Paul Sarbanes

Mr. SARBANES

Mr. SARBANES. Mr. President, today I am reintroducing legislation together with my colleagues Senators Byrd, Rockefeller, and Mikulski to grant congressional consent to a compact entered into between the States of Army Corps of Engineers, to provide for joint management and enforcement of laws and regulations pertaining to natural resources and boating at Jennings Randolph Lake. This legislation was approved by the Senate in the closing days of the 103d Congress, but was not considered in the House. Jennings Randolph Lake is located on the north branch of the Potomac River in Garrett County, MD and Mineral County, WV. Construction of the dam, which created the lake, was authorized by the Flood Control Act of 1962 and the project was specifically designed to improve the water quality of the Potomac River, reduce flood damage, provide water supply, and opportunities for recreation. Completed in 1982, the dam is one of the largest dams east of the Mississippi--approximately 6.6 miles long, with a surface area of 952 acres and a drainage area of 263 square miles. Originally named Bloomington Lake, the project was rededicated in May 1987 in honor of former West Virginia Senator Jennings Randolph. The lake and surrounding area are extraordinarily beautiful and include some of the most picturesque countryside in the Nation. The lake and the north branch of the Potomac River below the dam support a recreational trout fishery that is regarded as one of the best in America. Other recreational opportunities including boating, downstream whitewater rafting, hiking, and picnicing are drawing increasing numbers of visitors to the lake. The Army Corps of Engineers currently operates and maintains five recreation sites at the project and the State of Maryland, in cooperation with the corps, is in the process of developing a boat launch and support facilities on the Maryland side of the project. Unfortunately, the creation of the lake removed the natural boundary between West Virginia and Maryland and the meandering nature of the former river and the depth of the lake have made it virtually impossible to reestablish the precise location of the boundary. As a consequence, enforcement of natural resources and boating laws and regulations on the lake has been tentative at best and at worst, nonexistent. As recreational uses of the lake continue to increase, it is anticipated that enforcement problems will become increasingly difficult. The compact legislation I am introducing today provides the State of West Virginia and Maryland with concurrent jurisdiction over the project area to enable them to jointly enforce natural resource and boating laws and regulations. This approach eliminates the need to redefine the boundary between the two States for law enforcement purposes. As required before congressional action can be taken, the compact was approved by the respective legislatures of Maryland and West Virginia in their 1993 legislative sessions. Mr. President, this legislation will address the ongoing problems associated with the management and enforcement of laws and regulations relating to natural resources and boating at the Jennings Randolph Lake Project. It has been long awaited by both States and I urge its swift enactment. I ask unanimous consent that the legislation be printed in the Record.

Mr. SARBANES

Mr. SARBANES. Mr. President, I am pleased to join with my colleagues from the Banking Committee as an original cosponsor of this legislation. The bill we are introducing today would extend the rural rental housing program authorized under section 515 of the Housing Act of 1949. This program, now administered by the Rural Housing and Community Development Service [RHCDS] at the Department of Agriculture, is a valuable and critical source of funding for the development of affordable housing for low-income families who live in rural areas. The legislation is needed because the authorization for the Section 515 Program expired at the beginning of this fiscal year. The Appropriations Act provided $220 million for this program. With this authorization, the RHCDS will be able to address pressing needs for the rehabilitation and preservation of existing housing, as well as provide funding for a large pipeline of worthwhile projects. I am particularly pleased that this bill also extends two important features of the Section 515 Program--a set-aside for nonprofit developers and a set- aside for underserved areas. The bill we are introducing today will also provide the Secretary of the Department of Housing and Urban Development [HUD] with the authority to extend the section 8 contracts on low-income housing projects whose subsidy contracts will expire before October 1, 1996. Under the current section 8 contracts, owners must provide their tenants with a 12-month notice before the expiration of the subsidy contract. The contracts on a relatively small number of projects nationwide will expire in the next 12 months or the owners of the projects will be required to provide notice in the next 12 months. It is important to note, Mr. President, that this provision is temporary and the extension of the contracts cannot exceed 18 months. The provision's inclusion in this legislation will give the Administration and the Congress time to review the Section 8 Program and examine long- term strategies for dealing with contract expirations, without causing uncertainty for residents or the inadvertent displacement of low-income households who reside in section 8 developments.

