 would require that a state a joint hearing of two House Government he would act as an arbiter. show a "compelling state interest" in en- Operations subcommittees that he was acting a law, the standard that was in concerned about reports from the Gen- EDUCATION MEASURE moves place before the Supreme Court ruling. eral Accounting Office and EPA's inspec- through House subcommittee. The panel also approved, by voice tor general that cite problems in manage- Legislation proposed by the Clinton vote, legislation (S 409) that would ex- ment at the agency and questionable administration to help improve the na- tend a number of design patents, such as expenditures by outside constractors, tion's education- system was approved, labels used by community groups. many of whom are hired for work related 17-9, by a House Education and Labor By a 12-3 vote, members agreed to to the "superfund" hazardous-waste subcommittee. substitute language by Carol Moseley- cleanup program. The measure (HR 1804), approved Braun, D-III., that removed reauthoriza- "I'm not here to plead for elevation by the Elementary, Secondary and Voca- tion of a design used by the United of the agency," Dingell said. tional Education Subcommittee, would Daughters of the Confederacy. Mike Synar, D-Okla., the chairman Page 4 Congressional Monitor Friday. May 7, 1993 of Government Operations' Environment project but after intense lobbying by the Higgins is not able to defend himself." Subcommittee, said he too was troubled Bush White House, the Senate restored Privately, a Republican panel mem- by reports of contracting abuse and loose the funds. House opponents did not press ber complained that Higgins was being management. the issue but may challenge the Senate "hung out to dry" by Bentsen. EPA's new administrator, Carol M. this year. Bentsen shot down a rumor brought Browner, told members of Synar's panel Super collider supporters argue that up by Christopher S. Bond, R-Mo., that and the Legislation and National Secu- the project is essential for the United the ATF was going to be abolished. rity Subcommittee that she supports pro- States to remain a leader in the field of "There is no such plans," said Bentsen. visions in the Senate bill and in a draft high energy physics. They add that 7,000 bill by John Conyers Jr., D-Mich., to jobs would be lost if the project were ENDANGERED SPECIES Act strengthen contractor oversight and limit canceled. reauthorization introduced. the amount of work done by outside con- But critics say that each job the Marking the 20th anniversary of the tractors, especially if the work is consid- project creates costs $80,000 and that the Endangered Species Act, House and ered an "inherently governmental func- collider has been plagued with cost over- Senate lawmakers yesterday introduced tion," such as auditing. runs and mismanagement. companion bills to reauthorize the 1973 The Senate this week passed a bill (S law. 171) that would elevate the agency to BENTSEN CRITICIZED for House Merchant Marine and Fisher- Cabinet-level status. curbing Waco remarks by ATF chief. ies Committee Chairman Gerry E. Treasury Secretary Lloyd Bentsen Studds, D-Mass., joined Senate Environ- SUPER COLLIDER delay could came under criticism yesterday during a ment and Public Works Committee add $2 billion to project's tab. Senate Appropriations subcommittee Chairman Max Baucus, D-Mont., and Energy Secretary Hazel O'Leary told hearing for placing restraints on the pub- ranking member John H. Chafee, R-R.I., the House Interior Appropriations Sub- lic comments that Alcohol, Tobacco and in introducing the legislation, which committee yesterday that the adminis- Firearms (ATF) Director Stephen E. would put more emphasis on preserva- tration's proposal to stretch out the con- Higgins could make about the operation tion of ecosystems rather than individual struction schedule for the at the Waco, Texas compound of cult species. superconducting super collider by three leader David Koresh. Studds said that recent controversies years may add nearly $2 billion to the Bentsen was appearing before the surrounding the act were due to misman- project's total cost. Treasury, Postal Service and General agement by previous administrations, not Nevertheless, she said, the Clinton Government Subcommittee on the Trea- because the act itself was flawed. "This is administration remains committed to the sury Department's $10.3 billion fiscal a statute that is understood and sup- Texas-based atom smasher, which may 1994 budget. ported by the American people," said now cost more than $10 billion. Panel members, who met privately Studds. Under President Clinton's recent with Higgins on Wednesday, asked Bent- Baucus added that the legislation budget request, the super collider would sen whether he had placed a "gag order" would allow the government to intervene not be completed until 2002. Clinton has on Higgins barring him from discussing before a species' decline becomes a threat requested $640 million for fiscal 1994 for the Feb. 28 raid on the Branch Davidian to the environment and the economy. the collider, less than President Bush's compound that led to four ATF agents The measures would encourage ear- $859 million planned expenditure. being killed. A government operation to lier and more comprehensive species con- "This administration's position is end the 51-day siege at the compound servation, would step up federal efforts to to go forward with the superconducting resulted in the deaths of more than 80 of recover species and would create incen- super collider, but not at the same ag- the cult members on April 19. tives for private landowners to conserve gressive rate that it went forward under Bentsen said that Higgins was not species. the previous administration," O'Leary under a gag order but did have some The bills would double the amount said. restrictions on what he could say in pub- of funding currently authorized for the Panel member Ron Packard, R- lic. Interior Department, from $56.5 million Calif., warned O'Leary that unless the Subcommittee Chairman Dennis De- in fiscal 1993 to $110 million in fiscal administration showed more enthusiasm Concini, D-Ariz., called it "grossly unfair 1994. for the super collider, the project faced a that [Higgins] cannot answer ques- Studds and Baucus both said they very "bumpy ride" through Congress. tions It concerns me that the [ATF] would hold hearings on the legislation The House last year voted to kill the seems to be isolated here because Mr. through the summer and fall. House Committee Phone Numbers Agriculture 225-2171 Judiciary 225-3951 Appropriations 225-2771 Merchant Marine and Fisheries 225-4047 Armed Services 225-4151 Natural Resources 225-2761 Banking, Finance and Urban Affairs 225-4247 Post Office and Civil Service 225-4054 Budget 226-7200 Public Works and Transportation 225-4472 District of Columbia 225-4457 Rules 225-9486 Education and Labor 225-4527 Science, Space and Technology 225-6371 Energy and Commerce 225-2927 Select Intelligence 225-4121 Foreign Affairs 225-5021 Small Business 225-5821 Government Operations 225-5051 Standards of Official Conduct 225-7103 House Administration 225-2061 Veterans' Affairs 225-3527 Ways and Means 225-3625 Congressional Monitor Friday, May 7, 1993 Listings 1 Meetings & Events Scheduled Today and chief, Antitrust Division, State of Maryland; Senate Committees FY94 TRANSPORTATION APPROPS James Egan Jr. director for litigation, Bureau of House Appropriations Committee Competition, Federal Trade Commission: Phillip Proger attorney, Washington, D.C. (Jones, Day, Transportation Subcommittee (Chairman FY94 LABOR, HHS APPROPS Reavis and Pogue) Carr, D-Mich.) will hold hearings on FY94 Senate Appropriations Committee PANEL: Jerald Schenken member, Board of appropriations for programs under its Labor, Health and Human Services and Trustees, American Medical Association: Erling jurisdiction. Education Subcommittee (Chairman Harkin, Hansen - general counsel, Group Health Associa- 9am 2358 Rayburn Bldg. May 7 tion of America; Beverly Malone dean and Agenda & witness scheduled: Public Witnesses D-Iowa) will hold a hearing on FY94 appropria- professor, School of Nursing, North Carolina PANEL: Reps. Johnson, D-S.D.: Bereuter, R-Neb. tions for progams under its jurisdiction. A&T University representing American Nurses PANEL: Reps. McCloskey, D-Ind.; Rowland, D- 9:30am SD-192 Dirksen Bldg. May 7 Association: Eugene Pawlowski president, Blue- Ga.: Clement, D-Tenn. Agenda: Sens. Craig, R-Idaho; Feinstein, D-Calif.; field Regional Medical Center, Bluefield, W. Va. PANEL: Rep. Stearns, R-Fla.; Ed Austin mayor, Chapin Wilson American Federation of Govern- representing American Hospital Association; Jacksonville, Fla.; Mark Hulsey . vice chairman, ment Employees: Mary Chatel Social Security Steve Wetzell executive director, Business Jacksonville Port Authority. Management Associations; Robert Tobias Na- Health Care Action Group, Minnetonka, Minn. PANEL: Reps. Morella, R-Md.; Pastor, D-Ariz.: tional Treasury Employees Union; Diane Bridge Filner, D-Calif. NLRB; Nathan Albright - NLRB Union; Dennis PANEL: Thomas Hayward chairman of the Kelley National Fuel Funds Network; William STATE DEPT NOMINATIONS Board, Southeastern Pennsylvania Transporta- Hill National Fuel Gas Distribution Companies; Senate Foreign Relations Committee tion Authority; Peter E. Stangl chairman and Wallace Zeddun American Gas Association: Edward Meyers National Association of Regula- Senate Foreign Relations Committee CEO. New York Metropolitan Transportation Authority tory Utility Commissioners; Alan Guyant Na- (Chairman Pell, D-R.I.) will hold a confirma- PANEL:Thomas H. Hanna president, American tional Low Income Energy Consortium; James tion hearing on pending nominations. Automobile Manufacturers Association Hubbard American Legion; William Gaddy 10:30pm SD-419 Dirksen Bldg. May 7 PANEL:R. Jeffery Henning president, VPSI, Inc. Interstate Conference of Employment Security Nominations: Douglas J. Bennet to be assistant PANEL:Rep. Grams, Minn. Agencies; Richard Morris National Job Corps secretary of State for International Organization PANEL:Stan Oftelie CEO, Orange County (Calif.) Coalition: Anne Richardson Reading is Funda- Affairs Transportation Authority mental; Gerald Sroufe American Educational Elinor G. Constable to be assistant secretary of PANEL: Rep. Hilliard, D-Ala.; Steven Means Research Association; Catherine Ahl National State for Oceans and International Environmen- mayor, Gadson, Ala.; Richard Arrington mayor, Military Family Association; Constantine Curris tal and Scientific Affairs Birmingham, Ala. American Association of State Colleges and Uni- John Howard Francis Shattuck to be assistant PANEL: John O'Brien director, Air Line Pilots versities; Sherry Penney American Council on secretary of State for Human Rights and Hu- Association Education: William Soult National School manitarian Affairs PANEL: William E. Legg director, Naval Affairs, Boards Association; Chris Mattocks American Reserve Officers Association of the United States Association of School Administrators; Jack Dull PANEL: Frank Pinter executive director, Na- University of Washington; Donald Cohodes Blue tional Easter Seal Society; Rosalyn Simon direc- Cross Blue Shield Association; Alfred Healy tor, Project ACTION AAUAP: Ian Graves Association of University PANEL: Ken Hamm general manager, LINK, Programs in Occupational Health and Safety; Chelan-Douglas County James Preslock Society for the Study of PANEL: Albert C. Eisenberg senior director. Reprodution; James Steven Kahn Museum of House Committees Federal Legislative Affairs American Institute of Science and Industry; Martin Stephans - Humane Architects Society and Industry PANEL: Steven Shladover chairman, American Society of Mechanical Engineers FY94 COMMERCE, JUSTICE, PANEL: Frank Sasso - Eastern Upper Peninsula HOMOSEXUALS IN THE MILITARY STATE APPROPS Senate Armed Services Committee House Appropriations Committee The full committee (Chairman Nunn, D- Commerce, Justice, State and Judiciary Ga.) will continue hearings on President Clin- Subcommittee (Chairman Smith, D-Iowa) will hold a hearing on FY94 appropriations for OFF THE HILL ton's intention to issue an executive order that would end the current policy that prohibits programs under its jurisdiction. homosexuals from serving in the armed forces 9am H-310 Capitol Bldg. May 7 President's Schedule of the United States. Agenda & witnesses scheduled: Public