On the recordJuly 11, 1995
many observers and many of us have viewed this bill as having a serious problem, which is raising the possibility that there is an inconsistency between what this bill requires and what other laws require. This amendment addresses one part of that issue and it does it, I believe, in a useful way. That is the reason why the amendment does make a contribution to further progress on the bill. This amendment makes it clear that if, with respect to any action to be taken by a Federal agency, including actions to protect human health, safety, and the environment, it is not possible for the agency to comply with the decisional criteria of this section and the decisional criteria provisions of other law--as interpreted by court decisions--the provisions of this section shall not apply to the action. I have expressed my concern about this issue to the sponsors for several weeks now. I am concerned that there may be situations where the statute which is the basis for the issuance of a regulation may conflict or be inconsistent with the requirements of the decisional criteria in section 624. The sponsors say they believe that is not possible because of the way section 624 is drafted. I have not shared their confidence in that belief, but this amendment makes that now clear.
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