[Congressional Record Volume 140, Number 115 (Tuesday, August 16, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BREAUX:
  S. 2392. A bill to amend section 18 of the United States Housing Act 
of 1937, and for other purposes; to the Committee on Banking, Housing, 
and Urban Affairs.


                       public housing legislation

 Mr. BREAUX. Mr. President, today I am introducing a bill in 
the Senate that will promote the restoration and availability of 
affordable housing in this country in a cost-effective way. At the same 
time, it will protect the right of low-income tenants to affordable 
housing. A companion provision is included in the recently passed 
Housing and Community Development Act of 1994, section 124, H.R. 3838, 
in the House of Representatives.
  The objective of this bill is to build flexibility into any day-to-
day applications of the so-called one-for-one-law. The essence of the 
rule is that for every demolished or otherwise disposed of public 
housing unit a new unit must be built. In practice, in an era of 
prolonged scarcity in Federal funding and changing urban housing 
demographics, this law forces the Housing and Urban Affairs 
Administration [HUD], to pour large sums of money into renovating run-
down public housing projects when it would be less costly in many cases 
to tear them down and start over. That is the case at some public 
housing projects in New Orleans, LA.
  As described in a July 25, 1994 New York Times article by Adam 
Nossiter, ``Rule Pumps Dollars Into Decayed Housing,'' the impact of 
the rule at a housing project in New Orleans, LA, is repeated in 
housing projects around the country. The article relates particularly 
severe problems in Newark, Cleveland, and Washington, DC. Mr. 
President, I ask that the full text of this article, and that the 
entire bill be printed in the Record.
  According to the Times, a renovation of one New Orleans project will 
cost $14 million more than costs of tearing it down. But you guessed 
it, Mr. President, work is already underway on plans to renovate that 
housing project at a cost of $90 to $100 million.
  Under present law, HUD is handicapped if it finds that it is more 
cost-effective to tear-down public housing than renovate it in its 
entirety. Mr. President, a law that at one time may have been necessary 
to preserve public housing stock, makes less sense in circumstances 
such as those surrounding the Desire Public Housing Project in New 
Orleans. Three thousand people live in a project designed for 6,000 or 
more; and, as reported by the New York Times, the housing vacancy rate 
in New Orleans, at 16.6 percent, is the highest in the country.
  Mr. President, there are other reasons why HUD should hesitate to 
pour large sums of Federal dollars into rebuilding some housing 
projects. Many projects were originally built as segregated colored 
housing. As described by the Times, ``The Desire Housing Project in New 
Orleans is located 2 miles east of the French Quarter, and is cut off 
from the city by two sets of railroad tracks, the New Orleans 
Industrial Canal and acres of warehouses and factories. The irony of 
Desire is that its location is not a desirable area for any residential 
community. Moreover, there were 86 murders in the complex from 1989 to 
1993, more than in any of the city's other housing projects in the same 
period, even though some of the others are larger.''
  Mr. President, the chairman of the Subcommittee on Housing in the 
House of Representatives, Representative Collin C. Peterson, visited 
the Desire Project this year, and I commend his legislative efforts to 
make the one-for-one-law effective in today's circumstances. That 
legislation, which I am introducing in the Senate today, is a workable 
solution to a very serious problem.
  This bill presents carefully developed procedures that will permit a 
public housing agency to apply to the Secretary of HUD for approval to 
demolish or dispose of all or parts of a federally assisted public 
housing project. At the same time, its provisions will protect an 
adequate supply of public and affordable housing for low-income 
Americans. Mr. President, it also protects the right of displaced 
tenants to assisted relocation to decent, safe, sanitary, and 
affordable housing. Moreover, any public housing agency's plan to 
demolish or otherwise dispose of public housing must be developed in 
consultation with tenants and tenant councils.
  Mr. President, we need this important legislation, and I urge my 
colleagues to join me in sponsoring this bill.
  I ask unanimous consent that the accompanying article and the full 
text of my bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2392

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DEMOLITION AND DISPOSITION OF PUBLIC HOUSING.

       Section 18 of the United States Housing Act of 1937 (42 
     U.S.C. 1437p) is amended to read as follows:

     ``SEC. 18. DEMOLITION AND DISPOSITION OF PUBLIC HOUSING.

       ``(a) Condition of Housing.--The Secretary may approve an 
     application by a public housing agency for permission to 
     demolish or dispose of a public housing project or a portion 
     of a public housing project only if the Secretary has 
     determined that--
       ``(1) in the case of--
       ``(A) an application proposing demolition of a public 
     housing project or a portion of a public housing project, the 
     project or portion of the project is obsolete as to physical 
     condition, location, or other factors, and it is more cost 
     effective to replace the project or portion of the project 
     than to rehabilitate the project or portion of the project; 
     or
       ``(B) an application proposing the demolition of only a 
     portion of a project, the demolition will help to assure the 
     remaining useful life of the remaining portion of the 
     project;
       ``(2) in the case of an application proposing disposition 
     of real property of a public housing agency by sale or other 
     transfer--
       ``(A)(i) the property's retention is not in the best 
     interests of the tenants or the public housing agency 
     because--
       ``(I) developmental changes in the area surrounding the 
     project adversely affect the health or safety of the tenants 
     or the feasible operation of the project by the public 
     housing agency;
       ``(II) disposition will allow the acquisition, development, 
     or rehabilitation of other properties which will be more 
     efficiently or effectively operated as low-income housing and 
     which will preserve the total amount of low-income housing 
     stock available in the community or housing sufficient to 
     address the needs of the community as described in the 
     comprehensive housing affordability strategy under section 
     105 of the Cranston-Gonzalez National Affordable Housing Act; 
     or
       ``(III) because of other factors which the Secretary 
     determines are consistent with the best interests of the 
     tenants and public housing agency and which are not 
     inconsistent with other provisions of this Act; and
       ``(ii) for property other than dwelling units, the property 
     is excess to the needs of a project or the disposition is 
     incidental to, or does not interfere with, continued 
     operation of a project; and
       ``(B) the net proceeds of the disposition will be used 
     for--
       ``(i) the payment of development costs for the replacement 
     housing and for the retirement of outstanding obligations 
     issued to finance original development or modernization of 
     the project, which, in the case of scattered-site housing of 
     a public housing agency, shall be in an amount that bears the 
     same ratio to the total of such costs and obligations as the 
     number of units disposed of bears to the total number of 
     units of the project at the time of disposition; and
       ``(ii) to the extent that any proceeds remain after the 
     application of proceeds in accordance with clause (i), the 
     provision of housing assistance for low-income families 
     through such measures as modernization of low-income housing, 
     or the acquisition, development, or rehabilitation of other 
     properties to operate as low-income housing; or
       ``(3) in the case of an application proposing demolition or 
     disposition of any portion of a public housing project, 
     assisted at any time under section 5(j)(2)--
       ``(A) such assistance has not been provided for the portion 
     of the project to be demolished or disposed of during the 10-
     year period ending upon submission of the application; or
       ``(B) the property's retention is not in the best interest 
     of the tenants or the public housing agency because of 
     changes in the area surrounding the project or other 
     circumstances of the project, as determined by the Secretary.
       ``(b) Tenant Involvement and Replacement Housing.--The 
     Secretary may approve an application or furnish assistance 
     under this section or under any other provision of this Act 
     with respect to the demolition or disposition of public 
     housing only if the following requirements are met:
       ``(1) Tenant consultation and employment.--The application 
     submitted by the public housing agency--
       ``(A) has been developed in consultation with tenants and 
     tenant councils, if any, who will be affected by the 
     demolition or disposition;
       ``(B) includes a plan to employ public housing tenants in 
     construction or rehabilitation, to the extent practicable, 
     pursuant to section 3 of the Housing and Urban Development 
     Act of 1968; and
       ``(C) contains a certification by appropriate local 
     government officials that the proposed activity is consistent 
     with the applicable comprehensive housing affordability 
     strategy under section 105 of the Cranston-Gonzalez National 
     Affordable Housing Act.
       ``(2) Relocation assistance.--All tenants to be relocated 
     as a result of the demolition or disposition will be provided 
     assistance by the public housing agency and are relocated to 
     other decent, safe, sanitary, and affordable housing, which 
     is, to the maximum extent practicable, housing of their 
     choice, including housing assisted under section 8.
       ``(3) Replacement housing.--The public housing agency has 
     developed a plan that provides for additional decent, safe, 
     sanitary, and affordable dwelling units for each public 
     housing dwelling unit to be demolished or disposed of under 
     such application or provides additional dwelling units 
     sufficient to address the needs and demographic 
     characteristics of the number of applicants on the waiting 
     list of the agency equal to the number of units to be 
     demolished or disposed of or the needs of the community, as 
     described in the comprehensive housing affordability strategy 
     under section 105 of the Cranston-Gonzalez National 
     Affordable Housing Act, which plan--
       ``(A) provides for the provision of such additional 
     dwelling units through--
       ``(i) the acquisition or development of additional public 
     housing dwelling units, which may be units in housing owned 
     (or leased for a period to be determined by the Secretary) by 
     a partnership of a public housing agency and other entity in 
     which the agency has a controlling interest;
       ``(ii) the use of 15-year project-based assistance under 
     section 8;
       ``(iii) in the case of an application proposing demolition 
     or disposition of 200 or more units, the use of tenant-based 
     assistance under section 8 having a term of not less than 5 
     years;
       ``(iv) units acquired or otherwise provided for 
     homeownership (including cooperative and condominium 
     interests) by public housing residents under section 5(h), 
     subtitle B or C of title IV of the Cranston-Gonzalez National 
     Affordable Housing Act, or other programs for homeownership 
     that have program requirements substantially equivalent to 
     the requirements established under section 605 of the Housing 
     and Community Development Act of 1987;
       ``(v) affordable housing homeownership units assisted under 
     title II of the Cranston-Gonzalez National Affordable Housing 
     Act and sold to public housing residents;
       ``(vi) rental units that are--

