[Congressional Record Volume 140, Number 61 (Tuesday, May 17, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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               SAFE DRINKING WATER ACT AMENDMENTS OF 1994

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               DECONCINI (AND OTHERS) AMENDMENT NO. 1711

  Mr. DeCONCINI (for himself, Mrs. Hutchison, and Mr. McCain) proposed 
an amendment to the bill (S. 2019) to reauthorize and amend title XIV 
of the Public Health Service Act, commonly known as the Safe Drinking 
Water Act, and for other purposes; as follows:

       At the appropriate place, insert the following new section:

    SEC.   . SEWAGE TREATMENT ALONG THE UNITED STATES-MEXICO BORDER.

       (a) Definitions.--As used in this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Border state.--The term ``border State'' means each of 
     the following States:
       (A) Arizona;
       (B) California;
       (C) New Mexico; and
       (D) Texas.
       (3) Commission.--The term ``Commission'' means the 
     International Boundary and Water Commission, or a successor 
     agency of the International Boundary and Water Commission.
       (4) Commissioner.--The term ``Commissioner'' means the 
     United States Commissioner of the International Boundary and 
     Water Commission, or the head of a successor agency of the 
     International Boundary and Water Commission.
       (5) Construction.--The term ``construction'' has the 
     meaning provided the term under section 212(1) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1292(1)).
       (6) Treatment works.--The term ``treatment works'' has the 
     meaning provided the term under section 212(2) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1292(2)).
       (7) Border area.--The term ``border area'' has the meaning 
     provided the term under Article 4 of the Agreement Between 
     The United States Of America And The United Mexican States On 
     Cooperation For The Protection And Improvement Of The 
     Environment In The Border Area (signed August 14, 1983, 
     commonly known as the ``La Paz Agreement'').
       (b) Construction Assistance.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administrator is authorized to--
       (A) transfer funds--
       (i) to the Secretary of State, who shall transfer the funds 
     to the Commissioner for use by the head of the United States 
     Section of the Commission to carry out an eligible project 
     described in paragraph (2); or
       (ii) To the head of any other Federal agency to carry out 
     an eligible project described in paragraph (2); and
       (B) make a grant--
       (i) to an appropriate entity designated by the President; 
     or
       (ii) to a border State;

     to pay for the Federal share of the cost of carrying out an 
     eligible project described in paragraph (2).
       (2) Eligible project.--An eligible project described in 
     this paragraph is a project for the construction of--
       (A) a treatment works to protect the public health, 
     environment, and water quality from pollution resulting from 
     inadequacies or breakdowns in treatment works and water 
     systems from Mexican wastewater affecting United States 
     waters or water and sewage systems; and
       (B) a treatment works to provide treatment of municipal 
     sewage and industrial waste in the United States-Mexico 
     border area for treatment of high priority international 
     wastewater pollution problems; constructed under appropriate 
     standards under the laws of the United States and Mexico and 
     under applicable treaties and international agreements.
       (3) Federal share.--The Federal share of the cost of 
     carrying out an eligible project that is the subject of a 
     transfer or grant under paragraph (1) shall be 100 percent.
       (c) Authorization of Appropriations.--
       (1) Available funds.--The Administrator is authorized to 
     use such funds as made available to the Environmental 
     Protection Agency under the heading ``Water Infrastructures/
     State Revolving Funds'' under the heading ``Environmental 
     Protection Agency'' in title III of the Departments of 
     Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1994 (Public Law 
     103-124; 107 Stat. 1294), as is necessary to carry out this 
     section.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Environmental Protection Agency to 
     carry out this section such sums as may be necessary for 
     fiscal year 1995, and for each fiscal year thereafter.
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                GREGG (AND COVERDELL) AMENDMENT NO. 1712

  Mr. GREGG (for himself and Mr. Coverdell) proposed an amendment to 
the bill S. 2109, supra; as follows:

       On page 74, between lines 5 and 6, insert the following new 
     paragraph:
       ``(8) Waiver of penalties that result from unfunded federal 
     mandates.--
       ``(A) Definitions.--As used in this paragraph:
       ``(i) Funds.--The term `funds' means amounts provided by 
     the Federal Government to a political subdivision, including 
     amounts that must be repaid by the subdivision.
       ``(ii) Unfunded federal mandate.--The term `unfunded 
     Federal mandate' means a requirement that a political 
     subdivision undertake a specific activity, or provide a 
     service, in accordance with this title during a period, to 
     the extent that the Federal Government does not provide, 
     directly or indirectly, funds that are necessary to undertake 
     the activity or provide the service during the period.
       ``(B) Waiver of penalties.--The Administrator may not 
     commence a penalty assessment proceeding under this 
     subsection against a political subdivision, and any pending 
     penalty or penalty assessment or collection proceeding under 
     this subsection against a political subdivision shall be 
     waived, if the noncompliance of the subdivision that is the 
     subject of the penalty or proceeding results from an unfunded 
     Federal mandate.
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                    IMPROVING AMERICA'S SCHOOLS ACT

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                       WOFFORD AMENDMENT NO. 1713

  (Ordered to lie on the table.)
  Mr. WOFFORD submitted an amendment intended to be proposed by him to 
the bill (S. 1513) entitled ``Improving America's Schools Act of 
1993''; as follows:

       On page 261, between lines 2 and 3, insert the following:

     ``SEC. 5111. INNOVATIVE PROGRAMS.

       ``(a) In General.--From amounts reserved under section 
     5112(d) for each fiscal year, the Secretary shall award 
     grants to local education agencies described in section to 
     enable such agencies to conduct innovative programs that--
       ``(1) carry out the purpose of this part; and
       ``(2) do not involve magnet schools.
       ``(b) Applicability.--Sections 5103, 5106, 5107 and 5108, 
     and shall not apply to grants awarded under subsection (a).
       On page 261, line 4, strike ``Sec. 5111.'' and insert 
     ``Sec. 5112.''.
       One page 261, between lines 20 and 21, insert the 
     following:
       ``(d) Innovative Programs.--The Secretary shall reserve 5 
     percent of the funds appropriated under subsection (a) for 
     each fiscal year to award grants under section 5111.
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                        SAFE DRINKING WATER ACT

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               FAIRCLOTH (AND OTHERS) AMENDMENT NO. 1714

  Mr. FAIRCLOTH (for himself, Mr. Craig, Mr. Nickles, Mr. Brown, Mr. 
Smith, Mr. Grassley, Mr. Gramm, Mr. Helms, Mrs. Hutchison, Mr. Coats, 
Mr. Cohen, and Mr. Kempthorne) proposed an amendment to the bill (S. 
2019) to reauthorize and amend title XIV of the Public Health Service 
Act (commonly known as the ``Safe Drinking Water Act'') and for other 
purposes; as follows:

       Beginning on page 22, strike line 12 and all that follows 
     through page 23, line 8.
       On page 23, line 10, strike ``1478'' and insert ``1477''.
       On page 23, line 23, strike ``1479'' and insert ``1478''.
       On page 118, line 11, strike ``1479'' and insert ``1478''.
                                 ______
                                 

                       WALLOP AMENDMENT NO. 1715

  (Ordered to lie on the table.)
  Mr. WALLOP submitted an amendment intended to be proposed by him to 
the bill, S. 2019, supra; as follows:

       At the end of the bill, add the following language:

     SECTION 1.

       (a) Any rule proposed pursuant to authority under this Act 
     shall during the period after publication and before the rule 
     becomes effective be subject to review by Congress as 
     provided in section 2.
       (b) Disposal Required.--If a rule is reviewed pursuant to 
     section 2, the rule shall not take effect unless a review 
     resolution is disposed of as required under Section 2(b)(4) 
     and Section 2(b)(5).
       (c) If Congress adjourns sine die at the end of a Congress 
     prior to disposition of a Review Resolution as provided in 
     Section 2, the regulation will not become final.

     SEC. 2. CONGRESSIONAL REVIEW.