Witnesses 10:30am: Meets with European 9:30am SR-222 Russell Bldg. May 7 Community Commission President Witnesses scheduled: Members of the Senate FY94 INTERIOR APPROPS Jacques Delors, Prime Minister Poul House Appropriations Committee Nyrup Rasmussen of Denmark, which TREASURY NOMINATION Interior Subcommittee (Chairman Yates, holds the rotating European Commu- Senate Banking Committee D-III.) will hold a hearing on FY94 appropria- nity Council presidency, and EC Com- The full committee (Chairman Riegle, D- tions for programs under its jurisdiction. missioners Sir Leon Brittan and Hans Mich.) will hold a confirmation hearing on the 10am B-308 Rayburn Bldg. May 7 van den Broek, White House. The nomination of Frank Neil Newman to be under Agenda & witness scheduled: Bureau of Land Management: Carson Culp acting director leaders discuss the current situation in secretary of the Treasury for domestic finance. Russia, Bosnia, the Middle East, the 10am SD-538 Dirksen Bldg. May 7 world economic and monetary situa- FY94 LABOR, HHS, tion and completion of the Uruguay EDUCATION APPROPS Round of the GATT talks in the latest HEALTH-CARE INDUSTRY House Appropriations Committee ANTITRUST ISSUES in the round of twice-yearly EC-U.S. Labor, Health and Human Services, and Senate Finance Committee presidential summits. Education Subcommittee (Chairman Natcher, Medicare and Long Term Care Subcommit- D-Ky.) will hold a hearing on FY94 appropria- 12:25pm: Working luncheon with tee (Chairman Rockefeller, D-W.Va.) will hold the EC leaders. White House. tions for programs under its jurisdiction. a hearing on antitrust issues in the health-care 10am 2358 Rayburn Bldg. May 7 2pm, approx.: The EC leaders industry. Agenda & witnesses scheduled: 10am: Voca- and Clinton make statements and 10am SD-215 Dirksen Bldg. May 7 tional and Adult Education: Ricky Takai acting take questions. White House, East Witnesses scheduled: assistant secretary of Education; Special Educa- Sen. Metzenbaum, D-Ohio Room. tion and Rehabilitation Services: William Smith PANEL: Ellen Cooper assistant attorney general acting assistant secretary of Education New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 2 House continued 3pm: Speech by David DeCarme, chief of the ECONOMY NEWS CONFERENCE Department of Transportation office of interna- Sen. Phil Gramm. R-Texas. and Rep. Dick Transportation Authority tional transportation maritime and surface divi- Armey, R-Texas, hold a news conference to PANEL: Mike Mobey general manager. Isabella sion, on NAFTA. Lexington Room unveil an economic incentives package. "an County Transportation Commission; John D. alternative to President Clinton's failed stimu- Haeger College of Arts and Sciences, Central lus bill." Michigan University DRUGS CONFERENCE 10:15am Senate Radio-TV Gallery Capitol Rep. Charles Schumer (D-N.Y.) hosts the BLdg. May 7 1993 National Summit on U.S. Drug Policy. Contact: Larry Neal, 202-224-0704 FY94 VA, HUD APPROPS 8:45am Thurgood Marshall Federal Judi- House Appropriations Committee ciary Building, (on Massachusetts Avenue east VA, HUD. and Independent Agencies Sub- of Union Station) May 7 ENERGY TAX committee (Chairman Stokes, D-Ohio) will Contact: John Wolf. 202-225-6616 NEWS CONFERENCE hold hearings on FY94 appropriations for pro- Highlights grams under its jurisdiction. 8:45am: Remarks by Schumer and Lee Brown, Representatives from several environmen- 10am H-143 Capitol Bldg. May 7 Office of National Drug Policy director-designate. talist organizations hold a news conference to Agenda & witnesses scheduled: 9am: Speech by Attorney General Janet Reno. announce opposition to a measure pending 9:30am: Speech by the Rev. Jesse Jackson. before the House Committee on Ways and Rebecca Quinn Association of State Flood Plain Managers; John Friel Watsonville Community 9:50am: Panel discussion on whether the nation IS Means, known as the Brewster amendment, Hospital: Brad larossi Association of State Dam winning or losing the war on drugs. Participants that they claim would gut the Clinton adminis- Safety Officials: Dave McMillion National include former HEW secretary Joseph Califano. tration's proposed BTU tax and set back envi- Emergency Management Association: Ivy Cohen 12:30pm: Luncheon speech by James Burke of the ronmentalist support of the tax plan. Partici- "Just Say No" International; Ralph Gennaro Partnership for a Drug Free America. pants include Ed Rothschild of Citizen Action, Friends of the Earth; Frank Fitch Federation of Carol Werner of the Environmental and En- American Societies for Experimental Biology; ergy Study Institute, Dawn Erlandson of Jerome Goldstein American Academy of Otolar- Friends of the Earth, Dan Lashof of the Natu- yngology; Dr. Early Association of Minority ral Resources Defense Council and the Tom Health Professionals: William Yolton National Interreligious Service Board for Conscientious Grasso of Union of Concerned Scientists. Objectors: Carol McNeely American Academy of BTU TAX ON ENERGY Noon National Press Club, 14th and F Dermatology; Jane Schautz Small Towns Envi- Energy Task Force of Women in Govern- streets NW, First Amendment Lounge May 7 ronment Program: Charles Kidd Florida A & M: ment Relations will sponsor a panel discussion Contact: Henry Griggs, 202-682-1270. or Ei- John Grupenhoff National Association of Physi- on the administration's proposal to tax the leen Quinn, 202-332-0900 cians for the Environment: William Becker STAPPA/ALAPCO; Rep. Wyden, D-Ore.; BTU content of energy. Representatives of ten Candace Balmer Westchester Community Col- major energy associations have been invited to lege discuss the impact of the BTU tax on their industry. 8:30am to 10am American Trucking Associa- CONGRESSIONAL tions, 430 First St. S.E. May 7 Joint Committees Contact: Debbie Lawrence or Marshia MONITOR Younglund at 202-833-8994 Managing Editor: Brian Nutting APRIL EMPLOYMENT Note: There is a charge for this event of $15 for Senior Editor: Robert Healy members and $25 for non-members. For reserva- Joint Economic Committee tions call the number listed above. News Editors: Amy Stern, Elizabeth Helfgott Joint Economic Committee (Chairman Senior Reporters: Thomas Galvin, Keith Glover Obey, D-Wis.) will hold a hearing to receive the Christine C. Lawrence, Richard Sammon employment and unemployment statistics for Reporters: David Masci, Laura Michaelis, the month of April. Elizabeth A. Palmer, Jeanne Ponessa 9:30am 2255 Rayburn BLdg. May 7 Editorial Assistant: Victoria A. Needham Witness scheduled: William Barron acting com- missioner, Bureau of Labor Statistics WASHINGTON AIRPORTS The Washington Airports Task Force holds Published by Congressional Quarterly Inc. its 11th annual general meeting. Rep. 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Olympic Room the hotel, 703-920-3230 New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 3 Senate Committees Future Listings Agriculture, Nutrition & June 8, 9, 10,15 (open) lation, environment, health, narcotics Tim Wirth Agenda: counselor, Department of State May 11 Guard and Reserve issues Agenda: Forestry May 12 Tactical aircraft programs June 15 Public witnesses May 13 Manpower and personnel issues 224-2035 May 18 Classified programs May 19 Stand-off weapons programs AGRICULTURE NOMINATIONS May 20 Research and development infrastructure FY94 LABOR, HHS APPROPS May 25 Intelligence programs Labor, Health and Human Services and Senate Agriculture, Nutrition and Forestry May 26 Space and command and control issues Education Subcommittee (Chairman Harkin, Committee (Chairman Leahy, D-Vt.) will hold May 27 Defense conversion and the nation's indus- D-Iowa) of Senate Appropriations Committee a confirmation hearing on pending trial base will hold hearings on FY94 appropriations for nominations. June 8 outside witnesses programs under its jurisdiction. 2:30pm SR-332 Russell Bldg. May 11 June 9 NATO and peacekeeping activities 9:30am SD-192 Dirksen Bldg. May 7 Nominations: June 10 Final review Ellen W. Haas to be assistant secretary for food and June 15 Final review (alternate date) 9:30am SD-138 Dirksen Bldg. May 12, 14, consumer services, Department of Agriculture; 19 Eugene Moos to be undersecretary for interna- 1:30pm SD-192 Dirksen Bldg. May 24 tional affairs and commodity programs, depart- FY94 D.C. APPROPS 9:30am SD-116 Dirksen Bldg. May 26 ment of Agriculture; James Gilliland to be general 9:30am SD-192 Dirksen Bldg. June 18 counsel for department of Agriculture. Joint Hearing District of Columbia Subcommittee (Chair- 9:30am & 1:30pm SD-192 Dirksen Bldg. June 21 man Kohl, D-Wis.) of Senate Appropriations GRAIN INSPECTION SERVICE Committee and District of Columbia Sub- Agenda: May 7 Sec "Committee Meetings Scheduled Agricultural Research, Conservation, For- committee (Chairman Dixon, D-Calif.) of Today" estry and General Legislation Subcommittee House Appropriations Subcommittee will hold section for witnesses (Chairman Daschle, D-S.D.) of Senate Agricul- a joint hearing on FY94 appropriations for May 12 Department of Education ture, Nutrition and Forestry Committee will programs under its jurisdiction. May 14 Department of Health and Human Ser- 10am H-301 Capitol Bldg. May 11 vices hold an oversight hearing on the Federal Grain Note: See House Appropriations Subcommittee for May 19 Department of Labor Inspection Service. witnesses. May 24 Public Health Service 9am SR-332 Russell Bldg. May 13 May 26 National Institutes of Health June 18 Departments of Labor, Health and Human FY94 INTERIOR APPROPS Services & Education: Inspectors General June 21 Related Agencies Appropriations Interior Subcommittee (Chairman Byrd, D- W.Va.) of Senate Appropriations Committee 224-3471 will hold hearings on FY94 appropriations for FY94 D.C. APPROPS programs under its jurisdiction. District of Columbia Subcommittee (Chair- FY94 AGRICULTURE APPROPS 10am SD-116 Dirksen Bldg. May 11 man Kohl, D-Wis.) of Senate Appropriations Agriculture, Rural Development and Re- 9:30am SD-116 Dirksen Bldg. May 12 Committee will hold a hearing on FY94 appro- lated Agencies Subcommittee (Chairman 10am S-128 Capitol Bldg. May 19 priations for programs under its jurisdiction. Bumpers, D-Ark.) of Senate Appropriations 10am SD-116 Dirksen Bldg. May 25 10am SD-192 Dirksen Bldg. May 13 Committee will hold hearings on FY94 appro- 10am SD-138 Dirksen Bldg. May 26 Agenda & witnesses scheduled: priations for programs under its jurisdiction. 10am S-128 Capitol Bldg. June 8, June 15 Mayor and City Council: Sharon Pratt Kelly 10am SD-138 Dirksen Bldg. May 11, 18 Agenda: mayor; John Wilson chairman. D.C. City Coun- May 11 Bureau of Indian Affairs: Construction 2pm SD-138 Dirksen Bldg. May 20, 24 cil Management; Gaming Agenda: May 12 Fossil Energy/ Clean Coal/Energy Con- May 11 Assistant secretary, Science and Educa- servation tion; Agricultural Research Service; Cooperative FY94 TRANSPORTATION APPROPS May 19.Fish and Wildlife Service State Research Service; Extension Service May 25 Bureau of Land Management Transportation Subcommittee (Chairman May 18 Commodity Futures Trading Commission; May 26 Humanities/ Gallery of Art. Lautenberg, D-N.J.) of Senate Appropriations Food and Drug Administration; Farm Credit June 8 Secretary of the Interior Committee will hold hearings on FY94 appro- Administration June 15 Members of Congress; Secretary of Energy May 20 Undersecretary, Small Community and priations for programs under its jurisdiction. Rural Development; Farmers Home Administra- 10am SD-138 Dirksen Bldg. May 13 tion; Federal Crop Insurance Corporation; Rural (tentative) Electrification Administration; Rural Develop- FY94 FOREIGN OPS APPROPS time TBA room TBA May 20 (tentative) ment Administration Foreign Operations Subcommittee (Chair- 10am SD-138 Dirksen Bldg. May 27 May 24 Assistant secretary, Marketing and Inspec- man Leahy, D-Vt.) of Senate Appropriations Agenda: tion Services; Animal and Plant Health Inspec- Committee will hold hearings on FY94 appro- May 13 Marine safety: Coast Guard tion Service; Food Safety and Inspection Service; priations for programs under its jurisdiction. May 20 Research and development: Federal Avia- Agriculture Marketing Service 2pm SD-192 Dirksen Bldg. May 12 tion Administration 2:30pm SD-138 Dirksen Bldg. May 18, 25, May 27 Drunk driving: National Highway Traffic Safety Administration June 8 FY94 DEFENSE APPROPS 10am SD-138 Dirksen Bldg. June 15 Defense Subcommittee (Chairman Inouye, Agenda & witness scheduled: D-Hawaii) of Senate Appropriations Commit- May 12 Foreign aid and U.S. foreign policy and FY94 VA, HUD APPROPS tee will hold hearings on FY94 appropriations security interests Lynn Davis under secretary of VA, HUD and Independent Agencies Sub- for programs under its jurisdiction. State for International Security Affairs committee (Chairman Mikulski, D-Md.) of 10am SD-192 Dirksen Bldg. May 11, 12 May 18 Development assistance: goals and strate- Senate Appropriations Committee will hold a (open) gies for sustainable development Brian Atwood hearing on FY94 appropriations for programs 10am SD-116 Dirksen Bldg. May 13 (open) administrator, Agency for International Develop- under its jurisdiction. 