       ``(I) assisted under title II of the Cranston-Gonzalez 
     National Affordable Housing Act (notwithstanding section 
     212(d)(2) of such Act); or
       ``(II) assisted under a State or local rental assistance 
     program that provides for rental assistance over a term of 
     not less than 15 years that is comparable in terms of 
     eligibility and contribution to rent to assistance under 
     section 8, except that this subclause shall only apply in 
     cases provided under subparagraph (C);

       ``(vii) housing assisted by a tax credit under section 42 
     of the Internal Revenue Code of 1986;
       ``(viii) housing acquired from the Resolution Trust 
     Corporation or the Federal Deposit Insurance Corporation;
       ``(ix) housing acquired under section 203 of the Housing 
     and Community Development Amendments of 1978;
       ``(x) other methods of providing housing units approved by 
     the Secretary; or
       ``(xi) any combination of such methods;
       ``(B) in the case of an application proposing demolition or 
     disposition of 200 or more units, shall provide that--
       ``(i) not less than 50 percent of such additional dwelling 
     units shall be provided through the acquisition or 
     development of additional dwelling units or through project-
     based assistance; and
       ``(ii) not more than 50 percent of such additional dwelling 
     units shall be provided through tenant-based assistance under 
     section 8 having a term of not less than 5 years;
       ``(C) if it provides for the use of tenant-based assistance 
     provided under section 8 or otherwise, may be approved--
       ``(i) only after a finding by the Secretary that 
     replacement with project-based assistance is not feasible, 
     and the supply of private rental housing actually available 
     to those who would receive such assistance under the plan is 
     sufficient for the total number of families in the community 
     assisted with tenant-based assistance after implementation of 
     the plan and that such supply is likely to remain available 
     for the full term of the assistance; and
       ``(ii) only if such finding is based on objective 
     information, which shall include rates of participation by 
     owners in the section 8 program, size, conditions and rent 
     levels of available rental housing as compared to section 8 
     standards, the supply of vacant existing housing meeting the 
     section 8 housing quality standards with rents at or below 
     the fair market rental, the number of eligible families 
     waiting for public housing or housing assistance under 
     section 8, and the extent of discrimination against the types 
     of individuals or families to be served by the assistance;
       ``(D) may provide that all or part of such additional 
     dwelling units may be located outside the jurisdiction of the 
     public housing agency (in this subparagraph referred to as 
     the `original agency') if--
       ``(i) the location is in the same housing market area as 
     the original agency, as determined by the Secretary; and
       ``(ii) the plan contains an agreement between the original 
     agency and the public housing agency in the alternate 
     location or other public or private entity that will be 
     responsible for providing the additional units in the 
     alternate location that such alternate agency or entity will, 
     with respect to the dwelling units involved--

       ``(I) provide the dwelling units in accordance with 
     subparagraph (A);
       ``(II) complete the plan on schedule in accordance with 
     subparagraph (F);
       ``(III) meet the requirements of subparagraph (G) and the 
     maximum rent provisions of subparagraph (H);
       ``(IV) not impose a local residency preference on any 
     resident of the jurisdiction of the original agency for 
     purposes of admission to any such units; and
       ``(V) allow that preference for admission to any such 
     additional units may be provided to residents of the severely 
     distressed public housing dwelling units replaced under this 
     subparagraph pursuant to section 24;

