Madam Chairwoman, I yield myself 4\1/2\ minutes and rise in strong support of H.R. 720, the Water Quality Financing Act of 2007. It has been a long time coming to this point. We have labored within…
Madam Chairwoman, I yield myself 4\1/2\ minutes and rise in strong support of H.R. 720, the Water Quality Financing Act of 2007.
It has been a long time coming to this point. We have labored within the Committee on Transportation and Infrastructure for at least 11 years, maybe just a few months longer than that, to bring forth a bill to replenish the State revolving loan funds so that municipalities can continue the work of aggressively expanding their capacity to handle wastewater, treat that wastewater, return it to the receiving waters in good quality.
We have been delayed over the last 6 Congresses, not by unwillingness within our Committee on Transportation and Infrastructure, but because of external factors within the House. Now that those external factors have been removed, we are bringing this bill to the floor with good and sustained bipartisan support. I appreciate very much the support of Speaker Pelosi, Majority Leader Hoyer scheduling this legislation early on in the session; and I particularly appreciate the participation and cooperation of the gentleman from Florida (Mr. Mica), our ranking member, the gentleman from Louisiana (Mr. Baker), the ranking member of the Subcommittee on Water Resources for the long participation that we have had and the splendid agreement and working relationship we had between our staffs on the Democratic and Republican sides, with one notable exception that will be debated at length here and which we debated extensively in subcommittee and full committee.
I especially want to express my great appreciation to the gentlewoman from Texas (Ms. Eddie Bernice Johnson). For years now, she has worked as our ranking member on the Water Resources Subcommittee, learned the issues, mastered the subject matter, and is now Chair of the Water Resources Subcommittee and has played a leading role in bringing this legislation to the floor.
The bill started out as $20 billion to replenish State revolving loan funds; but due to concerns by the Office of Management and Budget and the Congressional Budget Office, we scaled the legislation back to a $14 billion bill, paying for it through an additional revenue source, as within the authority of this committee. The CBO has said that municipalities in raising municipal bonds that are tax exempt will cause a loss in revenue to the Treasury, and, therefore, the revenue in this bill has to be offset by another source. We have done that in a bipartisan agreement, and this bill is at $14 billion, fully paid for. We will not have the debate that we have had on two other bills that were extraneous to the subject matter because we have covered this issue.
Unfortunately, the administration has steadily reduced funding for the State revolving loan fund over the past several years, and in the budget request for 2008 has a $200 million reduction, down to $687.5 million. That is totally unacceptable.
There was a time when we were investing $6 billion a year in Federal funds, matched by State and local dollars, to build sewage treatment facilities, raise them to tertiary treatment, removing nutrients, adding oxygen, returning clean water to the receiving waters. We are not doing that any longer. We are not keeping pace with the pressure on the Nation's water and wastewater systems nor our sewage treatment systems.
The only debate that we really have is, What shall be the wages paid to those who work on building these facilities? And I listened with great interest and concern to the debate on the rule. The manager of the rule said that cities will start looking to Washington for these projects to take care of their water system needs. That is almost the same language that Dwight Eisenhower used in 1960 to veto the Federal Water Pollution Control Act amendments when he said: Pollution is a uniquely local blight. Federal involvement will only impede local efforts at cleanup.
That was wrong then, it is wrong now, it was wrong when Richard Nixon vetoed the Clean Water Act of 1972.
We have had a partnership of State and local government. They have invested billions of dollars at the local level. We need to continue that partnership into the future. This bill will do that.
Madam Chair, I reserve the balance of my time.
Madam Chair, I now yield 2\1/2\ minutes to the gentlewoman from Texas, the Chair of the Subcommittee on Water Resources, Ms. Eddie Bernice Johnson.
Madam Chairman, I yield 1 minute to the distinguished majority leader, Mr. Hoyer.
(Mr. HOYER asked and was given permission to revise and extend his remarks.)
Madam Chair, I now yield 2 minutes to the gentleman from Oregon (Mr. DeFazio).
I yield 3 minutes to the distinguished gentlewoman from California, an original cosponsor of this bill, Mrs. Tauscher.