9am S-407 Capitol Bldg. May 18 (closed) ment (This hearing was previously scheduled for 10am SD-106 Dirksen Bldg. May 13 April 20) 10am SD-192 Dirksen Bldg. May 19, 20 10am SD-192 Dirksen Bldg. May 14 May 25 Foreign aid and U.S. international eco- (open) nomic interests Joan Spero under secretary of 9am SD-138 Dirksen Bldg. May 21 9am S-407 Capitol Bldg. May 25 (closed) State for Economic Affairs 10am SD-106 Dirksen Bldg. May 27 10am SD-192 Dirksen Bldg. May 26, 27, June 8 Foreign Aid and transnational issues: popu- 10am SH-216 Hart Bldg. June 10 New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 4 Agenda: public office, and for other purposes. Senate continued May 11 Trident submarine and missile programs S 334 A bill to amend the Communications Act of May 19 Energy Department's environmental res- 1934 regarding the broadcasting of certain mate- Agenda: toration and waste management program rial regarding candidates for federal elective of- May 13 Federal Emergency Management Agency May 26 Chemical demilitarization and chemical fice, and for other purposes. May 14 Consumer Products Safety Commission: defense programs S 829 A bill to amend the Communications Act of Office of Consumer Affairs; Consumer Informa- 1934 to regulate the length and certain other tion Center; Points of Light Foundation; Court of aspects of television commercials authorized by a Veterans Appeals: National Reinvestment Cor- ROLES & MISSIONS OF political candidate. poration; Office of Science and Technology Policy THE ARMED SERVICES May 21 Public witnesses May 27 Department of Veterans Affairs Senate Armed Services Committee (Chair- U.S. COMPETITIVENESS June 10 NASA man Nunn. D-Ga.) will hold a hearing on the GLOBAL MARKETPLACE report from the chairman of the Joint Chiefs of Staff on the roles and missions of the United Foreign Commerce and Tourism Sub- committee (Chairman Kerry, D-Mass.) of Sen- FY94 TRANSPORTATION APPROPS States' armed forces. ate Commerce, Science and Transportation Field Hearing 2:30PM SH-216 Hart Bldg. May 12 Committee will hold a hearing on U.S. competi- Transportation Subcommittee (Chairman tiveness in a global marketplace. Lautenberg, D-N.J.) of Senate Appropriations FY94 DEFENSE AUTHORIZATION 10am SR-253 Russell Bldg. May 18 Committee will hold a hearing on FY94 appro- Note: This hearing was originally scheduled for priations for transportation research and Defense Technology, Acquisition and In- May6 development, technology export and the Fed- dustrial Base Subcommittee (Chairman eral Aviation Administration. Bingaman, D-N.M.) of Senate Armed Services 10am & 1pm Trenton, N.J. State House May Committee will hold hearings on the FY94 U.S. AEROSPACE INDUSTRY 17 defense authorization. Senate Commerce, Science and Transporta- Agenda: 2:30pm SR-222 Russell Bldg. May 13 tion Committee (Chairman Hollings, D-S.C.) Research and development; Technology Export; 9:30am SR-222 Russell Bldg. May 18 will hold a hearing on the competitiveness of Federal Aviation Administration Agenda: the U.S. aerospace industry and on legislation May 13 State of the national defense industrial and that would encourage cooperative research and technology bases May 18 State of the national defense industrial and development ventures between the U.S. airline SUBCOMMITTEE MARKUP: FY94 DEFENSE APPROPS technology bases, and the administration's plans industry and the federal government. Defense Subcommittee (Chairman Inouye, for FY94 10am SR-253 Russell Bldg. May 19 Agenda: D-Hawaii) of Senate Appropriations Commit- S 419 A bill to provide for enhanced cooperation tee will meet to mark up the FY94 defense FY94 DEFENSE AUTHORIZATION between the federal government and the U.S. appropriations bill. Senate Armed Services Committee (Chair- commercial aircraft industry in aeronautical tech- Time and room TBA July 20 nology research. development, and commercial- man Nunn, D-Ga.) will continue hearings on ization, and for other purposes. the FY94 defense authorization. Note: This hearing was originally scheduled for 2pm SH-216 Hart Bldg. May 19 April 21. Armed Services date TBA 224-3871 FY94 DEFENSE AUTHORIZATION Energy & Natural HOMOSEXUALS IN THE MILITARY Force Requirements and Personnel Sub- Field Hearing committee (Chairman Shelby, D-Ala.) will con- Resources Senate Armed Services Committee (Chair- tinue hearings on the FY94 defense man Nunn, D-Ga.) will continue hearings on authorization. 224-4971 President Clinton's intention to issue an execu- 9am SH-216 Hart Bldg. May 19 tive order that would end the current policy Agenda: ENERGY NOMINATIONS that prohibits homosexuals from serving in the Personnel compensation and benefits programs of Senate Energy and Natural Resources armed forces of the United States. the military services Committee (Chairman Johnston, D-La.) will Time TBA site, TBA Norfolk Naval Base, hold a confirmation hearing on pending Va. May 10 nominations. Time TBA TBA (another military base) Commerce, Science & 9:30am SD-366 Dirksen Bldg. May 11 May 17 Nominations: James Hoecker, William Massey, Donald Santa to Transportation be members of the Federal Energy Regulatory Commission HOMOSEXUALS IN THE MILITARY 224-5115 Senate Armed Services Committee (Chair- man Nunn. D-Ga.) will continue hearings on COAST GUARD REAUTHORIZATION FULL COMMITTEE BUSINESS President Clinton's intention to issue an execu- Senate Commerce. Science and Transporta- Senate Energy and Natural Resources tive order that would end the current policy tion Committee (Chairman Hollings, D-S.C.) Committee (Chairman Johnston, D-La.) will that prohibits homosexuals from serving in the will hold a hearing on reauthorizing the Coast mark up pending legislation. armed forces of the United States. Guard. 9:30am SD-366 Dirksen Bldg. May 12, 19, 9:30am SR-222 Russell Bldg. May 7 10am SR-253 Russell Bldg. May 12 26 time TBA room TBA May 11 Witnesses scheduled: May 7 Members of the Senate CAMPAIGN ADVERTISING CONSERVATION FUND Communications Subcommittee (Chairman REAUTHORIZATION FY94 DEFENSE AUTHORIZATION Inouye, D-Hawaii) of Senate Commerce, Sci- Senate Energy and Natural Resources Nuclear Deterrence. Arms Control and De- ence and Transportation Committee will hold a Committee (Chairman Johnston, D-La.) will fense Intelligence Subcommittee (Chairman hearing on legislation that would regulate the hold a hearing on legislation that would re- Exon. D-Neb.) of Senate Armed Services Com- purchase of advertising by candidates for pub- authorize the 1965 Land and Water Conserva- mittee will hold hearings on the FY94 defense lic office. tion Fund Act. authorization. 2pm SR-253 Russell Bldg. May 13 9:30am SD-366 Dirksen Bldg. May 18 2:30pm SR-222 Russell Bldg. May 11 Agenda: Agenda: S329 A bill to amend section 315 of the Communi- S 721 A bill to amend the Land and Water 9:30am SR-232A Russell Bldg. May 19 cations Act of 1934 with respect. to the purchase Conservation Fund Act of 1965, and for other 9:30am SR-222 Russell Bldg. May 26 and use of broadcasting time by candidates for purposes. New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 5 Senate continued Governmental RESTRUCTURING FEMA The full committee (Chairman Glenn, D- CHANGING UTILITIES LAW Affairs Ohio) will hold a hearing on proposals to Senate Energy and Natural Resources restructure the Federal Emergency Manage- Committee (Chairman Johnston, D-La.) will 224-4751 ment Agency (FEMA). hold a hearing on legislation that would trans- 9:30am SD-342 Dirksen Bldg. date TBA FULL COMMITTEE MARKUP fer regulatory authority for multistate electric Witnesses scheduled: Rep. Weldon. R-Pa.: Charles Senate Governmental Affairs Committee utility hold company systems from the Securi- Bowsher Comptroller General; James Lee Witt (Chairman Glenn. D-Ohio) will mark up pend- director. Federal Emergency Management ties and Exchange Commission to the Federal ing legislation. Agency: Robert Sheets director, National Hurri- Energy Regulatory Commission. 10am SD-342 Dirksen Bldg. May 11, 25 cane Center; R. Scott Foster president, National 9:30am SD-366 Dirksen Bldg. May 25 Agenda: Academy of Public Administration; Dale Shipley Agenda: May 11 deputy director, Ohio Emergency Management S 544 A bill to amend the Federal Power Act to S 185 A bill to amend title 5. U.S. Code, to restore Agency and former president, National Emer- protect consumers of multistate utility systems, to federal civilian employees their right to partici- gency Managers Association; Richard Sylves and for other purposes. pate voluntarily, as private citizens, in the politi- professor of political science, University of Dela- Note: The Committee will also hear testimony on cal processes of the nation, to protect such em- ware an amendment to S 544 which would transfer ployees from improper political solicitations, and Note: This hearing was originally scheduled for responsibility for administering public utilities for other purposes (tentative) April 29. from the Securities and Exchange Commission to May 25 the Federal Energy Regulatory Commission. To be announced Note: This markup was originally scheduled for MEASURING GOVERNMENT April 29. PERFORMANCE INSULAR AFFAIRS Senate Governmental Affairs Committee Senate Energy and Natural Resources (Chairman Glenn, D-Ohio) will hold a hearing Committee (Chairman Johnston, D-La.) will NUCLEAR COST-EFFECTIVENESS on proposals to measure performance in federal hold a hearing on legislation) that would make Senate Governmental Affairs Committee programs. it easier for the secretary of the Interior to (Chairman Glenn, D-Ohio) will hold a hearing 9:30am SD-342 Dirksen Bldg. date TBA develop federal policies relating to territories on a General Accounting Office (GAO) report Note: This hearing was originally scheduled for under the jurisdiction of the Interior Depart- on the cost-effectiveness of U.S. strategic nu- February 2. ment. clear forces in the air, on land and on the sea time TBA SD-366 Dirksen Bldg. date TBA (known as the nuclear Triad). Agenda: 9:30am SD-342 Dirksen Bldg. May 13 PAPERWORK REDUCTION ACT S 447 A bill to facilitate the development of federal Note: This hearing had been scheduled for April 20. Senate Governmental Affairs Committee policies with respect to those territories under the (Chairman Glenn, D-Ohio) will hold a hearing jurisdiction of the secretary of the Interior. Note: This hearing was originally scheduled for on the reauthorization of the Paperwork Re- INDEPENDENT COUNSEL March 30. duction Act of 1980. REAUTHORIZATION 9:30am SD-342 Dirksen Bldg. date TBA Senate Governmental Affairs Committee Note: This hearing was originally scheduled for KAHO'OLAWE ISLAND (Chairman Glenn, D-Ohio) will hold a hearing March 11. Mineral Resources Development and Pro- on pending legislation. duction Subcommittee (Chairman Akaka, D. 9:30am SD-342 Dirksen Bldg. May 14 Agenda: SDI REVIEW Hawaii) of Senate Energy and Natural Re- S 24 A bill to reauthorize the independent counsel Senate Governmental Affairs Committee sources Committee will hold a hearing on the law for an additional 5 years, and for other Kaho'olawe Island Conveyance Commission (Chairman Glenn, D-Ohio) will hold a hearing purposes. report. The Commission was charged in 1990 to review the Strategic Defense Initiative (SDI) with studying how to transfer ownership of the program. Kaho'olawe Island, located in Hawaii, to the 9:30am SD-342 Dirksen Bldg. date TBA FEDERAL EMPLOYEE FAIRNESS Note: This hearing was originally scheduled for state of Hawaii. Kaho'olawe Island is currently Senate Governmental Affairs Committee April 20 owned by the federal government and has been (Chairman Glenn, D-Ohio) will hold a hearing used in the past for target bombing practice by on pending federal employee legislation. the military. 