       ``(E) includes a schedule for completing the plan during a 
     period consistent with the size of the proposed demolition or 
     disposition and replacement plan, which--
       ``(i) shall not exceed 6 years, except that the Secretary 
     may extend the schedule to not more than 10 years if the 
     Secretary determines that good cause exists to extend the 
     implementation of the replacement plan under this subsection; 
     and
       ``(ii) the demolition or disposition under the plan can 
     occur in phases necessary to provide for relocation of 
     tenants under paragraph (2);
       ``(F) includes a method of ensuring that the same number of 
     individuals and families will be provided housing;
       ``(G) provides for the payment of the relocation expenses 
     of each tenant to be displaced and ensures that the rent paid 
     by the tenant following relocation will not exceed the amount 
     permitted under this Act;
       ``(H) prevents the taking of any action to demolish or 
     dispose of any unit until the tenant of the unit is relocated 
     to decent, safe, sanitary, and affordable housing; and
       ``(I) permits the Secretary to intervene and take any 
     actions necessary to complete the plan if the public housing 
     agency fails, without good cause, to carry out its 
     obligations under the plan.
       ``(c) Limitation on Demolition and Exemption.--
       ``(1) Maximum percentage.--Notwithstanding any other 
     provision of this section, during any 5-year period a public 
     housing agency may demolish not more than the lesser of 5 
     dwelling units or 5 percent of the total dwelling units owned 
     and operated by the public housing agency, without providing 
     an additional dwelling unit for each such public housing 
     dwelling unit to be demolished, but only if the space 
     occupied by the demolished unit is used for meeting the 
     service or other needs of public housing residents.
       ``(2) Site and neighborhood standards exemption.--
     Notwithstanding any other provision of law, a replacement 
     plan under subsection (b)(3) may provide for demolition of 
     public housing units and replacement of such units on site or 
     in the same neighborhood if the number of replacement units 
     provided in the same neighborhood is fewer than the number of 
     units demolished and the balance of replacement units are 
     provided elsewhere in the jurisdiction or pursuant to 
     subsection (b)(3)(D).
       ``(d) Treatment of Replacement Units.--With respect to any 
     dwelling units developed, acquired, or leased by a public 
     housing agency pursuant to a replacement plan under 
     subsection (b)(3)--
       ``(1) assistance may be provided under section 9 for such 
     units; and
       ``(2) such units shall be available for occupancy, operated 
     and managed in the manner required for public housing, and 
     shall be subject to the other requirements applicable to 
     public housing dwelling units.
       ``(e) Approval of Applications.--
       ``(1) In general.--The Secretary shall notify a public 
     housing agency submitting an application under this section 
     for demolition or disposition and replacement of a public 
     housing project or portion of a project of the approval or 
     disapproval of the application not later than 60 days after 
     receiving the application. If the Secretary does not notify 
     the public housing agency as required under this paragraph or 
     paragraph (2), the application shall be considered to have 
     been approved.
       ``(2) Disapproval and resubmission.--If the Secretary 
     disapproves an application, the Secretary shall specify in 
     the notice of disapproval the reasons for the disapproval and 
     the agency may resubmit the application as amended or 
     modified.
       ``(3) Annual report.--The Secretary shall annually submit a 
     report to the Congress describing for the year the 
     applications under this section approved and disapproved, the 
     number, general condition, and location of units demolished 
     or disposed of, and the number, general condition, location, 
     and method of provision of units of replacement housing 
     provided pursuant to this section.
       ``(f) Action Before Approval of Application.--
       ``(1) Prohibited action.--A public housing agency shall not 
     take any action to demolish or dispose of a public housing 
     project or a portion of a public housing project without 
     obtaining the approval of the Secretary and satisfying the 
     conditions specified in subsections (a) and (b).
       ``(2) Allowable relocation.--A public housing agency may 
     relocate tenants of public housing into other dwelling units 
     before the approval of an application under this section for 
     demolition or disposition, or prior to implementing a plan 
     for modernization under section 14 or 24, if units to be 
     demolished or disposed of are not decent, safe, and sanitary, 
     or if the units to be rehabilitated cannot be maintained 
     cost-effectively in a decent, safe, and sanitary condition.
       ``(g) Assistance for Replacement Housing.--The Secretary 
     may provide assistance under this subsection for--
       ``(1) providing replacement public housing units pursuant 
     to subsection (b)(3)(A) for units demolished or disposed of 
     pursuant to this section; and
       ``(2) providing assistance under section 8 for replacement 
     housing pursuant to subsection (b)(3)(A) for units demolished 
     or disposed of pursuant to this section.
       ``(h) Inapplicability to Public Housing Homeownership 
     Program.--The provisions of this section shall not apply to 
     the disposition of a public housing project in accordance 
     with an approved homeownership program under title III.
       ``(i) Exception to Replacement Rule.--
       ``(1) Requirements for waiver.--The Secretary shall waive 
     the applicability of the provisions of subsection (b)(3) with 
     respect to any application under this section by a public 
     housing agency for the demolition or disposition of public 
     housing dwelling units if--
       ``(A) the Secretary determines, based on information 
     provided by the public housing agency in the application and 
     the request under paragraph (2), that--
       ``(i) the requirements under subsection (b)(3) are 
     preventing or interfering with the development or acquisition 
     of new public housing dwelling units by the agency;
       ``(ii) the long-term goal of the agency in requesting the 
     waiver under this subsection is to increase the number of 
     habitable public housing dwelling units of the agency;
       ``(iii) maintaining and operating the dwelling units to be 
     demolished or disposed of is not cost-effective; and
       ``(iv) sufficient financial assistance is not, and will not 
     be, available to the public housing agency to rehabilitate or 
     replace all or some of the units;
       ``(B) the Secretary determines that replacing the dwelling 
     units to be demolished or disposed of under the application 
     is unnecessary because other affordable housing is available 
     in the area in which the units are located, and in making 
     such determination the Secretary considers the assessment 
     submitted by the public housing agency under paragraph 
     (2)(C); and
       ``(C) the public housing agency requests a waiver under 
     this subsection in accordance with the requirements of 
     paragraph (2).
       ``(2) Request for waiver.--To be eligible for a waiver 
     under this subsection, a public housing agency shall submit 
     to the Secretary a request for a waiver under this subsection 
     that includes--
       ``(A) a comprehensive plan for demolition, disposition, and 
     replacement that describes additional dwelling units to be 
     made available by the public housing agency;
       ``(B) an identification of the dwelling units for which the 
     waiver is requested; and
       ``(C) an assessment of the need of replacing such dwelling 
     units including the unit size, age, general condition, and 
     length of time such units have been vacant, the condition of 
     the neighborhood in which the dwelling units are located, and 
     the availability of dwelling units affordable to low-income 
     families within the jurisdiction in which the dwelling units 
     are located, during the implementation of the replacement 
     plan.
       ``(3) Submission to secretary.--A request for a waiver 
     under this subsection may be submitted at any time. The 
     request shall be submitted to the Secretary by certified mail 
     or any other equivalent means that provides notification to 
     the public housing agency making the request of the date of 
     receipt by the Secretary.
       ``(4) Notice of disposition of request.--Except as provided 
     in paragraph (5), the Secretary shall notify a public housing 
     agency requesting a waiver under this section of the approval 
     or disapproval of the request not later than 45 days after 
     receiving the request. If the Secretary does not notify the 
     public housing agency as required under this paragraph or 
     paragraph (5), the request for a waiver shall be considered 
     to have been approved.
       ``(5) Request for additional information.--If the Secretary 
     determines that more information is needed to make the 
     determinations under paragraph (1) than has been provided by 
     the public housing agency, the Secretary shall notify the 
     agency in writing not later 30 days after receiving the 
     request for the waiver that additional information is 
     necessary. Such notice shall describe specifically the 
     additional information required for the determinations and 
     establish a deadline for the submission of the information by 
     the agency, which shall be determined based on the difficulty 
     of obtaining the information requested. If the agency submits 
     such additional information requested before the deadline 
     established in the notice under this paragraph, the Secretary 
     shall notify the agency requesting the waiver that the 
     request is approved or disapproved not later than 30 days 
     after the submission of such additional information.
       ``(6) Statement of reasons for denying or approving 
     request.--The Secretary shall include, in each notice under 
     paragraph (4) or (5) of the denial or approval of a request 
     for a waiver under this subsection, the specific reasons for 
     denying or approving the request. The denial of any request 
     for a waiver for public housing dwelling units shall not 
     prejudice the consideration of any other subsequent request 
     for such a waiver for any of such dwelling units.''.
                                  ____


                Rule Pumps Dollars Into Decayed Housing

                           (By Adam Nossiter)

       New Orleans, July 25.--Roofless buildings yawning to the 
     sky, gaping windows without glass, inside walls stripped to 
     rough planks, outside walls pitted with holes: it isn't the 
     emptiness of the Desire public housing development that is 
     disconcerting, but the presence of any residents at all. 
     About 3,000 people live in a project that was designed for 
     more than twice that number.
       In March, the Inspector General for the Department of 
     Housing and Urban Development, Susan Gaffney, told Congress 
     that renovating the isolated 97-acre reservation for the poor 
     would cost $14 million more than tearing it down and starting 
     over. Yet work is under way on a renovation plan that is 
     expected to cost $90 million to $100 million. The housing 
     agency has already approved the first $12 million.
       The project, which is on the street immortalized by 
     Tennessee Williams in his play ``A Streetcar Named Desire,'' 
     is a case study of what critics say is an irrationality of 
     the Federal housing policy, one that has also affected cities 
     like Newark, Cleveland and Washington. The root of the 
     problem, the critics say, is a Federal housing agency policy 
     that funnels large sums of money into decrepit apartments but 
     provides little for new construction, and a law requiring 
     that for every demolished apartment, a new unit be built, to 
     keep the supply from dwindling.
       This ``one-for-one'' law, as it is known, seems 
     particularly irrational in New Orleans, which has the highest 
     housing vacancy rate in the country, 16.6 percent, the Census 
     Bureau says.
       On Friday, the House overwhelmingly approved a bill that 
     would revise the policy and ease the law. It would allow the 
     demolition of the most decrepit public housing while freeing 
     money designated for renovation to build new apartments. A 
     housing bill is also before the Senate but it does not 
     discuss the ``one-for-one'' law.
       A leader in the drive for the House legislation was 
     Representative Collin C. Peterson, Democrat of Minnesota, who 
     toured Desire this year, and cited the project as an example 
     of waste produced by the current policy. Mr. Peterson is the 
     chairman of a House subcommittee on housing.
       In the grim universe of decaying housing projects, Desire 
     is ``probably one of the worst in the country,'' a district 
     inspector general for the housing agency, D. Michael Beard, 
     said in a recent interview. Mr. Beard was in charge of an 
     agency audit of the New Orleans Housing Authority completed 
     last month.
       The sprawling complex of two-story barracks-like buildings, 
     built from 1953 to 1956, sits atop a landfill that was once a 
     swamp. The ground is sinking beneath it, so that in many 
     places porches have fallen away.


                       exodus began a decade ago

       Since the early 1980's, when Desire was almost full, 
     residents have been moving out steadily as the project 
     deteriorated and violence grew. The project is about 58 
     percent vacant. Of the 810 households there, 745 are headed 
     by single women.
       The project, two miles east of the French Quarter, is cut 
     off from the rest of the city by two sets of railroad tracks, 
     the New Orleans Industrial Canal and acres of warehouses and 
     factories.
       The complex was deliberately built of wooden frames, 
     susceptible to the area's high humidity, as opposed to 
     concrete and masonry, because the Federal Public Housing 
     Administration, as it was known then, said it wanted to save 
     money. It was built ``as a colored project,'' according to 
     the housing agency report completed last month, and only 
     blacks still live there.


