[Congressional Record Volume 144, Number 96 (Friday, July 17, 1998)]
[House]
[Pages H5823-H5826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
             INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1999

  The SPEAKER pro tempore. Pursuant to House Resolution 501 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 4194.

                              {time}  1320


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 4194) making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 1999, and for other purposes, 
with Mr. Hulshof (Chairman pro tempore) in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. When the Committee of the Whole House rose 
earlier today, the bill had been read through page 52, line 2.
  The Clerk will read.
  The Clerk read as follows:


                        CDBG PUBLIC SERVICES CAP

       Sec. 209. Section 105(a)(8) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5305(a)(8)) is amended by 
     striking ``1998'' and inserting ``1999''.

                    TITLE III--INDEPENDENT AGENCIES

                  American Battle Monuments Commission


                         Salaries and Expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one for replacement only) and 
     hire of passenger motor vehicles; and insurance of official 
     motor vehicles in foreign countries, when required by law of 
     such countries; $26,431,000, to remain available until 
     expended: Provided, That where station allowance has been 
     authorized by the Department of the Army for officers of the 
     Army serving the Army at certain foreign stations, the same 
     allowance shall be authorized for officers of the Armed 
     Forces assigned to the Commission while serving at the same 
     foreign stations, and this appropriation is hereby made 
     available for the payment of such allowance: Provided 
     further, That when traveling on business of the Commission, 
     officers of the Armed Forces serving as members or as 
     Secretary of the Commission may be reimbursed for expenses as 
     provided for civilian members of the Commission: Provided 
     further, That the Commission shall reimburse other Government 
     agencies, including the Armed Forces, for salary, pay, and 
     allowances of personnel assigned to it.

             Chemical Safety and Hazard Investigation Board


                         salaries and expenses

       For necessary expenses in carrying out activities pursuant 
     to section 112(r)(6) of the Clean Air Act, as amended, 
     including hire of passenger vehicles, and for services 
     authorized by 5 U.S.C. 3109, but at rates for individuals not 
     to exceed the per diem equivalent to the maximum rate payable 
     for senior level positions under 5 U.S.C. 5376, $6,500,000: 
     Provided, That the Chemical Safety and Hazard Investigation 
     Board shall have not more than three career Senior Executive 
     Service positions.

                       Department of the Treasury

              Community Development Financial Institutions


              community development financial institutions

                          fund program account

       For grants, loans, and technical assistance to qualifying 
     community development lenders, and administrative expenses of 
     the Fund, including services authorized by 5 U.S.C. 3109, but 
     at rates for individuals not to exceed the per diem rate 
     equivalent to the rate for ES-3, $80,000,000, to remain 
     available until September 30, 2000, of which $12,000,000 may 
     be used for the cost of direct loans, and up to $1,000,000 
     may be used for administrative expenses to carry out the 
     direct loan program: Provided, That the cost of direct loans, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That these funds are available to 
     subsidize gross obligations for the principal amount of 
     direct loans not to exceed $32,000,000: Provided further, 
     That not more than $25,000,000 of the funds made available 
     under this heading may be used for programs and activities 
     authorized in section 114 of the Community Development 
     Banking and Financial Institutions Act of 1994.

                   Consumer Product Safety Commission


                         Salaries and Expenses

       For necessary expenses of the Consumer Product Safety 
     Commission, including hire of passenger motor vehicles, 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable under 5 U.S.C. 5376, purchase of nominal 
     awards to recognize non-Federal officials' contributions to 
     Commission activities, and not to exceed $500 for official 
     reception and representation expenses, $46,000,000. No funds 
     shall be expended in promulgating a Notice of Proposed 
     Rulemaking or Final Rule under the Flammable Fabrics Act, 
     which could directly or indirectly lead to increased chemical 
     treatment of upholstery fabrics, unless the published Notice 
     of Proposed Rulemaking or Final Rule includes the final 
     recommendations of the Chronic Hazard Advisory Panel.