9:30am SD-342 Dirksen Bldg. May 26 BUDGETING FOR time TBA SD-366 Dirksen Bldg. date TBA Agenda: ENVIRONMENTAL PROBLEMS S 404 A bill to amend title VII of the Civil Rights Senate Governmental Affairs Committee of 1964 and the Age Discrimination in Employ- ment Act of 1967 to improve the effectiveness of (Chairman Glenn, D-Ohio) will hold a hearing Environment & administrative review of employment discrimina- on the level of funding provided for environ- tion claims made by federal employees, and for mental programs in the federal budget, with a Public Works other purposes. particular focus on the Interior Dept. Time TBA SD-342 Dirksen Bldg. date TBA Note: This hearing had been scheduled for April 27. 224-6176 INSURANCE COMPANIES FY94 EPA BUDGET AND MEDICARE Senate Environment and Public Works Senate Governmental Affairs Committee Committee (Chairman Baucus, D-Mont.) will (Chairman Glenn. D-Ohio) will hold a hearing Indian Affairs hold a hearing on the proposed FY94 budget on whether the share of Medicare costs paid by for the Environmental Protection Agency 224-2251 insurance companies is appropriate. (EPA). 9:30am SD-342 Dirksen Bldg. date TBA SD-406 Dirksen Bldg. May 11 Note: This hearing was originally scheduled for INDIAN RELIGIOUS FREEDOM February 18. Field Hearing Senate Indian Affairs Committee (Chair- ENVIRONMENTAL PROTECTION man Inouye, D-Hawaii) will hold a field hearing EFFORTS GREAT LAKES DREDGING on the American Indian Religious Freedom Senate Environment and Public Works Senate Governmental Affairs Committee Act. Committee (Chairman Baucus, D-Mont.) will (Chairman Glenn, D-Ohio) will hold a hearing 8am Honolulu. Hawaii May 8 hold a hearing on future environmental protec- on dredging of the Great Lakes and its impact tion efforts, focusing on recycling technologies. on the environment. time TBA SD-458 Dirksen Bldg. date TBA time TBA room TBA date TBA INDIAN SELF-DETERMINATION Note: This hearing was originally scheduled for Note: This hearing was originally scheduled for Senate Indian Affairs Committee (Chair- April 21: March 31. man Inouye. D-Hawaii) will hold a hearing on New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 6 Senate continued. Veterans' Affairs veterans' reemployment rights. 10am SR-418 Russell Bldg. May 13 proposed regulations to implement the 1988 224-9126 Agenda: amendments to the Indian Self Determination S To clarify veterans' reemployment rights. and Education Assistance Act. VA NOMINATIONS 9:30am SR-485 Russell Bldg. May 14 Senate Veterans' Affairs Committee (Chairman Rockefeller, D-W.Va.) will hold a VA NOMINATIONS confirmation hearing on pending Department Senate Veterans' Affairs Committee of Veterans Affairs (VA) nominations. (Chairman Rockefeller, D-W.Va.) will vote on Judiciary 10:30am SR-418 Russell Bldg. May 12 pending Department of Veterans Affairs' (VA) Agenda: nominations and consider other business. 224-5225 Edward Scott to be assistant secretary of Veterans 10am SR-418 Russell Bldg. May 19 Affairs for Congressional Affairs; Mark Catlett to MANVILLE BANKRUPTCY be assistant secretary of Veterans Affairs for TRUST OVERSIGHT Financial and Information Resources Manage- THE VA'S ROLE IN Courts and Administrative Practice Sub- ment; Mary Lou Keener to be general counsel. LONG-TERM CARE committee (Chairman Heflin, D-Ala.) of Sen- Department of Veterans Affairs; Jerry Bowen to Senate Veterans' Affairs Committee be director. National Cemetery System, Depart- ate Judiciary Committee will hold an oversight ment of Veterans Affairs (Chairman Rockefeller, D-W.Va.) will hold a hearing on the bankrupt Manville company hearing on the role of the Department of trust, which was established to fulfill the com- Veterans Affairs (VA) in improving the na- pany's legal obligations to asbestos victims. VETERANS REEMPLOYMENT tion's geriatrics and long-term care. 2pm SD-226 Dirksen Bldg. May 12 Senate Veterans' Affairs Committee time: see note SR-418 Russell Bldg. May 19 Note: This hearing was originally scheduled for (Chairman Rockefeller, D-W.Va.) will hold a Note: This hearing follows the meeting to vote on April 30. hearing on draft legislation that would clarify pending nominations. TERRORISM & IMMIGRATION POLICY Immigration and Refugee Affairs Sub- committee (Chairman Kennedy, D-Mass.) of House Committees Future Listings Senate Judiciary Committee will hold a hearing on legislation to improve the procudures used to exclude aliens seeking to enter the U.S. Institute: National Cancer Institute; National though fraud and, in the wake of the Twin Towers bombing, oversight on why U.S. immi- Appropriations Institute of Allergy and Infectious Diseases May 12 9:30am: Secretary of Health and Human gration law allows the granting of asylum to 225-2771 Services possible terrorists. 2pm: Public Health Service Overview 10am SD-226 Dirksen Bldg. May 28 FY94 INTERIOR APPROPS May 13 10am: National Institutes of Health Over- view Agenda: Interior Subcommittee (Chairman Yates, S 667 A bill to amend the Immigration and 2pm: Administration on Children and Families D-III.) of House Appropriations Committee Nationality Act to improve procedures for the will hold hearings on FY94 appropriations for exclusion of aliens seeking to enter the United programs under its jurisdiction. States by fraud. FY94 COMMERCE, JUSTICE,STATE 10am B-308 Rayburn Bldg. May 7 APPROPS 10am & 1:30pm B-308 Rayburn Bldg. May Commerce, Justice, State and Judiciary 10, 11 Subcommittee (Chairman Smith, D-Iowa) of Rules & 9:30am & 1:30pm 2360 Rayburn Bldg. May House Appropriations Committee will hold 12 hearings on FY94 appropriations for programs Administration 10am B-308 Rayburn Bldg. May 13 under its jurisdiction. Agenda & witness scheduled: May 7 Bureau of Land Management: Carson Culp 9am H-310 Capitol Bldg. May 7 224-6352 acting director 10am & 2pm H-310 Capitol Bldg. May 11, PACKWOOD ELECTION Agenda: 12 Senate Rules and Administration Commit- May 10 National Endowment for the Humanities 10am H-310 Capitol Bldg. May 13 tee (Chairman Ford, D-Ky.) will hold a hearing May 11 Members of Congress Agenda & witnesses scheduled: on petitions filed in Oregon disputing the May 12 Arts/Humanities/Institute of Museum May 7 Public Witnesses Services Outside Witnesses May 11 10am: Department of State: Acquisition validity of the 1992 election of Senator Bob May 13 Members of Congress and Maintenance of Buildings Abroad Packwood, R-Ore. 2pm: Public Witnesses 2pm SR-301 Russell Bldg. May 10 May 12 Public Witnesses FY94 LABOR, HHS,EDUCATION May 13 Public Witnesses APPROPS FULL COMMITTEE MARKUP Labor, Health and Human Services, and Senate Rules and Administration Commit- Education Subcommittee (Chairman Natcher, FY94 DEFENSE APPROPS tee (Chairman Ford, D-Ky.) will meet to mark D-Ky.) of House Appropriations Committee Defense Subcommittee (Chairman Murtha, up pending legislation. will hold hearings on FY94 appropriations for D-Pa.) of House Appropriations Committee 9:30am SR-301 Russell Bldg. May 20 programs under its jurisdiction. will continue hearings on FY94 appropriations Agenda: 10am 2358 Rayburn Bldg. May 7 for programs under its jurisdiction. S 345 A bill to authorize the Library of Congress to 2pm 2358 Rayburn Bldg. May 10 10am H-140 Capitol Bldg. May 11 (closed) provide certain information products and ser- 10am & 2pm 2358 Rayburn Bldg. May 11 1:30pm H-140 Capitol Bldg. May 11 (open) vices. S Draft legislation authorizing the FY94 appro- 9:30am & 2pm 2358 Rayburn Bldg. May 12 10:30am & 2:30pm H-140 Capitol Bldg. May priations for the Federal Election Commission 10am & 2pm 2358 Rayburn Bldg. May 13 12 (closed) S 27 A bill to authorize the Alpha Phi Alpha Agenda & witnesses scheduled: 10am H-140 Capitol Bldg. May 13 (closed) Fraternity to establish a memorial to Martin May 7 10am: Vocational and Adult Education: 1:30pm 2360 Rayburn Bldg. May 13 (open) Luther King, Jr., in the District of Columbia. Ricky Takai acting assistant secretary of Educa- time TBA room TBA date TBA S 277 A bill to authorize the establishment of the tion; Special Education and Rehabilitation Ser- Agenda: National African American Museum within the vices: William Smith . acting assistant secretary May 11 10am: Command, control, communications Smithsonian Institution. of Education and intelligence programs S 685 A bill to authorize appropriations for the May 10 Special Institutions for the Disabled; 1:30pm: Defense Department Space and Related American Folklilfe Center for fiscal years 1994, Howard University Programs 1995, 1996, and 1997. May 11 10am: National Heart. Lung and Blood May 12 10am: Army procurement program New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 7 House continued may close) Note: This hearing was previously scheduled for May 6. 2:30pm: Operations and maintenance overview date TBA May 13 10am: Special programs Agenda: 1:30pm: Defense Department hudget overview May 10 Nuclear weapons requirements and com- Les Aspin secretary of Defense plex reconfiguration FY94 DEFENSE AUTHORIZATION date TBA Commander-in-chief, U.S. Special Oper- Military Installations and Facilities Sub- ations Command: Army procurement programs; committee (Chairman McCurdy, D-Okla.) will intelligence programs FY94 DEFENSE AUTHORIZATION hold hearings on the fiscal 1994 defense Military Forces and Personnel Subcommit- authorization. tee (Chairman Skelton, D-Mo.) of House 10am 2337 Rayburn Bldg. May 13 FY94 D.C. APPROPS Armed Services Committee will hold hearings Agenda: Joint Hearing on the fiscal 1994 defense authorization. Environmental issues related to military construc- District of Columbia Subcommittee (Chair- tion 2pm 2212 Rayburn Bldg. May 10 man Dixon, D-Calif.) of House Appropriations 9:30am 2337 Rayburn Bldg. May 11 Committee and District of Columbia Sub- 1 am 2216 Rayburn Bldg. May 12 committee (Chairman Kohl, D-Wis.) of Senate FY94 DEFENSE AUTHORIZATION 9:30am 2216 Rayburn Bldg. May 13 Appropriations Committee will hold a joint Oversight and Investigations Subcommit- Agenda & witnesses scheduled: hearing on FY94 appropriations for programs May 10 Defense medical budget tee (Chairman Sisisky, D-Va.) of House Armed under its jurisdiction. Rep. Congressional Budget Office, TBA; Rep. Gen- Services Committee will hold a hearing on the 10am H-301 Capitol Bldg. May 11 eral Accounting Office, TBA; Rep. RAND Corp., FY94 defense authorization. Agenda & witnesses scheduled: TBA 2pm 2337 Rayburn Bldg. May 13 Rep. Hoyer, D-Md.; Rev. William L. George, Rev. Agenda: Agenda: Harold C. Bradley, Rev. T. Byron Collins May 11 10am: Victims' rights 2pm: Military medi- Drug interdiction and civil defense budget requests Georgetown University; Thomas N. Tippett cal budget president, Fire Fighters Association, Local 36; Joe May 12 Women in combat O'Neill president, Chief Officers Association, May 13 Chiropractors in the military and authori- D.C. Fire and Emergency Services Department; zation of chiropractors to participate in Andre Lewis chairman, Labor Committee, Fra- CHAMPUS Banking, Finance & ternal Order of Police; Sally Byington Capitol Note: This hearing was previously scheduled for Hill Restoration Society; Johanna Ferman chief May 6. Urban Affairs executive officer, D.C. Institute for Mental 225-4247 Health: Josh Williams president, Metropolitan Washington Labor Council, AFL-CIO; T. Rodney FY94 DEFENSE AUTHORIZATION Oppmann attorney for Municipal Fish Wharf Military Acquisition Subcommittee (Chair- MULTI-FAMILY DWELLINGS lessees; Stephen J. Trachtenberg president. man Dellums, D-Calif.) and Oversight and HUD OVERSIGHT George Washington University; Ann Lewin president, National Learning Center; Rosann Investigation Subcommittee (Chairman Housing and Community Development Wisman - president, Planned Parenthood of Met- Sisisky, D-Va.) of House Armed Services Com- Subcommittee (Chairman Gonzalez, D-Texas) mittee will hold a hearing on the FY94 defense of House Banking, Finance and Urban Affairs ropolitan Washington D.C. Inc.; Jim Jones authorization. Committee will hold a hearing to examine president, Greater Washington Board of Trade 10am 2118 Rayburn Bldg. May 11 findings of a recent General Accounting Office Agenda: study of the Housing and Urban Develop- FY94 TRANSPORTATION APPROPS C-17 aircraft program ment's multi-family home programs. Transportation Subcommittee (Chairman 10am 2128 Rayburn Bldg. May 12 Carr. D-Mich.) of House Appropriations Com- mittee will hold hearings on FY94 appropria- FY94 DEFENSE AUTHORIZATION tions for programs under its jurisdiction. Readiness Subcommittee (Chairman MORTGAGE SERVICES 9am 2358 Rayburn Bldg. May 7, 11, 12 Hutto, D-Fla.) of House Armed Services Com- Housing and Community