       (a) Petition of Review.--If one-fifth of either House, duly 
     chosen and sworn, sign a petition requesting congressional 
     review of a regulation described in section 1, the Congress 
     shall consider a joint resolution (referred to as a ``review 
     resolution'') as provided in subsection (b).
       (b) Congressional Consideration of Review Resolution.--
       (1) Terms of the resolution.--For the purposes of 
     subsection (a), the term ``review resolution'' means a joint 
     resolution that--
       (A) is introduced within the 2-day period beginning on the 
     date on which a petition is filed pursuant to subsection (a);
       (B) does not have a preamble;
       (C) states after the resolving clause ``That Congress 
     disapproves and repeals the regulations promulgated on XX'', 
     the blank space being filled in with the date on which the 
     regulations were promulgated and a description of the 
     regulation; and
       (D) is entitled a ``Joint resolution disapproving the 
     regulations promulgated on XX'', on the blank space being 
     filled with the date and agency.''.
       (2) Referral.--(A) A review resolution that is introduced 
     in the House of Representatives shall be referred to the 
     committee of jurisdiction.
       (B) A review resolution that is introduced in the Senate 
     shall be referred to the committee of jurisdiction.
       (3) Discharge.--If the committee to which a review 
     resolution is referred has not reported the resolution (or an 
     identical resolution) by the end of the 5-day period 
     beginning on the date on which the petition is filed, such 
     committee shall, at the end of that period, be discharged 
     from further consideration of the resolution, and the 
     resolution shall be placed on the appropriate calendar of the 
     House of Representatives or the Senate, as the case may be.
       (4) Consideration.--(A)(i) On or after the first day after 
     the date on which the committee to which a review resolution 
     is referred has reported, or has been discharged (under 
     paragraph (3)) from further consideration of, such a 
     resolution, it is in order (even though a previous motion to 
     the same effect has been disagreed to) for any member of the 
     House of Representatives or the Senate, respectively, to move 
     to proceed to the consideration of the resolution (but only 
     on the date after the calendar day on which the member 
     announces to the House concerned the member's intention to do 
     so).
       (ii) All points of order against a review resolution (and 
     against consideration of the resolution) are waived.
       (iii)(I) A motion to proceed to the consideration of a 
     review resolution is highly privileged in the House of 
     Representatives and is privileged in the Senate and is not 
     debatable.
       (II) A motion described in subclause (I) is not subject to 
     amendment, to a motion to postpone consideration of the 
     resolution, or to a motion to proceed to the consideration of 
     other business.
       (III) A motion to reconsider the vote by which a motion 
     described in subclause (I) is agreed to or not agreed to 
     shall not be in order.
       (IV) If a motion described in subclause (I) is agreed to, 
     the House of Representatives or the Senate, as the case may 
     be, shall immediately proceed to consideration of the review 
     resolution without intervening motion, order, or other 
     business, and the resolution shall remain the unfinished 
     business of the House of Representatives or the Senate, as 
     the case may be, until disposed of.
       (B)(i) Debate on a review resolution and on all debatable 
     motions and appeals in connection therewith shall be limited 
     to not more than 5 hours, which shall be divided equally 
     between those favoring and those opposing the resolution.
       (ii) An amendment to a review resolution is not in order.
       (iii) A motion further to limit debate on a review 
     resolution is in order and not debatable.
       (iv) A motion to postpone consideration of a review 
     resolution, a motion to proceed to the consideration of other 
     business, or a motion to recommit the resolution is not in 
     order.
       (v) A motion to reconsider the vote by which a review 
     resolution is agreed to or not agreed to is not in order.
       (C) Immediately following the conclusion of the debate on a 
     review resolution and a single quorum call at the conclusion 
     of the debate if requested in accordance with the rules of 
     the House of Representatives or the Senate, as the case may 
     be, the vote on final passage of the resolution shall occur.
       (D) Appeals from the decisions of the Chair relating to the 
     application of the rules of the House of Representatives or 
     of the Senate, as the case may be, to the procedure relating 
     to a review resolution shall be decided without debate.
       (5) Consideration by other house.--(A) If, before the 
     passage by one House of a review resolution that was 
     introduced in that House, that House receives from the other 
     House a review resolution.
       (i) the resolution of the other House shall not be referred 
     to a committee and may not be considered in the House that 
     receives it otherwise than on final passage under clause 
     (ii)(II); and
       (ii)(I) the procedure in the House that receives such a 
     resolution with respect to such a resolution that was 
     introduced in that House shall be the same as if no 
     resolution had been received from the other House; but
       (II) the vote on final passage shall be on the resolution 
     of the other House.
       (B) Upon disposition of a review resolution that is 
     received by one House from the other House, it shall no 
     longer be in order to consider such a resolution that was 
     introduced in the receiving House.
       (6) Rules of the Senate and House of Representatives.--This 
     subsection is enacted by Congress.
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and is deemed to 
     be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a review resolution, and it 
     superseded other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.
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               STEVENS (AND MURKOWSKI) AMENDMENT NO. 1716

