Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 2004-Continued

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004-CONTINUED

AMENDMENT NO. 2171 TO AMENDMENT NO. 2150

Ms. MIKULSKI. Mr. President, I am an enthusiastic cosponsor of the Lautenberg amendment. He is absolutely right. This money is needed because it essentially restores funding for the environmental cops on the beat. We wanted to do this in our bill, but circumstances shackled us from doing so.

This is a good amendment. We are happy to accept it. I thank the Senator for his longstanding advocacy in this area.

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AMENDMENT NO. 2173 TO AMENDMENT NO. 2150

Mr. BOND. Mr. President, I send to the desk an amendment by Senator Mikulski which provides for the Corporation National Service to refrain from disclosing any information. I ask for its immediate consideration.

The PRESIDING OFFICER. The clerk will report.

The assistant legislative clerk read as follows:

The Senator from Missouri [Mr. BOND], for Ms. Mikulski, for herself and Mr. Bond, proposes an amendment numbered 2173 to amendment No. 2150.

Ms. MIKULSKI. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

The PRESIDING OFFICER. Without objection, it is so ordered.

The amendment is as follows:

(Purpose: To require notice and comment rulemaking, and prohibit disclosure of selection information, by the Corporation for National and Community Service)

On page 92, line 22, strike the period and insert the following: ": Provided further, That, for fiscal year 2004 and every year thereafter, the Corporation shall make any significant changes to program requirements or policy only through public notice and comment rulemaking: Provided further, That, for fiscal year 2004 and every year thereafter, during any grant selection process, no officer or employee of the Corporation shall knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of the Corporation that is authorized by the Corporation to receive such information.".

Ms. MIKULSKI. Mr. President, this amendment is simple and straightforward. It does two things. It says the Corporation for National Community Service must change the rules. It protects the integrity of the grant process by preventing corporation officials from disclosing sensitive grant information and insists that any changes for rules for volunteer programs must have public comment.

One of my guiding principles is that people have a right to know, to be heard and to be represented. The Mikulski-Bond amendment upholds this principle. It ensures that the public gets a meaningful chance to comment on decisions that affect their communities and the volunteers who serve them.

Recently, National Service tried to change the rules for AmeriCorps. I was very troubled by the corporation's actions for two reasons: the process and the policy. My first concern was the process or actually the lack of a process. The corporation acted behind closed doors without input from Congress, volunteer advocates, or the communities they serve. States, communities, and advocates were told they had just 1 business day to review sweeping new rules, to ask questions about them, and to offer suggested changes. The corporation "jackpotted" advocates, volunteers, States, and local communities.

My second concern is policy. The AmeriCorps rules changes would hurt communities who depend on volunteers by eliminating support for long-standing, successful volunteer programs and by increasing financial and administrative burdens on communities and volunteer organizations.

I commend the board of directors for stepping in to stop the corporation. But it is clear that the corporation needs specific direction to ensure that the public has a right to be heard. The corporation doesn't have a Senate-confirmed CEO. We are working on a bipartisan basis to get David Eisner confirmed as the new CEO, but the staff must not make rule changes without leadership and public comment.

This amendment is good process, and good policy. It makes sure that the public has an opportunity to comment on any changes to National Service programs. And the amendment protects the integrity of the National Service grant process.

I thank Senator BOND for working with me on this amendment. I urge my colleagues to support it.

I thank the Senator from Missouri for his strong efforts to reform the fiscal and sloppy practices that are at the corporation. The volunteers are terrific, and now with the new CEO, I think we will be able to move ahead.

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AMENDMENT NO. 2178 TO AMENDMENT NO. 2150

Ms. MIKULSKI. Mr. President, I send an amendment to the desk and ask for its immediate consideration.

The PRESIDING OFFICER. The clerk will report.

The assistant legislative clerk read as follows:

The Senator from Maryland [Ms. MIKULSKI] proposes an amendment numbered 2178 to amendment No. 2150.

Ms. MIKULSKI. I ask unanimous consent the reading of the amendment be dispensed with.

The PRESIDING OFFICER. Without objection, it is so ordered.

