Document dQB7pmng2g93nYaJEgXv6qD6Q

CarlonB* 25701 Science Park Drive Cleveland, Ohio 44122 Telephone: (216) 831-4000 10/31 Copies to VI Pipe Industry Task Force VI Electrical Materials Task Force For your information. This is good news. President Reagan is expected to sign this hill fofy- R.T.G. October 27, 1988 U Mr. Roy T. Gcritesman Executive Director The Vinyl Institute Wayne Interchange Plaza II 155 Route 46 West Wayne, NJ 07470 00't I ' , t r-O-pCSMAN DV%- '>' u ` RE: PUBLIC BUILDINGS AMENDMENTS OF 1988 (SEE SEC. 6) Dear Roy: Enclosed is a copy of the Congressional Record of October 21, 1988. GSA or any other Federal Agency is no longer subject to the restrictions or local ban on construction products which comply with one of the nationally recognized model building codes. Sincerely, Lawrence I. Byrnes' Director of Business Relations LIB/caj Enclosure AD0639 A LAMSON & SESSIONS COMPANY eccfivE- % ,- ',4* . CTL027555 October J1, 198S CONGRESSIONAL RECORD - SENATE S 17155 stalled by events unrelated to the lawn WEEK OF REMEMBRANCE OF was passed, and I move to lay that dart provision. Any further delay will KRISTALLNACHT motion on the table. cause more injuries and. possibly, The motion to lay on tlie table was more deaths. I urge my colleagues to The Joint resolution (H.J. Res. 654) agreed to. vote for this Important piece of con designating November 4 though 10. sumer legislation.* 1988. as the "Week of Remembrance Mr. BYRD. Mr. President. I ask of Kristallnacht" was considered, or unanimous consent that the bill be ad dered to a third reading, read the WARD R. BURKE U.S. COURTHOUSE vanced to third reading, passed, and a third time, and passed. Mr. BYRD. Mr. President. I ask motion to reconsider laid on the table. unanimous consent that the Commit The PRESIDING OFFICER. With out objection, it Is so ordered. NATIONAL FIREFIGHTERS DAY tee on Environment and Public Works be discharged from further consider The Joint resolution (H.J, Res. 649) ation of H.R. 1473 and that the Senate designating November 12, 1988, as proceed to its immediate consider THE CALENDAR "National Firefighters Day," was con ation. Mr. BYRD. Mr. President. I ask sidered. ordered to a third reading, THE PRESIDING OFFICER. The unanimous consent that the Senate read the third time, and passed. bill will be stated by title. proceed to the immediate consider The legislative clerk read as follows: ation en bloc of the following joint res olutions Just received from the House: House Joint Resolution 573, House Joint Resolution 654. House Joint Res olution 649, House Joint Resolution 604. House Joint Resolution 620. House Joint Resolution 5G4. House Joint Resolution 446: that these vari ous and sundry resolutions be consid ered en bloc, advanced to third reading en bloc, passed en bloc, and the motion to reconsider cn bloc be laid on the table. The PRESIDING OFFICER. With out objection, it Is so ordered. NATIONAL BURN AWARENESS WEEK The Joint resolution (H.J. Res. 604) designating February 5 through 11. 1989. as "National Burn Awareness Week." was considered, ordered to a third reading, read the third time, and passed. UNCLE SAM DAY ' The Joint resolution (H.J. Res. 626) designating September 13. 1989. as "Uncle Sam Day," was considered, or A bill (H.R. 1473) to designate the build* In* which will house the U.S. District Court for the Eastern District of Texes In Lufkin. TX. as the "Ward R. Burke U.S. Court house." The bill was considered, ordered to a third reading, read the third time, and passed. Mr. BYRD. Mr. President, I move to reconsider the vote by which the bill was passed. Mr. STEVENS. I move to lay that motion on the table. The motion to lay on the table was agreed to. Without objection, the preambles dered to a third reading, read the are agreed to. third time, and passed. IMPROVEMENT OF THE EFFI CIENCY AND EFFECTIVENESS NATIONAL CRANIOFACIAL AWARENESS WEEK NATIONAL EARTHQUAKE AWARENESS WEEK OF MANAGEMENT OF PUBLIC BUILDINGS ` The Senate proceeded to consider the Joint resolution (H.J. Res. S73) to designate the week beginning Novem ber 13. 1988. as "National Craniofacial Awareness Week." Mr. BYRD. Mr. President, earlier today the House of Representatives passed its Joint resolution designating the week of November 13-19. 