[Congressional Record Volume 143, Number 27 (Wednesday, March 5, 1997)]
[Senate]
[Pages S1984-S1987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY:
  S. 398. A bill to amend title 49, United States Code, to require the 
use of child restraint systems approved by the Secretary of 
Transportation on commercial aircraft, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.


                 airline children's safety legislation

 Mrs. MURRAY. Mr. President I introduce legislation that would 
protect our Nation's small children as they travel on aircraft. We 
currently have Federal regulations that require the safety of 
passengers on commercial flights. However, neither flight attendants 
nor an infant's parents can protect unrestrained infants in the event 
of an airline accident or severe turbulence. A child on a parent's lap 
will likely break free from the adult's arms as a plane takes emergency 
action or encounters extreme turbulence.
  This child then faces two serious hazards. First, the child may be 
injured as they strike the aircraft interior. Second, the parents may 
not be able to find the infant after a crash. The United Sioux City, 
IA, crash provides one dark example. On impact, no parent was able to 
hold on to her-his child. One child was killed when he flew from his 
mother's hold. Another child was rescued from an overhead compartment 
by a stranger.

[[Page S1985]]

  In July 1994, during the fatal crash of a USAir plane in Charlotte, 
NC, another unrestrained infant was killed when her mother could not 
hold onto her on impact. The available seat next to the mother survived 
the crash intact. The National Transportation Safety Board believes 
that had the baby been secured in the seat, she would have been alive 
today. In fact, in a FAA study on accident survivability, the agency 
found that of the last nine infant deaths, five could have survived had 
they been in child restraint devices.
  Turbulence creates very serious problems for unrestrained infants. In 
four separate incidences during the month of June, passengers and 
flight attendants were injured when their flights hit sudden and 
violent turbulence. In one of these, a flight attendant reported that a 
baby seated on a passenger's lap went flying through the air during 
turbulence and was caught by another passenger. This measure is 
endorsed by the National Transportation Safety Board and the Aviation 
Consumer Action Project.
  We must protect those unable to protect themselves. Just as we 
require seatbelts, motorcycle helmets, and car seats, we must mandate 
restraint devices that protect our youngest citizens. I urge my 
colleagues to support this legislation that ensures our kids remain 
passengers and not victims.
  Mr. President, I ask unanimous consent that the text 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. 398

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

     SECTION 1. CHILD SAFETY RESTRAINT SYSTEMS ON COMMERCIAL 
                   AIRCRAFT.

       (a) In General.--Chapter 447 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 44725. Child safety restraint systems

       ``(a) In General.--Not later than 90 days after the date of 
     enactment of this section, the Secretary of Transportation 
     shall issue regulations requiring the use of child safety 
     restraint systems that have been approved by the Secretary on 
     any aircraft operated by an air carrier in providing 
     interstate air transportation, intrastate air transportation, 
     or foreign air transportation.
       ``(b) Age or Weight Limits.--The regulations issued under 
     this section shall establish age or weight limits for 
     children who use the child safety restraint systems.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     447 of title 49, United States Code, is amended by adding at 
     the end the following new item:

``44725. Child safety restraint systems.''.

     SEC. 2. INTERNATIONAL STANDARD.

       It is the sense of Congress that the United States 
     representative to the International Civil Aviation 
     Organization should seek an international standard to require 
     that passengers on a civil aviation aircraft be restrained--
       (1) on takeoff and landing; and
       (2) when directed by the captain of such aircraft.
      By Mr. McCAIN:

  S. 399. A bill to amend the Morris K. Udall Scholarship and 
Excellence in National Environmental and Native American Public Policy 
Act of 1992 to establish the U.S. Institute for Environmental Conflict 
Resolution to conduct environmental conflict resolution and training, 
and for other purposes; to the Committee on Environment and Public 
Works.