Madam Chair, I yield myself 10 seconds to simply assure the gentleman from Indiana that the bill is fully paid for. And I appreciate his fiscal concerns, but the bill is fully paid for with offsets that the committee has identified and has reduced the cost of the bill from $20 billion to $14 billion and the time frame from 5 years to 4 years. And I appreciate the gentleman's kind words about my service.
I now yield 2 minutes to the gentleman from Michigan (Mr. Stupak).
Madam Chairman, I yield 1 minute to the distinguished gentleman from Missouri (Mr. Carnahan).
Madam Chairman, I yield 1\1/2\ minutes to the distinguished gentleman from Wisconsin (Mr. Kagen).
Madam Chairman, I yield myself 30 seconds.
Madam Chairman, I appreciate the remarks of the distinguished Republican leader on the committee, Mr. Mica. Mr. DeFazio was referring to a mandate upon cities to improve their sewage treatment facilities, not to a mandate in this act.
Secondly, in our committee report, the CBO, the Congressional Budget Office, says H.R. 720 contains no intergovernmental mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on State, local, or Tribal governments. So I can only assume the gentleman is making a statement of hyperbole, rather than a fact.
Madam Chairman, I yield 2 minutes to the gentleman from Oregon (Mr. Blumenauer).
Madam Chairman, I yield 1 minute to the gentleman from Texas (Mr. Cuellar).
Madam Chair, I yield myself 30 seconds to assure the gentleman that this bill will go a long way towards helping States target additional support to the colonias, as well as other disadvantaged communities throughout the country.
We will soon bring up, within the next 2 weeks I hope, the Water Resources Development Act of 2007 under the leadership of the gentlewoman from Texas (Ms. Eddie Bernice Johnson). In the past, we have had language to authorize the corps to help provide water and waste water infrastructure for the colonias.
We will work with the gentleman to provide such language in the future.
Madam Chair, I yield 1 minute to the gentleman from Michigan (Mr. Levin).
(Mr. LEVIN asked and was given permission to revise and extend his remarks.)
Madam Chair, I yield 2 minutes to the gentleman from Colorado (Mr. Salazar).
Madam Chairman, I yield 2 minutes to the distinguished gentleman from California (Mr. George Miller), chairman of the Education and Labor Committee and my classmate of 1974.
(Mr. GEORGE MILLER of California asked and was given permission to revise and extend his remarks.)
Madam Chairman, how much time remains on both sides?
And the gentleman has only one speaker remaining?
Madam Chairman, I yield 1 minute to the distinguished gentleman from Illinois (Mr. Hare).
Madam Chairman, I yield 1 minute to the gentleman from Texas (Mr. Rodriguez).
Madam Chairman, I yield 1 minute to the distinguished gentlewoman from Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)
Madam Chairman, I yield myself the balance of our time, which should be about a minute.
Again, I express my great appreciation to the gentleman from Florida (Mr. Mica), the ranking member on the full committee, and the gentleman from Louisiana (Mr. Baker), who I have the greatest respect for, and I recall his distinguished and authoritative presentation during the committee tour post-Katrina at Baton Rouge where the gentleman had a mastery of the facts of the issues at hand, and we stood in solidarity and we do stand in solidarity on this legislation.
We have one difference of opinion. That is why we have a legislative body and a process through which to work these issues out, and as the late Speaker of the House, Sam Rayburn, said very thoughtfully many years ago, something like 60 years ago, We can agree to disagree without being disagreeable, and that is the manner in which I hope we will continue to conduct issues before our committee.
I just think back to the time when I worked, when I was in college working in construction jobs, and I was working as a truck driver and cement puddler for 50 cents below what was a union wage, below what was a standard wage, because this wasn't a unionized job, and I don't want to see that happen to anybody.
Madam Chairman, I submit the following exchange of letters between Mr. Rangel, Chairman of the Committee on Ways and Means, and me.
March 6, 2007.
Hon. James Oberstar,
Chairman, Transportation and Infrastructure Committee,
Rayburn House Office Building, Washington, DC.
Dear Jim: I am writing regarding H.R. 720, the Water
Quality Financing Act of 2007, which is scheduled for floor
action later this week.
As you know, H.R 720 raises revenue by increasing vessel
tonnage duties, an authority which falls within the
jurisdiction ofthe Committee on Ways and Means. In addition,
H.R. 720 violates clause 5(a) of Rule XXI, which restricts
bills and amendments from carrying taxes and tariffs not
reported by the Ways and Means Committee.