1988. as Craniofacial Awareness Week." (II.J. Res. 573). This Joint resolution Is Iden tical to the Joint resolution I Intro duced earlier this year and was co sponsored by 46 Senators. With the designation of the week of November 13-19, 1988, as "National Craniofacial Awareness Week." organi zations such as the National Craniofa cial Deformities Foundation, let's face The Joint resolution (H.J. Res. 564) designating the first week of April 1989 as "National Earthquake Aware ness Week." was considered, ordered to a third reading, read the third time, and passed. NATIONAL JUKEBOX WEEK The Joint resolution (H.J. Res. 446) designating October 30 through No vember 5. 1988. as "National Jukebox Week." was considered, ordered to a third reading, read the third time, and passed. RELIEF OF CALVIN L. GRAHAM Mr. BYRD. Mr. President. I ask Mr. BYRD. Mr. President. I ask that the Chair lay before the Senate a mes sage from the House of Representa tives on S. 2186. The PRESIDING OFFICER laid before the Senate the following mes sage from the House of Representa tives: Resolved. That the bill from the Senate (S. 2188) entitled "An Act to Improve (lie ef ficiency and effectiveness of management of public buildings", do pass with the following amendment: Strike out all after the enacting clause, and insert: SUCTION I. SIIOKT TITLE. This Act may be cited as the "Public Buildings Amendments of 1988". sit. t increased threshold run APPROVAL PROCESS. It. and the National' Foundation for unanimous consent that the Senate Sections 4(b) and 7(a) of the Public Build Facial Reconstruction* can focus at tention on the victim* of craniofacial deformity, continuing to provide treat ment. education, research, and patient proceed to the consideration of Calen dar Order No. 1142. Mr. STEVENS. There is no objec tion. ings Act of 1959 (40 U.S.C. 903(b) and 609(a)) art amended by striking out "S300.000" each place It appears and insert ing in lieu thereof "91.500.000". assistance programs to these Individ uals and their families. Thousands of children suffer from the physicist and emotional trauma brought on by craniofacial deformi ties. The research, support, and public The PRESIDING OFFICER. The bill will be slated by title. The legislative clerk read as follows: A bill iH.R. S10) for the relief of Calvin L. Graham. The PRESIDING OFFICER. Is 5i:c. 1 LIMITATIONS ON LE-tSINC AITIIORITT. (a) Limitation on Appropriations rot Leasing Certain Spacc.--Section 7(a) of the Public Buildings Act of 1959 (40 U.SC. 603(a)) Is amended by Inserting after the second sentence the following new sentence'. "No appropriation shall be made to alter awareness these organizations are pro there objection to the present consid any building, or part thereof, which is under viding Is helping victims pf craniofa cial deformities live normal and pro ductive lives. I urge that the Senate pass this Joint resolution. The Joint resolution was ordered to a third reading, read the third time, and passed. eration of the bill? There being no objection, the bill was considered, ordered to a third reading, read the third time, and passed. Mr. BYRD. Mr. President. I move to* reconsider the vote by which the bill lease by the United Slates for use for a public purpose If the cost of such alteration aould exceed 9750.000 unless such alter ation has been approved by resolutions adopted by the Caeunlttet on Environment and Public Works of the Senate and the Committee on Public Works and Transpor tation of the House of Representatives.". CTL027556 s 17155 CONGRESSIONAL RECORD -- SENATE October 21. 198S <b> Limitation on Leasing Certain Sract.--Section T such Act (40 U.S.C. 608 is unended by adding at the end thereof the following new subjection: "(e) Limitation on Leasing Certain Stace.-- (1) General rulr.--The Administrator may not lease any space to accommodate-- (A) computer and telecommunications operations: "(8) secure or sensitive activities related to the national defense or security, except in any case in which It would be Inappropri ate to locate such activities In a public build ing or other facility Identified with the United States Government: or "(C> a permanent courtroom. Judicial chamber, or administrative office for any United Slates court: If the average rental cost of leasing such space would exceed 11.500,000. "(2> ExctmoN.