      THE ENVIRONMENTAL POLICY AND CONFLICT RESOLUTION ACT OF 1997

 Mr. McCAIN. Mr. President, I introduce legislation to promote 
fair, timely and efficient resolution of our Nation's environmental 
disputes.
  This bill would establish, within the Morris K. Udall Foundation, the 
United States Institute for Environmental Conflict Resolution. The 
institute would offer alternative dispute resolution services, 
including assessment, mediation, and other related services, to 
facilitate parties in resolving environmental disputes without 
resorting to protracted and costly litigation in the courts. I ask 
unanimous consent that a summary of the legislation be included in the 
Record at the conclusion of my statement.
  This legislation simply gives the Udall Foundation the means to do 
what Congress asked it to do 5 years ago. When the Udall Foundation was 
established in 1992, it was charged with the task of establishing a 
program for environmental dispute resolution. Since then, the 
foundation has sponsored seminars and workshops on conflict resolution. 
But it has lacked the funding and explicit direction that would enable 
it to run a program that could provide conflict resolution services. 
This bill provides both the direction and the authorization for 
funding.
  It is particularly fitting that an institute devoted to environmental 
conflict resolution would operate under the auspices of the Udall 
Foundation. Morris K. Udall's career was distinguished by his 
integrity, service, and commitment to consensus-building.
  I had the distinct pleasure of working with Mo Udall on one of his 
greatest legislative achievements--the Arizona Wilderness Act. That act 
protects 2.5 million acres in the Arizona wilderness in perpetuity and 
was passed thanks, in large part, to Mo Udall's efforts to achieve 
consensus within the Arizona delegation.
  Using Mo Udall's success in passing the Arizona Wilderness Act as its 
model, the U.S. Environmental Conflict Resolution Institute at the 
Udall Foundation would seek to promote our nation's environmental 
policy objectives by reaching out to achieve consensus rather than 
pursuing resolution through adversarial processes.
  Mr. President, over 5,000 Federal court decisions on environmental 
litigation have been handed down in the past two decades. Today, some 
400 to 500 environmental lawsuits are filed each year in Federal 
courts. In its 16th annual report, the Council on Environmental Quality 
estimated that fully 85 percent of Environmental Protection Agency 
regulations are challenged at some time in the courts, either by groups 
that find the rules too stringent or by groups that believe them to be 
too lax. In short, resorting to the courts is all too common in 
disputes over environmental issues.

  This bill seeks to move our Nation away from this litigious trend by 
providing an alternative conflict resolution process. This process is 
intended to preclude the need for lawsuits by engaging the parties in 
professionally mediated discussions. It could also be used as a 
solution of last resort, if the parties agreed to put aside litigation 
already filed in the courts and instead utilize the services of the 
institute.
  The benefits to be gained by the Federal Government through a 
national environmental dispute resolution program include more than 
litigation cost savings. Delay associated with litigation can also 
prevent the timely enforcement of our environmental laws.
  For more than ten years, I have been working to promote safety and 
quiet in Grand Canyon National Park. This issue, as well as any other, 
exemplifies how alternative dispute resolution could perhaps help us 
achieve national environmental policy objectives far better than 
litigation.
  In 1987, legislation I authored to promote safety and provide for the 
substantial restoration of natural quiet in the Grand Canyon was signed 
into law. Ten years later, the Federal Aviation Administration [FAA] 
this year issued a final rule on overflights over the Grand Canyon. 
This rule was scheduled to go into effect on May 1, 1997. However, 
despite the substantial time and effort that both the FAA and the 
National Park Service have put into this rulemaking, including 
consultations with many outside interests, lawsuits have now been filed 
challenging the rule and delaying its implementation.
  Mr. President, I do not mention this to criticize those who have 
exercised their right to file suit in the Grand Canyon overflights 
matter. I refer to this situation because it concerns me that 
protecting the Grand Canyon could be significantly delayed through 
litigation, when the parties might reach a more timely and mutually 
acceptable resolution if they were provided an opportunity to work 
through their differences in a nonadversarial forum. The institute 
created by this legislation would provide an alternative to litigation 
in this and similar situations and create an opportunity for more 
constructive problem-solving and effective policymaking.
  One hundred twenty-six years ago, Abraham Lincoln wisely counseled:

       Discourage litigation, persuade your neighbor to compromise 
     whenever you can. Point out to them how the nominal winner is 
     often the real loser in fees, expenses, and waste of time.

  That advice could not be more sound today as we seek to resolve our 
Nation's environmental conflicts and to

[[Page S1986]]

promote timely and effective implementation of laws and regulations to 
protect and preserve our natural environment.
  I am pleased that the Council on Environmental Quality has registered 
their support for the goals and concepts in this bill. In addition, the 
Udall Foundation, the Grand Canyon Trust, the National Parks and 
Conservation Association, Friends of the Earth, and Trout Unlimited 
have given their support to this effort. I ask unanimous consent that 
copies of support letters from these groups be included in the Record.
  I urge my colleagues to join me and support this legislation that 
would bring common sense and efficiency to the resolution of our 
Nation's environmental disputes.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