                         violence amid wreckage

       Today, some of the apartments look as if they have been 
     pillaged by marauding armies. Remains of plaster walls lie 
     heaped on rotting wood floors. Vandals have taken everything, 
     down to the window frames and copper piping.
       There were 86 murders in the complex from 1989 to 1993, 
     more than in any of the city's other housing projects in the 
     same period, even though some of the others are larger.
       But even before the first tenants moved to Desire, a public 
     housing tenants' association report called it a ``waste of 
     public money'' and ``unsafe for human habitation.'' Those 
     words have echoed through the years and were heard yet again 
     as the New Orleans Housing Authority considered the 
     renovation.
       In addition to the public housing laws, the pride of local 
     housing officials and some of the tenants were behind the 
     renovation. ``The neighborhood should exist,'' said Shelia 
     Danzey, manager of the New Orleans Housing Authority. ``It's 
     like preservationists saying these 1832 houses should 
     exist.''
       Ms. Danzey also questioned the credentials of the 
     independent consulting concern that advised against 
     rebuilding Desire, even though it is the same one hired by 
     her agency in 1990. The concern, EA Technical Services Inc. 
     of Atlanta, said renovating the project was neither ``viable 
     nor feasible.''
       The decision by the New Orleans housing authority to push 
     the renovation plan was essential for getting it approved by 
     Federal officials. Yet the Federal audit of the New Orleans 
     agency called its operations ``inefficient, ineffective and 
     uneconomical.''
       Joseph Shuldiner, the Assistant Secretary for public and 
     Indian housing, said of the renovation plan, ``There are 
     legitimate questions here, but in our judgment they didn't 
     outweigh the official policy of going along with the local 
     request.''


                         $12 million commitment

       In the first phase of the renovation, about $12 million has 
     been awarded to the Rex K. Johnson Company, a Lampasas, Tex., 
     concern that specialized in public housing work, to rebuild 
     about 180 apartments. They have been redesigned as town 
     houses, with each apartment having its own access to the 
     street.
       The overall plan calls for spending $71,000 to $78,000 for 
     each apartment, which exceeds the housing agency's own 
     spending limit for a new apartment by as much as 37 percent. 
     The amount being spent to renovate each apartment could buy 
     comfortable three-bedroom dwellings in many arts of New 
     Orleans.
       Under the renovation plan, a third of Desire's 1,800 
     apartments would be demolished and the rest would be gutted 
     and rebuilt. The tenants would remain during the renovation. 
     To conform to the one-for-one rule, for each Desire apartment 
     demolished the housing authority will subsidize the rents for 
     the same number of apartments.


                       law behind the rebuilding

       In 1987, the tide had long since turned against 
     construction of big public housing projects when Congress 
     mandated that every housing unit torn down had to be replaced 
     with a new one. In practice, the rule forced local 
     authorities to leave deteriorating housing projects standing.
       In addition to limiting money for new constructions, the 
     housing rules bar new developments in areas that already have 
     large poor and minority populations. Neighborhood opposition 
     to new public housing is often intense.
       For the current fiscal year, Congress appropriated $559 
     million for new housing against $3.2 billion for renovation. 
     It also appropriated $7 billion for rental vouchers to be 
     used for private housing. But there are limits on the number 
     of vouchers that can be used to replace housing that has been 
     demolished.
       The national landscape is littered with decaying, empty 
     housing projects. Newark has long wanted to demolish 21 high-
     rise apartments. The one-for-one rule made this difficult, so 
     the city's housing authority received $17 million in Federal 
     housing operation subsidies for closed and sealed buildings 
     from 1985 to 1992, enabling the authority to accumulate 
     reserves of $31 million and ``become financially sound,'' in 
     Inspector General Gaffney's words.
       The Cuyahoga Housing Authority in Cleveland has received 
     $47.3 million in operating subsidies for vacant units since 
     1987, and the Washington authority $5.5 million in 1992.
       These accounts of subsidies for empty apartments, recited 
     in March before Mr. Peterson's subcommittee, led to the 
     legislation passed on Friday. It would allow all local 
     housing officials to sue up to half their renovation money 
     for new housing. It would also allow them to ask the Federal 
     housing agency to waive the rule requiring one new housing 
     unit for each one demolished if it interfered with the 
     development of new public housing.
       An amendment to the bill would also allow New Orleans 
     housing officials to use money designated for the renovation 
     of the Desire in other ways, including renovating some of the 
     city's many vacant dwellings for housing the Desire tenants.
       The new Mayor of New Orleans, Marc Morial, who inherited 
     the Desire renovation plan, says he supports the amendment 
     that would give the city more discretion with its Federal 
     housing money. He suggested that some of the $100 million may 
     be better spent repairing the city's many abandoned houses, 
     some of them with distinctive Creole architectural features 
     still intact. But he said he wanted the first phase of the 
     Desire renovation to be completed.
       At Desire, there is suspicion of politicians, anger about 
     the conditions and, in some residents, no interest at all in 
     moving somewhere else. Charlene Slack, for one is glad to see 
     the construction crews. ``I'm happy about it,'' she said. 
     ``But I wish they would hurry up.''
       Bonnie Rodgers, vice chairman of the tenant council, said: 
     ``Don't send us somewhere else. Let us change where we 
     live.''
       But others don't see much hope in change. Penny Jones stood 
     by the rotting wood of her kitchen floor, near the bathroom 
     where the sink was coming off the wall, and by the stairwell 
     that looked like an elongated piece of Swiss cheese.
       ``I think they should tear it all down,'' she said. The 
     summer heat, had aggravated the stink of the sewage beneath 
     her building, she said. Indeed; the Atlanta consulting firm 
     found that the ``subsidence of the soil has caused continuous 
     problems with the sewer and water systems.''
       There were a ``million'' mice in the apartment. ``They need 
     to just tear it all down and start from scratch,'' Ms. Jones 
     said. ``They can fix it up. I don't care. I'm going to 
     move.''
                                 ______

      By Mr. DeCONCINI (for himself and Mr. McCain);
  S. 2393. A bill to eliminate a maximum daily diversion restriction 
with respect to the pumping of certain water from Lake Powell, and for 
other purposes; to the Committee on Energy and Natural Resources.


             lake powell diversion restriction act of 1994

 Mr. DeCONCINI. Mr. President, I am today introducing a bill 
that removes a maximum daily water diversion restriction imposed upon 
the city of Page, AZ, by the Reclamation Development Act of 1974. 
Although the bill removes the daily pumping limitation, it retains the 
limit on the city of Page's annual consumption amount.
  I am very pleased that the bill is being cosponsored by my colleague 
from Arizona, Senator McCain.
  The city of Page receives its water solely from the Colorado River 
that is impounded within Lake Powell. Lake Powell is impounded behind 
the Glen Canyon Dam which was constructed by the Bureau of Reclamation.
  The 1974 Reclamation Development Act severed the Federal Government's 
ownership and management of an area within the Colorado River project 
in Coconino County, AZ, creating a self-governing city. That city, 
Page, AZ, required water to survive in the desert environment. The 1974 
legislation ensures that Page's water need is met by providing for an 
annual supply of water with a daily pumping limitation.
  For a number of years after this legislation was authorized, the 
Bureau of Reclamation had varying degrees of responsibility and 
liability for operation and maintenance of the municipal water system. 
As the Bureau's authority was phased out, the city became responsible 
for all costs for the operation, maintenance, and replacement of the 
municipal water system beyond Glen Canyon Dam and the powerplant.
  The city is concerned that they may need to exceed the daily pumping 
limitation during peak use periods in the summer months. As the city's 
population grows and national park tourism increases, this daily 
pumping limit will place an unrealistic burden on Page, especially 
during the summer season.
  I urge my colleagues to give this bill serious consideration. I have 
been advised that the removal of this daily pumping limitation will not 
affect any other water users. I ask unanimous consent that the text of 
the bill and a letter from the Bureau of Reclamation be included in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2393

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ELIMINATION OF 24-HOUR RESTRICTION.