-The Administrator may lease any space with respect to which para graph (1) applies if the Administrator first determines, for reasons set forth la writing, that leasing such space is necessary to meet requirements which cannot be met In public buildings and submits such reasons to the Committee on Qivtronraent and Public Works of the Senate and the Committee on Public World and Transportation of the House of Representatives.". SEC, I. DOLLAR AMOUNT ADJUSTMENT. Section 1 of the Public Buildings Act of 19.49 (40 U.S.C. 6081 Is funher amended by adding at the end the following new subsec tion: "(f) Dollar Amount Adjustment.--Any dollar amount referred to In this section and section 4(b) of this Act may be adjusted by the Administrator annually to reflect a per centage increase or decrease In construction costs during the preceding calendar year, as determined by the composite Index of con struction costs of the Department of Com merce. Any such adjustment shall be expe ditiously reported to the Committee on En vironment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representa tives.". SEC L STATE ADMINISTRATION! SPECIAL RULES FOR LEASCD BOLOINUS. The Public Buildings Act of 1959 (40 U.S.C. 6U1-618) Is amended by adding at the end thereof the following new sections; -SEC. l. STATE ADMINISTRATION OP CRIMINAL AND HEALTH AND SAfETT LAW*. "Notwithstanding any other provision of law. the Administrator may. whenever the Administrator considers it desirable, assign to a State, or to a commonwealth, territory*, or possession of the United States, all or part of the authority of the United States to administer criminal laws and health and safety laws with respect inlands or interests In lands under the contest of the- Adminis trator located la such SUUt commonwealth, territory, or possession. Assignment of au thority under this section may be accom plished by filing with the ehief executive of ficer of such Slate, commonwealth, terri tory. or possession a notice of aasignment to take effect upon acccotance thereof, or in such other manner as may be prescribed by the laws of the Slate, commonvt-ailh. terri tory. or possession In which such lands or interests In lands are located. ->`rr.special rules dir leased ni'u.niM.a. "() SrtcirtCATtoNi.--Noi withstanding (he provisions of section 210thXD of the Federal Property and Administrative Serv ices Act of 1949. the Administrator shall not make any agreement or undertake any com* mllmcnl winch will result In the construc tion of any building which Is to bo con structed for lease to, and for prcdomuiani use by. the United States until the Adminis "(A) In preparing plana for the building, trator has established detailed specification consult with appropriate officials of the requirements for such building. State or political subdivljon. or both, in -tb) CoMrrrmv* Procedures.--1The Ad which the building will be located; ministrator may acquire a leasehold Interest "(B) upon request, submit such plans In a in any building which is constructed for timely manner to such officials for review lease to. and for predominant use by, the United States only by the use of competitive procedures required by section 303 of the Federal Property and Administrative Serv ices Act of 1949 (41 U.S.C. 253). "(c) iNsrtCTtoNs.--The Administrator shall Inspect every building to be construct ed for lease to. and for predominant use by. the United Slates during the construction of such building In order to determine that the specifications established for such build ing are compiled with. "(d) ENroaCTOAjprr.-- "(1) POST-CONSTRUCTION EVALUATION.-- Upon completion of a building constructed for lease to. and for predominant use by, the United States, the Administrator shall evaluate such building for the purpose of determining the extent. If any. of failure to comply with the specifications referred to In subsection (a). "(I) Contract clause.--The Administrator shall ensure that any contract entered Into for a building described In paragraph (1) shall contain provisions permitting a reduc tion of rent during any period when such by such officials for a reasonable period of time not exceeding 30 days; and (C) permit inspection by such officials during construction or alteration of the building, in accordance with the customary schedule of inspections for construction or alteration of buddings In the locality, if such officials provide to the Administrator or the head of the Federal agency, as the case may be-- "(I) e copy of such schedule before con struction of the building Is begun: and "(II) reasonable notice of their Intention to conduct any inspection before conducting such inspection. "(2) Limitation on state acsroNsiaiL- mu.