In order to expedite this legislation for floor
consideration, the Committee will forgo action on this bill,
and will not oppose H.R. 720 being given a waiver of Rule
XXI. This is being done with the understanding that it does
not in any way prejudice the Committee or its jurisdictional
prerogatives on this or similar legislation in the future.
I would appreciate your response to this letter, confining
this understanding with respect to H.R. 720, and would ask
that a copy of our exchange of letters on this matter be
included in the record.
Sincerely,
Hon. Charles B. Rangel,
Chairman.
I thank the gentleman very much for his courtesy and if he would yield 3 minutes?
I thank the gentleman.
Twenty years ago, March 3, 1987, the gentleman from Pennsylvania, Mr. Clinger, the Republican ranking member on the Subcommittee on Investigations and Oversight, which I had the privilege of chairing, and I held a hearing on this very subject, on the U.S.-Canada Great Lakes Water Quality Agreement. We observed the agreement was signed in 1972 and renewed in 1978.
It continues in perpetuity, but we observed, while progress has been made, while the Cuyahoga River no longer catches on fire, the bad news is that a great deal of that improvement is due to economic decline in the steel industry. Industries that formerly dumped waste are no longer operating.
Fish are able to survive, but now they are surviving with cancers. Some areas of the lakes where birds are deformed because of Toxiphene and Dieldrin. Mr. Clinger and I both observed the real test of our commitment is yet to come. Will we break out of the planning and research cycle, which we have failed to do in the case of acid rain, and begin to implement protective measures which would strengthen the laws and effective remedial programs.
Some of that has been accomplished in the ensuing years. The gentleman's proposal would move us further along during this Great Lakes week that we are celebrating on Capitol Hill with our colleagues throughout the Great Lakes States. The amendment would require the Administrator of EPA, in consultation with the Secretary of State and the governor of Canada, to identify problems with the wastewater infrastructure on both sides of the Great Lakes, develop recommendations for increased notification of overflows and increased cooperation. Those are all good and valid and important initiatives which we have pursued in a bipartisan effort within our committee for, as I said, over 20 years.
The gentleman's district is the bridge between the upper Lake Superior and the lower lakes. The St. Mary's River moves 130,000 cubic feet per second, and he is astutely vigilant over water quality.
I think accepting this amendment will move the purpose of intergovernmental cooperation further along, and I assure the gentlemen on both sides, I will work with the Committee on Foreign Affairs to fashion this bill, this language further as we go to conference with the other body.
Madam Chairman, I claim the time in opposition to the amendment.
Madam Chairman, I yield myself 1\1/2\ minutes.
This is an issue on which there is a genuine disagreement on both sides of the aisle and within the committee, and a deeply felt view on each side.
I think it is instructive, however, to look at the history of Davis- Bacon, which originated, actually, in 1927, on Long Island, a district represented by Congressman Robert L. Bacon, Republican of New York, who said wages are fair, and there has been no difficulty in the buildings grades between employer and employee for quite some time. But he was upset when a contractor came to him who had bid on construction of a federally funded hospital on Long Island and noted that the contract was awarded to an Alabama firm that came into Long Island with low-wage workers, whom he housed in tents on the property and underbid local contractors.
He said, that's not right, you have to help us stop these underbidding contractors from coming in and taking away local jobs. He, Bacon, introduced legislation that did not inflate wages, as he said, artificially, but assured that government respects the existing local standard.
A few years, a year later, the Secretary of Labor, James Davis, supported that bill. By March 3, 1931, Davis had left labor, got elected to the Senate, and the two of them authored this legislation. It was signed into law March 3, 1931, by President Herbert Hoover.
Madam Chair, I yield 2 minutes to the chair of the subcommittee, Ms. Eddie Bernice Johnson.
Madam Chair, I yield myself the balance of my time.
In 1930, as the Davis-Bacon language was being shaped and debated in the Senate and in the House, Senator Davis of Pennsylvania, a Republican, and Congressman Bacon of New York, a Republican, said: The essence is this. Is the government willing, for the sake of the lowest bidder, to break down all labor standards and have its work done by the cheapest labor that can be secured and shipped from State to State?