       The second sentence of section 104(c) of the Reclamation 
     Development Act of 1974 (Public Law 93-493; 88 Stat. 1488) is 
     amended by striking ``or three million gallons of water in 
     any twenty-four hour period,''.
                                  ____

                                  U.S. Department of the Interior,


                                        Bureau of Reclamation,

                              Salt Lake City, UT, August 12, 1994.
     Hon. Dennis DeConcini,
     U.S. Senate,
     Washington DC.
       Dear Senator DeConcini: Officials in Washington, D.C. 
     reviewed the proposal with Mayor Scaramazzo of the City of 
     Page (Page), Arizona, to eliminate the daily pumping 
     limitation of 3,000,000 gallons per day from Lake Powell for 
     the City of Page, Arizona imposed by subsection 104(c) of the 
     Reclamation Development Act of October 27, 1974, (P.L. 93-
     493). My Scaramazzo was informed that since the maximum 
     annual depletion of 2,740 acre-feet reserved to Page will not 
     change under the proposal, the concept does not appear to 
     adversely affect any other user of the Colorado River, and 
     Arizona's use of 50,000 acre-feet of annual depletion under 
     the Upper Colorado River Basin Compact is unaffected. We have 
     no objection to this concept.
       We have reviewed the draft Bill language and it appears to 
     match the proposed concept. However, our review should not be 
     construed to reflect the Administration's position on the 
     final Bill when sent to Congress.
           Sincerely,
                                                      Rick L. Gold

              (For Charles A. Calhoun, Regional Director).

 Mr. McCAIN. Mr. President, I am in full support of the measure 
being introduced by my colleague from Arizona. The problem affecting 
the city of Page is a simple one, as is the measure we have introduced 
to correct it. The bill would remove the daily pumping limitation 
without affecting the city's overall allocation.
  As my colleague noted, the city's sole source of water is a Colorado 
River allocation through Lake Powell. The city's enabling legislation 
limits the daily pumping rate from Lake Powell to 3 million gallons per 
day.
  It is my understanding that the limitation was applied because of 
limitations on the Bureau of Reclamation's ability to pump at the time 
of enactment. However, that rational no longer applies because the city 
is now responsible for both the pumping equipment and the cost of 
pumping water from the lake to the city.
  The amendment would merely remove the daily pumping limit from the 
enabling legislation without affecting the city's overall allocation of 
Colorado River water. This is a very important point.
  The Colorado River is the life blood to many communities along its 
path. Although, it is clear that the bill will not affect other 
Colorado River users, we must ensure that the appropriate users are 
contacted and consulted. Especially, the Navajo Nation which has a 
significant interest in Colorado River water. Since the river is such 
an important resource, decisions affecting its management, even minor 
ones, should be discussed in an open process. I am confident that this 
bill is something all parties will support.
  I hope my colleagues will give this measure serious consideration and 
that we can enact it quickly. While it is a minor change, it is one 
that is very important to the city of Page and its residents who depend 
on this vital source of water.
                                 ______

      By Mr. CAMPBELL:
  S. 2394. A bill to establish a National Physical Fitness and Sports 
Foundation to carry out activities to support and supplement the 
mission of the President's Council on Physical Fitness and Sports; to 
the Committee on Labor and Human Resources.


          national physical fitness and sports foundation act

 Mr. CAMPBELL. Mr. President, I am introducing legislation to 
establish a National Physical Fitness and Sports Foundation bill. This 
proposal is designed to support the President's Council on Physical 
Fitness.
  The President's Council on Physical Fitness currently operates on a 
shoestring budget of $1.4 million. The establishment of a non-profit 
foundation would permit the Council to have an independent source of 
funding to expand its scope and activities. This proposal will not 
conflict with existing efforts to provide funding for the U.S. Olympic 
Committee as moneys that would flow through the corporation to the 
Council would not be public funds.
  Once established, the National Physical Fitness and Sports Foundation 
would be a charitable, non-profit organization designed to encourage 
and promote the solicitation of private funds for the President's 
Council on Physical Fitness. After the deduction of administrative 
expenses, the foundation would annually transfer the balance of the 
contributions to the U.S. Public Health Service Gift Fund.
  The foundation would have the following specific powers:
  It could accept, receive, solicit, administer, and use any gift, 
devise or bequest, absolutely or in trust.
  It could acquire by purchase or exchange any real or personal 
property or interest; and
  It could enter into contracts or other arrangements with public 
agencies and private organizations and persons and to make such 
payments as may be necessary to carry out its functions.
  A nine-member board of directors would govern the foundation. Three 
board members must have experience directly related to physical 
fitness, sports or the relationship between health status and physical 
exercise. The remaining six board members would be leaders in the 
private sector with a strong interest in physical fitness. Ex officio 
members of the board would include the Assistant Secretary of Health, 
the Executive Director of the President's Council on Physical Fitness, 
the Director of the National Center for Chronic Disease Prevention and 
Health Promotion, the Director of the National Heart, Lung and Blood 
Institute, and the Director of the Centers for Disease Control.
  Board members would serve for 6 years. Three board members would be 
appointed by the Secretary of Health and Human Services; two by the 
majority leader of the Senate; one by the minority leader of the 
Senate; two by the Speaker of the House; and one by the minority leader 
of the House of Representatives. The chairman would be elected by the 
board members to a 2-year term. No individual could serve more than two 
consecutive terms as a director.
  Board members would serve without pay, but would be reimbursed for 
traveling and subsistence expenses. The board would be empowered to 
appoint officers and employs, once foundation had sufficient funding to 
pay for their services; and adopt a constitution and bylaws. Officers 
and employs of the foundation could not receive pay in excess of the 
annual rate of basic pay in effect for Executive Level V in the Federal 
service.
  I think that this bill will help further an important national goal--
encouraging and fostering physical fitness and well-being--and I urge 
my colleagues to support it.
  Mr. President, I also ask unanimous consent that a complete copy of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2394

       Be it enacted by the Senate and the House of 
     Representatives of the United States of America in Congress 
     assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Physical Fitness 
     and Sports Foundation Establishment Act''.

     SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.

       (a) Establishment.--There is established the National 
     Physical Fitness and Sports Foundation (hereinafter in this 
     Act referred to as the ``Foundation''). The Foundation is a 
     charitable and nonprofit corporation and is not an agency or 
     establishment of the United States.
       (b) Purposes.--The purposes of the Foundation are--(1) in 
     conjunction with the President's Council on Physical Fitness 
     and Sports, to develop a list and description of programs, 
     events and other activities which would further the goals 
     outlined in Executive Order 12345 and with respect to which 
     combined private and governmental efforts would be 
     beneficial.
       (2) to encourage and promote the participation by private 
     organizations in the activities referred to in subsection 
     (b)(1) and to encourage and promote private of money and 
     other property to support those activities.
       (c) Disposition of Money and Property.--At least annually 
     the Foundation shall transfer, after the deduction of the 
     administrative expenses of the Foundation, the balance of any 
     contributions received for the activities referred to in 
     subsection (b), to the United States Public Health Service 
     Gift Fund pursuant to section 2701 of the Public Health 
     Service Act (42 U.S.C.-300aaa) for expenditure pursuant to 
     the provisions of that section and consistent with the 
     purposes for which the funds were donated.

     SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

       (a) Establishment and Membership.--The Foundation shall 
     have a governing Board of Directors (hereinafter referred to 
     in this Act as the ``Board''), which shall consist of nine 
     Directors each of whom shall be a United States citizen; and
       (1) Three of whom must be knowledgeable or experienced in 
     one or more fields directly connected with physical fitness, 
     sports or the relationship between health status and physical 
     exercise;
       (2) Six of whom must be leaders in the private sector with 
     a strong interest in physical fitness, sports or the 
     relationship between health status and physical exercise. The 
     membership of the Board, to the extent practicable, shall 
     represent diverse professional specialities relating to the 
     achievement of physical fitness through regular participation 
     in programs of exercise, sports and similar activities. The 
     Assistant Secretary for Health, the Executive Director of the 
     President's Council on Physical Fitness and Sports, the 
     Director for the National Center for Chronic Disease 
     Prevention and Health Promotion, the Director of the National 
     Heart, Lung, and Blood Institute and the Director for the 
     Centers for Disease Control and Prevention shall be ex 
     officio, nonvoting members of the Board. Appointment to the 
     Board or its staff shall not constitute employment by, or the 
     holding of an office of, the United States for the Purpose of 
     any Federal employment or other law.
       (b) Appointment and Terms.--Within 90 days from the date of 
     enactment of this Act, the Directors of the Board will be 
     appointed. The Directors shall serve for a term of six years; 
     three of whom will be appointed by the Secretary (hereinafter 
     referred to in this Act as the ``Secretary''); two by the 
     Majority Leader of the Senate; one by the Minority Leader of 
     the Senate; two by the Speaker of the House of 
     Representatives; one by the Minority Leader of the House of 
     Representatives. A vacancy on the Board shall be filled 
     within sixty days of said vacancy in the manner in which the 
     original appointment was made, and shall be for the balance 
     of the term of the individual who was replaced. No individual 
     may serve more than two consecutive terms as a Director.
       (c) Chairman.--The Chairman shall be elected by the 
     Board from its members for a two-year term and will not be 
     limited in terms or service.
       (d) Quorum.--A majority of the current membership of the 
     Board shall constitute a quorum for the transaction of 
     business.
       (e) Meetings.--The Board shall meet at the call of the 
     Chairman at least once a year. If a Director misses three 
     consecutive regularly scheduled meetings, that individual may 
     be removed from the Board and the vacancy filled in 
     accordance with subsection 3(b).
       (f) Reimbursement of Expenses.--Members of the Board shall 
     serve without pay, but may be reimbursed for the actual and 
     necessary traveling and subsistence expenses incurred by them 
     in the performance of the duties of the Foundation, subject 
     to the same limitations on reimbursement that are impose upon 
     employees of Federal agencies.
       (g) General Powers.--(1) The Board may complete the 
     organization of the Foundation by--
       (A) appointing officers and employees;
       (B) adopting a constitution and bylaws consistent with the 
     purposes of the Foundation and the provision of this Act. In 
     establishing bylaws under this subsection, the Board shall 
     provide for policies with regard to financial conflicts of 
     interest and ethical standards for the acceptance, 
     solicitation and disposition of donations and grants to the 
     Foundation; and
       (C) undertaking such other acts as may be necessary to 
     carry out the provisions of this Act.
       (2) The following limitations apply with respect to the 
     appointment of officers and employees of the Foundation:
       (A) Officers and employees may not be appointed until the 
     Foundation has sufficient funds to pay them for their 
     service. No individual so appointed may receive pay in excess 
     of the annual rate of basic pay in effect for Executive Level 
     V in the Federal service.
       (B) The first officer or employee appointed by the Board 
     shall be the Secretary of the Board who (i) shall serve, at 
     the direction of the Board, as its chief operating officer, 
     and (ii) shall be knowledgeable and experienced in matters 
     relating to physical fitness and sports.
       (C) No Public Health Service employee nor the spouse or 
     dependent relative of such an employee may serve as an 
     officer or member of the Board of Directors or as an employee 
     of the Foundation.
       (D) Any individual who is an officer, employee, or member 
     of the Board of the Foundation may not (in accordance with 
     the policies developed under subsection 3(g)(1)(B)) 
     personally or substantially participate in the consideration 
     or determination by the Foundation of any matter that would 
     directly or predictably affect any financial interest of the 
     individual or a relative (as such term is defined in section 
     109 (16) of the Ethics in Government Act of 1978) of the 
     individual, of any business organization or other entity, or 
     of which the individual is an officer or employee, or is 
     negotiating for employment, or in which the individual has 
     any other financial interest.

     SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

       (a) In General.--The Foundation--
       (1) shall have perpetual succession;
       (2) may conduct business throughout the several State, 
     territories, and possessions of the United States;
       (3) shall have its principal offices in or near the 
     District of Columbia; and
       (4) shall at all times maintain a designated agent 
     authorized to accept service of process for the Foundation. 
     The serving of notice to, or service of process upon, the 
     agent required under paragraph 4(a)(4), or sailed to the 
     business address of such agent, shall be deemed as service 
     upon or notice to the Foundation.
       (b) Seal.--The Foundation shall have an official seal 
     selected by the Board which shall be judicially noticed.
       (c) Powers.--To carry out its purposes under section 2, and 
     subject to the specific provisions thereof, The Foundation 
     shall have the usual powers of a corporation acting as a 
     trustee in the District of Columbia, including the power--
       (1) except as otherwise provided herein, to accept, 
     receive, solicit, hold, administer and use any gift, devise, 
     or bequest, either absolutely or in trust, of real or 
     personal property or any income therefrom or other interest 
     therein;
       (2) to acquire by purchase or exchange any real or personal 
     property or interest therein;
       (3) unless otherwise required by the instrument of 
     transfer, to sell, donate, lease, invest, reinvest, retain or 
     otherwise dispose of any property or income therefrom.
       (4) to sue and be sued, and complain and defend itself in 
     any court of competent jurisdiction, except for gross 
     negligence;
       (5) to enter into contracts or other arrangements with 
     public agencies and private organizations and persons and to 
     make such payments as may be necessary to carry out its 
     functions; and
       (6) to do any and all acts necessary and proper to carry 
     out the purposes of the Foundation.
       (d) Definitions.--For purposes of this Act, an interest in 
     real property shall be treated as including, among other 
     things, easements or other rights for preservation, 
     conservation, protection, or enhancement by and for the 
     public of natural, scenic, historic, scientific, educational, 
     inspirational or recreational resources. A gift, devise, or 
     bequest may be accepted by the Foundation even though it is 
     encumbered, restricted or subject to beneficial interests of 
     private persons if any current or future interest therein is 
     for the benefit of the Foundation.

     SEC. 5. VOLUNTEER STATUS.

       The Foundation may accept, without regard to the civil 
     service classification laws, rules, or regulations, the 
     services of volunteers in the performance of the functions 
     authorized herein, in the manner provided for under section 
     7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 
     742f(c)).

     SEC. 6. AUDIT, REPORTING REQUIREMENTS AND PETITION TO 
                   ATTORNEY GENERAL FOR EQUITABLE RELIEF.

