[Congressional Record Volume 140, Number 108 (Monday, August 8, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                  RELATED AGENCIES APPROPRIATIONS ACT

  The ACTING PRESIDENT pro tempore. Also under the previous order, the 
Senate will now resume the consideration of H.R. 4606, the Labor-HHS 
appropriations bill, which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 4606) making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies, for the fiscal year ending 
     September 30, 1995, and for other purposes.

  The Senate resumed consideration of the bill.
  Mr. HARKIN. Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. HARKIN. Mr. President, Senator Specter and I are here. We are now 
on H.R. 4606, the Labor-Health and Human Services appropriations bill. 
Under the unanimous-consent agreement that was entered into last 
Friday, between now and noon is the time for amendments. We have 2 
hours now. So if Senators have amendments to this appropriations bill, 
they should come to the floor and offer them between now and noon. At 
noon, the bell tolls, and there will then not be an opportunity to 
offer amendments thereafter.
  It would be our intention at noon, if there are no other amendments, 
after some managers' amendments and technical corrections that we have, 
to then proceed to third reading.
  I am informed that there is a standing request for a rollcall vote on 
all appropriations bills. That being the case, there is a further 
unanimous-consent agreement, I guess, that there will not be any 
rollcall votes until at least 10 a.m. on Wednesday.
  So this is the situation. We are open for business. We have 2 hours 
under the unanimous-consent agreement under which Senators can offer 
amendments. After noon, no other amendments can be offered. Then there 
would not be a rollcall vote until 10 a.m. on Wednesday.
  I hope that is correct. I yield to Senator Specter if there are any 
modifications or some nuances I have missed in my understanding of the 
unanimous-consent request.
  The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania is 
recognized.
  Mr. SPECTER. Mr. President, I think the distinguished chairman has it 
exactly right. I join Senator Harkin in urging all of our colleagues to 
come to the floor. There is a long list of pending amendments and, as 
Senator Harkin has said, time will expire for offering those amendments 
under the unanimous-consent agreement at noon.
  I support his conclusion that at noon we will proceed to third 
reading, at which time the appropriations bill will be concluded. As he 
has said, there will not be any vote on final passage by unanimous-
consent until Wednesday at 10 a.m. But at noon, we will go to third 
reading, with the only final action on the bill to be the vote not 
earlier than 10 a.m. on Wednesday, since there is a standing request 
for rollcall votes on all appropriations bills.
  So we urge our colleagues to come to the floor. We are open and ready 
for business. As Senator Harkin has said, quoting Hemingway, the bells 
will toll at 12 noon.
  Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SPECTER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. SPECTER. I ask unanimous consent the pending committee amendment 
be set aside.
  Mr. HARKIN. Mr. President, reserving the right to object.
  The ACTING PRESIDENT pro tempore. The Senator is recognized.
  Mr. SPECTER. Mr. President, I understand there is no objection?
  The ACTING PRESIDENT pro tempore. Without objection the pending 
amendment is set aside.


                           Amendment No. 2465

  (Purpose: To express the Sense of the Senate that the House should 
approve legislation to increase payments in lieu of taxes and for other 
                               purposes)

  Mr. SPECTER. Mr. President, on behalf of Senator Dole, I am 
submitting an amendment of which Senator McCain is the principal 
sponsor, along with Senators Domenici, Burns, Craig, Smith, Hatch, 
Bryan, Dorgan, Campbell, and Bennett. I send the amendment to the desk 
and ask for its immediate consideration.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Pennsylvania [Mr. Specter], for Mr. 
     McCain, for himself, Mr. Domenici, Mr. Burns, Mr. Craig, Mr. 
     Smith, Mr. Hatch, Mr. Bryan, Mr. Dorgan, Mr. Campbell, and 
     Mr. Bennett, proposes an amendment numbered 2465.

  Mr. SPECTER. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:
       The Senate finds that Federal payments in lieu of taxes to 
     counties compensate local jurisdictions for services provided 
     in areas owned by the federal government and for tax revenues 
     foregone due to such federal ownership.
       PILT payments are critical to counties to provide vital 
     basic services such as emergency search and rescue; law 
     enforcement; fire and emergency medical services; solid waste 
     management, road maintenance, and health and other human 
     services.
       PILT payments have not been increased since 1976, and the 
     consumer price index has risen 127 percent since 1976.
       On April 13, 1994, the Senate approved legislation to 
     increase PILT payments by $115 million over 5 years, and 
     index the payments to keep pace with inflation.
       Enactment of this legislation is critical to counties in 49 
     states throughout the nation.
       It is the sense of the Senate that the House should approve 
     the Senate passed legislation to increase PILT payments, and 
     that this legislation should be enacted by the adjournment of 
     the 103rd Congress. Further, it is the sense of the Senate 
     that, pursuant to enactment, the President should include 
     full funding for the PILT program in the FY 1996 Budget.