When the bill was taken up at the Senate, Robert LeFollette, chairman of the Committee on Manufacturers, the Republican chairman of the committee, noted that practices were not only disturbing to labor but disturbing to the business community as well and urged that this measure be speedily enacted. It does not require the government to establish new wage scales; it merely gives the government power to require its contractors to pay the prevailing wage scales in the vicinity of the building projects.
Now, the prevailing wage scale in the vicinity of building projects in Louisiana, for example, an average common laborer gets $7.86 an hour. That is the prevailing wage. I don't know how you save any more money by going lower than $7.86 an hour. The average well driller in Louisiana is paid $11.40 an hour. I don't know how you get much lower than that in order to save money.
This Davis-Bacon provision is prevailing, not union wage. If I could, I would support in law the union wage, but we are not doing that. It is the prevailing local wage. I urge defeat of the amendment.
Madam Chair, this language reinforces or adds an additional provision to section 305(b) of the act before us today. Section 602(b) reaffirms the deadlines, goals and requirements of the Clean Water Act, fishable-swimmable water goals. Section 603 deals with the affordability. And we have already prioritized in the basic legislation targeting funds to lower income communities to ensure that they get their fair share. This language will just take that affordability language one step further and impose on States the requirement to give full, fair consideration to projects that deal with immediate needs rather than adding capacity before you consider adding capacity.
Madam Chair, I rise to ask unanimous consent to claim time in opposition to the amendment, though I am not in opposition to it.
Madam Chairman, the gentleman's amendment would include an additional requirement on State revolving loans on authorities not previously part of the State Revolving Loan Fund Program. The provision of section 204(a)(6) of the Clean Water Act is a longstanding title II construction grants requirement. We don't have construction grants any more, since 1987, that does require ``full and open bid competition for the construction of publicly owned treatment works.''
The gentleman's amendment would prohibit financial assistance recipients from including bid specs that contain proprietary, exclusionary, discriminatory requirements, other than those based on performance.
I have asked the staff to review and I, myself, have reviewed the Federal acquisition regulations which are generic to the Federal Government. These requirements for full and open bid competition are in place. They do generically apply to provisions of the Clean Water Act.
However, I think it is appropriate and is not confusing, nor is it in opposition to the Federal acquisition regulations, to include the gentleman's amendment. Therefore, we accept the gentleman's amendment.
Madam Chairman, I reserve the balance of my time.
Madam Chairman, I yield back the balance of my time.
Can I ask the gentleman if he could yield me 1 minute.
Madam Chairman, I thank the gentleman, and I want to thank the gentlelady for her amendment which reinforces a longstanding practice of this committee to deal with water resource needs on a watershed basis.
This watershed pilot project eligibility will greatly advance the cause of clean water and water availability.
The U.S. Geological Survey observed most recently there are clear connections between surface water, ground water, and the precipitation events that reach these areas. In our area, precipitation is snow. In Hawaii and Louisiana, it is rain. And impact on these water resources, whether through unchecked sources of pollution, wastewater, can have significant effects on the sources of water.
So the gentlelady's amendment will give an additional tool for communities to perfect and strengthen their planning for the best use and management of existing water resources, and we are happy to accept the amendment.
Would the gentleman yield if he has time remaining?
The gentleman, in years past, has been very participatory in the work of our committee. Notably, on railroad issues several years ago the gentleman took the lead on a very contentious issue, and we have greatly appreciated his contribution then and want to work with the gentleman.
The amendment would implement the change to the elevation pool before completion of the environmental assessment.
We have the Water Resources Development Act ready, I think, to move within 2 weeks or so. I would like to join with the gentleman in
ascertaining from the Corps the status of that environmental assessment and then determining, depending on where they stand with it, we could either dispense with the EIS and include the gentleman's provision in our WRDA bill, or if it is ready to go, if the EIS is completed, we will not have to take that action.
But I assure you, one way or another, we will find a way for the gentleman's, the language to be included in WRDA before we bring it to the House floor.
Madam Chair, I ask unanimous consent to claim time in opposition to the amendment, though I am not in opposition to it.
Madam Chairman, I yield myself such time as I may consume.
And, again, I want to reaffirm my colloquy with the gentleman, that we will work with him and with the gentleman from Louisiana and the gentleman from Florida on shaping appropriate language to include this study provision pilot project for the Lake Barkley initiative as we move forward with WRDA.