Mr. SARBANES

Mr. SARBANES. Mr. President, as we begin the 104th Congress, I am reintroducing legislation to improve the pay system used for Federal firefighters. This important bill has three broad purposes: First, to improve pay equality with municipal and other public section firefighters; second, to enhance recruitment and retention of firefighters in order to maintain the highest quality Federal fire service; and third, to encourage Federal firefighters to pursue career advancement and training opportunities. Fire protection is clearly a major concern at Federal facilities and on Federal lands throughout the Nation. From fighting wildland fires in our National parks and forests to protecting military families from fires in their base housing, Federal firefighters play a vital role in preserving life and property. One only needs to recall the terrible tragedies in Colorado last summer to understand the incredible commitment of our Federal firefighters. The Department of Agriculture, the Coast Guard, the Department of Commerce, the Department of Defense, the General Services Administration, the Department of the Interior, and the Department of Veterans Affairs are among the Federal agencies that rely on Federal employees to protect their vast holdings of land and structures. Just like their municipal counterparts, these Federal firefighters are the first line of defense against threats to life and property. Mr. President, the current system used to pay our Federal firefighters is at best confusing and at worst unfair. These men and women work longer hours than other public sector firefighters yet are paid substantially less. The current pay system, which consists of three tiers, is overly complex and, more importantly, is hurting Federal efforts to attract and retain top-quality employees. Currently, most Federal firefighters work an average 72-hour week under exceptionally demanding conditions. The typical workweek consists of a one-day-on/one-day-off schedule which results in three 24-hour shifts per 72-hour week. Despite this unusual schedule, firefighters are paid under a modified version of the same General Schedule pay system used for full-time, 40-hour-per-week Federal workers. The result of the pay modification is that Federal firefighters make less per hour than any other Federal employees at the same grade level. For example: a firefighter who is a GS-5, Step 5 makes $7.21 per hour while other employees at the same grade and step earn $10.34 per hour. Some have tried to justify this by noting that part of a firefighter's day is downtime. However, I must note that all firefighters have substantial duties beyond those at the site of a fire. Adding to this discrepancy is the fact that the average municipal firefighter makes $12.87 per hour. Mr. President, this has caused the Federal fire service to become a training ground for young men and women who then leave for higher pay elsewhere in the public sector. Continually training new employees is, as my colleagues know, very expensive for any employer. The Office of Personnel Management is well aware of these problems. In fact, section 102 of the Federal Employees Pay Comparability Act of 1990 [FEPCA], title V of Public Law 101-509, authorizes the establishment of special pay systems for certain Federal occupations. The origin of this provision was a recognition that the current pay classification system did not account for the unique and distinctive employment conditions of Federal protective occupations including the Federal fire service. In May of 1991, I wrote to OPM urging the establishment of a separate pay scale for firefighters under the authority provided for in FEPCA. Subsequently, OPM established an Advisory Committee on Law Enforcement and Protective Occupations consisting of agency personnel and representatives from Federal fire and law enforcement organizations. Beginning in August of 1991, representatives from the Federal fire community began working with OPM and other administration officials to identify and address the problems of paying Federal firefighters under the General Schedule. The committee completed its work in June of 1992 and in December of that year issued a staff report setting forth recommendations to correct the most serious problems with the current pay system. Mr. President, I regret that since the release of the OPM recommendations, there has been no effort to implement any of the proposals of the advisory task force. In fact, OPM has communicated quite clearly that it has no plans to pursue any solution to the serious pay deficiencies that have been so widely identified and acknowledged. It would not be necessary to introduce this legislation today had OPM taken the corrective action that, in my view, is so clearly warranted. However, I have determined that legislation appears to be the only vehicle to achieve the necessary changes in the pay system for Federal firefighters. Mr. President, the Firefighter Pay Fairness Act would improve Federal firefighter pay in several important and straightforward ways. Perhaps most importantly, the bill draws from existing provisions in title V to calculate a true hourly rate for firefighters. This would alleviate the current problem of firefighters being paid considerably less than other General Schedule employees at the same GS level. It would also account for the varying length in the tour of duty for Federal firefighters stationed at different locations. In addition, the bill would use this hourly rate to ensure that firefighters receive true time and one-half overtime for hours worked over 106 in a biweekly pay period. This is designed to correct the problem, under the current system, where the overtime rate is calculated based on an hourly rate considerably less than base pay. The Firefighter pay Fairness Act would also extend these pay provisions to so-called wildland firefighters when they are engaged in firefighting duties. Currently, wildland firefighters are often not compensated for all the time spent responding to a fire event. Our bill would ensure that these protectors of our parks and forests would be paid fairly for ensuring the safety of these invaluable national resources. The bill also ensures that firefighters promoted to supervisory positions would be paid at a rate of pay at least equal to what they received before the promotion. This would address the situation, under the current pay system, which discourages employees from accepting promotions because of the significant loss of pay which often accompanies a move to a supervisory position. Similarly, the bill would encourage employees to get the necessary training in hazardous materials, emergency medicine, and other critical areas by ensuring they do not receive a pay cut while engaged in these training activities. Mr. President, this legislation is based upon a bill I authored in the 103d Congress. A bipartisan group of more than 50 Members cosponsored the measure in the Senate and the House reflects several modifications that were suggested to the bill following substantial discussions with various Members. However, it is identical to the so-called compromise measure that was discussed with the authorizing as well as the appropriating committees last summer and received widespread support. To reduce initial costs and allow oversight of the effectiveness of the legislation, the bill I am introducing today would implement the new pay system and other provisions beginning October 1, 1995. However, the new rate of pay would be phased in over a four year period ending October 1, 1999. Mr. President, I consulted many of the affected groups in developing my legislation. I am very pleased that this bill has been endorsed by the American Federation of Government Employees, the International Association of Fire Chiefs, the International Association of Fire Fighters, the National Association of Government Employees, and the National Federation of Federal Employees. As I have said before, Mr. President, fairness is the key word. There is no reason why Federal firefighters should be paid dramatically less than their municipal counterparts. As a co-chairman of the Congressional Fire Services Caucus, I want to urge all members of the caucus and, indeed, all Members of the Senate to join in cosponsoring this important piece of legislation.