Development Agenda & witness scheduled: mittee will hold hearings on the FY94 defense Subcommittee (Chairman Gonzalez, D-Texas) May 7 See "Committee Meetings Scheduled authorization. of House Banking, Finance and Urban Affairs Today" 10am 2216 Rayburn Bldg. May 11 Committee will hold a hearing on escrow issues, section for witnesses 11am 2212 Rayburn Bldg. May 12 especially recent technological changes in the Agenda: 10am & 2pm 2212 Rayburn Bldg. May 13 mortgage services industry. May 11 Federal Transit Administration; Washing- Agenda: 10am 2128 Rayburn Bldg. May 19 ton Metropolitan Area Transit Authority May 11 Depot consolidation Note: This hearing had been scheduled for May 5 May 12 Crumb rubber modified asphalt May 12 Depot consolidation May 13 Defense Department financial manage- ment and the Defense Business Operations Fund ECONOMIC DEVELOPMENT FY94 D.C. APPROPS ADMINISTRATION District of Columbia Subcommittee (Chair- Economic Growth and Credit Formation man Dixon, D-Calif.) of House Appropriations FULL COMMITTEE MARKUP: Subcommittee (Chairman Kanjorski, D-Pa.) of Committee will hold hearings on FY94 appro- DEFENSE BUDGET RECONCILIATION House Banking, Finance and Urban Affairs priations for programs under its jurisdiction. House Armed Services Committee (Chair- Committee will hold a hearing on the presi- 10am H-301 Capitol Bldg. May 12, 13 man Dellums, D-Calif.) will meet to mark up its dent's FY94 budget recommendation for the Agenda: portion of the FY94 reconciliation bill. Economic Development Administration. May 12 Mayor and Council Chairman Overview 10am 2118 Rayburn Bldg. May 12 time TBA room TBA date TBA May 13 Governmental Direction and Support Note: This hearing was originally scheduled titled "Defense Conversion" and scheduled for April 25. FY94 DEFENSE AUTHORIZATION Armed Services Military Acquisition Subcommittee (Chair- man Dellums, D-Calif.) and Research and FEDERAL HELP FOR 225-4151 Technology Subcommittee (Chairman Schroe- COMMUNITY DEVELOPMENT BANKS der, D-Colo.) will hold a hearing on the FY94 General Oversight, Investigations, and the FY94 DEFENSE AUTHORIZATION defense authorization. Resolution of Failed Financial Institutions Military Applications of Nuclear Energy 11am H-405 Capitol Bldg. May 12 (closed) Subcommittee (Chairman Flake, D-N.Y.) of Panel Subcommittee (Chairman Spratt, D. 10am 2118 Rayburn Bldg. May 13 (open) House Banking, Finance and Urban Affairs S.C.) of House Armed Services Committee will date TBA Committee will hold a series of hearings on the continue hearings on the FY94 defense Agenda: viability of expanding the Bank Enterprise Act May 12 Special access programs authorization. of 1991 to promote the growth of community May 13 Strategic and theatre missile defense 9:30am 2337 Rayburn Bldg. May 10 (open, development banks. The committee will dis- programs and policy New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 8 House continued Agenda: the administration's FY94 foreign aid request. HR 1517 A bill to extend the coverage of certain time TBA 2172 Rayburn Bldg. date TBA federal labor laws to foreign documented vessels, Witness scheduled: Warren M. Christopher - sec- cuss whether amending the Bank Enterprise and for other purposes. retary of State Act would be the most effective way to fund the Note: This hearing was originally scheduled for development of these local banking initiatives. May 4. Federal help for community development banks is a key part of the Clinton administra- Energy & tion's domestic agenda. ORGANIZING FOR INTERNATIONAL time TBA room TBA date TBA Commerce AFFAIRS IN THE 1990S International Operations Subcommittee 225-2927 (Chairman Berman, D-Calif.) of House Foreign FULL COMMITTEE MARKUP: Affairs Committee will hold a series of hearings District of BUDGET RECONCILIATION on how U.S. foreign affairs organizations House Energy and Commerce Committee should be configured in the 1990s. Columbia (Chairman Dingell, D-Mich.) will mark up Time and room TBA date TBA draft language to make changes in programs Agenda & witnesses scheduled: Organizing the 225-4457 under its jurisdiction in order to bring overall national security establishment expenditures in line wth the budget resolution Richard Holbrook Carnegie Endowment for Inter- SUBCOMMITTEE MARKUP: passed earlier by Congress. national Peace; Jan Nolan Brookings Institu- D.C. SUPREME COURT 10am 2123 Rayburn Bldg. May 11 tion; Helmut Sonnenfeldt former counselor, State Department Judiciary and Education Subcommittee Note: This hearing was originally scheduled for (Chairman Norton, D-D.C.) will mark up pend- March 30. ing legislation. TELEVISION VIOLENCE time TBA 1310A Longworth Bldg. May 18 AND CHILDREN Telecommunications and Finance Sub- committee (Chairman Markey, D-Mass.) of House Energy and Commerce Committee will Government Education & hold a hearing on television violence and its effects on children. Operations Labor 9:30am room TBA May 12 225-5051 225-4527 C-17 AIRLIFTER SUPERFUND Legislation and National Security Sub- FULL COMMITTEE MARKUP Transportation and Hazardous Materials committee (Chairman Conyers, D-Mich.) will House Education and Labor Committee Subcommittee (Chairman Swift, D-Wash.) of hold a hearing on the C-17 airlifter program. (Chairman Ford, D-Mich.) will mark up pend- House Energy and Commerce Committee will time TBA room TBA date TBA ing legislation. hold a hearing on "superfund" toxic-waste Note: This hearing was previously scheduled for 10:30am 2175 Rayburn Bldg. May 12 cleanup efforts. April 29. Agenda: time TBA room TBA May 13 HR Reconciliation recommendations pursuant Witness scheduled: to section 310 of the Congressional Budget Act Carol M. Browner administrator, Environmental H CON RES 64 Resolution setting forth the Protection Agency congressional budget for the U.S. government for Judiciary fiscal years 1994. 1995,1996, 1997, and 1998. 225-3951 CAMPAIGN FINANCE REVISION Telecommunications and Finance (Chair- TRENDS IN THE REAUTHORIZING ELEMENTARY man Markey, D-Mass.) of House Energy and U.S. PRISON POPULATION & SECONDARY EDUCATION ACT Commerce Committee will hold a hearing on Intellectual Property and Judicial Adminis- Elementary. Secondary and Vocational proposals to revise laws and regulations gov- tration Subcommittee (Chairman Hughes, D- Education Subcommittee (Chairman Kildee, erning campaign advertising and financing. N.J.) of House Judiciary Committee will hold D-Mich.) of House Education and Labor Com- time TBA room TBA date TBA an oversight hearing on present and future mittee will hold a hearing on legislation that Note: This hearing was originally scheduled for trends on the composition of the U.S. prison would reauthorize the Elementary and Second- March 18. population. ary Education Act of 1965. 10am 2237 Rayburn Bldg. May 12 10am 2175 Rayburn Bldg. May 13 Agenda: SUBCOMMITTEE MARKUP: HR 6 A bill to extend for six years the authoriza- SECURITIES LAW tions of appropriations for the programs under Telecommunications and Finance Sub- the Elementary and Secondary Education Act of committee (Chairman Markey, D-Mass.) of COMMUNITY RELATIONS 1965 and for other purposes. Witnesses scheduled: House Energy and Commerce Committee will SERVICE REAUTHORIZATION markup legislation designed to curb abuse in Civil and Constitutional Rights Sub- Augustus Hawkins former member and former Chairman, Committee on Education and Labor; the secondary market for government committee (Chairman Edwards, D-Calif.) of Barbara Taylor University of Wis.; Nicholas securities. House Judiciary Committee will hold a hearing Michelli School of Professional Studies, Mont- time TBA room TBA date TBA on the FY94 budget for the Community Rela- clair, N.J.; Albert Shanker president, American Agenda: tions Service of the Department of Justice. Federation of Teachers; Eric Cooper - Columbia HR 618 A bill to extend and revise rule-making 10am 2237 Rayburn Bldg. May 13 University Teachers College authority with respect to government securities under the federal securities laws. and for other purposes. U.S LABOR LAWS & Note: This hearing had been scheduled for April 28. FOREIGN FLAGGED VESSELS INTERSTATE GUN RUNNING Labor Standards, Occupational Health and Crime and Criminal Justice Subcommittee Safety Subcommittee (Chairman Murphy, D- Foreign Affairs (Chairman Schumer, D-N.Y.) of House Judi- Pa.) of House Education and Labor Committee ciary Committee will hold a hearing on inter- will hold a hearing on legislation that would 225-5021 state gun running. extend certain U.S. labor laws to foreign FY94 FOREIGN AID time TBA room TBA date TBA documented vessels. House Foreign Affairs Committee (Chair- Note: This hearing was originally scheduled for 10:30am 2261 Rayburn Bldg. May 13 man Hamilton, D-Ind.) will hold a hearing on March 4. New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 9 House continued SUBCOMMITTEE MARKUP: mittee (Chairman Clay, D-Mo.) will meet to GEOTHERMAL STEAM mark up pending legislation. Energy and Mineral Resources Subcommit- 9:45am 311 Cannon Bldg. May 12 Merchant Marine & tee (Chairman Lehman, D-Calif.) of House Agenda: Natural Resources Committee will mark up Budget Reconciliation recommendations Fisheries pending legislation. HR 576 A bill to amend title 39, U.S. Code. to 10am 340 Cannon Bldg. May 18 provide the authority to extend to essential civil- 225-4047 Agenda: ian personnel serving in support of military oper- HR 1137 A bill to amend the Geothermal Steam ations abroad, the same mailing privileges as are Act of 1970 (30 U.S. Code 1001-1027), and for available to members of the armed forces serving VESSEL POLLUTION other purposes. in the same area.ridor unit. Coast Guard and Navigation Subcommittee HR 588 A bill to designate the facility of the U.S. (Chairman Tauzin, D-La.) of House Merchant Postal Service located at 20 South Main in Marine and Fisheries Committee will hold a Beaver. Utah, as the "Abe Murdock United States BUREAUOFLA hearing on cruise ship pollution and Coast Post Office Building." MANAGEMENT Guard enforcement of vessel pollution preven- HR 1779 A bill to designate the facility of the U.S. tion laws. National Parks, Forests and Public Lands Postal Service located at 401 South Washington Subcommittee (Chairman Vento, D-Minn.) of 10am 1334 Longworth Bldg. May 11 Street in Chilicothe, Mo., as the "Jerry L. Litton House Natural Resources Committee will hold United States Post Office Building". a hearing-on the reauthorization of the Bureau MERCHANT MARINE of Land Management. 10am 1324 Longworth Bldg. May 18 FEDERAL EMPLOYEE LEAVE SHARING SUBCOMMITTEE MARKUP Agenda: Compensation and Employee Benefits Sub- Merchant Marine Subcommittee (Chair- HR 1603 A bill to authorize appropriations for committee (Chairman Norton, D-D.C.) of man Lipinski, D-III.) will mark up the FY94 programs, functions, and activities of the Bureau House Post Office and Civil Service Committee authorization for the Maritime Administration of Land Management for fiscal years 1994 will hold a hearing on the reauthorization of the and pending legislation. through 1997, to improve the management of 2pm 1334 Longworth Bldg. May 11 public lands, and for other purposes. Federal Employees Leave Sharing Act of 1988 (P.L. 100-566). Note: This markup was originally scheduled for May 6. 2pm 311 Cannon Bldg. May 13 FEDERAL HELIUM PROGRAM Energy and Mineral Resources Subcommit- FULL COMMITTEE MARKUP FEDERAL PHYSICIANS tee (Chairman Lehman, D-Calif.) of House The full committee (Chairman Studds, D- Natural Resources Committee will hold an COMPARABILITY ALLOWANCES Mass.) will mark up the committee's budget oversight hearing on the administration of the Compensation and Employee Benefits Sub- reconciliation plan and pending legislation. Federal Helium Program. committee (Chairman Norton, D-D.C.) of 10am 1334 Longworth Bldg. date TBA House Post Office and Civil Service Committee 10am 1324 Longworth Bldg. May 20 week of will hold a hearing on the reauthorization of the May 10 Federal Physicians Comparability Allowances Agenda: NATIONAL PARKS Act. of 1978. Budget Reconciliation Plan SUBCOMMITTEE BUSINESS 10am 311 Cannon Bldg. May 19 Note: The panel did not complete work on its National Parks, Forests and Public Lands budget reconciliation plan on May 5. Subcommittee (Chairman Vento, D-Minn.) of House Natural Resources Committee will meet MAIL FRAUD to discuss pending business. Postal Operations and Services Sub- 10am room TBA May 25 committee (Chairman Collins, D-Mich.) of Natural Resources Agenda: House Post Office and Civil Service Committee 225-2761 To be announced will hold a hearing to examine issues relating to mail fraud. 