--Nothing In this section shall impose an obligation on any State or political subdi vision to take any action under paragraph (I). '(d) State and Local Government Recom mendations.--Appropriate officials of a Slate or a political subdivision of a Slate may make recommendations to the Admin istrator or the head of the Federal agency building Is not In compliance with such authorized to construct or alter a building specifications.". concerning measures necessary to meet the SEC 4. COMPLIANCE WriU NATION.UXr RECOG.SIZED LODES. requlremenu of subsections (al and <bk Such officials may also make recommenda (a) In General--The Public Buildings Act tions to the Administrator or the head of of 1959 (40 U.S.C. 601-618) is further the Federal agency concerning measures amended by adding at the end the following which should be taken In the construction new section: or alteration of the building to take Into ac- SEC II. COMPLIANCE WITfl .SIZED CODES. NATIONALLY RECOC- count.local - or the head conditions. The Administrator of the Federal- agency shall give "(a) Building Codes.--Each building con structed or altered by the General Services Administration or any other Federal agency due consideration to any such recommenda tions. "(e) Enter or Noncomtuakce.--No action shall be constructed or altered, to the maxi may be brought against the United States mum extent feasible as determined by the and no fine or penalty may be Imposed Administrator or the head of such Federal against the United States for failure to meet agency. In compliance with one of the na the requlremenu of subsection <a>. tb). or tionally recognized model building codes (c) of this section or tor failure to carry out and with other applicable nationally recog any recommendation under subsection ul>. nized codes. Such other codes shall Include, "(f) Limitation or Liability.--The United but not be limited to. electrical codes, fire States and lu contractors shall not be re and life safety codes, and plumbing codes, as quired to pay any amount for any action determined appropriate by the Administra taken by a State or a political subdivision of tor. In carrying out this subsection, the Ad a State to carry out Lhia section (Including ministrator or the head of the Federal reviewing plana, carrying out on-site Inspec agency authorized to construct or alter the tions. Issuing building permits, and making building shall use the latest edition of the nationally recognised codes relerred to in (his subsection. "(b) Zoning Laws.--Each building con structed or altered by the General Services Administration or any other Federal agency shall be constructed or altered only after consideration of^all requirements (other than procedural requiremeata) of-- "U) zoning laws, and '(!) laws relating to landscaping, open space, minimum distance of a building from tlie property line, maximum height of a building, historic preservation, and esthetic qualities of a building, and other similar laws. of a Sialc or a political subdivision of a State which ivoulci apply to the building If it were nut a btnixng constructed or allured by a Federal agency. "(ci SriciAL Rules.-- "(l) State ans local government consul tation. ncvicw. ano inspections.--For pur poses of meeting the requirements cf sub sections (a) and (b) wen respect to a build recommendations). (g) ArfL1CA11 LITE TO CgRTAIN BUILD- incs.--This section applies to any project for construction or aiuratlon of a building for which funds are first appropriated (or a fiscal year beginning after September 30. 1989. "(h) National Scccritt Waive*.