             Corporation for National and Community Service

                national and community service programs


                           operating expenses

       Of the funds appropriated under this heading in Public Law 
     105-65, the Corporation for National and Community Service 
     shall use such amounts of such funds as may be necessary to 
     carry out the orderly termination of (1) the programs, 
     activities, and initiatives under the National and Community 
     Service Act of 1990 (Public Law 103-82); the Corporation; and 
     (3) the Corporation's Office of Inspector General: Provided, 
     That such sums shall be utilized to resolve all 
     responsibilities and obligations in connection with said 
     Corporation and the Corporation's Office of Inspector 
     General.

                       Court of Veterans Appeals


                         Salaries and Expenses

       For necessary expenses for the operation of the United 
     States Court of Veterans Appeals as authorized by 38 U.S.C. 
     sections 7251-7298, $10,195,000, of which $865,000, shall be 
     available for the purpose of providing financial assistance 
     as described, and in accordance with the process and 
     reporting procedures set forth, under this heading in Public 
     Law 102-229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                         Salaries and Expenses

       For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     including the purchase of one passenger motor vehicle for 
     replacement only, and not to exceed $1,000 for official 
     reception and representation expenses, $11,666,000, to remain 
     available until expended.

                    Environmental Protection Agency


                         Science and Technology

       For science and technology, including research and 
     development activities, which shall include research and 
     development activities under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (CERCLA), 
     as amended; necessary expenses for personnel and related 
     costs and travel expenses, including uniforms, or allowances 
     therefore, as authorized by 5 U.S.C. 5901-5902; services as 
     authorized by 5 U.S.C. 3109, but at rates for individuals not 
     to exceed the per diem rate equivalent to the maximum rate 
     payable for senior level positions under 5 U.S.C. 5376; 
     procurement of laboratory equipment and supplies; other 
     operating expenses in support of research and development; 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project, 
     $656,505,000, which shall remain available until September 
     30, 2000: Provided, That the obligated balance of such sums 
     shall remain available through September 30, 2007 for 
     liquidating obligations made in fiscal years 1999 and 2000.


                 Environmental Programs and Management

        For environmental programs and management, including 
     necessary expenses, not otherwise provided for, for personnel 
     and related costs and travel expenses, including uniforms, or 
     allowances therefore, as authorized by 5 U.S.C. 5901-5902; 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable for senior level positions under 5 
     U.S.C. 5376; hire of passenger motor vehicles; hire, 
     maintenance, and operation of aircraft; purchase of reprints; 
     library memberships in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members; construction, 
     alteration, repair, rehabilitation, and renovation of 
     facilities, not to exceed $75,000 per project; and not to 
     exceed $6,000 for official reception and representation 
     expenses, $1,856,000,000, which shall remain available until 
     September 30, 2000: Provided, That the obligated balance of 
     such

[[Page H5824]]

     sums shall remain available through September 30, 2007 for 
     liquidating obligations made in fiscal years 1999 and 2000: 
     Provided further, That none of the funds appropriated by this 
     Act shall be used to develop, propose, or issue rules, 
     regulations, decrees, or orders for the purpose of 
     implementation, or in contemplation of implementation, of the 
     Kyoto Protocol which was adopted on December 11, 1997, in 
     Kyoto, Japan at the Third Conference of the Parties to the 
     United Nations Framework Convention on Climate Change, which 
     has not been submitted to the Senate for advice and consent 
     to ratification pursuant to article II, section 2, clause 2, 
     of the United States Constitution, and which has not entered 
     into force pursuant to article 25 of such Protocol: Provided 
     further, That none of the funds made available in this Act 
     may be used to implement or administer the interim guidance 
     issued on February 5, 1998 by the Environmental Protection 
     Agency relating to title VI of the Civil Rights Act of 1964 
     and designated as the ``Interim Guidance for Investigating 
     Title VI Administrative Complaints Challenging Permits'' with 
     respect to complaints filed under such title after the date 
     of enactment of this Act and until guidance is finalized. 
     Nothing in the above proviso may be construed to restrict the 
     Environmental Protection Agency from developing or issuing 
     final guidance relating to title VI of the Civil Rights Act 
     of 1964.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, and for construction, alteration, 
     repair, rehabilitation, and renovation of facilities, not to 
     exceed $75,000 per project, $31,154,000, to remain available 
     until September 30, 2000: Provided, That the obligated 
     balance of such sums shall remain available through September 
     30, 2007 for liquidating obligations made in fiscal years 
     1999 and 2000.