10am 304 Cannon Bldg. May 19 PUBLIC LANDS BILLS National Parks, Forests and Public Lands OVERSIGHT Subcommittee (Chairman Vento, D-Minn.) of SUBCOMMITTEE BUSINESS Oversight and Investigations Subcommit- CLINTON'S PLAN House Natural Resources Committee will hold a hearing on pending public lands legislation. tee (Chairman Miller, D-Calif.) of House Natu- AND THE FEDERAL WORKFORCE 10am 1324 Longworth Bldg. May 11 ral Resources Committee will meet to discuss Compensation and Employee Benefits Sub- Agenda: pending business. committee (Chairman Norton, D-D.C.) of HR 433 A bill to increase the size of the Big 10am 1324 Longworth Bldg. May 25 House Post Office and Civil Service Committee Thicket National Preserve in the state of Texas Agenda: will hold a hearing to review the impact of by adding the Village Creek Corridor unit, the Big To be announced President Clinton's economic recovery plan on Sandy Corridor unit, the Canyonlands unit, the the federal civilian workforce. Sabine River Blue Elbow unit, and the addition to Time TBA 311 Cannon Bldg. date TBA the Lower Neches Corridor unit. ENERGY SUBCOMMITTEE Note: This hearing was originally scheduled for S 80 A bill to increase the size of the Big Thicket BUSINESS April 28. National Preserve in the state of Texas by adding Energy and Mineral Resources Subcommit- the Village Creek Corridor Unit, the Big Sandy Corridor Unit, and the Canyonlands Unit. tee (Chairman Lehman, D-Calif.) of House HR 1347 A bill to modify the boundary of Hot Natural Resources Committee will meet to Springs National Park. discuss pending business. 10am 1324 Longworth Bldg. May 27 Public Works & Agenda: To be announced FULL COMMITTEE BUSINESS Transportation House Natural Resources Committee 225-4472 (Chairman Miller, D-Calif.) will meet to dis- cuss pending business. Post Office & ARMY CORPS OF ENGINEERS 9:45am 1324 Longworth Bldg. May 12, 19, Investigations and Oversight Subcommit- 26 Civil Service lee (Chairman Borski, D-Pa.) will continue Agenda: hearings on reorganizing the Army Corps of May 19 To be announced 225-4054 Engineers. May 26 To be announced FULL COMMITTEE MARKUP 1:30pm 2253 Rayburn Bldg. May 11 May 12 To be announced House Post Office and Civil Service Com- (tentative) New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 10 House continued Subcommittee (Chairman Valentine, D-N.C.) Agenda: of House Science, Space and Technology Com- HR To comply with budget reconciliation CLEAN WATER ACT mittee will mark up pending authorization bills instructions Water Resources and Environment Sub- for FY94. committee (Chairman Applegate, D-Ohio) of May 19 House Public Works and Transportation Com- Agenda: VA SMALL BUSINESS LOANS HR 1994 A bill to authorize appropriations for Housing and Memorial Affairs Subcommit- mittee will hold a series of hearings on reautho- environmental research, development, and dem- tee (Chairman Sangmeister, D-III.) of House rization of the Clean Water Act. onstration for fiscal years 1994. and for other Veterans' Affairs Committee will hold an over- 10am 2167 Rayburn Bldg. May 11 porposes. sight hearing on the Department of Veterans 9:30am 2167 Rayburn Bldg. May 12 FY94 authorization for National Aeronautics and Affairs' small business loan program. Space Administration (NASA) Aeronautics pro- grams (draft legislation) 9:30am 334 Cannon Bldg. May 13 AIRPORT IMPROVEMENTS Aviation Subcommittee (Chairman Ober- star, D-Minn.) of House Public Works and HUBBLE SPACE TELESCOPE VA USE OF OUTSIDE Transportation Committee will hold a hearing REPAIR MISSION MEDICAL SERVICES on legislation to reauthorize the Airport Im- Space Subcommittee (Chairman Hall, D- Oversight and Investigations Subcommit- Texas) of House Science, Space and Technol- tee (Chairman Evans, D-III.) of House Veter- provement Program. 9:30am 2167 Rayburn Bldg. May 19 ogy Committee will hold a hearing on the ans' Affairs Committee will hold an oversight planning process of the scheduled December hearing on the Department of Veterans Affairs 1993 shuttle mission to repair the Hubble (VA) use of outside services to provide patients Space Telescope. with rare medical specialists. Science, Space & time TBA 2325 Rayburn Bldg. date TBA 8:30am 334 Cannon Bldg. May 19 Note: This hearing was originally scheduled for March 16. Technology VA VOCATIONAL REHABILITATION PROGRAM 225-6371 Education, Training and Employment Sub- ELECTRIC VEHICLES Energy Subcommittee (Chairman Lloyd, D- Small Business committee (Chairman Montgomery, D-Miss.) of House Veterans' Affairs Committee will hold Tenn:) of House Science, Space and Technol- 225-5821 an oversight hearing on the Department of ogy Committee will hold a hearing on the status Veterans Affairs' (VA) vocational rehabilita- of electric vehicle developments in the U.S. CLINTON ADMINISTRATION tion program. The hearing will focus on vehicle technologies. AND SMALL BUSINESS 9:30am 334 Cannon Bldg. May 20 vehicle components and efforts:to develop the House Small Business Committee (Chair- infrastructure systems necessary to support man LaFalce, D-N.Y.) will hold a hearing on electric vehicles. the Clinton administration's general economic 1:30pm 2325 Rayburn Bldg. May 11 policy and its impact on small businesses. Ways & Means 10am 2359 Rayburn Bldg. May 11 Witnesses scheduled: 225-3625 HIGH PERFORMANCE COMPUTING Laura D'Andrea Tyson chair, Council on Eco- FULL COMMITTEE MARKUP: Science Subcommittee (Chairman Boucher, nomic Advisors RECONCILIATION D-Va.) of House Science, Space and Technol- House Ways and Means Committee (Chair- ogy Committee will hold hearings on legislation that would promote development of applica- REGIONAL BUSINESS CONCERNS man Rostenkowski, D-III.) will mark up draft House Small Business Committee (Chair- proposals making reductions in programs un- tions of research on high-performance comput- ing and high-speed computer networking. man LaFalce, D-N.Y.) will hold a "roundtable" der the committee's jurisdiction in order to 9am 2318 Rayburn Bldg. May 11 discussion with a number of small business bring overall expenditures in line with the Agenda: owners about the difficulties facing small busi- hudget resolution passed earlier by Congress. HR 1757 A bill to provide for a coordinated federal nesses in various regions around the country. The deadline for committee action is May 14. program to accelerate development and dissemi- 9:30am 2359 Rayburn Bldg. May 12 time TBA 1100 Longworth Bldg. date TBA nation of applications of high-performance com- tentative week of May 10 puting and high-speed networking, and for other Note: The markup schedule is uncertain, it may purposes. reconvene on very short notice TECHNOLOGY INITIATIVE Witnesses scheduled: Donald Lindberg director, National Coordinating House Small Business Committee (Chair- Office for High Performance Computing and man LaFalce, D-N.Y.) will hold a hearing on FAILURE TO FILE director, National Library of Medicine; Malvin H. Clinton administration proposals to shift the INCOME TAX RETURNS Kalos director, Cornell Theory Center; Jeff Kalb emphasis on research and development from president and CEO, MasPar Computer Corpora- Oversight Subcommittee (Chairman Pickle, defense to commercial use, fund new projects in tion; Edward Masi president, Supercomputer D-Texas) of House Ways and Means Commit- manufacturing for emerging technologies and System Division, Intel Corporation; Represen- tee will hold a hearing on taxpayers who fail to establish technology extension service centers. tative TBA Computing Research Association; file federal tax returns. Representative TBA Grand Challenge Consortia 10:30am 2359 Rayburn Bldg. May 13 time TBA room TBA date TBA Witnesses scheduled: John H. Gibbons assitant to the President, Science Note: This hearing was originally scheduled for April 15. and Technology ENERGY EFFICIENCY AND RENEWABLES Energy Subcommittee (Chairman Lloyd, D- INTEGRATION OF CORPORATE Tenn.) of House Science, Space and Technol- Veterans' Affairs & INDIVIDUAL TAX SYSTEMS ogy Committee will hold a hearing on energy Select Revenue Measures Subcommittee efficiency and renewable energy technologies, 225-3527 (Chairman Rangel, D-N.Y.) of House Ways and the role of the Department of Energy in and Means Committee will hold a hearing on expediting these technologies. FULL COMMITTEE MARKUP: issues related to the integration of the corpo- 1:30pm 2318 Rayburn Bldg. May 13 BUDGET RECONCILIATION rate and individual tax systems. House Veterans' Affairs Committee (Chair- Time TBA room TBA date TBA man Montgomery, D-Miss.) will mark up draft SUBCOMMITTEE MARKUP: legislation to comply with budget reconcilia- FY94 AUTHORIZATIONS tion instructions. LIMITED LIABILITY COMPANIES Technology, Environment and Aviation 9am 334 Cannon Bldg. May 11 Select Revenue Measures Subcommittee New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 11 House continued VALUE-ADDED TAX Other continued. Select Revenue Measures Subcommittee (Chairman Rangel, D-N.Y.) of House Ways (Chairman Rangel, D-N.Y.) of House Ways and Means Committee will hold a hearing on and Means Committee will hold hearings on the Western Senate Coalition (Sens. DeCon- how current tax laws apply to limited liability issues relating to a value-added tax (VAT). The cini, D-Ariz., Hatch, R-Utah, Reid, D-Nev. and companies. Limited liability companies are first session will focus on effects of a VAT on Stevens, R-Alaska) will hold a news briefing to entities that have recently been allowed under working Americans. The second hearing will discuss their view that public lands in the West many state laws. They are businesses that look at the international trade implications of a should remain open to multiple uses. appear to enjoy the corporate benefit of limited VAT. 10:30am EF-100 Capitol Bldg. May 10 liability for their owners under state law as well Time TBA room TBA date TBA Contact: Peter Soh at 202-828-8889 as the favorable pass-through tax treatment Note: The second hearing will be a joint hearing reserved for partnerships under federal income with the Trade Subcommittee. tax law. BANKRUPTCY ISSUES time TBA room TBA date TBA American Bankruptcy Institute will spon- sor a conference on the economic impact of bankruptcy. 10am to 2:30pm J.W. Marriott Hotel May 10 Joint Committees Future Listings Contact: 202-543-1234 Note: There is a $50 charge for this event (which includes lunch), for reservations call the number listed above. 10am SC-5 Capitol Bldg. May 27 Joint Organization Witnesses scheduled: U.S. TRADE POLICY May 11 of Congress 2pm: committee chairman and ranking Republican Economic Strategy Institute and the Pacific TBA Basin Economic Council will sponsor a lun- 226-0650 cheon meeting to hear Rep. Richard A. Gep- hardt, D-Mo., discuss U.S. Trade Policy At the CONGRESSIONAL REORGANIZATION Crossroads. Joint Organization of Congress Committee Joint Printing noon Hotel Washington, 15th St. and Penn- (Chairman Boren, D-Okla.) will continue hear- sylvania Ave. N.W. May 11 224-5241 Contact: Karen Golembski at 202-728-0993 ings on proposals to revise and reorganize the Note: There is a $40 charge for this event. For operations of Congress. GPO OVERSIGHT reservations call the lumber listed above or send a 2pm HC-5 Capitol Bldg. May 11 Joint Printing Committee (Chairman Ford, check, made payable to Economic Strategy Insti- 10am SC-5 Capitol Bldg. May 13 D-Ky.) will hold a hearing on the congressional tute, to: 2pm HC-5 Capitol Bldg. May 18 printing and other activities of the Government Economic Strategy Institute 10am SC-5 Capitol Bldg. May 20 1100 Connecticut Ave. N.W. Printing Office (GPO). 