Madam Chair, as we come to the conclusion of this legislation, I want to express again my heartfelt appreciation to Ranking Member Mica, who has worked with us on all the measures, including how we would shape the debate on Davis-Bacon, the gentleman from Louisiana (Mr. Baker) who has been most forthcoming and accommodating. We have, again, reached agreement on major provisions on this legislation. The gentlewoman from Texas (Ms. Eddie Bernice Johnson) who has devoted years of her service on the committee to this issue, is now the Chair.
But those who really bear the burden of the work are our staff: Ryan Seiger, Beth Goldstein, Rod Hall, Mike Brain on our side; John Anderson, Jonathan Pawlow, Geoff Bowman, Tim Lundquist on the Republican side, and our full committee staff, our brilliant leader, David Heymsfeld, our chief counsel, Ward McCarragher, Sharon Barkeloo, Jen Walsh, Erik Hansen, and on the minority side, Jim Coon, Charlie Ziegler, Fraser Verrusio and Jason Rosa.
We also greatly appreciate the work from Legislative Counsel's Office, Dave Mendelsohn and Curt Haensel. Dave Mendelsohn has been here almost as long as I have, and he is really good.
We have a superb staff. They have worked together diligently on this legislation. We owe them a deep and longstanding debt of gratitude for their superb work, especially Ryan Seiger, who stayed up many late hours at night fashioning all the responses to the many questions I have had on this legislation.
Madam Chairman, after a very thoughtful, productive, and constructive debate on the bill and the amendments thereto, I yield back the balance of my time.
Mr. Speaker, I object to dispensing with the reading. We have only just now received this language and I insist on the reading of the language.
Mr. Speaker, I rise to claim the time in opposition to the motion, although I don't know whether I am in opposition at this time.
Mr. Speaker, first of all, I would like to observe and I appreciate the gentleman's comment about our side accepting amendments from the minority, and we have done that mostly where there has been prior consultation and discussion. In this case, this language was not available to our majority members on the committee until just prior to when it was offered on the floor.
I inquire of the offeror his explanation on page 2, subsection (4), ``A crime listed in chapter 113B of title 18,'' what is that language? Can the gentleman read me the language of the U.S. Code?
I yield to the gentleman.
It is his amendment. On page 2 of the gentleman's amendment, ``(4) A crime listed in chapter 113B of title 18, U.S. Code,'' what does that refer to?
I have been able in just these few minutes to get chapter 113 but not
Reclaiming my time, I want to know what the language is. The gentleman is offering an amendment. If he is serious about it, then he ought to have the language.
Mr. Speaker, reclaiming my time. Reclaiming my time, the gentleman has not been able to answer my question.
I was the author in our committee of the Port Security Act, along with the gentleman from Alaska (Mr. Young). We had carefully crafted language that set standards for security clearance for maritime workers. We did not have any reference to chapter 113B. The transportation security workers card has not yet been issued. The readers for that card have not yet been put in place by the Transportation Security Administration.
The standards, apart from this provision that the gentleman lists here, generally are covered in the background checks required in our Port Security Act for maritime workers.
But this is very vague language in number (4). It is specific to a provision of U.S. Code, but the gentleman cannot explain to me what it is.
And then ``(5), A crime involving a transportation security incident,'' dropping down to subsection ``(A) is a security incident resulting in a significant loss of life,'' we don't know where that language comes from.
Mr. Speaker, we should not amend the Port Security Act on 30 seconds notice. There may be very good and valid provisions of this motion to recommit that we might very well be in support of, but only in due course, only in a proper forum. To come up here 30 seconds before the motion is offered and lay on the body this language without having the backup for it I think is inappropriate, and I object to the process. I object to the procedure that has been followed, not perhaps to the substance of it.
Our committee is fully prepared to deal with this issue in due course and give it full and thorough consideration, but not here, not in this context.
I yield to the gentleman from Virginia.
You should be very well accustomed to it; you did it for 12 years.
Is the gentleman going to explain 113B?
Read it. Read the language.
Read it.
I do not yield further. I do not yield further.
Point of Order
Mr. Speaker, pursuant to the instructions of the House on the motion to recommit, I report the bill, H.R. 720, back to the House with an amendment.
Mr. Speaker, on that I demand the yeas and nays.