        Environmental Policy and Conflict Resolution Act of 1997

       Purpose: To establish, within the Morris K. Udall 
     Foundation, the United States Institute for Environmental 
     Conflict Resolution to assist in implementing national 
     environmental policy. The Institute would provide alternative 
     dispute resolution services, including assessment, mediation, 
     and other services, to facilitate resolving environmental 
     disputes without litigation.
       Bill authorizes use of the Institute by Federal agencies:
       Federal agencies could use the Institute's conflict 
     resolution services for a fee.
       Bill creates a revolving fund to:
       Fund operations and fully support the Institute through a 
     one-time $3 million appropriation.
       Receive fees from parties using the Institute's services.
       Supplement an annual appropriation for a five-year period 
     beginning in 1998.
       The Council on Environmental Quality would:
       Receive notification when a federal agency requests to use 
     the Institute's services.
       Concur in any request to use the Institute's services for 
     interagency dispute resolution.
       The Institute would be under the Udall Foundation because:
       One purpose for which the Udall Foundation was established 
     in 1992 was to establish a program for environmental conflict 
     resolution.
       The Udall Foundation has hosted seminars, workshops and 
     research related to environmental dispute resolution but, has 
     lacked funding to provide mediation services.
       Conflict resolution and consensus building were major 
     themes of Udall's thirty year public career as a member of 
     the House of Representatives.
                                  ____


                   S. 399--Section-by-Section Summary

       Section 1: Short title--``The Environmental Policy and 
     Conflict Resolution Act of 1997''.
       Section 2: Definition of Terms.
       Section 3: Adds the Chair of the Council on Environmental 
     Quality as an ex officio non-voting member of the Udall 
     Foundation Board.
       Section 4: Bill Purpose: To establish as part of the Udall 
     Foundation the U.S. Institute for Environmental Conflict 
     Resolution (Institute) to assist the Federal Government in 
     implementing national environmental policy.
       The Institute would provide assessment, mediation and other 
     related services to resolve environmental disputes involving 
     agencies and instrumentalities of the United States.
       Section 5: Authorizes the Udall Foundation to establish the 
     Institute and provide assessment, mediation, and other 
     alternative dispute resolution services.
       Section 6: Revolving Fund:
       Creates a Revolving Fund for the Institute to operate. The 
     revolving fund would be administered by the Udall Foundation 
     and would be maintained separately from the Trust Fund 
     established for scholarships awarded by the Udall Foundation.
       Section 7: Use of the Institute by a Federal Agency:
       Authorizes use of the Institute by a federal agency which 
     may enter into a contract to expend funds for the use of the 
     Institute's services. Any funds spent by an agency on the 
     Institute would go into the Revolving Fund.
       Requires concurrence by the Council on Environmental 
     Quality (CEQ) for two agencies to seek to resolve a dispute 
     at the Institute. CEQ would be notified of any agency request 
     to use the Institute's services.
       Section 8: Authorization of Appropriations:
       Authorizes a one-time appropriation of $3 million to the 
     Revolving Fund for fiscal year 1998 and $2.1 million in 
     appropriations over a 5 year period beginning in 1998 to 
     fully operate the Institute.
       The Revolving Fund would be replenished by fees from 
     parties using the Institute's services.
       Section 9: Conforming amendments.
                                  ____

         Executive Office of the President, Council on 
           Environmental Quality
                                    Washington, DC, March 5, 1997.
     Hon. John McCain,
     U.S. Senate,
     Washington, DC.
       Dear Senator McCain: Thank you for requesting the 
     Administration's views on your draft legislation entitled the 
     ``Environmental Policy and Conflict Resolution Act of 1997.''
       The legislation represents a commendable effort to assist 
     private entities and government in resolving environmental 
     and natural resource conflicts by expanding the range of 
     services available from the Morris K. Udall Foundation to 
     include resolution of disputes involving federal agencies. 
     The Administration supports the concepts and goals embodied 
     in your legislation. However, the Administration needs to 
     complete its review of the bill language prior to providing a 
     comprehensive Administration position. We expect to provide 
     additional comments on the bill in the near future.
       As you know, last September, the President awarded the 
     Medal of Freedom to Congressman Udall. The President's 
     remarks at the time bear repeating:
       ``During a remarkable 30-year career, Morris Udall was a 
     quiet giant of the Congress. Warm, funny, and intelligent, he 
     was truly a man of the center, who forged consensus by 
     listening to others and by reasoned argument. His landmark 
     achievements--such as reforming campaign finance, preserving 
     our forests, safeguarding the Alaskan wilderness, and 
     defending the rights of Native Americans--were important 
     indeed. But he distinguished himself above all as a man to 
     whom others--leaders--would turn for judgment, skill, and 
     wisdom. Mo Udall is truly a man for all seasons and a role 
     model for what is best in American democracy.''
       It is entirely fitting to ask the institution established 
     by Congress in Congressman Udall's name to help with the hard 
     job of helping people solve their disagreements over the 
     lands, waters, and resources we all share and must steward 
     responsibly. This Administration has made every effort to 
     break down the barriers between government and citizens. 
     Voluntary mechanisms to enhance communication and 
     understanding within government and between agencies and the 
     people they serve can assist meaningfully in this regard.
       I appreciate your willingness to incorporate provisions 
     that recognize the important dispute resolution purposes of 
     the National Environmental Policy Act and the inter-agency 
     coordination function of the President's Council on 
     Environmental Quality.
       The Administration would be pleased to work with you as 
     your legislation proceeds.
           Sincerely,
                                              Kathleen A. McGinty,
     Chair.
                                  ____