                        Buildings and Facilities

       For construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of, 
     or for use by, the Environmental Protection Agency, 
     $60,948,000, to remain available until expended.


                     Hazardous Substance Superfund

                     (including transfers of funds)

       For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended, including sections 111(c)(3), 
     (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project; 
     not to exceed $1,500,000,000, consisting of $650,000,000 as 
     appropriated under this heading in Public Law 105-65, 
     notwithstanding the second proviso under this heading of said 
     Act, and not to exceed $850,000,000 (of which $100,000,000 
     shall not become available until September 1, 1999), all of 
     which is to remain available until expended, consisting of 
     $1,175,000,000, as authorized by section 517(a) of the 
     Superfund Amendments and Reauthorization Act of 1986 (SARA), 
     as amended by Public Law 101-508, and $325,000,000 as a 
     payment from general revenues to the Hazardous Substance 
     Superfund for purposes as authorized by section 517(b) of 
     SARA, as amended by Public Law 101-508: Provided, That funds 
     appropriated under this heading may be allocated to other 
     Federal agencies in accordance with section 111(a) of CERCLA: 
     Provided further, That $12,237,000 of the funds appropriated 
     under this heading shall be transferred to the ``Office of 
     Inspector General'' appropriation to remain available until 
     September 30, 2000: Provided further, That notwithstanding 
     section 111(m) of CERCLA or any other provision of law, 
     $74,000,000 of the funds appropriated under this heading 
     shall be available to the Agency for Toxic Substances and 
     Disease Registry to carry out activities described in 
     sections 104(i), 111(c)(4), and 111(c)(14) of CERCLA and 
     section 118(f) of SARA: Provided further, That $40,000,000 of 
     the funds appropriated under this heading shall be 
     transferred to the ``Science and Technology'' appropriation 
     to remain available until September 30, 2000: Provided 
     further, That $75,000,000 of the funds appropriated under 
     this heading shall be available only for grants to State, 
     local, and tribal governments for ``Brownfields'' site 
     assessment projects; grants to State, local, and tribal 
     governments for the development of State, local, and tribal 
     cleanup programs; and related Environmental Protection Agency 
     personnel and administrative expenses: Provided further, That 
     none of the funds appropriated under this heading shall be 
     available for the Agency for Toxic Substances and Disease 
     Registry to issue in excess of 40 toxicological profiles 
     pursuant to section 104(i) of CERCLA during fiscal year 1999.


              Leaking Underground Storage Tank Trust Fund

       For necessary expenses to carry out leaking underground 
     storage tank cleanup activities authorized by section 205 of 
     the Superfund Amendments and Reauthorization Act of 1986, and 
     for construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project, 
     $70,000,000, to remain available until expended: Provided, 
     That hereafter, the Administrator is authorized to enter into 
     assistance agreements with Federally recognized Indian tribes 
     on such terms and conditions as the Administrator deems 
     appropriate for the same purposes as are set forth in section 
     9003(h)(7) of the Resource Conservation and Recovery Act.


                           oil spill response

                     (including transfer of funds)

       For expenses necessary to carry out the Environmental 
     Protection Agency's responsibilities under the Oil Pollution 
     Act of 1990, $15,000,000, to be derived from the Oil Spill 
     Liability trust fund, and to remain available until expended.


