[Congressional Record Volume 145, Number 109 (Thursday, July 29, 1999)]
[House]
[Page H6722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 OMISSION FROM THE CONGRESSIONAL RECORD OF JULY 27, 1999, PAGE H6536, 
DURING CONSIDERATION OF H.R. 2605, ENERGY AND WATER APPROPRIATIONS ACT, 
                                  2000

  The CHAIRMAN. If there is no further debate on the Visclosky motion 
to strike, it will remain in abeyance pending disposition of the 
Boehlert perfecting amendment, on which proceedings have been 
postponed.
  The Clerk will read.
  The Clerk read as follows:

            Formerly Utilized Sites Remedial Action Program


                     (including transfer of funds)

       For expenses necessary to clean up contamination from sites 
     throughout the United States resulting from work performed as 
     part of the Nation's early atomic energy program, 
     $150,000,000, to remain available until expended: Provided, 
     That the United States Army Corps of Engineers under this 
     program shall undertake the following functions and 
     activities to be performed at eligible sites where 
     remediation has not been completed: sampling and assessment 
     of contaminated areas, characterization of site conditions, 
     determination of the nature and extent of contamination, 
     selection of the necessary and appropriate response actions 
     as the lead Federal agency, cleanup and closeout of sites, 
     and any other functions and activities determined by the 
     Chief of Engineers as necessary for carrying out this 
     program, including the acquisition of real estate interests 
     where necessary, which may be transferred upon completion of 
     remediation to the administrative jurisdiction of the 
     Department of Energy: Provided further, That response actions 
     by the United States Army Corps of Engineers under this 
     program shall be subject to the Comprehensive Environmental 
     Response, Compensation and Liability Act (42 U.S.C. 9601 et 
     seq.), and the National Oil and Hazardous Substances 
     Pollution Contingency Plan, 40 CFR, Chapter 1, Part 300: 
     Provided further, That these provisions do not alter, curtail 
     or limit the authorities, functions or responsibilities of 
     other agencies under CERCLA or, except as stated herein, 
     under the Atomic Energy Act (42 U.S.C. 2011 et seq.): 
     Provided further, That any sums recovered under CERCLA or 
     other authority from a liable party, contractor, insurer, 
     surety, or other person for any expenditures by the Army 
     Corps of Engineers or the Department of Energy for response 
     actions under the Formerly Utilized Sites Remedial Action 
     Program shall be credited to this account and will be 
     available until expended for response action costs for any 
     eligible site: Provided further, That the Secretary of Energy 
     may exercise the authority of 42 U.S.C. 2208 to make payments 
     in lieu of taxes for Federally-owned property where Formerly 
     Utilized Sites Remedial Action Program activities are 
     conducted, regardless of which Federal agency has 
     administrative jurisdiction over the property and 
     notwithstanding references to ``the activities of the 
     Commission'' in 42 U.S.C. 2208: Provided further, That the 
     unexpended balances of prior appropriations provided for 
     these activities in this Act or any previous Energy and Water 
     Development Appropriations Act may be transferred to and 
     merged with this appropriation account; and thereafter, may 
     be accounted for as one fund for the same time period as 
     originally enacted.


                             point of order

  Mr. BOEHLERT. Mr. Chairman, on behalf of the gentleman from 
Pennsylvania (Mr. Shuster), I raise a point of order against the 
portion of the Formerly Utilized Sites Remedial Action Program 
beginning with the last comma on page 7, line 7 through page 9 line 2, 
on the grounds that it is legislation on an appropriations bill in 
violation of clause 2 of Rule XXI of the Rules of the House. This 
program has not been authorized for fiscal year 2000. In fact, it is 
likely that there has never been an authorization for this program.
  The CHAIRMAN. Does the gentleman from California wish to be heard on 
the point of order?
  Mr. PACKARD. Mr. Chairman, I concede the point of order.
  The CHAIRMAN. Does the gentleman from Indiana wish to be heard on the 
point of order.
  Mr. VISCLOSKY. Mr. Chairman, we concede the point of order.
  The CHAIRMAN. The portion of the paragraph identified by the point of 
order provides for extended availability of funds without a supporting 
authorization in law, and includes five legislative provisos.
  As such, that portion of the paragraph constitutes legislation in 
violation of clause 2 of rule XXI.
  The point of order is sustained. The specified portion of the 
paragraph is stricken.