         National Parks and Conservation Association, Friends of 
           the Earth,
                                                    March 5, 1997.
     Hon. John McCain,
     U.S. Senate, Russell Office Building, Washington, DC.
       Dear Senator McCain: The National Parks and Conservation 
     Association and Friends of the Earth are pleased to endorse 
     the concept of a U.S. Institute for Environmental Conflict 
     Resolution, the subject of legislation you intend to 
     introduce on March 5.
       Resolving environmental disputes before they reach the 
     litigation stage is a goal we strongly support. Your 
     legislation would enable federal agencies to solve disputes 
     among themselves or with other non-federal parties by using 
     the institute's staff for mediation and other services.
       In general, we believe litigation should be the last resort 
     in enforcing or upholding our environmental laws, provided 
     that negotiated agreements clearly adhere to statutory 
     mandates. We also believe negotiated solutions, in general, 
     allow disputants more creativity and flexibility to solve 
     problems and issues in cost effective ways.
       Many environmental disputes, including those involving our 
     national parks, could be resolved by good-faith negotiations 
     led by an honest broker. The unfolding case of buffalo 
     management in Yellowstone is a case in point. Here, a lawsuit 
     filed by Montana against two federal agencies has 
     precipitated the killing of almost one third of Yellowstone's 
     buffalo herd. A court order is driving the slaughter. 
     Although this wildlife tragedy is abhorred by all of the 
     parties involved, collectively they did nothing effective to 
     prevent it. In retrospect, it is clear that the slaughter 
     might have been avoided had the parties committed themselves 
     to good faith negotiations years ago when the issue first 
     emerged.
       Thank you for your leadership on environmental issues 
     generally and for your constructive approach to conflict 
     resolution.
           Sincerely,
     Paul C. Pritchard,
       President, National Parks and Conservation Association.
     Brent Blackwelder,
       President, Friends of the Earth.
                                  ____



                                              Trout Unlimited,

                                    Washington, DC, March 5, 1997.
     Hon. John McCain,
     U.S. Senate, Russell,
     Washington, DC.
       Dear Senator McCain: On behalf of Trout Unlimited's 95,000 
     members nationwide, I am

[[Page S1987]]

     writing to support the bill that you intend to introduce 
     today. The bill would amend the Morris K. Udall Scholarship 
     and Excellence in National Environmental and Native American 
     Public Policy Act of 1992 by establishing a new environmental 
     conflict resolution program within the Morris K. Udall 
     Foundation. We believe the new conflict resolution program 
     holds great promise for resolving the intractable 
     environmental disputes that continue to plague federal 
     natural resources agencies and other interests involved with 
     federal environmental laws.
       The mission of Trout Unlimited is to conserve, protect and 
     restore North America's trout and salmon resources and the 
     watersheds on which they depend. Our work often takes us into 
     difficult environmental conflicts involving many federal 
     agencies. Over the past two decades, we have been deeply 
     involved in disputes regarding implementation of the 
     Endangered Species Act, the Clean Water Act, and the federal 
     land management laws, in which federal agencies have had very 
     difficult conflicts. Failure to resolve these conflicts in a 
     timely fashion has adversely affected trout and salmon 
     resources. We are particularly hopeful that the new 
     interagency conflict resolution mechanism proposed by your 
     bill will yield a new and better way of resolving these 
     disputes.
       We salute your authorship of the bill and look forward to 
     working with you to get it enacted.
           Sincerely,
                                                      Steve Moyer,
     Director, Government Affairs.
                                  ____