The amendment is as follows:

(Purpose: To provide for certain capitalization grants)

On page 104, between lines 14 and 15, insert the following:

For an additional amount for capitalization grants for State revolving funds, $3,000,000,000, to remain available until expended, of which $1,850,000,000 shall be for capitalization grants from State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and $1,150,000,000 shall be for capitalization grants from State drinking water treatment revolving loan funds under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12): Provided, That the entire amount made available under this paragraph is designated by Congress as an emergency requirement under section 502© of H. Con. Res. 95 (108th Cong.).

Ms. MIKULSKI. Mr. President, I rise to offer an amendment to increase funding for our communities for our Nation's waste system. My amendment is simple and straightforward. It adds $3 billion to the VA-HUD bill for a total of $5.2 billion for water and sewer infrastructure. My amendment increases funding in the EPA clean water State revolving loan fund to $3 billion, over $1.3 billion. My amendment also increases funding in the EPA drinking water revolving fund from $850 million to $2 billion.

When I offer this amendment, I want to be very clear. I am in no way critical of the effort the committee has made. I have been part of the effort. I congratulate Senator Bond for his robust funding for water and sewer systems. I thank him for his hard work on this issue. But we simply did not have enough money in our allocation. The budget cut $500 million from the President's budget from the clean water State revolving loan fund. Senator Bond and I worked together to restore that $500 million, and we are very grateful for that. But the Nation calls out for more.

Our Nation's communities are facing enormous needs in their effort to provide clean water and safe water and to comply with Federal environmental mandates. The need for better water and sewer systems is much greater than the amount that we now have in the Federal checkbook.

There have been studies, and studies after that, and the needs have been real and valid and have been validated by independent research.

The Federal Government must do more to help meet these needs. Failure to do so places a great burden on the local taxpayers because it shifts the responsibility to them. We have created an unfunded Federal mandate. At the same time, the lack of proper water and sewer threatens public health and environmental safety. Our State and local governments are also revenue-starved to meet these mandates.

Let me tell you about some of the studies.

In fiscal year 2000, the Water Infrastructure Network said our water and sewer systems will face a funding gap of $12 billion over the next 20 years. GAO said the cost to really do our water and sewer systems the way they need to meet not only environmental but public health concerns will be $300 billion over 20 years. There is study after study after study that validates this.

In my own State of Maryland, there is $4 billion in unmet needs. This isn't Senator BARBARA MIKULSKI talking; this is the State of Maryland speaking. Our Eastern Shore and rural communities are trying hard to reduce harmful nutrients that pollute the Chesapeake Bay. Every time they increase their bonding authority to pay for unfunded mandates, it means one less school or one less highway. But the needs of Maryland are a cameo of the needs of the Nation. We are simply not putting enough money in the Federal checkbook for water and sewer systems.

In my own hometown of Baltimore, our sewer system was built over 100 years ago. We are under a court order instituted by the EPA to rebuild it. It will cost $1 billion to do this. In order to be able to do this, ratepayers will pay the bill.

This is an issue where growing green also generates jobs.

The second reason this amendment is necessary is that it creates jobs. It is estimated for every $1 billion we spend on water infrastructure, 40,000 jobs are created, from the civil engineers and architect who design on it, to construction contractors, to heavy equipment manufacturers, and even those who run the lunch wagons at the job site. This creates jobs, but it has value for the taxpayer. It will give the State a much needed breather as they themselves are trying to meet this need.

My amendment is temporary and it is targeted. It is a one-time $3 billion increase. This isn't $3 billion every year; it is $3 billion this year. The State loan funds have widespread support and would go a long way in helping this.

The President requested $3.7 billion for water and sewer projects in Iraq. The President requested this funding as an emergency.

I respect what the President said, but we have an emergency here. We have crumbling water systems that threaten public health. We need billions of dollars. We have rising rates for our citizens, and at the same time the local ratepayer is going to shoulder the responsibility. If there is an emergency in Iraq, there is surely a water and sewer emergency in this country.

My amendment has widespread support-from the Water Infrastructure Network, a coalition of 47 nationally organized recognized organizations, to local officials, water and sewer service providers, engineers, construction contractors, labor unions, and environmentalists. This is the place where it all comes together-mayors, Governors, workers, private sector.

These will not be government jobs. These will be jobs in the private sector, in the local community, meeting local needs. Groups such as the League of Cities and the Association of Counties and others do that.

I ask unanimous consent that two letters of support for my amendment be printed in the RECORD. They are from the Water Infrastructure Network, the Coalition of the American Rivers and Ocean Conservatory, and others.