  Mr. STEVENS (for himself and Mr. Murkowski) proposed amendment to the 
bill S. 2019, supra; as follows:

       On page 12, line 1, add a carriage return immediately after 
     ``Direct Grants.--'', indent the text thereafter through line 
     8 as a separate paragraph, and insert ``(1) In general.--'' 
     immediately before ``The''.
       On page 12, line 8, strike the period and insert in lieu 
     thereof ''; and''.
       On page 12, between lines 8 and 9, insert the following new 
     paragraph:
       ``(2) Alaska native villages.--In the case of a grant for a 
     project under this subsection in an Alaska Native village, 
     the Administrator is also authorized to make grants to the 
     State of Alaska for the benefit of Native villages. An amount 
     not to exceed 4 percent of the grant amount may be used by 
     the State of Alaska for project management.
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               MURKOWSKI (AND STEVENS) AMENDMENT NO. 1717

       Mr. STEVENS (for Mr. Murkowski, for himself and Mr. 
     Stevens) proposed an amendment to the bill S. 2019, supra; as 
     follows:

       On page 68, between lines 10 and 11, insert the a new 
     subparagraph:
       `` ' (I) For purposes of this subsection, the State of 
     Alaska shall be considered a region.''.
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                 BOXER (AND OTHERS) AMENDMENT NO. 1718

  Mrs. BOXER (for herself and Mr. Bradley, Mr. Kerry, Mr. Lautenberg, 
Mr. Lieberman, Mr. Mikulski, Mr. Metzenbaum, Mr. Leahy, Mr. Kohl, and 
Mr. Chafee), proposed an amendment to the bill S. 2019, supra; as 
follows:

       On page 7 of the manager's amendment, after line 20, insert 
     the following:
       (iv) the effects of the contaminant upon subpopulations 
     that are identified as being at greater risk for adverse 
     health effects in the research and evidence described in 
     section 1442(j).
       On page 18, line 13 of the manager's amendment, strike 
     ``.'' and insert after ``water'' the following:
       ``In characterizing the health effects of drinking water 
     contaminants under this Act, the Administrator shall take 
     into account all relevant factors, including the margin of 
     safety for variability in the general population and the 
     results of research required under this subsection and other 
     sound scientific evidence (including the 1993 and 1994 
     reports of the National Academy of Sciences) regarding 
     subpopulations at greater risk for adverse health effects.''
                                 ______
                                 

       NUTRITION LABELING AND EDUCATION ACT EXTENSION ACT OF 1994

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                 BUMPERS (AND HATCH) AMENDMENT NO. 1719

  Mr. FORD (for Mr. Bumbers for himself and Mr. Hatch) proposed an 
amendment to the bill (S. 2087) to extend the time period for 
compliance with the Nutrition Labeling and Education Act of 1990 for 
certain food products packaged prior to August 18, 1994; as follows:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:
       Before August 8, 1994, sections 403(q) and 403 (r)(2) of 
     the Federal Food, Drug, and Cosmetic Act, and the provision 
     of section 408(i) of such Act added by section 7(2) of the 
     Nutrition Labeling and Education Act of 1990, shall not apply 
     with respect to a food product which is contained in a 
     package for which the label was printed before May 8, 1994 
     (or before August 8, 1994, in the case of a juice or milk 
     food product if the person responsible for the labeling of 
     such food product exercised due diligence in obtaining before 
     such date labels which are in compliance with such sections 
     403(q) and 403(r)(2) and such provision of section 408(i)), 
     if, before June 15, 1994, the person who introduces or 
     delivers for introduction such food product into interstate 
     commerce submits to the Secretary of Health and Human 
     Services a certification that such person will comply with 
     this section and will comply with such sections 403(q) and 
     403(r)(2) and such provision of section 408(i) after August 
     8, 1994.

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