       (a) Audits.--For purposes of the act entitled ``An Act for 
     audit of accounts of private corporations established under 
     Federal law'', approved August 30, 1964 (Public Law 88-504, 
     36 U.S.C. 1101-1103, the Foundation shall be treated as a 
     private corporation under Federal law. The Inspector General 
     of the Department of Health and Human Services and the 
     Comptroller General of the United States shall have access to 
     the financial and other records of the Foundation, upon 
     reasonable notice.
       (b) Report.--The Foundation shall, as soon as practicable 
     after the end of each fiscal year, transmit to the Secretary 
     of the Department of Health and Human Services and to 
     Congress a report of its proceedings and activities during 
     such year, including a full and complete statement of its 
     receipts, expenditures, and investments.
       (c) Relief With Respect to Certain Foundation Acts or 
     Failure To Act.--If the Foundation:
       (1) engages in, or threatens to engage in, any act, 
     practice or policy that is inconsistent with its purposes set 
     forth in section 2(b); or
       (2) refuses, fails, or neglects to discharge its 
     obligations under this Act, or threaten to do so; the 
     Attorney General of the United States may petition in the 
     United States District Court for the District of Columbia for 
     such equitable relief as may be necessary or appropriate.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are hereby authorized such sums as are necessary to 
     carry out the purposes of this Act, Provided that, such sums 
     are only available to the Foundation for organizational 
     costs.
                                 ______

      By Mr. RIEGLE:
  S. 2395. A bill to designate the United States Federal Building and 
Courthouse in Detroit, Michigan, as the ``Theodore Levin Federal 
Building and Courthouse,'' and for other purposes; to the Committee on 
Environment and Public Works.


     the theodore levin federal building and courthouse act of 1994

 Mr. RIEGLE. Mr. President, I introduce legislation which 
officially designates the U.S. Federal Building and Courthouse in 
Detroit, Michigan, as the ``Theodore Levin Federal Building and 
Courthouse.''
  Theodore Levin was a man of high morals and exemplary dedication. 
Born in Chicago in February 1897, he received a bachelor of law degree 
from the University of Detroit in 1920 and was admitted to the bar.
  In the years that followed, Theodore Levin worked to preserve the 
integrity of the law through his numerous public appointments. In 1933, 
he was selected to serve as special assistant attorney general of 
Michigan to conduct grand jury proceedings relating to the closing of 
Michigan banks. During the Second World War, he was a member of the 
State Selective Service Appeals Board. And, in July 1946, President 
Harry Truman nominated Theodore Levin to the U.S. District Court for 
the Eastern District of Michigan.
  Theodore Levin served the bench with fortitude, distinction, and 
honor. He was recognized and respected for the effort he made to ensure 
unbiased sentencing practices. Adamantly opposed to the disparity he 
saw in sentences given for similar crimes, he developed sentencing 
councils in the Eastern District of Michigan and encouraged groups of 
judges to join. These councils contributed greatly to achieving equity 
in sentencing.
  Throughout his life, Theodore Levin was committed to the good and 
welfare of the community. He offered leadership to the people of 
Detroit in his service at the Detroit Community Fund, the Council of 
Social Agencies, the Big Brother Conference, the United Health and 
Welfare Fund of Michigan, and the Detroit Round Table of Catholics, 
Jews, and Protestants. He served as a member of the board and as 
president for the United Jewish Charities of Detroit, was chairman of 
the executive committee and president of the Jewish Welfare Federation 
of Detroit. Further, he was an active member of the board of trustees 
of the Jewish Publication Society of America, and served on the board 
of the National Council of Jewish Federations.
  Theodore Levin's service was honored in 1961 with a doctor of laws 
degree from Wayne State University, and, in 1970, he was awarded a 
doctorate of humane letters by Hebrew Union College.
  In 1925, he married Rhoda Katzin and together they had three sons a 
daughter. Theodore Levin was a noble man who, until his death in 1970, 
devoted his life to his family and to his work.
  Mr. President, I am pleased to introduce this bill today honoring 
this remarkable man and his life. I urge my colleagues to join me in 
paying tribute to Theodore Levin by moving promptly to enact this bill, 
officially naming Detroit's Federal building and courthouse after 
him.
                                 ______

      By Mr. SHELBY (for himself and Mr. Heflin):
  S. 2397. A bill to designate Building No. 137 of the Tuscaloosa 
Veterans' Medical Center in Tuscaloosa, AL, as the ``Claude Harris, Jr. 
Building''; to the Committee on Veterans' Affairs.


              the claude harris, jr. building act of 1994

 Mr. SHELBY. Mr. President, I introduce legislation that 
designates building No. 137 which will soon be completed at the 
Tuscaloosa Veterans' Medical Center in Tuscaloosa, AL as the Claude 
Harris, Jr. Building. I am jointed by the senior Senator from Alabama.
  My good friend and colleague Claude Harris, who is currently the U.S. 
attorney for the Northern District of Alabama, represented the people 
of the Seventh District of Alabama for three terms in the House of 
Representatives. While in the House, Representative Harris served with 
eminent distinction on the Committee on Veterans' Affairs and became an 
expert on issues that affect both veterans and the Armed Forces.
  Mr. President, I had the pleasure to serve the people of the Seventh 
Congressional District for four terms before being elected to the 
Senate. I was also a member of the Committee on Veterans' Affairs and 
can truly appreciate all that Claude Harris accomplished for veterans 
in Alabama and across America. Claude, who has risen to the rank of 
colonel in the Alabama National Guard, is a true friend of all veterans 
and richly deserves this honor.
                                 ______

      By Mr. EXON.
  S. 2399. A bill to promote railroad safety and enhance interstate 
commerce; to the Committee on Commerce, Science, and Transportation.


               RAILROAD GRADE CROSSING SAFETY ACT OF 1994

 Mr. EXON. Mr. President, I am pleased to introduce the 
Railroad Grade Crossing Safety and Research Act of 1994.
  Most deaths and injuries which occur in the rail industry are as a 
result of trespassers and motorist violation of railroad grade crossing 
laws. About 600 people a year die as a result of railroad crossing 
accidents and about 600 people a year die as a result of trespassing on 
railroad property.
  An automobile and a train collide once about every 90 minutes in the 
United States. In 1992 approximately 2,500 people were either killed or 
seriously injured as a result of railroad grade crossing accidents.
  This is one area of death and injury which is preventable. The bill I 
introduce today is meant to complement the rail safety legislation I 
introduced at the administration's request earlier this year. I intend 
to recommend that the Senate Commerce Committee approve this 
legislation, the Rail Safety Act and rail crossing legislation 
introduced by Senator Danforth earlier this year as a single 
comprehensive rail safety initiative.
  The legislation I introduce today is in response to surface 
transportation hearings I chaired earlier this year. Those hearings 
indicated that although significant progress has been made in reducing 
the number of rail-related deaths, there is still room for improvement, 
especially when it comes to grade crossing safety.
  States and local governments must be encouraged to enforce their laws 
against grade crossing violations and must be encouraged to finally 
close crossings. The split jurisdiction between the Federal Highway 
Administration, the Federal Rail Administration, States, local 
governments, and railroads has led to a gridlock of responsibility. 
This legislation, particularly when combined with the two bills I 
mentioned earlier and the administration's grade crossing safety 
initiative currently before the Senate Public Works Committee will 
shatter that gridlock.
  It is time to make the places where rails meet roads safer for rail 
workers, drivers, pedestrians, and industry. The legislation I 
introduce today has that goal in mind.
  Mr. President, these are the highlights of the Railroad Grade 
Crossing Safety and Research Act. This important legislation: First, 
establishes an Institute for Railroad and Grade Crossing Safety to 
research, study, and test improvements in railroad and grade crossing 
safety devices. There is no clear procedure to test the effectiveness 
of new crossing devices. The Institute will research, develop, fund, 
and test measures for reducing the number of fatalities and injuries in 
rail operations and focus on railroad grade crossing improvements, 
trespassing prevention and enforcement;

  Second, requires the Secretary to coordinate a trespassing and 
vandalism prevention strategy with Federal, State and local governments 
as well as the private sector;
  Third, establishes a maximum $2,500 civil penalty for vandalizing a 
railroad grade crossing device, a maximum $1,000 penalty for 
trespassing on railroad right-of-way, and encourages the railroads to 
warn the public of potential liability to deter illegal and dangerous 
acts;
  Fourth, provides for the establishment of a toll-free 800 number for 
the public to report crossing malfunctions;
  Fifth, prohibits local whistle bans unless certain grade crossing 
improvements or actions have been taken;
  Sixth, requires the Secretary of Transportation to initiate a 
rulemaking on rail car visibility;
  Seventh, makes grade crossing safety, trespass prevention, and 
vandalism prevention Department of Transportation research priorities; 
and
  Eighth, establishes a statewide crossing freeze combined with a 
trade-in program where States are required to trade in up to three old 
crossings for every new crossing built after the effective date of the 
regulations required by this legislation.
  I encourage my colleagues to review this legislation and welcome 
their support.
  Mr. President, I ask unanimous consent that the text of the Railroad 
Grade Crossing Safety and Research Act be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2399

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Railroad Grade Crossing 
     Safety and Research Act of 1994''.