                   State and Tribal Assistance Grants

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $3,233,132,000, to remain 
     available until expended, of which $1,250,000,000 shall be 
     for making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended, and $775,000,000 shall be for 
     capitalization grants for the Drinking Water State Revolving 
     Funds under section 1452 of the Safe Drinking Water Act, as 
     amended; $55,000,000 for architectural, engineering, 
     planning, design, construction and related activities in 
     connection with the construction of high priority water and 
     wastewater facilities in the area of the United States-Mexico 
     border, after consultation with the appropriate border 
     commission; $15,000,000 for grants to the State of Alaska to 
     address drinking water and wastewater infrastructure needs of 
     rural and Alaska Native Villages as provided by section 303 
     of Public Law 104-182; $253,475,000 for making grants for the 
     construction of wastewater and water treatment facilities and 
     groundwater protection infrastructure in accordance with the 
     terms and conditions specified for such grants in the report 
     accompanying this Act (H.R. ); and $884,657,000 for grants, 
     including associated program support costs, to States, 
     Federally recognized tribes, interstate agencies, Tribal 
     consortia, and air pollution control agencies for multi-media 
     or single media pollution prevention, control and abatement 
     and related activities, including activities pursuant to the 
     provisions set forth under this heading in Public Law 104-
     134, and for making grants under section 103 of the Clean Air 
     Act for particulate matter monitoring and data collection 
     activities: Provided, That, consistent with section 1452(g) 
     of the Safe Drinking Water Act (42 U.S.C. 300j-12(g)), 
     section 302 of the Safe Drinking Water Act Amendments of 1996 
     (Public Law 104-182) and the accompanying joint explanatory 
     statement of the committee on conference (H. Rept. No. 104-
     741 to accompany S. 1316, the Safe Drinking Water Act 
     Amendments of 1996), and notwithstanding any other provision 
     of law, beginning in fiscal year 1999 and thereafter, States 
     may combine the assets of State Revolving Funds (SRFs) 
     established under section 1452 of the Safe Drinking Water 
     Act, as amended, and title VI of the Federal Water Pollution 
     Control Act, as amended, as security for bond issues to 
     enhance the lending capacity of one or both SRFs, but not to 
     acquire the State match for either program, provided that 
     revenues from the bonds are allocated to the purposes of the 
     Safe Drinking Water Act and the Federal Water Pollution 
     Control Act in the same portion as the funds are used as 
     security for the bonds: Provided further, That hereafter, the 
     Administrator is authorized to enter into assistance 
     agreements with Federally recognized Indian tribes on such 
     terms and conditions as the Administrator deems appropriate 
     for the development and implementation of programs to manage 
     hazardous waste, and underground storage tanks: Provided 
     further, That beginning in fiscal year 1999 and thereafter, 
     pesticide program implementation grants under section 
     23(a)(1) of the Federal Insecticide, Fungicide and 
     Rodenticide Act, as amended, shall be available for pesticide 
     program development and implementation, including enforcement 
     and compliance activities: Provided further, That, 
     notwithstanding the matching requirement in Public Law 104-
     204 for funds appropriated under this heading for grants to 
     the State of Texas for improving wastewater treatment for the 
     Colonias, such funds that remain unobligated may also be used 
     for improving water treatment for the Colonias, and shall be 
     matched by the State funds from State resources equal to 20 
     percent of such unobligated funds.

  Mr. LEWIS of California. Mr. Chairman, I ask unanimous consent that 
the remainder of title III through page 65, line 16, be considered as 
read, printed in the Record and open to amendment at any point.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The CHAIRMAN pro tempore. Are there any amendments to that portion of 
the bill?


                 Amendment No. 19 Offered by Mr. Stokes

  Mr. STOKES. Mr. Chairman, I offer an amendment on behalf of myself 
and the gentlewoman from Colorado (Ms. DeGette).
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 19 offered by Mr. Stokes:
       Page 61, line 13, strike the colon and all that follows 
     through ``expenses'' on line 20.


[[Page H5825]]