--This lection shall not apply with respect to any building if the Administrator or the head of the Federal agency authorized to construct or slier the building determines that the ap plication of this section to the building would adversely affect national security. A determination under this subsection shall not be subject to adminitirauve or judicial review." (b) NoTiricsnoN or Federal AcenriLs Not later than 180 days after the cate of tr.c cn.u-trr.cnt of this section, the Administra tor of General Services shall notify tue heads of all Federal agencies of the requiremenu of section 21 of the Public BuilJmx.v Act of 1959. ing. the Administrator or the head of the mx. r. limitation on maaimi m renew. rite Federal agency authorized to construct or Section 322 of the Act of June 30. 1933 < 4? alter the building shall-- Slat. 412: 40 U.S.C. 21#a). Is repealed. CTL027557  l October 21,1988 CONGRESSIONAL RECORD - SENATE S 17157 sec. i. ruirrccTtoN or nrouui. mmivkhty. (B> January 3. 1989. tion is on the engrossment of the <a> Rtmcnct to G5A.--The Art of June <b> Rosert A. Younc Federal Building. amendment and third reading of the I. 1948 (63 SUL 261; 40 UAC 3U-318d) Is amended-- (1) by striking out "Federal Works Agency" each place It appears and Insertinc In lieu thereof "General Services Adminis tration": and (2) by strlklnt out "Federal Workers Ad St. Louis. Missouri.-- *(1) Designation.--The Federal building lo cated at 403 South Tucker Boulevard. SL Louis. Missouri, shall be known and desig nated as the "Robert A. Young Federal Buildlnc". <2> Lecal rctcrcnces.--Any reference In a Joint resolution. The amendment was ordered to be engrossed and the Joint resolution to be read a third time. The Joint resolution (H.J. Res. 137) was read the third time. ministrator" each place It appears and In- law. map. regulation. documenL record, or The PRESIDING OFFICER. The set-tint In lieu there of "Administrator of General Services". other paper of the United States to the Fed eral building referred to In paragraph (1) question Is, Shall the Joint resolution WA tgl (b) Inclusion or Leased Psorcarr.--The first section of such Art (40 U.S.C. 3181 Is amended to read as follows: SECTION (. trtCIAL rouct "(a! ArrotimsiNT.--The Administrator of General Services, or officials of the General Services Administration duly authorized by the Administrator, may appoint uniformed tuards of such Administration as special po licemen without additional compensation for duty In connection with the policing of all buildings and areas owned or occupied by deemed to be a reference to thii ^ffWsrt A. Young Federal Building". :.ir. BYRD. Mr. President. I move the Senate concur In the House amendment. Mr. STEVENS. There Is no objec tion. The PRESIDING OFFICER. The question Is on agreeing to the motion of the Senator from West Virginia. The motion was agreed to. the Joint resolution (H.J. Res. 137) was passed. The preamble was agreed to. The title was amended as follows: Amend tbe title so as read "Joint Resolu tion designating the month of May 1989. as "National Asparagus Month". Mr. STEVENS. Mr. President. I move to reconsider the vote by which the Joint resolution was passed. the United Stales and under the charge and control of the Administrator. "(b) Powns.--Special policemen appoint ed under this section shall have the same powers as sheriffs and constables upon Mr. BYRD. Mr. President. I move to reconsider the vote by which the Mr. BYRD. I move motion on the table. to lay that motion was agreed to. The motion to lay on the table was Mr STEVENS. I move to lay that agreed to. property referred to In subsection (a) to en motion on the table. force the laws enacted for the protection of persons and property, and to prevent breaches of the peace, to suppress affrays of unlawful assemblies, and to enforce any The motion to lay on the table wu agreed to. DEPARTMENT OF ENERGY CI VILIAN RESEARCH AND DEVEL OPMENT AUTHORIZATION ACT rules and regulations promulgated by the Administrator of General Services or such duly authorized officials of the General Services Administration for the property under their Jurisdiction; except that the Ju risdiction and policing powers of such spe cial policemen shall not extend to the serv NATIONAL ASPARAOUS MONTH Mr. BYRD. Mr. President. I ask unanimous consent that the Judiciary Committee be discharged Irom further consideration of H. J. Res. 137 and the Senate proceed to its immediate con Mr. BYRD. Mr. President, I asZ unanimous consent that the Senate proceed to the Immediate consider ation of Calendar Order No. 997, H-R. 4505. a bill to reauthorize thd Depart ment of Energy Office -of Civilian Re ice of civil process.". (ci ConroamNo Amendments.