     SEC. 2. INSTITUTE FOR RAILROAD AND GRADE CROSSING SAFETY.

       The Secretary of Transportation (hereinafter Secretary), in 
     conjunction with a university or college having expertise in 
     highway driver and railroad safety, shall establish within 
     one year of enactment of this Act, an Institute for Railroad 
     and Grade Crossing Safety (hereinafter Institute). The 
     Institute shall research, develop, fund, or test measures for 
     reducing the number of fatalities and injuries in rail 
     operations. The Institute shall focus on improvements in 
     railroad grade crossing safety, railroad trespass prevention, 
     prevention of railroad vandalism, and the improved 
     enforcement of laws in such areas. There is hereby authorized 
     to be appropriated an additional $1,000,000 for each of the 
     fiscal years 1996 through 2000 for the Institute, which will 
     make periodic reports to the Secretary of Transportation and 
     the Congress.

     SEC. 3. RAILROAD GRADE CROSSING, TRESPASSING AND VANDALISM 
                   PREVENTION STRATEGY.

       (a) Not later than one year after the date of enactment of 
     this Act, and in consultation with affected parties, the 
     Secretary shall evaluate and review current local, State, and 
     Federal codes regarding trespass on railroad property and 
     vandalism affecting railroad safety and develop model 
     prevention and enforcement codes and enforcement strategies 
     for the consideration of State and local legislatures and 
     governmental entities.
       (b) Within one year of enactment of this Act, the Secretary 
     shall develop and maintain a comprehensive outreach program 
     to improve communications among Federal railroad safety 
     inspectors, Federal Rail Administration-certified State 
     inspectors, railroad police, and State and local law 
     enforcement, for the purpose of addressing trespass and 
     vandalism dangers on railroad property, and strengthening 
     relevant law enforcement strategies. This program shall 
     increase public and police awareness of the legality of, 
     dangers inherent in, and the extent of, trespassing on 
     railroad right-of-way, to develop strategies to improve the 
     prevention of trespass and vandalism, and to improve the 
     enforcement of laws relating to railroad trespsss, vandalism, 
     and grade crossing safety.
       (c) For purposes of this Act, a trespasser is defined as a 
     person who is on that part of railroad property used in 
     railroad operations and whose presence is prohibited, 
     forbidden or unlawful.

     SEC. 4. CIVIL PENALTY FOR VANDALISM.

       Not later than six months after the date of enactment of 
     this Act, the Secretary shall amend the Secretary's 
     regulations under section 202 of the Federal Railroad Safety 
     Act of 1970 (45 U.S.C. 431) to make subject to a civil 
     penalty of up to $5,000 under such Act any person who 
     defaces, disables, damages, vandalizes or commits any act 
     that adversely affects the function of any railroad grade 
     crossing related signal system, sign, gate, device, sensor, 
     or equipment.

     SEC. 5. CIVIL PENALTY FOR TRESPASS ON RAILROAD PROPERTY.

       Not later than six months after the date of enactment of 
     this Act, the Secretary of Transportation shall amend the 
     Secretary's regulations under section 202 of the Federal 
     Railroad Safety Act of 1970 (45 U.S.C. 431) to make 
     subject to a civil penalty of up to $2,500 under such an 
     Act any person who trespasses on a railroad owned or 
     railroad leased right-of-way, road, or bridge.

     SEC. 6. WARNING OF CIVIL LIABILITY.

       The Secretary shall permit and encourage railroads to warn 
     the public about potential Federal civil liability for 
     violations of Federal regulations related to vandalism of 
     railroad crossing related devices, signs, and equipment and 
     trespass on railroad property.

     SEC. 7. WHISTLE BAN PROHIBITION.

       Upon the date of enactment, no State or political 
     subdivision thereof shall impose a whistle ban with respect 
     to any railroad grade crossing or series of railroad grade 
     crossings unless one of the following actions has been taken:
       (a) The affected crossing is closed during the pendency of 
     the ban;
       (b) Crossing gates and median barriers have been installed 
     and are operational at the affected crossing;
       (c) Four quadrant gates have been installed and are in 
     operation at the affected crossing;
       (d) An automated horn system crossing device has been 
     installed; or
       (e) The Federal Rail Administrator has granted specific, 
     time-limited permission for such ban.

     SEC. 8. RAIL CAR VISIBILITY.

       (a) The Secretary shall conduct a review of the Department 
     of Transportation's rules with respect to rail car 
     visibility. As part of this review, the Secretary shall 
     collect relevant data from operational experience of 
     railroads having enhanced visibility measures in service.
       (b) Not later than June 30, 1996, the Secretary shall 
     initiate a rulemaking proceeding to issue regulations 
     requiring substantially enhanced visibility standards for 
     newly manufactured and remanufactured rail cars. In such 
     rulemaking proceedings the Secretary shall consider at a 
     minimum--
       (1) visibility from the perspective of automobile drivers;
       (2) whether certain rail car paint colors should be 
     prohibited or required;
       (3) the use of reflective materials;
       (4) the visibility of lettering on rail cars;
       (5) the effect of any enhanced visibility measures on the 
     health and safety of train crew members; and
       (6) the ratio of cost to benefit of any new regulations.
       (c) In issuing regulations under paragraph (b), the 
     Secretary may exclude from any specific visibility 
     requirement any category of trains or rail operations if the 
     Secretary determines that such an exclusion is in the public 
     interest and is consistent with rail safety including 
     railroad grade crossing safety.
       (d) As used in this subsection, the term ``railcar 
     visibility'' means the enhancement of driver, pedestrian, and 
     railroad worker ability to observe trains consistent with 
     public safety with particular consideration of enhancing 
     safety at railroad grade crossings.

     SEC. 9. STATEWIDE RAILROAD GRADE CROSSING FREEZE.

       Not later than two years after the date of enactment of 
     this Act, the Secretary shall initiate a rulemaking 
     proceeding to issue regulations which:
       (a) impose a freeze on the total number of railroad grade 
     crossings in each State of the United States of America;
       (b) after the effective date of the regulation require any 
     new railroad grade crossing opening to receive the specific 
     approval of the Federal Rail Administrator;
       (c) require that unless otherwise in the public interest, 
     or necessary to facilitate interstate commerce, three 
     existing railroad grade crossings be closed in the requesting 
     State for each new railroad grade crossing opened after the 
     effective date of this regulation.
       (d) permit the Federal Rail Administrator to waive the 
     application of this regulation once a State has achieved 
     significant and sufficient reductions in the total number 
     railroad grade crossings or has an optimal number of railroad 
     grade crossings for the entire State.

     SEC. 10. RESEARCH PRIORITIES.

       The Secretary of Transportation shall incorporate the 
     enhancement of railroad grade crossing safety, the prevention 
     of trespassing on railroad property, and the prevention of 
     vandalism to railroad grade crossing safety devices, signs, 
     and equipment into the research, technology development, and 
     testing priorities of the Department of Transportation. In 
     carrying out activities authorized by this Act, the Secretary 
     shall consult with such other governmental agencies 
     concerning the availability and affordability of appropriate 
     technologies, especially defense related technologies for 
     application to railroad crossing safety, trespass and 
     vandalism prevention and other rail safety initiatives.

     SEC. 11. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.

       Toll Free Telephone Number.--The Secretary of 
     Transportation shall designate not later than one year after 
     the date of enactment of this Act, and thereafter maintain an 
     emergency notification system utilizing a toll free ``800'' 
     telephone number that can be used by the public to convey to 
     railroads, either directly or through public safety 
     personnel, information about malfunctions or other safety 
     problems at railroad-highway grade crossings.

                          ____________________