                                   Morris K. Udall Foundation,

                                        Tucson, AZ, March 3, 1997.
     Hon. John McCain,
     U.S. Senate, Senate Office Building, Washington, DC.
       Dear Senator McCain: It gives me great pleasure as Chairman 
     of the Board of Trustees of the Morris K. Udall Scholarship 
     and Excellence in National Environmental Policy Foundation to 
     inform you that the trustees unanimously and enthusiastically 
     endorse your unique concept for the creation of the United 
     States Institute for Environmental Dispute Resolution as part 
     of the Udall Foundation.
       As you know, federal agencies have been increasingly 
     involved in environmental disputes as parties to lawsuits 
     based upon their regulatory actions. Continuing to wage these 
     conflicts in the costly and time-consuming arena of the 
     courts drains federal resources and can serve to delay 
     federal actions to protect the environment. Alternative forms 
     of environmental conflict resolution for federal agencies are 
     needed to prevent these and other adverse effects associated 
     with protracted litigation.
       Since it began in May 1995, the Udall Foundation has worked 
     to create a national environmental conflict resolution 
     program, as directed in its authorizing legislation. The 
     Foundation has sponsored workshops and seminars on 
     environmental conflict resolution and has begun funding 
     several research projects.
       On April 4-5, 1997, the Foundation will host 
     ``Environmental Conflict Resolution in the West'' in Tucson, 
     Arizona. This will be the largest gathering of its kind. 
     Several hundred people from around the country, including 
     professional mediators, facilitators, researchers, and 
     federal, state and local agency officials are expected to 
     attend this conference to discuss alternative approaches to 
     environmental dispute resolution and collaborative problem 
     solving.
       Despite these efforts, the Foundation has lacked the 
     funding to directly pursue conflict resolution by providing 
     mediation and other services to resolve environmental 
     disputes. The legislation you are introducing will finally 
     enable the Foundation to provide a program to conduct 
     environmental conflict resolution at the national level.
       We believe that your legislation will allow the Foundation, 
     through the U.S. Institute for Environmental Conflict 
     Resolution, to make a positive impact on the cost and pace of 
     environmental dispute resolution for years to come. The 
     Foundation is prepared to do all it can to establish a 
     program committed to helping to resolve these conflicts 
     fairly and as efficiently as possible.
           Sincerely,
                                                Terrence L. Bracy,
     Chairman.
                                  ____



                                           Grand Canyon Trust,

                                    Washington, DC, March 4, 1997.
     Hon. John McCain,
     U.S. Senate,
     Washington, DC.
       Dear Senator McCain: On behalf of the Trustees of the Grand 
     Canyon Trust, a conservation organization dedicated to the 
     conservation of the Grand Canyon and Colorado Plateau, I am 
     pleased to endorse and offer our support for your bill 
     creating the United States Institute for Environmental 
     Conflict Resolution.
       The Trust has long held that many conflicts that arise from 
     differences between parties regarding environmental policy 
     and regulation could best be solved through mediation and 
     alternative dispute resolution rather than in courts of law. 
     Too often the will of the American public to protect our 
     natural resources and ecological treasures is lost amid 
     posturing and polarization by parties embroiled in conflict 
     over environmental issues. We believe that your legislation 
     will enable the United States Institute for Environmental 
     Conflict Resolution to actively mediate and conduct 
     environmental conflict resolution in a positive, constructive 
     manner.
       The Grand Canyon Trust pledges to work in concert with the 
     Morris K. Udall Foundation and the United States Institute 
     for Environmental Conflict Resolution in every possible way 
     to support and ensure its success. Thank you again for your 
     vision and leadership on this difficult issue.
           Sincerely,
                                              Geoffrey S. Barnard,
     President.
                                  ____



                                   Morris K. Udall Foundation,

                                     Tucson, AZ, January 17, 1997.
     Hon. John McCain,
     U.S. Senate,
     Washington, DC.
       Dear Senator McCain: I am pleased to report that the Board 
     of Trustees of the Morris K. Udall Foundation has unanimously 
     endorsed your proposal to create an institution for 
     environmental conflict resolution within our jurisdiction. 
     The board reviewed in detail both the concept and the 
     financials and is in agreement with the draft bill provided 
     by your staff.
       The board expressed tremendous enthusiasm for your concept 
     and we look foward to helping in any way that you wish.
       Attached is the resolution that was passed.
           Sincerely,
                                                Terrence L. Bracy,
                                                         Chairman.
       Enclosure.

                               Resolution

       The Board of Trustees of the Morris K. Udall Scholarship 
     and Excellence in National Environmental Policy Foundation 
     commends Arizona Senator John McCain for his originality and 
     initiative in introducing a bill to establish the United 
     States Institute for Environmental Conflict Resolution as 
     part of the Udall Foundation.
       The Trustees enthusiastically endorse this unique concept 
     to contract with other Federal agencies to resolve disputes 
     or conflicts related to the environment, public lands or 
     natural resources and congratulate Senator McCain for 
     recognizing the need for such an entity.
                                 ______