  Mr. SPECTER. Mr. President, Senator McCain does not seek any action 
on this amendment at this time, but instead would ask for a rollcall 
vote when the Senate votes, no earlier than 10 a.m. Wednesday.
  This is an amendment which expresses the sense of the Senate that 
Congress should enact legislation to increase Federal payments in lieu 
of taxes this year and that the President should request the full 
funding for the program in the administration's 1996 budget request.
  The Federal Payments in Lieu of Tax Program reimburses some 1,700 
county governments in 49 States for the vital public services they 
provide in areas which contain tax-exempt Federal land. These revenues, 
which make up for lost property taxes, are critical if counties are to 
provide vital services such as emergency search and rescue, law 
enforcement, fire and emergency medical services, solid waste 
management, road maintenance, health and other human services.
  This is the expression of the amendment as contained in the statement 
by Senator McCain. His statement goes on to point out that payment in 
lieu of taxes has not been increased since 1976. This situation makes 
it nearly impossible for counties where the Federal Government owns a 
significant amount of land to provide basic services for residents and 
Federal land users.
  Mr. McCAIN. Mr. President, this amendment expresses the sense of the 
Senate that Congress should enact legislation to increase Federal 
payments in lieu of taxes this year, and that the President should 
request full funding for the program in the administration's 1996 
budget request.
  The Federal payments in lieu of taxes program reimburses 1,700 county 
governments in over 49 States for the vital public services they 
provide in areas which contain tax-exempt Federal land.
  These revenues which made up for lost property taxes are critical if 
countries are to provide vital services such as emergency search and 
rescue; law enforcement; fire and emergency medical services; and solid 
waste management, road maintenance, health and other human services.
  PILT payments have not been increases since 1976. This is making it 
nearly impossible for countries where the Federal Government owns 
significant amounts of land to provide basic services to residents and 
Federal land users.
  Mr. President, on April 13 of this year, the Senate overwhelmingly 
approved legislation to increase payments in lieu of taxes and to index 
the payments to inflation. I regret that despite the vital importance 
of this legislation to local officials who are fighting to make ends 
meet, and the House has not acted. We simply cannot let this slip, once 
again, for another year. The Federal Government has a responsibility to 
pay its fair share, and it's time we do.
  Again, this amendment expresses the sense of the Senate that PILT 
increase legislation should be passed before the end of the 103d 
Congress, and that the administration should request full funding for 
the program in the fiscal year 1996 budget request. Its important that 
the Senate strongly voice its support on this matter, and that we make 
good our commitment to counties which are financially disadvantaged due 
to the existence of tax-exempt Federal lands.
  I know the distinguished chairman of the Appropriations Committee has 
been concerned about the cost of fullly funding a PILT increase 
authorization. I appreciate and understand that concern and the 
difficult choices that the committee must make in deciding how a 
limited Federal budget will be allocated.
  I am informed that should the Senate bill pass the House on 
additional $20 million would be required to fully fund the PILT Program 
next year. In a budget of nearly $2 trillion, I have every confidence 
that we can find many lower priority programs from which we can meet 
our obligations to counties while pursuing our vital deficit reduction 
goals.
  This amendment is strongly supported by the National Association of 
Counties. I would like to read a letter from the organization:

                                              National Association


                                                  of Counties,

                                    Washington, DC, July 25, 1994.
     Hon. John McCain,
     U.S. Senate,
     Washington, DC.
       Dear Senator McCain: The National Association of Counties 
     fully supports a Senate resolution calling for immediate 
     passage of the Payment In Lieu of Taxes (PILT) legislation in 
     the House of Representatives. NACo also supports the 
     resolution's support for full funding of the provisions of 
     this legislation in the President's fiscal year 1996 budget.
       The nation's public land counties use PILT funds to provide 
     services to users of federal public lands: emergency search 
     and rescue, law enforcement, fire and emergency medical 
     services, solid waste management, road maintenance, and 
     health and other human services. All are critical needs, and 
     they must be managed by local authorities and paid for by 
     taxpayers.
       The Senate-passed version of this legislation addresses 
     some of the fiscal inequities faced by public land counties. 
     The current PILT program's monetary value has been reduced by 
     18 years of inflation, to the point where it is less than 
     half of its value when it was passed in 1976. The FY 1994 
     appropriaion (and the FY 1995 request) of $104 million is 
     actually worth about $50 million in FY 1976 dollars. While 
     the Consumer Price Index has skyrocketed 127% since 1976, 
     PILT payments have remained flat. The shortfall must come 
     from taxpayers pockets or decreased services. The time has 
     come to rectify this situation, and the simple solution for 
     the House of Representatives to pass S. 455, Senator 
     Hatfield's PILT legislation that passed the Senate, 78-20.
       Senator McCain, the passage of this legislation is of 
     critical importance to our nation's counties and we thank you 
     for your support and the opportunity to comment on this 
     resolution.
           Sincerely,
                                                   Larry E. Naake,
                                               Executive Director.