  (Mr. STOKES asked and was given permission to revise and extend his 
remarks.)
  Mr. STOKES. Mr. Chairman, I am sorry it is necessary to offer this 
amendment. I wish the committee had not included the language limiting 
the amount and usage of the Environmental Protection Agency's 
brownfields money.
  I think the provision included in the reported bill that reduces 
brownfields funds from the administration's request of $91 million to 
$75 million is misguided; and I think the language restricting the 
brownfields money to assessments, prohibiting the capitalization of 
local government and revolving fund loan funds for cleanup, is also 
misguided.
  My amendment is very simple: By deleting the brownfields limitation, 
it would allow the EPA to spend up to the budget request of $91 million 
for the program. This is approximately the same amount as was made 
available for the program in each of the last 2 years. It would also 
allow brownfields funds to be used for revolving fund capitalization. 
That is to say, the funds could be used not only for assessments but 
also for cleanups.
  This past January, the United States Conference of Mayors issued a 
report entitled ``Recycling America's land: A National Report on 
Brownfields Redevelopment.'' I am going to read three statements from 
the executive summary of the report.
  First, the report shows that a failure to address brownfields 
redevelopment will result in a wasted opportunity for America to 
recycle its land, create jobs, increase local tax bases and revitalize 
neighborhoods.
  Second, the report also finds that the proliferation of brownfields 
is a problem that affects communities of all sizes. Fifty-three cities, 
or 36 percent of respondents, were communities with populations of less 
than 50,000. Eighty-eight cities, or 56 percent of respondents, were 
communities with less than 100,000 population. These responses confirm 
that brownfields are not an isolated problem and can be found in 
communities of various sizes and locations.
  Finally, cities participating in the study identified several major 
obstacles to the redevelopment of brownfields. Cities noted the lack of 
cleanup funds as the number one impediment.
  Ms. DeGETTE. Mr. Chairman, will the gentleman yield?
  Mr. STOKES. I yield to the gentlewoman from Colorado.
  Ms. DeGETTE. Mr. Chairman, before I make the rest of my statement, I 
would like to thank our distinguished ranking member for working so 
closely with me and my office on this brownfields amendment. I would 
also like to thank the chairman of the subcommittee for assisting in 
this matter.
  As written, the bill prohibits the EPA from giving much-needed, much-
sought-after assistance to localities and jeopardizing the cleanup of 
sites. Our amendment gives local communities the tools they need to 
clean up decaying and sterile brownfield sites, creating jobs and 
revitalizing our neighborhoods.
  Brownfields are abandoned and often contaminated properties that can 
be found in urban, suburban and rural areas across the United States. 
We all have brownfields in our communities; the abandoned gas station 
on the corner, the dormant steel plant in the valley, the old mill by 
the river.
  The GAO has estimated there are approximately 450,000 brownfields 
sites around the country. Cleaning up these sites and returning them to 
productive use will not only benefit the public health and the 
environment, but it will create jobs and economic opportunities. In 
urban areas like Denver, redevelopment of brownfields can also prevent 
urban sprawl and development of pristine areas called greenfields.
  The EPA's brownfields initiative has been tremendously successful. It 
has awarded 2-year brownfields pilots intended to bring together public 
and private efforts at all levels of government. In fact, the EPA has 
awarded more than 228 project grants, including 71 new pilots that the 
Vice President just announced this week.
  However, this bill has three problems. First of all, it prevents any 
of these funds from being used by localities to set up revolving loan 
programs.
  Secondly, it provides only $75 million in funding, $16.3 million 
below the administration's request, and, frankly, well below the real 
needs in this country for brownfields redevelopment.
  Thirdly, the legislation prohibits the funds from being used for 
research and community outreach, a vital component of the program which 
furthers understanding of brownfields and gives community tools to 
redevelopment.
  Many communities in the country have benefitted from brownfields 
redevelopment, and we need to make sure that we do not limit them by 
the language in this legislation.
  I have received numerous letters from mayors across the country, 
including Denver, Commerce City, Colorado, and Salt Lake City, 
expressing the need for full funding for the studies and for the money 
to be used for redevelopment.
  This is a widely supported bill by communities across the country. I 
urge adoption of our amendment so that it can be used to its fullest 
potential.
  Mr. STOKES. Mr. Chairman, I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I rise in support of the Stokes amendment and would 
associate myself with the gentleman's remarks.
  Many of us who represent the northeast have come to value the 
importance of the brownfields program at the Environmental Protection 
Agency. The program funded in this bill will give communities with 
abandoned industrial sites the opportunity to assess these problems 
more closely and to find alternatives to clean up these sites.
  Brownfields need to be redeveloped, whether they are in urban centers 
or elsewhere, and this program goes a long way towards addressing this 
national problem. Unfortunately, the language contained in this bill 
would have the unintended consequences of prohibiting any use of the 
funds for education, outreach or technical assistance.
  I believe that the National Conference of Mayors, who strongly 
supports the brownfields program, put it best when they said, ``This 
provision would take brownfields redevelopment efforts in the wrong 
direction.''
  It is imperative that our communities have access to these funds in 
order to educate themselves about how to best achieve the goal of 
rebuilding their communities and putting these sites back into 
productive commercial use.
  Mr. Chairman, I urge my colleagues to support this amendment.
  Mr. LEWIS of California. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I believe the brownfields program is a good program and 
the committee supports efforts to turn abandoned and possibly 
contaminated properties into thriving commercial areas. On the other 
hand, both the GAO and the Inspector General have issued reports 
questioning some past EPA grants to nongovernmental organizations, 
where scarce dollars have gone for case studies, conferences and 
workshops.