-- <11 Section s.--Section 2 of such Art (40 U.S.C. 318a) Is amended by striking out "Federal property" each place It appears and inserting In lieu thereof "property". (2) Section a--Section 3 of such Act (40 U.S.C. 318b) Is amended by striking out "and over which the United States has ac quired exclusive or concurrent criminal Ju risdiction". SEC I. CERTAIN OTHER AUTHORITIES- Nothing In this Art (Including any amend ment made by this Act) shall be construed to affect the authorities granted In sections 3. 6. and 8 of the Central Intelligence Agency Art of 1948 (SO U.S.C. 403f. 403g. and 403J). SEC 11 TCC1INCAL AMENDMENT. The Act entitled "An Act to designate tho United States Post Office an* Courthouse In Pendleton. Oregon, as the 'Jofca P. Kil kenny United Slates Post Office and Court* house' approved October IT, 1804 (Public Law *8-492; 98 Sul 2211). la amended by sideration. The PRESIDING OFFICER. The Joint resolution will be stated by title. The legislative clerk read as follows: A Joint resolution (HJ. Res. 137) Desig nating the month of May as "National As paragus Month". The PRESIDING OFFICER. Is there objection to the Immediate con sideration of the Joint resolution? There being no objection, the Senate proceeded to consider the Joint resolu tion. AMENDMENT NO. STS Mr. STEVENS. Mr. President, I send to the desk an amendment on behalf of the Senator from California (Mr. WtLSON). The PRESIDING OFFICER. The amendment will be stated. The legislative clerk read as follows: The Senator from Alaska (Mr. Stevens! search. The PRESIDING OFFICER. The bill will be stated by title. The legislative clerk read as follows A bill (H.R. 4S0S) to authorize appropria tions to tht Department of Energy tor civil ian research and development programs for fiscal year 1989. The PRESIDING OFFICER. Is there objection to the immediate con sideration of the bill? There being no objection, the Senate proceeded to consider the bill, which had been reported from the Commit tee on-Energy and Natural Resources, with amendments, as follows (The parts of the bill Intended to be stricken are shown In boldface brack ets. and the parts of the bill intended to be Inserted ere shown in Italic.) 77ia( this Act may be cited as (As "Depart ment a/ Energy Research Initiatives and Technology Competitiveness Act aU9ff". striking out "Dorian" and Ingcrtint In lieu thereof "Dorlon". SEC II. NAMINCS. (a) Lawton Chiles, Jr. Federal Building. Lakeland, Florida.-- (1) Designation--The Federal Building to be constructed In Lakeland. Florida, that will replace the existing Federal Building In Lakeland. Florida, shall be known and desig nated as the "Lawton Chiles. Jr. Federal for Mr. Wilson promises an amendment numbered 3789. On pace 2. line 3. after the word "May". Insert ", 1989.". The PRESIDING OFFICER. The question Is on agreeing to the amend ment. The amendment (No. 3769) was agreed to. Mr. STEVENS. Mr. President. I TITLE t-NATtONAL LABORATORY COOPERATIVE RESEARCH INITIATIVES SEC Itt. SHORT TITLE Thit HU* may be cited as <Ae "Department of Energy National Laboratory Cooperative Research Initiatives Aet". sec. i$i OEFixmoxs. For purposes of this (((fa the term-- tat ' National Laboratory" meanj the fol Building". move to reconsider the vote by which lowing Department of Energy laboratories-- (2) Lecal RErutENCES.--Any reference in the amendment was agreed to. (U Lawrencc-Livermort National Labora- any law. regulation, document, record, map. Mr. BYRD. I move to lay that ton: ^^other paper of. the United States to the ^^ftldtng designated by paragraph (1) Is ^Imed to be a reference to the "Lawton chiles. Jr. Federal Building". (11 Errrerivt date.--Thla subsection shall take effect on whichever of the following motion on the table. The motion to lay on the table was agreed to. The PRESIDING OFFICER. The Joint resolution is open to further Hi Lawrence-Berkeley National Laborato ry: tl> Lot Alamos National Laboratory: U) Sandia National Laboratory: tS) Fermi National Accelerator; it) Princeton Plasma Physics Laboratory: occurs later. amendment. If there be no further 17) Idaho National Engineering Laborato '.A) The dale of the enactment of this AcL amendment to be proposed, the ques ry: CTL027558