  Mr. President, I think that sums it up pretty well. I urge the Senate 
to adopt the amendment.
  Mr. HATCH. Mr. President, I rise a cosponsor of the McCain amendment 
expressing the sense of the Senate that the 103d Congress should adopt 
legislation to increase the Payments in Lieu of Taxes [PILT] Program. 
As my colleagues know, the PILT Program provides payments to thousands 
of counties across this Nation that have large portions of Federal 
lands within their boundaries.
  Some of us, myself included, have spoken many times this year on the 
merits of increasing the PILT payments to counties. Fortunately, the 
Senate agreed with our position and adopted S. 455 in April by an 
overwhelming vote of 78 to 20. Now, as the 103d Congress is winding 
down, those of us supporting this bill are concerned that the session 
may end without final action on this matter. S. 455 is now languishing 
before the House Natural Resources Committee with no further action 
scheduled in the future. I am disappointed that my colleagues in the 
House have not acted on this legislation by now, and I hope they will 
not let this legislation simply fade away and die.
  My concern on the fate of this legislation is warranted based on a 
recent letter from the chairman of the House Subcommittee on National 
Parks, Forests, and Public Lands addressed to me and nine of our 
colleagues last month. He indicated that an increase in the PILT 
Program should be considered in a broader context involving changes in 
other laws that provide payments to local governments. His letter went 
on to state that he ``intends to give further thought to developing 
more specific proposals along these lines.'' I am not aware that anyone 
in the Senate or on the Senate Energy and Natural Resources Committee 
has raised a similar concern as expressed by the subcommittee chairman.
  I appreciate the intentions of our colleagues in the House. But, Mr. 
President, I am afraid that once this development process is completed, 
the 103d Congress may well be adjourned. I believe the proposal to 
increase PILT payments should be kept separate from other Federal 
programs benefiting local governments and addressed separately, as the 
Senate has done.
  If indeed we can agree that our counties need help--and I believe we 
can agree on that--then I believe we should not delay enacting this 
legislation to increase PILT payments.
  Many of our counties, including the large majority of Utah counties, 
consist of land owned and managed by the Federal Government. In Utah, 
70.2 percent of the State's total acreage falls in this category. In 
some counties, the percentage is as high as 96 percent.
  The reasons for increasing the PILT payments have not changed. Our 
counties are struggling to balance their books and pay for services 
they provide to local residents and visitors to Federal lands. The need 
for services such as law enforcement, emergency medical, search and 
rescue, and sanitation escalates significantly in the summer months 
when thousands of Americans as well as foreign tourists visit Utah's 
scenic areas. This dramatic increase in summer population, of course, 
can also be observed in counties in Arizona, California, New Mexico, 
Nevada, and many other States.
  The PILT payments make up for the presence of nontaxable Federal 
lands in these counties and assists local governments in meeting their 
responsibilities. Recently, I received a copy of the proposed budget 
for 1994 from Garfield County, UT, outlining how PILT funds will be 
utilized. The uses include the maintenance of county roads, the 
collection and disposal of waste, law enforcement activities, and 
search and rescue operations.
  Mr. President, these obligations continue. We should act this year to 
provide necessary relief for our beleaguered counties. I urge my 
colleagues to adopt this sense-of-the-Senate resolution in support of 
the PILT Program and to encourage our House colleagues to follow the 
Senate's action on this subject. I commend my colleagues to follow the 
Senate's action on this subject. I commend my colleague from Arizona 
for his efforts.
  Mr. SPECTER. If anyone wishes to speak either in favor or in 
opposition to this amendment, there is ample time to do so now.
  Mr. President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. SPECTER. I repeat, this amendment is being offered on behalf of 
Senator McCain. There is time for people to speak for or against it. In 
offering the amendment I take no position on it. And, I repeat, the 
rollcall vote would not occur until at least Wednesday morning at 10 
a.m.
  The ACTING PRESIDENT pro tempore. The Senator from Illinois is 
recognized.
  Mr. SIMON. Mr. President, I ask unanimous consent to address the 
Senate for 3 minutes as in morning business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

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