2pm HC-5 Capitol Bldg. May 25 Suite 1300 9:30am SR-301 Russell Bldg. May 11 Washington, D.C. 20036 Deadline is May 7 Conference Committees Listings HEALTH-CARE QUALITY MEASUREMENT Johns Hopkins University School of Hy- giene and Public Health and GLAXO will NIH REAUTHORIZATION sponsor a congressional and press briefing on Calif.; and Bliley, R-Va. Conferees will meet on legislation revising measuring outcomes and quality of care. As additional conferees from the Commit- and expanding programs of the National Insti- noon SH-902 Hart Bldg. May 11 tee on Education tutes of Health. Contact: Pam Jackson at 202-544-1880 & Labor, for consideration of section 2013 of time TBA room TBA date TBA Note: There is no charge for this event, but reserva- the Senate bill, and modifications committed tions are required. Call the number listed above Senate Conferees: Kennedy, Simon, Metz- to conference: Ford, D-Mich., Martinez, D- for more information, Deadline for reservations is enhaum, Kassebaum, Jeffords Calif. and Goodling, R-Pa. May 7 House Conferees: As additional conferees from the Commit- From the Committee on Energy & Com- tee on the Judiciary, for consideration of sec- merce, for consideration of the Senate bill, and tion 2011 of the Senate bill, and modifications MISSILE DEFENSE ISSUES the House amendment, and modifications com- committed to conference: Brooks, D-Texas; Institute for Foreign Policy Analysis will mitted to conference: Dingell, D-Mich.; Wax- Mazzoli, D-Ky.; and McCollum, R-Fla. sponsor a series of breakfast seminars on mis- man. D-Calif.; Wyden, D-Ore.; Moorhead, R- sile defense issues. 8am to 9am Capitol Hill Club May 11, 13, June 10,15, 17, July 15 Contact: Peter Huessy at 202-463-7942 Other Events Agenda & witnesses scheduled: May 11 The Promise of Missile Defense Technol- ogy Options for the U.S. Industry representatives May 13 Proliferation of Weapons of Mass Destruc- Robert Healy. Only events related to Congress tion and the U.S. Response The Monitor has received notice of the can be listed. Deadline is noon two days before Dan Poneman National Security Council following events scheduled to take place in the date of issue (i.e. Monday noon for Wednes- June 10 The Threat, Current Capabilities and Washington. Associations, non-profit organiza- day issue). The editors reserve the right to edit emerging Missile Defense Possibilities tions and public interest groups who wish to or reject any submission. For further informa- Rep. Jon Kyl, R-Ariz. have events listed in the section should send June 15 The Role of the U.S. Air Force in Missile tion call 202-887-8686. pertinent information to: The Congressional Defense Policy Gen Merrill McPeak Monitor, Other Events Editor, 1414 22nd St. June 17 Can a Congressional Consensus on Missile N.W., Washington, D.C. 20037. Notices must WESTERN PUBLIC LANDS Defense Policy be Forged include a telephone number. Notices may be USE POLICY Rep. Dave McCurdy, D-Okla. transmitted by facsimile to 202-728-1862, attn: Western States Public Lands Coalition and July 15 New Directons in Missile Defense Policy New listing Revised listing Congressional Monitor Friday, May 7, 1993 Listings 12 Other continued a panel discussion for congressional staff mem- Note: There is a charge for this event of $525 for bers and other interested persons on bank- business and $425 for educators/non- Sen. Sam Nunn, D-Ga. ruptcy act amendments (S 540) and on other profit/government. For information and reserva- pending legislation. tions call the number listed above. date TBA The Polities of Missile Defense Sen. Trent Lott, R-Miss. 10am to noon S-207 Capitol Bldg. May 17 date TBA Senate Perspectives on Missile Defense Contact: Laura Hamm at 202-962-7360 Sen. James Exon, D-Neb. PUBLIC POLICY LEADERSHIP date TBA Post Cold War Defense Policy: The Role TRAINING FOR WOMEN of Missile Defense ENVIRONMENTAL PROTECTION Women in Government Relations Institute Vice President Al Gore AT HOME will sponsor a five-month public policy training date TBA Expanding the Strategic Triad The Environmental and Energy Study Confer- and professional development program for Role of Defense Sen. Robert Smith, R-N.H. ence will sponsor a series of briefings on what women. The program will stress development date TBA The Botton Up Review at DOD: New consumers can do to save energy, curb pollu- of critical thinking skills to plan a legislative Directions in Missile Defense tion and reduce exposure to environmental strategy, the practice of decision-making and John Deutch health threats. problem-solving skills as they relate to a politi- date TBA Weapons of Mass Destruction and noon EF-100 Capitol Bldg. May 17 cal issues, and ways to identify and mobilize Threats to U.S. Security: Missile Defense Pos- Contact: 202-226-3300 community resources to build constituent sup- sibilities Agenda: port, how to take risks and develop initiative Dick Cheney former secretaryof Defense Biotechnology and food safety and adapt to new situations and how to pro- date TBA Beyond Cold War Realities: New Direc- Samples of the "flavor saver" tomato will be pro- duce an action-oriented proposal to solve a tions in Missile Defense Policy vided Les Aspin secretary of Defense public policy program. Note: This series is for members of Congress and Time TBA site TBA May 31 (this is the their defense policy staff only. For information deadline for applications) and reservations call Peter Huessy at 202-463- SMALL BUSINESS & Contact: 202-347-5432 7942 THE LEGAL SYSTEM Note: The deadline for applications is May 31. National Federation of Independent Busi- ness will sponsor a meeting on small business EDUCATION, TRAINING & owners and the American legal system, focus- UNDERSTANDING CONGRESS ECONOMIC DEVELOPMENT ing on ending barriers to innovation and Congressional Quarterly will sponsor a ba- Career College Association will sponsor a competitiveness. sic-level, introductory seminar on understand- seminar on "Securing America's Future: Build- 9am National Press Club May 19 ing Congress. ing a High Skills Economy." The session will Contact: Kim Brandow at 202-554-0822 9am to 1pm 1414 22nd St. N.W. June 7 review the role that education and training will Highlights: Contact: 202-887-8620 (toll-free 1-800-432- play in developing the economy. 9am: Welcome and opening 9:30am: Is a National Product Liability Law Worth 2250, ext. 620; fax 202-728-1863) time TBA Renaissance Hotel May 11 Note: There is a $250 charge for this event. For Having? 10:15am: What's Up in the States? A Contact: Sandra Smith at 202-336-6750 reservations or information call the number listed Conversation with State Supreme Court Justices above. 11:15am: Small Business Owners and their Employ- ees TRADE POLICY IN 1993 12:30pm: Lunch Small Business Owners and Their Association of Women in International Regulators: Constitutional Trends and Prospects RESEARCH WORKSHOP ON Trade will sponsor a dinner meeting to hear a 1:45pm: Strategic Approaches to Tort and Civil CONGRESSIONAL DOCUMENTS Justice Reform discussion on United States trade policy in Congressional Quarterly will sponsor a 2:45pm: Small BUsiness Owners and Their Neigh- 1993. workshop on how to use congressional bors 6:45pm Sheraton City Centre Hotel, 1143 documents. Connecticut Ave. N.W. May 11 9am to 1pm Congressional Quarterly, 1414 Contact: Barbara Linney at 202-637-0312 22nd St. N.W. June 8 OUTLOOK FOR Note: There is a charge for this event of $35 for Contact: 202-887-8620 (toll-free 1-800-432- CLINTON'S AGENDA members and $45 for non-members. For reserva- 2250, ext. 620; fax 202-728-1863) tions call the number listed above. Congressional Quarterly and the Brookings Note: There is a $250 charge for this event. For Institution will sponsor a conference on "Be- reservations or information call one of the num- yond the First 100 Days the Outlook for bers listed above. HEALTH CARE ISSUES Clinton's Agenda. National Association of Manufacturers Will 9am to 4:30pm Washington Court Hotel, 525 sponsor a breakfast issues briefing with Ira New Jersey Ave. N.W. May 19 CONGRESS & THE Magaziner, who will discuss health-care issues. Contact: Margaret Halstead at 202-797-6299 or LEGISLATIVE PROCESS 8:30am Grand Hyatt Hotel, 1000 H St. N.W. Alka Desai at 202-797-6172. FAX: 202-797- Congressional Quarterly will sponsor a sem- May 12 6133. inar on Congress and the legislative process. Contact: Tiffany Adams at 202-637-3115 Highlights: 9am to 4pm Congressional Quarterly, 1414 9:15am: The Economic Agenda Note: There is a charge for this event of $35 for 22nd St. N.W. June 9 10:45am: National Security and Foreign Policy members and $50 for non-members. For reserva- Contact: 202-887-8620 (toll-free 1-800-432- tions send a check, made payable to NAM Issues 12:45pm: Relations Between the New Administra- 2250, ext. 620; fax 202-728-1863) tion and the New Congress Briefing Breakfast, to: Note: There is a $325 charge for this event. For 1:45pm: The Domestic Agenda: A Jump Start for NAM Issues Briefing Breakfast reservations or information call one of the num- Head Start and a New Welfare Path? 1331 Pennsylvania Ave. N.W. bers listed above. Suite 1500-North Lobby 3:15pm: Breakout sessions Energy and the Environment Attn: Bettty Williams Reservations not used must be canceled 48 hours Defense Spending Health Care Revision before the event to receive a refund. Note: There is a $450 charge for this event, which FOREST/CLIMATE RESEARCH includes lunch. UNDERSTANDING Environmental and Energy Study Institute CONGRESSIONAL BUDGETING will sponsor a briefing on new research on Congressional Quarterly will sponsor a sem- opportunities to slow deforestation and climate EDUCATION ISSUES inar on understanding congressional change. National Alliance of Businesses will hold a budgeting. 2pm SR-253 Russell Bldg. May 14 forum to discuss education issues. The meet- 9am to 1pm 1414 22nd St. N.W. June 10 Contact: Hayes McCarthy at 202-628-1400 ings will focus on advancing public/private Contact: 202-887-8620 (toll-free 1-800-432- collaborations for education reform. 2250, ext. 620; fax 202-728-1863 time TBA Loews L'Enfant Plaza Hotel May Note: There is a $250 charge for this event. For BANKRUPTCY ACT AMENDMENTS 26,27,28 reservations or information call the number listed National Bankruptcy Conference will hold Contact: Mike Puzia at 202-289-2903 above. New listing Revised listing Congressional Monitor Friday, May 7, 1993 Status Charts 1 Status of Appropriations - Fiscal 1994 Week of May 10 LABOR/HHS/EDUC House: 225-3508; Senate: 224-7283 House subcmte hearings scheduled: May 7, 10, 11, 12, 13 FULL COMMITTEE House subcmte markup scheduled: House: 225-2771; Senate: 224-3471 Senate subcmte hearings scheduled: May 7, 12, 14 LEGISLATIVE BRANCH House: 225-5338; Senate: 224-7338 AGRICULTURE House: 225-2638; Senate: 224-7240 House subcmte hearings completed: February 3 Senate subcmte hearings completed: February 26 House subcmte hearings completed: April 22 Senate subcmte hearings scheduled: May 11 MILITARY CONSTRUCTION House: 225-3047; Senate: 224-7255 COMMERCE, JUSTICE, STATE, & THE JUDICIARY House subcmte hearings completed: April 29 House: 225-3351; Senate: 224-7277 TRANSPORTATION House subcmte hearings scheduled: May 7, 11, 12, 14 House: 225-2141; Senate: 224-7245 House subcmte markup scheduled: House subcmte hearings scheduled: May 7, 11, 12 DEFENSE Senate subcmte hearings scheduled: May 13 House: 225-2847; Senate: 224-7255 TREASURY/POSTALSERVICE ... House subcmte hearings scheduled: May 11, 12, 13 House: 225-5834; Senate: 224-6280 Senate subcmte hearings scheduled: May 11, 12, 13 House subcmte hearings completed: April 29 DISTRICT OF COLUMBIA House subcmte markup scheduled: House: 225-5338; Senate: 224-7236 VA, HUD & INDEPENDENT AGENCIES House subcmte hearings scheduled: May 11, 12, 13 House: 225-3241; Senate: 224-7211 Senate subcmte hearings scheduled: May 11, 13 House subcmte hearings scheduled: May 7 ENERGY & WATER DEVELOPMENT Senate subcmte hearings scheduled: May 13 House: 225-3421; Senate: 224-7260 FOREIGN OPERATIONS FY93 SUPPLEMENTAL House: 225-2041; Senate: 224-7209 Bill No.: HR 1335 Senate subcmte hearings scheduled: May 12 House full cmte markup completed: March 9 Passed House: March 18 INTERIOR Senate full cmte markup completed: March 23 House: 225-3081; Senate: 224-7233 Passed Senate: April 21 The Senate amended HR 1335 to delete everything except funds to House subcmte hearings scheduled: May 7, 10, 11, 12, 13 pay for extended unemployment benefits. On April 22 the House Senate subcmte hearings scheduled: May 11, 12 concurred in the Senate amendment clearing the measure for the White House Congressional Monitor Friday, May 7, 1993 Status Charts 2 House Floor Action Week of May 3 Rule. H Res 163, agreed to by yea-nay vote: 253-168 Conference report considered in the House LIVINGSTON, R-La., motion to recommit Monday, May 3: the conference report to the Committtee of Conference with instructions to report it back No legislative business scheduled forthwith containing the provisions of section 13 of the Senate amendment requiring documenta- tion relating to citizenship for voter registration Tuesday, May 4: applications, rejected by yea-nay vote: 170-253 Under suspension of the rules Conference report agreed to in House by HR 995 A bill to amend title 38, U.S. Code, to improve yea-nay