                              {time}  1330

  The committee's intent is to ensure that brownfields funds are used 
appropriately within the boundaries of the law that my colleague, the 
gentleman from Ohio (Mr. Stokes), has done so much to develop in the 
first place.
  In that spirit, but with those reservations, I reluctantly support 
the amendment.
  Mrs. KENNELLY of Connecticut. Mr. Chairman, I rise in strong support 
of the Stokes-Degette Amendment, which would remove restrictive anti-
environmental language in the bill which would prevent the clean up of 
contaminated brownfield sites. The Committee has reduced President 
Clinton's request for Brownfields by more than ninety million dollars, 
a sixteen percent cut from last year. Additionally, the bill would 
prevent EPA from providing brownfields program support for brownfields 
site cleanup, research, and job training.
  In January 1998, the U.S. Conference of Mayors stated that cities 
ranked the lack of clean up funds as the number one impediment to the 
redevelopment of brownfields. My home state of Connecticut is one of 
the oldest industrialized states in the union, and unfortunately the 
caretaker of many of these contaminated sites. We in the state have 
been working over

[[Page H5826]]

the last several years to identify, clean and recapture these sites for 
public use. However, the language in this bill would work to prevent us 
from carrying on this important work.
  With the inability of this Congress to reach a compromise on a 
bipartisan Superfund reform and reauthorization bill, continued funding 
for the Brownfields Initiative is imperative to the health and safety 
of America. I urge my colleagues to support this amendment.
  The CHAIRMAN. Does any other Member wish to be heard on the amendment 
number 19 of the gentleman from Ohio (Mr. Stokes)?
  If not, the question is on the amendment offered by the gentleman 
from Ohio (Mr. Stokes).
  The amendment was agreed to.
  The CHAIRMAN. Are there other amendments to this title?
  Mr. OXLEY. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I wonder if the distinguished chairman of the 
Subcommittee on VA, HUD and Independent Agencies is willing to engage 
in a colloquy with me regarding the amendment just passed.
  Mr. LEWIS of California. Mr. Chairman, if the gentleman will yield, I 
guess I will have a colloquy with my friend.
  Mr. OXLEY. Mr. Chairman, I want to be clear in the legislative 
history, I would say to the gentleman from California (Mr. Lewis) that 
the enactment of that amendment that just passed does not give EPA any 
new or additional statutory authority to conduct its brownfields 
programs.
  As chairman of the Subcommittee on Finance and Hazardous Materials, 
which has primary jurisdiction over the Superfund law in the House, I 
do not want the EPA or anyone else to think that the current Superfund 
law authorizes the Agency to use brownfields money to capitalize 
revolving loan funds. Moreover, brownfields money may be used pursuant 
to section 311(c) of CERCLA to fund only, and I quote, ``Research with 
respect to the detection, assessment and evaluation of the effects on 
and risks to human health of hazardous substances and detection of 
hazardous substances in the environment.''
  The language of section 311(c) does not, I emphasize, does not, 
authorize the Agency to use brownfields money to fund conferences, 
seminars, meetings, workshops, or other activities that have nothing to 
do with actual research.
  Mr. LEWIS of California. Mr. Chairman, if the gentleman will yield, I 
concur with the gentleman's view that the current text of the bill 
before us does not authorize activities not currently authorized under 
CERCLA.
  Mr. OXLEY. Mr. Chairman, reclaiming my time, that being the case, I 
hope that the gentleman will make the permissible scope of the 
activities clear in his work in conference.
  Mr. LEWIS of California. Mr. Chairman, if the gentleman will yield 
further, we will do everything we can to ensure that EPA is not 
permitted to exceed the scope of its current authorized activities.
  I might add that we have made serious effort to put pressure on EPA 
in a number of other areas, and they are not always as responsive as I 
might like.
  Mr. OXLEY. Mr. Chairman, I thank the gentleman.