There being no objection, the material was ordered to be printed in the RECORD, as follows:

WATER INFRASTRUCTURE NETWORK,
Washington, DC, October 24, 2003.

Hon. BARBARA MIKULSKI,
U.S. Senate, Hart Senate Office Building, Washington, DC.

Re support for $5.2 billion for Clean & Safe Water SRFs.

DEAR SENATOR MIKULSKI: The Water Infrastructure Network (WIN) strongly supports your $5.2 billion amendment for the Clean Water and Safe Drinking Water State Revolving Funds (SRFs) in the Fiscal Year (FY) 2004 Veterans, Housing and Independent Agencies Appropriations bill. WIN is a broad-based coalition of 47 nationally-recognized organizations that represent local elected officials, drinking water and wastewater service providers, environmental and health administrators, engineers, labor unions, construction contractors, and environmentalists. WIN is dedicated to preserving and protecting the health, environmental, and economic gains that America's drinking water and wastewater infrastructure provides.

The SRFs help local communities meet water quality standards, repair and replace old and decaying pipelines and plants, protect public health, and ensure continued progress in restoring the health and safety of America's water bodies. This investment is a much-needed down payment to improve our nation's water and wastewater treatment plants. Your support for additional funding for the SRFs would help stimulate the economy, create jobs and provide funds for securing our water infrastructure for generations to come. WIN supports your proposed increase in federal funding in FY 2004 for the Clean Water SRF from its current level of $1.35 billion to $3.2 billion and for the Drinking Water SRF from $850 million to $2 billion. WIN believes this is an important first step toward developing a long-term, sustainable solution to close our country's infrastructure funding gap.

Safeguarding clean and safe water must remain one of our nation's highest priorities even though funding its continued improvement is one of our greatest challenges. Thank you for supporting clean and safe water in America.

Sincerely,

American Concrete Pipe Association (ACPA); American Concrete Pressure Pipe Association (ACPPA); American Council of Engineering Companies (ACEC); American Public Works Association (APWA); American Society of Civil Engineers (ASCE); American Water Works Association (AWWA); Associated Equipment Distributors, Inc. (AED); Association of Equipment Manufacturers (AEM).

Associated General Contractors of America (AGC); Association of California Water Agencies (ACWA); Association of Metropolitan Sewerage Agencies (AMSA); Association of Metropolitan Water Agencies (AMWA); California Rebuild America Coalition (CalRAC); Construction Management Association of America (CMAA); Chesapeake Bay Foundation (CBF); Design-Build Institute of America (DBIA).

Environmental and Energy Study Institute (EESI); International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers; International Brotherhood of Teamsters; International Union of Bricklayers and Allied Craftworkers (BAC); International Union of Operating Engineers, AFL-CIO (IUOE); Laborers' International Union of North America (LIUNA); National Association of Counties (NACo).

National Association of Flood and Stormwater Management Agencies (NAFSMA); National Association of Regional Councils (NARC); National Association of Sewer Service Companies (NAASCO); National Association of Towns and Townships (NATaT); National Heavy & Highway Alliance; National League of Cities (NLC); National Precast Concrete Association (NPCA); National Ready Mixed Concrete Association (NRMCA).

National Rural Water Association (NRWA); National Society of Professional Engineers (NSPE); National Urban Agriculture Council (NUAC); Operative Plasters' and Cement Masons' International Association; Pipe Rehabilitation Council (PRC); Plastics Pipe Institute, Inc. (PPI); Portland Cement Association (PCA); Rural Community Assistance Program, Inc. (RCAP).

SAVE International (SAVE); Uni-Bell PVC Pipe Association (Uni-Bell); The Vinyl Institute; Underground Contractors Association of Illinois (UCA); United Brotherhood of Carpenters and Joiners of America (UBC); Water Environment Federation (WEF); WaterReuse Association (WasteReuse); Western Coalition of Arid States (WESTCAS).

October 27, 2003.

Support Mikulski amendment to fight water pollution on VA/HUD 2004 appropriation bill.

DEAR SENATOR: We ask you to vote in favor of Senator Mikulski's floor amendment to the VA-HUD appropriations bill appropriating $3 billion this year to fund critical drinking water and wastewater infrastructure needs. Our nation's perpetual failure to invest in maintaining our drinking water and sewer systems is endangering public heath and safety. The gap between our needs and our spending is on the order of $15 billion each year according to EPA.