vote: 259-164 reemployment rights and benefits of veter- Conference Report on measure now cleared ans and other benefits of employment of for Senate action. certain members of the uniformed services, HR 820 National Competitiveness Act of 1993 and for other purposes passed by voice Rule, H Res 164, agreed to by voice vote HR 578 A bill to provide for recovery of costs of House completed all general debate on the supervision and regulation of investment ad- measure but came to no resolution thereon; visers and their activities, and for other pur- consideration of amendments will begin on poses passed by voice Thursday, May 6, 1993 HR 616 A bill to amend the Securities Exchange Act [Continued May 6] of 1934 to permit members of national se- curities exchanges to effect certain transac- tions with respect to accounts for which such Thursday, May 6: members exercise investment discretion Convenes at noon passed by voice HR 820 A bill to amend the Stevenson-Wydler Tech- HR 682 A bill to authorize the American Battle Mon- nology Act of 1980 to enhance manufacturing uments Commission to establish a memorial, in the District of Columbia or its environs, to technology development and transfer, to au- honor members of the armed forces who thorize appropriations for the Technology Administration of the Department of Com- served in World War II, and to commemorate merce, including the National Institute of the participation of the United States in that Standards and Technology, and for other war passed by voice HConRes 71 Concurrent resolution authorizing the use of purposes continue consideration the Capitol grounds for the 12th annual Na- tional Peace Officers' Memorial Service passed by voice Friday, May 7: HConRes 82 Concurrent resolution authorizing the use of No legislative business scheduled the Capitol grounds for the Greater Washing- ton Soap Box Derby passed by voice HConRes 81 Concurrent resolution authorizing the 1993 Special Olympics Torch Relay to be run through the Capital Grounds passed by voice Week of May 10 HR 1345 A bill to designate the federal building lo- cated at 280 South First Street in San Jose, Calif., as the "Robert F. Peckham United Monday, May 10: States Courthouse and the Federal Building." passed by voice Convenes at noon HR 1346 A bill to redesignate the federal building No legislative business scheduled located on St. Croix, Virgin Islands, as the "Almeric L. Christian Federal Building." passed by voice Tuesday, May 11: HR 791 A bill to name the U.S. courthouse in Benton, III, the "James L. Foreman Courthouse." Under suspension of the rules: passed by voice HR 1040 A bill to amend title 10, U.S. Code, to revise HR 1513 A bill to designate the U.S. courthouse located and standardize the provisions of law relat- at 10th and Main Streets in Richmond, Va,, as ing to appointment, promotion and separation the "Lewis F. Powell, Jr. United States Court- of commissioned officers of the reserve com- house." passed by voice ponents of the armed forces, to consolidate in HR 1303 A bill to designate the Federal Building and a new subtitle the provisions of law relating U.S. Courthouse located at 402 East State to the reserve components, and for other Street in Trenton, N.J., as the "Clarkson S. purposes begin consideration Fisher Federal Building and United States HR 1378 A bill to amend title 10, U.S. Code, with Courthouse." passed by voice respect to applicability of qualification re- quirements for certain acquisition positions in the Department of Defense begin consider- ation Wednesday, May 5: HR 194 A bill to withdraw and reserve certain public HR 2 National Voter Registration Act of 1993 lands and minerals within the state of Colo- Congressional Monitor Friday, May 7, 1993 Status Charts 3 House Floor continued Wednesday, May 12 & Thursday, May 13: Convenes at 2pm Wednesday rado for military uses, and for other purposes Convenes at 11am Thursday begin consideration HR 820 A bill to amend the Stevenson-Wydler Tech- HR 843 A bill to withdraw certain lands located in nology Act of 1980 to enhance manufacturing the Coronado National Forest from the min- technology development and transfer, to au- ing and mineral leasing laws of the United thorize appropriations for the Technology States, and for other purposes begin consider- Administration of the Department of Com- ation merce, including the National Institute of HR 240 A bill to provide for the protection of the Standards and Technology, and for other Bodie Bowl area of the state of California, purposes continue consideration and for other purposes begin consideration Friday, May 14: Senate Floor Action Week of May 3 to amend the Federal Election Campaign Act of 1971 to ban activities of political action commit- tees in federal elections, pending at recess [Continued May 5] Monday, May 3: HConRes 34 Concurrent resolution calling for a continued Not in session U.S. policy- opposition to the resumption of commercial whaling, and otherwise express- ing the sense of the Congress with respect to conserving and protecting the world's whale, Tuesday, May 4: dolphin, and porpoise populations agreed to by S 171 Department of the Environment Act of 1993 unanimous consent [Continued from April 29] Measure has now cleared both chambers. GOVERNMENTAL AFFAIRS COMMIT- S 884 A bill to make technical amendments to the TEE substitute amendment, as amended, Higher Education Act of 1965 and the Carl D. agreed to by unanimous consent, under previous Perkins Vocational and Applied Technology order Act passed by unanimous consent BOND, R-Mo., amendment no. 340, to the above GOVERNMENTAL AFFAIRS COM- MITTEE substitute amendment, to provide Wednesday, May 5: that a single federal agency shall be responsible S 349 Lobbying Disclosure Act of 1993 for making technical determinations with re- [Continued from May 4] spect to wetland or converted wetland on agri- GOVERNMENTAL AFFAIRS COMMIT- cultural lands, as amended, agreed to by voice TEE amendments pending. (Subsequently, the vote reported GOVERNMENTAL AFFAIRS COM- BAUCUS, D-Mont., substitute amendment MITTEE amendments were withdrawn) no. 341, to the above BOND, R-Mo., amend- PRESSLER, R-S.D., amendment no. 342, ment no. 340, agreed to by voice vote to amend the Federal Election Campaign Act of Earlier, the Senate failed to table the 1971 to ban activities of political action commit- BAUCUS, D-Mont., amendment no. 341, by tees in federal elections. (Pursuant to the Senate yea-nay vote: 40-54 agreement to a MITCHELL, D-Maine, unani- MITCHELL, D-Maine, unanimous consent mous-consent request that the GOVERN- request providing for further consideration of MENTAL AFFAIRS COMMITTEE amend- the bill and amendments; for a vote on adoption ments, including the PRESSLER, amendment of the above GOVERNMENTAL AFFAIRS no. 342, be laid aside and that no call for the COMMITTEE substitute amendment, to be fol- regular order with respect to these amendments lowed by the third reading and a vote on passage be in order, except one made by the majority of the bill; and that immediately upon passage leader, after consultation with the Republican of the bill, the managers' title amendment be leader; subsequently, the majority leader after agreed to, with the preceding all occurring with- consultation with the Republican leader called out any intervening action or debate, agreed to for the regular order in accordance with the by unanimous consent earlier agreement, and with the authority of the S 171, as amended, passed Senate by yea- majority of the full committee, the reported nay vote: 79-15 S 349 committee amendments were withdrawn, and Lobbying Disclosure Act of 1993 the PRESSLER, amendment no. 342, thus fell GOVERNMENTAL AFFAIRS COMMIT- MITCHELL, D-Maine, unanimous consent TEE amendment, pending at recess request that the committee amendments, in- PRESSLER, R-S.D., amendment no. 342, cluding the PRESSLER, R-S.D., amendment Congressional Monitor Friday, May 7, 1993 Status Charts 4 Senate Floor continued the majority leader in accordance with the ear- lier consent agreement; and further that there be one hour remaining on the LAUTENBERG, amendment no. 347, equally divided between no. 342, be laid aside and that no call for the STEVENS and LEVIN, with the regular order with respect to these amendments LAUTENBERG amendment no. 347 laid aside be in order, except one made by the majority to recur upon the disposition of the STEVENS leader, after consultation with the Republican amendments, if offered, to 1 p.m., whichever is leader, agreed to by unanimous consent later: that when the Senate resumes consider- LEVIN, D-Mich., and COHEN, R-Maine, ation of S 349 at 10 a.m., on Thursday, May 6, amendment no. 343, to clarify certain disclosure 1993, STEVENS, be recognized to offer one of requirements, and to make technical correc- his amendments; that except where otherwise tions, agreed to by voice vote stated, these amendments all be first-degree LEVIN, D-Mich., amendment no. 344, to amendments only; that STEVENS be permitted clarify certain disclosure requirements, and to modify his disclosure amendment after it is make technical corrections, agreed to by voice offered, providing the modification is relevant vote to the subject matter of the original amend- WELLSTONE. D-Minn., amendment no. ment; that no motions to recommit be in order, 345, to require the reporting of certain financial and when these amendments are disposed of, benefits provided by lobbyists to covered offi- the Senate proceed to third reading and final cials, as amended, agreed to by voice vote passage of the bill, without any intervening LEVIN, D-Mich. (for WELLSTONE, D- action or debate, agreed to by unanimous con- Minn.), perfecting amendment no. 346, to the sent WELLSTONE, amendment no. 345, agreed to Pursuant to the previous order relating to by voice vote the bill, the majority leader, having consulted LAUTENBERG, D-N.J., amendment no. with the Republican leader, called for the regu- 347, to express the sense of the Senate that the lar order in accordance with the earlier agree- Senate should limit the acceptance of gifts, ment, and with the authority of the majority of meals and travel by members and staff, pending the full committee, the two committee amend- at recess ments were withdrawn, and the pending MITCHELL, D-Maine, unanimous-consent PRESSLER, R-S.D., amendment no. 342. thus fell time-agreement was reached providing for fur- ther consideration of the bill, the pending [Continued May 6} LAUTENBERG, D-N.J., amendment no. 347, proposed thereto, and certain additional amend- ments to be proposed on Thursday, May 6, 1993 MITCHELL, D-Maine, unanimous-consent request that the following be the only amend- Thursday, May 6: ments remaining in order to S 349, and that they be considered under the following time S 349 A bill to provide for the disclosure of lobbying limitations, equally divided in the usual form: activities to influence the federal govern- STEVENS, R-Alaska, amendment regarding fil- ment, and for other purposes passed 95-2 ing with the House and Senate, 30 minutes; HR 2 CONFERENCE REPORT: Motor Voter began STEVENS, amendment, requiring disclosure of consideration $1,000 or more annually, 2 hours; GRAMM, R- Texas, amendment, relevant to the bill requir- ing disclosure, to which relevant second-degree amendments be in order, no time limitation; SIMON, D-III., amendment regarding lobbying of government-sponsored enterprises, 60 min- Friday, May 7: utes; LEVIN, D-Mich., and COHEN. R-Maine, Convenes at 9am amendment in lieu of the committee amend- HR 2 CONFERENCE REPORT: Motor Voter con- ments, which LEVIN will be eligible to with- tinue consideration draw upon the call for the regular order made by CQ'S COMMITTEE GUIDE Players, Politics and Turf of the The comprehensive committee reference - just $9.95! You'll use Congressional Quarterly's Committee Guide throughout the 103rd Congress, to: Brief yourself on any committee - CQ's Committee Guide provides in-depth profiles of each full committee, including jurisdiction, the chairman's style, geographic breakdown of committee members, and member roster by seniority - highlighting freshman members - for the committee and each ONM 0.00 CONGRESSIONAL of its subcommittees! QUARTERLY Players, Politics and Turf Understand committee turf battles - of Committee descriptions explain overlapping the 103rdnaress jurisdictions, and let you know which commit- tee chairmen usually get their way! 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