WATCHING GOVERNMENT THE UNLAMENTED 103RD CONGRESS

The 103rd Congress is likely to be remembered more for its failures than its achievements.

Oil lobbyists may be disappointed that legislators passed so few U.S. energy bills (OGJ, Sept. 19, P. 21). The other side of the coin is Congress didn't impose tough environmental laws either.

Legislators will return to Washington in late November for a short, unusual "lame duck" session to vote on a pact expanding the General Agreement on Tariffs and Trade (GATT). It should be less contentious than it would have been if considered before the Nov. 8 general elections.

FAILURE TO AGREE

During the regular session, congressmen could not agree on reauthorizations of major environmental bills such as the Clean Water Act, Safe Water Drinking Act, and Comprehensive Environmental Response, Compensation, and Liability Act (Superfund).

At various times, all appeared to be headed toward passage. But sooner or later, all bogged down.

Even a bill to elevate the Environmental Protection Agency to cabinet status, which had the Clinton administration's strong support, became mired in congressional quicksand and silently slipped from view.

Congress managed to pass only one notable environmental bill, the California Desert Protection Act, after it survived a Senate filibuster by only one vote on the last day.

Failures were especially bitter for environmentalists because for the first time in 12 years the presidential administration was committed to a bold, broad environmental agenda.

From its slim list of energy bills, Congress in its final days of regular sessions culminated a 5 year effort to pass legislation designed to protect independent service station owners. It amended the 1978 Petroleum Marketing Practices Act to allow state laws to supersede service station lease provisions and to keep franchised stations from being converted to company operated stations.

Congress also approved a scaled down bill reauthorizing Strategic Petroleum Reserve operations under the Energy Policy and Conservation Act without major changes.

But legislators could not agree on a bill setting a national, mandatory, one call notification system for locating underground utilities.

The Interstate Natural Gas Association of America said, "This bill remains Ingaa's top legislative priority, and we will continue our efforts to see that it becomes law as soon as possible. An improved one call system is the cornerstone of the natural gas pipeline industry's safety program because third party damage is the leading cause of pipeline accidents."

LOOKING AHEAD

If environmental lobbyists have good reason to lament the 103rd Congress, they know they have less reason to look forward to the next one.

The Democratic party appears headed for stinging losses in the November elections. That means the next Congress will be more conservative and less enthusiastic about government mandates for environmental protection.

It also will have less time to work on them because 1996 will be a presidential election year. Major bills are seldom passed once the presidential campaigns begin.