The current funding is grossly insufficient to meet our nation's water quality needs, including addressing drinking water security issues, removing arsenic and other toxins from our tap water, rehabilitating aging sewer plants, controlling raw sewer overflows, decontaminating stormwater discharges, and minimizing polluted runoff. The cumulative impact of our society's failure to invest in clean water year after year has begun to cause very serious harm to public health, to the environment, and to our economy.

Experts estimate 7.1 million cases of mild to moderate and 560,000 cases of moderate to sever infectious waterborne disease in the United States each year, costing untold billions of dollars in health care and other expenses.

The CDC found that in 1999-2000 there were 39 disease outbreaks associated with drinking water and 59 associated with recreational water. Experts say approximately 1 in 10 waterborne disease outbreaks are detected.

There are over 200,000 water main breaks/yr. in the U.S.

The loss of swimming opportunities (beach closings) due to pathogen contamination is valued at $1-2 billion annually in the U.S. (EPA, 1995).

Economic losses due to swimming-related illnesses estimated at $28 billion annually (EPA, 1995).

There are estimated to be at least 40,000 discharges of raw sewage each year from "sanitary" sewer systems into streets, playgrounds, and waterways and 400,000 basement backups (U.S. EPA 2001).

Raw sewage discharges from combined sewer systems dump 1.2 trillion gallons of raw sewage into waterways each year in more than 700 U.S. cities.

Over 90% of U.S. city water supplies continue to use pre-WWI era technology to treat drinking water.

Earlier this year the Senate in its Budget Resolution approved a $3 billion increase in funding for the SRFs above last year's level, but unfortunately this proposal did not survive conference with the House. The Mikulski amendment would make this critical funding available through an emergency designation. Since inadequate drinking water and wastewater treatment results in raw sewage discharges, contaminated drinking water, beach closings, and waterborne disease outbreaks, this national problem clearly qualifies as a public health emergency.

We strongly urge you to support investing now in a clean water future for our nation. We also ask you to support any other amendments that improve environmental protection and to keep the bill free of anti-environmental riders.

Sincerely,

S. Elizabeth Birnbaum, Director of Government Affairs, American Rivers, Bob Perciasepe, Chief Operating Officer, National Audubon Society; Paul Schwartz, National Campaigns Director, Clean Water Action; Dawn Hamilton, Executive Director, Coast Alliance; Diana Neidle, Public Policy Advocate, Consumer Federation of America; Michele Merkel, Counsel, Environmental Integrity Project; Sara Zdeb, Legislative Director, Friends of the Earth.

Lisa Ragain, GWU Medical Center, Center for Risk Science and Public Health, National Association of People with AIDS; Olivia B. Wein, Staff Attorney, National Consumer Law Center; Nancy Stoner, Senior Attorney, Natural Resources Defense Council; Catherine Hazlewood, Clean Oceans Programs Manager, The Ocean Conservancy; Kyle Kinner, Legislative Director, Physicians for Social Responsibility; Anna Aurilio, Legislative Director, U.S. Public Interest Research Group; Michele Boyd, Legislative Representative, Public Citizen; Debbie Boger, Deputy Legislative Director, Sierra Club.

Ms. MIKULSKI. Mr. President, in conclusion, my amendment helps our communities by providing more funding to meet immediate water and sewer needs so our communities can have clean and safe water. Water and sewer funding provides dual value for the taxpayers. It helps public health, it helps the environment. We will have clean water and safe water, and it creates jobs.

I urge my colleagues to support my amendment to provide $3 billion more for our communities because I know every single State could use at least $1 billion more and I wish we could do it.

I yield the floor.

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Ms. MIKULSKI. Mr. President, in the 2 minutes that are left I just want to thank my colleague for the spirited way he has tried to move this bill. We worked with energy. We had momentum. We had bipartisan support. With the 2 minutes left on this bill, I really must express my very keen disappointment that we were not allowed at least another hour or two to finish. I know the other side has the issues they want to raise on Federal judgeships, but this bill stands up for what America stands for-veterans, empowerment of communities, and housing. And for 2 hours, in a show of respect to them, we could finish this bill.