  Ms. DeGETTE. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I would just like to be clear that the use of the EPA 
funding that is contemplated in the brownfields program, we have no 
objection to it being used for the purposes which the statute was 
intended, but I think it is a little inaccurate to say that there has 
been legal authority saying that it is not intended to be used for 
revolving funds and other purposes.
  First of all, the Inspector General audited pilot programs issued by 
the EPA and in March 1998 issued a report that said there was not any 
misuse of funds. In fact, the Inspector General's report concluded that 
the activities reviewed were authorized under CERCLA.
  The Inspector General's only recommendations were administrative in 
nature, such as the recommendation to revise the EPA's ranking 
criteria. None of the recommendations implied, as I understand it, that 
the grant should be terminated, or that the grant program itself was at 
all questionable. In fact, the Inspector General praised the program.
  The EPA has agreed, I would like to stress, to all of the Inspector 
General's recommendations and states, ``We believe the corrective 
actions underway and planned by the agency address the report's 
recommendations. Therefore, we are closing this report upon 
recommendation.''
  The gentleman from Virginia (Mr. Bliley), our Chairman, asked the GAO 
to review grants and agreements awarded by the EPA since 1993, the 
first year the Agency began the brownfields efforts. The GAO found 
during its 1998 on-site audit of financial records that overall, the 
recipients were spending the funds in accordance with guidance of OMB.
  So I guess I would just like to state for the record that I agree 
that EPA should not be able to use these funds for any illegal purpose 
beyond its legal authority, but I think that to state that they have 
been using them for illegal purposes goes beyond what the Inspector 
General and GAO have, in fact, said.
  Mr. OXLEY. Mr. Chairman, will the gentlewoman yield?
  Ms. DeGETTE. I yield to the gentleman from Ohio.
  Mr. OXLEY. Mr. Chairman, I thank the gentlewoman for yielding and 
would concur in what she said, pointed out that she was not referring 
to any case to revolving loan funds and the money therein, because 
obviously, they could not be conducted under the current law, and as 
long as we clarify that, I think that is important to put in the 
record.
  Ms. DeGETTE. Mr. Chairman, reclaiming my time, in 1997, EPA issued 24 
grants to States and local governments to establish revolving loan 
funds, and on October 2, 1997, the general counsel issued a legal 
memorandum identifying the EPA's legal authority to set up the 
brownfields cleanup revolving loan request programs.
  The EPA legal authority for these revolving loan funds has never been 
independently evaluated or challenged by the GAO or the Inspector 
General.
  Mr. LEWIS of California. Mr. Chairman, will the gentlewoman yield?
  Ms. DeGETTE. I yield to the gentleman from California.
  Mr. LEWIS of California. Mr. Chairman, I must say we welcome the 
authorizers presence when we have our bill on the floor any time. I 
know authorizers often like to use appropriations bills to effectively 
implement their work, especially when these kinds of disagreements 
occur from time to time.
  Ms. DeGETTE. Mr. Chairman, reclaiming my time again, I would like to 
thank the distinguished chairman for working with us on these issues.
  Mr. LEWIS of California. Mr. Chairman, I think it is important for 
the Members who are present to know that our bill will be taken up one 
more time on Tuesday of the coming week. Further discussion regarding 
matters that relate to the bill will be taking place at that time in 
case there are those present who might have been expecting some further 
activity on the part of the committee this afternoon.
  Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Pease) having assumed the chair, Mr. Hulshof, Chairman pro tempore of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
4194) making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 1999, and for other purposes, had come to no 
resolution thereon.

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